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QUESTION: 



a. When would EPA veto an ocean dumping permit? 



b. Is there a process that needs to be developed in order to avoid another 

 NY/NJ permit denial problem? If so, what would you recommend. 



ANSWER: 



Under Section 103(c) of the MPRSA as amended by WRDA '92, EPA must 

 make an independent evaluation and concur or non-concur within 45 days of 

 receiving all necessary information as to compliance of a proposed dredged 

 material ocean dumping project with the ocean dumping criteria. If EPA 

 determines that a proposed project is not in compliance with the ocean 

 dumping criteria and non-concurs on such determination by the Corps of 

 Engineers, then the permit can not be issued without a waiver of the criteria 

 by the Administrator of EPA. The Secretary of Army may request a waiver 

 of the criteria after certifying that there are no economically feasibly 

 alternatives to ocean dumping. A waiver shall be issued within 30 days 

 "unless the Administrator finds that the dumping of the material will result in 

 an unacceptably adverse impact on municipal water supplies, shellfish beds, 

 wildlife, fisheries (including spawning and breeding areas), or recreational 

 areas" (see MPRSA 1103(d)). 



The NY/NJ permit was issued and subsequently suspended when the volume 

 of material needing to be dredged had substantially increased since the time 

 the proposed dredged material had been tested. Additional testing was 

 requested by EPA to determine whether the additional material which had 

 accumulated in the channel was also suitable for ocean dumping. The 

 additional testing was conducted and EPA determined that it was suitable 

 for ocean dumping. However, for other reasons, the Corps of Engineers did 

 not lift the permit suspension after EPA withdrew its objection. 



As described in the previous answer, EPA continues to work closely with the 

 Corps of Engineers to ensure that the permit process is predictable, delays in 

 permit decision-making are reduced, and the environment is adequately 

 protected. 



