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for a 28-day bioaccumulation test results using the sandworm, Nires 

 Virens. In contrast, EPA's interim guidance does not allow disposal 

 without capping of material that shows any bioaccumulation of dioxin 

 and prohibits disposal of material that exceeds 10 ppt bioaccumulation. 



The testing and standards for land-based disposal are not 

 comparable to that required for ocean disposal. We believe that is 

 justifiable, because the conditions for disposal alternatives are 

 different. Dredged material behaves differently when on land. In a 

 land-based environment, dredged material may be oxidized and is also 

 exposed to acid rain, thus creating a potential for heavy metal 

 leaching. In the chemically buffered marine environment, heavy metal 

 contaminants tend to be less mobile in fine grain sediments and anoxic 

 condi t ions . 



8. You also state that with the rapid advances in technology, our 

 ability to detect things to lower and lower levels far exceed our 

 understanding of what it all means. Do you feel that these advances in 

 technology could potentially pose a greater problem to the permitting 

 process in the future as potentially harmful contaminants are found in 

 other harbors? What recommendations would you make to improve this 

 process so that this is not the case? 



Yes. Advances in technology enabling measurements of 

 pollutants to smaller and smaller detection limits will exacerbate the 

 permitting process throughout the nation. There is a need for a public 

 policy which calls for criteria and standards based on actual risk to 

 health and the environment. Included in this policy should be a clear 

 statement of what is an acceptable risk. 



9. What recommendations would you make to improve the federal 

 permitting process? Do you feel that there is a need to streamline 

 this process? If so, what would you suggest as the best approach to 

 simplifying the permitting process? Will changes in the Ocean Dumping 

 Act improve the dredge permitting process? What further suggestions do 

 you have for eliminating the number of regulatory delays and creating 

 better coordination of efforts by the Corps, EPA, and State agencies in 

 order to provide a more stable, streamlined permit process? 



The difficulties we find with the federal permitting process 

 is the inability of regulators to make decisions in a timely manner and 

 the potential for changing requirements. The formal process allows for 

 public comment and review within specified time frames. However, 

 regulators have historically proven themselves incapable of bringing 

 this process to a close. Both EPA and the Corps of Engineers act on 

 issues in a linear manner and have demonstrated an inability to deal 

 with more than one aspect of the permit application at a time. It is 

 the standard practice for regulators, both in federal and state 

 agencies, to piecemeal information gathering to run the process over a 

 greater length of time. This prolongs decision-making and favors those 

 who would seek to slow or indefinitely delay the process and defeat the 

 bid for the permit. The environmental community, which has no stake in 

 a positive determination, acts to delay and extend the process as long 



