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2. 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? 



Answer: Changes to section 103(c) the Ocean Dumping Act (ODA) mandated by the 



Water Resources Development Act of 1992 (WRDA '92) clarify the 

 responsibilities of the EPA and the Corps regarding review of ocean dumping 

 permits and provide specific timelines for review by EPA of permits under 

 consideration by the Corps. While these changes are a small step toward 

 providing consistent and timely review of ocean dumping permits, additional 

 changes may be necessary. 



Current permit regulations provide a reasonable and workable framework for 

 reviewing ocean dumping permits. However, federal regulatory agencies too 

 often ignore the time frames and fail to make difficult decisions in a timely 

 fashion. Coordination of comments and consultation among the interested 

 federal agencies should be required as early as possible in the process. 

 Current Memoranda of Agreement between the Corps and EPA, National 

 Marine Fisheries.and the Fish and Wildlife Service should be revised to 

 require streamlined and concurrent review of all issues relevant to the permit. 

 It is crucial that permit applicants know upfront what criteria will be applied 

 to their project. All agency and public comments should be identified early 

 in the permit process and should be handled concurrently rather than 

 sequentially as is too often the current practice. It is impossible for permit 

 applicants to satisfy regulatory agencies if applicants must respond to a 

 moving target and a seemingly endless line of new issues. The law should also 

 be amended to provide for regional, site specific permits for low volume, 

 regular maintenance dredging. 



3. Is there universal application of EPA criteria and standards for the disposal of 

 dredged material in coastal and ocean waters in all regions of the U.S.? 



Answer: Application of criteria and standards for disposal of dredged material varies 



between regions. In addition, slightly different criteria and standards are 

 applied to coastal waters, regulated under guidelines pursuant to section 

 404(b)(1) of the Clean Water Act (CWA), and ocean waters regulated under 

 the ODA. On one hand, the variability in the application of criteria is a 

 result of the flexibility necessary to allow for consideration of site specific 

 conditions and their effect on the impact of dredging activities on the marine 

 environment. On the other hand, the variability is a function of the uneven 

 application of the criteria as applied by the various EPA regions which have 

 the responsibility for administering the ocean dumping program. In addition, 

 before a dredging permit can be issued there must be a certification that it 



