265 



- 9 - 



QUESTION: 



There are a number of parties that have expressed concern over the lack of 

 public comment and input provided by the existing permit process. Explain 

 the various steps in the process that EPA provides for public input. 



Does EPA feel that there are ways that the process could be improved in this 

 regard? 



ANSWER: 



The Marine Protection, Research and Sanctuaries Act provides for EPA to 

 promulgate criteria to be used in evaluating the effects of proposed dumping 

 (MPRSA 1102(a)) as well as designating times and locations where 

 permitted ocean dumping may occur (MPRSA § 102(c)) . The MPRSA 

 assigns EPA responsibility for issuing permits for all materials to be ocean 

 dumped, except dredged material. Under the Act, the US Army Corps of 

 Engineers is assigned the responsibility for issuing dredged material ocean 

 dumping permits, subject to EPA review for compliance with the ocean 

 dumping criteria. 



With regard to designation of ocean disposal sites, EPA has adopted a 

 voluntary policy to prepare an environmental impact statement with the 

 concomitant opportunity for public comment. In addition, sites are formally 

 designated by promulgation of a rule in 40 CFR 228.13 and the public is 

 afforded an opportunity to comment at this time under the normal rule- 

 making process. Furthermore, in accordance with the Water Resources 

 Development Act of 1992 (WRDA '92), the public will have the opportunity 

 to review and comment on the development of site management plans. 



With regard to permitting, for non-dredged material EPA is the permitting 

 authority. For such EPA-issued permits, EPA makes available to the public a 

 notice of the proposed dumping, a copy of the draft permit, and provides an 

 opportunity to request a public hearing (See 40 CFR 222). 



In the case of dredged material permitting, the Corps of Engineers is the 

 permit issuing authority. The Corps has established public comment 

 procedures as described in the Corps permitting regulations at 33 CFR 325 

 and in the Corps' operation and maintenance regulations at 33 CFR 337. 

 These regulations provide for public notice, review and comment and the 

 opportunity to request a public hearing. EPA's role in issuing dredged 

 material permits is one of review and concurrence; under the statute, EPA 

 has 45 days to reach a decision. 



