308 



The Honorable Solomon P. Ortiz 

 May 10, 1993 



Page X 



Additionally, a hard look should be taken at the domestic port industry. It is 

 possible that ports around the country are overbuilt, trying to make themselves 

 accommodate too much in order to make themselves competitive. The need for all ports to 

 maintain deeper and deeper channels to accommodate larger and larger ships is certainly 

 questionable, in light of the enormous federal dollars spent to maintain deep channels. 



I would argue that dredging does not necessarily need to be reduced, it is the 

 disposal of dredged materials needs to change. Such changes will undoubtedly be more 

 expensive, but costs can be more readily accommodated if addressed sooner rather than 

 later. Additionally, such costs would also be avoided if the loadings of pollutants into 

 Harbors and ports are reduced through pollution prevention and improved water pollution 

 controls. 



13. What recommendations can be made to more closely coordinate the six 

 regions of EPA and the Corps in implementing the ocean disposal program? 



The two most important recommendations would be for EPA to establish minimum 

 monitoring standards that would apply to all dump sites and for EPA to document to 

 consistency of the testing guidance and criteria used by all the six regions. 



14. Why should EPA be the lead agency in permitting ocean disposal for 

 dredged material? 



Because EPA is charged with managing the dump sites, establishing ocean dumping 

 criteria and addressing contaminated sediments generally, it would be more efficient if EPA 

 managed the ocean disposal permit program. At the very least, EPA should be the lead 

 agency when the sediments involved are contaminated. The Corps has historically been 

 reluctant to readily admit that some sediments are contaminated and secondly, have an 

 overwhelming interest in keeping navigation channels open. Their mission to protect the 

 environment is secondary. For these reasons, it is time to place EPA in charge of those 

 permits that involve contaminated materials. 



15. Why should Congress mandate the development of sediment quality 

 criteria? 



EPA has been attempting to establish numeric sediment quality criteria for over five 

 years. EPA has been repeatedly challenged for this effort, particularly by the Corps of 

 Engineers, but also by industry. A congressional mandate would help establish EPA's role 

 in establishing standards and internally would help drive EPA's agenda to make such 

 standards a priority. A legislative mandate would clearly instruct EPA to establish criteria 

 under a deadline and could prioritize the most important pollutants. Legislation would also 

 clarify how such criteria would form the basis for decisions about NPDES permitting, 

 ocean dumping permitting and Superfund cleanup. A position paper written on this 



