138 
that disposal. Basically, what happens is that all biological testing 
is required to be completed by an applicant at his expense prior to 
the time he makes a permit application. If he finds out through 
that testing that he is not going to qualify for ocean disposal he is 
not going to go through the time, effort and expense of applying for 
that permit. 
Mr. CarRnEy. There is a prescreening then? 
Colonel Smitu. Yes, sir. 
Mr. CaRNEY. Because I was somewhat concerned, my research in- 
dicates to me that there has been only one application turned down 
by the Corps of Engineers, and they reapplied, and then the crite- 
ria was met. 
What you are saying then, basically, is that this occurs because 
of a prescreening process of the applicant? 
Colonel Smitu. That is correct. 
Mr. CARNEY. Can you identify some applicants that, perhaps, are 
in a situation like that? 
Colonel Smitu. I would be happy to provide that for the record. I 
can tell you that there are certain channels, like Gowanus Creek 
and Newtown Creek, that are not being dredged. There are people 
that would like to have them dredged, but the sediments are too 
contaminated and they are just not under consideration for ocean 
disposal. 
[The information follows:] 
DENIAL OF OCEAN DUMPING PERMIT REQUESTS AND THE IMPACT OF IMPLEMENTATION 
OF THE 1977 EPA OcEAN DUMPING REGULATIONS AND CRITERIA ON PERMIT PROC- 
ESSING IN THE NEw YorK DIstrRIctT 
Though no permits applications have been formally denied by the New York Dis- 
trict, applications have been withdrawn as a result of noncompliance with the 
Ocean Dumping Criteria. Since November 1977, NY District has received eighty- 
four requests from non-Corps applicants to dispose of dredged material into the 
ocean. Three of the eighty-four have not complied with the Criteria and their appli- 
cations were withdrawn. 
Thirty-three reaches or portion of Federal navigation channels have been re- 
viewed under the Criteria since 1977. Three of the thirty-three projects have not 
been able to comply with the Criteria and dredging of these projects has been pre- 
cluded pending the further evaluation of alternative disposal options. 
In addition to projects being precluded from ocean disposal, implementation of the 
Ocean Dumping Criteria has resulted in serious delays in accomplishing dredging 
projects in New York Harbor. The Criteria required new testing procedures which 
resulted in implementation and quality control complications at the few commercial 
laboratories availabie to perform such testing. In addition, interpretation of bioassay 
and bioaccumulation test results became a controversial subject. Refinements in 
testing procedures were effected, a quality assurance program was established, and 
interpretive guidance was developed and coordinated with all Federal agencies in- 
volved in New York District’s Ocean Dumping Program. Though implementation 
problems have gradually been resolved, delays in permit processing have curtailed 
dredging operations in the Port. 
Below is table of dredging volumes which reflects time periods before and after 
implementation of the 1977 Ocean Dumping Regulations and Criteria. 
YEARLY AVERAGE VOLUME OF DREDGED MATERIAL DISPOSED AT THE MUD DUMP SITE 
{In millions of cubic yards} 
1972-77 ~—- 1978-81 
Federal): maintenance projects: 5s: Seater 1 ence Peat ae Aes Teper ee ea ee ce er Bia 5.1 43 
NonCOrpS¥PrOjOChSi.é4 o7e 8S oe el et a te wn os ee tran Hew Ret eeesie Dae 2.6 1.4 
