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Responses to Subcommittee Questions 



(la) There are a number of parties that have expressed 

 concern over the lack of public comment and input provided 

 by the existing permitting process. Could you explain the 

 various steps in the process that your agency provides for 

 public input? 



At the state level, the New Jersey Department of 

 Environmental Protection and Energy (DEPE) reviewed 

 the Port Newark-Port Elizabeth maintenance dredging 

 project pursuant to the state Waterfront Development 

 Act, Section 401 (Water Quality Certification 

 provisions) of the Federal Clean Water Act (as 

 amended), and for consistency with the state Coastal 

 Zone Management Program. Notice of these pending 

 regulatory actions was published in the "NJDEPE 

 Bulletin." The Department did not receive any 

 significant public comment prior to the issuance of 

 these permits/approvals. In addition, the Department 

 maintained regular contact and discussion with the 

 applicant, federal regulatory agencies, and other 

 interested parties throughout the permitting process, 

 so that the stringent conditions placed on New 

 Jersey's permits for dredging operations received 

 ample public attention and discussion. 



At the federal level, the permitting process also 

 provided opportunities for public input. A public 

 hearing was held by the U.S. Army Corps of 

 Engineers-New York District (USACE) and the U.S. 

 Environmental Protection Agency-Region II (USEPA) for 

 the Port Newark-Port Elizabeth permit. In recent 

 weeks, the federal and state agencies have had ongoing 

 discussions regarding the project with interested 

 parties. One problem that did arise during the course 

 of the permit application review by the USACE was an 

 increase in the guantity of sediments to be dredged. 

 The public was not made aware of this change, which 

 subseguently led to the flurry of activity in which we 

 all remain presently engaged. 



The main concern about public involvement, which is 

 justified, is the lack of public input into the 

 establishment, by the federal agencies, of the ocean 

 disposal criteria for the dioxin-contaminated 

 sediments. The State of New Jersey also had very 

 little input into the development of these criteria. 



