391 
PREPARED STATEMENT OF THE AMERICAN ASSOCIATION OF PORT AUTHORITIES 
INTRODUCTION 
This statement is presented to the Subcommittee on Oceanography and the Sub- 
committee on Fisheries and Wildlife Conservation and the Environment of the 
House Merchant Marine and Fisheries Committee (the “Subcommittee’’) by the 
American Association of Port Authorities (““AAPA’’) to express deep and vital con- 
cerns which AAPA member ports have in the permit program for the ocean dump- 
ing of dredged material under Sec. 103 of the Marine Protection Research and Sanc- 
tuaries Act of 1972 (the “MPRSA”’), 33 U.S.C. § 1413. 
AAPA ports are faced with a continuing need to dispose of dredged material de- 
rived from needed maintenance dredging activities and necessary harbor and chan- 
nel improvements. Most of our coastal ports rely to some extent on ocean disposal. 
For many ports, such as the Port of New York, such disposal is crucial to operation- 
al survival. These dredging needs can also be expected to increase—particularly in 
view of current proposals and plans for the deepening of major channels to 55 feet 
to accommodate the deep draft vessels necesary for this country to take advantage 
of the burgeoning coal export trade during the remainder of this century. 
The past experience of AAPA member ports with the ocean dumping program for 
dredged material has been fraught with difficulty. It has been characterized by in- 
consistent policies among Federal agencies, unnecessary and unreasonable testing 
requirements and permit conditions, and the ever-present spectre of permit denial 
on the basis of narrow (and often unsupported) environmental concerns which take 
no account of competing “public interests”. Changes in the ocean dumping program 
are urgently required. 
It is against this background that the AAPA has read with alarm the text of cer- 
tain “Discussion Drafts” of proposed amendments to the MPRSA which are under 
consideration by this Subcommittee.1 The changes proposed in these drafts would, 
singly and collectively, threaten the virtual shutdown of ocean disposal of dredged 
material for many ports—with devastating impact upon the National, regional, and 
local economies which these port operations serve. The amendments of concern to 
the AAPA include those which propose: 
(1) a policy allowing “no degradation” of ocean waters—such a policy is unrealis- 
tic and unnecessary, and would establish a bias against ocean dumping that is un- 
supported by recent scientific evidence and experience. 
(2) criteria for permit decisions and site designations which do not take proper ac- 
count of all relevant factors affecting the “public interest” (including such vital port 
concerns as the need for ocean dumping, and the economic, commercial, and govern- 
mental considerations associated with such dumping)—such an approach fails to rec- 
ognize and properly weigh the interests of all sectors of the “public”, in contrast to 
the limited views of mission-oriented environmental interest groups. 
(3) a requirement for “final” site designation before any ocean dumping may be 
allowed—at a time of budget and manpower cutbacks within the Federal agencies 
involved, such a provision is unreasonable and unrealistic, and could effectively halt 
much needed dredging operations. 
(4) permit conditions which would impose costly “special fees” and affirmative re- 
search obligations upon ports as permit applicants—such conditions would tax many 
ports to the point of threatening continued operations. 
(5) incorporation of prohibitions of the London Dumping Convention without 
needed clarification of the relationship between Convention requirements and the 
provisions of the MPRSA. 
In the following sections of this Statement, the AAPA sets forth the basis for each 
of the concerns described above and offers alternative language of amendment to 
avoid the many problems which these proposed changes would impose upon AAPA 
member poris. 
A. DEGRADATION OF MARINE ENVIRONMENT 
The approach taken in the Discussion Draft (Sec. 102(a)(2)), pp. 6-7, and Sec. 
103(a), pp. 11-12 is to prohibit all ocean dumping that will “degrade” the marine 
environment unless there exists no prudent and feasible alternative means or loca- 
tions of disposal. Sec. 3(m) (pp. 3-4) defines “degrade” as having any “adverse 
effect” on human health, welfare, or amenities, or on the marine environment, eco- 
‘In this statement, the AAPA will refer to provisions of concern as they appear in the “Dis- 
cussion Draft of Feb. 25, 1982” (hereinafter ‘Discussion Draft”). 
