v>EPA
United States
Environmental Protection
Agency
Office of Water
(WH-556F)
503/9-91/009
September 1991
Report to Congress
On Ocean Dumping
1987 - 1990
Administration of Title I Of The Marine Protection, Research, And
Sanctuaries Act of 1972, As Amended (P.L. 92-532) For Years
1987-1990
Printed on Recycled Paper
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United States
Environmental Protection
Agency
Office of Water
(WH-556F)
EPA 503/9/90-007
August 1991
&EPA
Report to Congress
On Ocean Dumping
1987 - 1990
Administration of Title I Of The Marine Protection, Research, And
Sanctuaries Act of 1972, As Amended (P.L. 92-532) For Years
1987 - 1990
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Table of Contents
Table of Contents
Executive Summary[[[ ............. 1
About This Report -\
Highlights of Progress 7
Ocean Dumping Ban Act 2
Dredged Material Disposal 2
Incineration-at-Sea 3
Enforcement 3
For the Future 3
Chapter 1. Introduction [[[ 5
About This Report 5
Regulatory Background j
Permits j
General Permits 3
Special Permits 8
Emergency Permits Q
Interim Permits Q
Research Permits Q
Site Designation Q
Surveillance Q
Other Provisions 8
Chapter 2. London Dumping Convention[[[ 9
Background g
Consultative Meetings 70
LDC 11 "11
LDC 12 12
Chapter 3. Ocean Disposal of Dredged Material............... ............... 13
Management of Dredged Materials: The Process 13
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Table of Contents
Site Monitoring ^6
Enforcement ^6
Chapter 4. Ocean Disposal of Municipal Sewage Sludge 3O
Overview of Sludge Disposal Activities 30
Dedesignation of Ocean Dumping Sites 30
Resolution of NY/NJ Dumping Case 31
EPA Technical Transfer Efforts 31
Reports to Congress 35
Site Monitoring and Management 35
Ocean Dumping Workshop 35
EPA.NOAA, and USCG Joint Strategy -35
Discharge Rates 36
Surveillance and Enforcement Activities , 38
Permit Terms -38
ODSS 38
SMTS Program -38
Enforcement Actions -38
Chapter 5. Ocean Disposal of Industrial Wastes
and Other Materials 4O
Industrial Wastes ... :-40
Burning of Wood and Dumping of Construction Debris ...41
Incineration-at-Sea 41
Site Designation 41
LawSuits '. -. 42
Fish Wastes 42
Chapter 6. Monitoring Activities Conducted Aboard
The OSV PETER W.ANDERSON 43
About the OSV PETER W. ANDERSON ^3
Specifications and Equipment 43
Mission Highlights i 44
Management Decisions 48
Public Education Activities 49
Chapter 7. ERA'S Marine Protection Programs and Policy .50
EPA's National Coastal and Marine Policy 50
The National Estuary Program 51
Marine Debris Activities 51
Near Coastal Waters Program 51
Gulf of Mexico Program 52
Mid-Atlantic Bight Initiative 52
New York Bight Restoration Plan 53
Radiation Programs 53
Appendix A: Sites Dedesignated During the Years 1987 - FY 199O .54
Appendix B: References -55
Dedication: Thaddeus Allen Wastler, 1928 r 1990 . ....58
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Executive Summary
Executive Summary
MlimWi..-,*#
About This Report
This Report to Congress,
covering Calendar Year 1987
through Fiscal Year 1990,
summarizes the Environ-
mental Protection Agency's
(EPA) activities in carrying
out its responsibilities under
Title I of the Marine Protec-
tion, Research, and Sanctuar-
ies Act (MPRSA) and its 1988
amendment, the Ocean
Dumping Ban Act (ODBA).
ODBA makes the ocean
dumping of. industrial waste
and municipal sewage
sludge unlawful after
December 31,1991.
EPA's Office of Water (OW)
in conjunction with EPA
Regional Offices have
responsibilities under
MPRSA to regulate and
monitor ocean disposal of
municipal sewage sludge,
industrial waste, and
dredged materials as well as
incineration-at-sea. In
addition to administering
MPRSA and ODBA, OW:
Continued its participa-
tion in the work of the
London Dumping
Convention (LDC), the
international agreement
that addresses the
dumping of wastes into
the marine environ-
ment;
Continued monitoring
and public education
activities aboard the
Ocean Survey Vessel
PETER W.ANDER-
SON; and
Collaborated in pro-
grams with other
organizations involved
in marine protection.
Highlights of Progress
Significant activities during
this reporting period include
the following:
ODBA. Congress passed the
Ocean Dumping Ban Act and
the President signed it into
law in November 1988.
During this reporting period,
EPA has made major
progress in administering
ODBA.
Dredged Material Disposal
Sites. EPA has successfully
delegated responsibility for
the designation of disposal
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Executive Summary
sites to its Regional Offices.
In concert with the Corps of
Engineers (COE), EPA is also
developing revised regula-
tions and national guidance
for use by EPA's Regional
Offices and the COE's
District Offices.
Incinemtion-At-Sea Program.
EPA has suspended the
incineration-at-sea of indus-
trial wastes.
More specifically, the
following progress was made
during this reporting period:
Ocean Dumping Ban Act
In September 1988, dumping
of industrial wastes into the
ocean was stopped.
EPA and the States of New
York and New Jersey
successfully negotiated
enforcement agreements
with the nine sewerage
authorities in those two
states to end ocean dumping
of sewage sludge in August
1989. EPA, at the same time,
issued permits to control
dumping activities during
the phase-out period. As
required by ODBA, the
enforcement agreements
include schedules for
implementing interim and
final land-based alternatives
to ocean dumping, reporting
requirements for monitoring
implementation progress,
and provisions for payment
of ocean dumping fees and
penalties.
EPA continued to provide
technical assistance to the
sewerage authorities im-
pacted by ODBA. EPA
organized a roundtable
discussion in November 1989
that brought together
municipal sewerage officials
to discuss implementation of
land-based sludge manage-
ment alternatives. A second
meeting pursuing beneficial
uses of sewage sludge was
conducted in September
1990. Another is being
considered for Fiscal Year
1992.
EPA, the National Oceanic
and Atmospheric Adminis-
tration (NOAA), and the
United States Coast Guard
(USCG) held a workshop in
March 1989 in Ocean City,
New Jersey, to discuss
updating the existing
monitoring plan for the 106-
Mile Sewage Sludge Site and
to develop a strategy for
future research, monitoring,
and surveillance. In addition
to government officials,
scientists, fishermen, policy
experts, and representatives
of environmental interest
groups were in attendance.
Their findings and recom-
mendations were published
in the Proceedings of the
Ocean Dumping Workshop
106-Mile Site (EPA, 1989h).
EPA, NOAA, and the USCG
developed a joint strategy for
research, monitoring, and
surveillance of the remaining
dumping activities under
ODBA and, to define the role
each will play in this effort,
signed a Memorandum of
Understanding (MOU) in
April 1990. Research, moni-
toring, and surveillance
activities have been imple-
mented at the 106-mile site
under this MOU and a joint
research, monitoring and
surveillance plan was
published in December 1990
(EPA1990d).
USCG installed an Ocean
Dumping Surveillance
System (ODSS), known as
"the black box," aboard all
sludge barges as a deterrent
to illegal dumping.
In response to ODBA's
requirements, EPA submit-
ted the following Reports to
Congress in 1989 and 1990:
Progress in Stopping
Ocean Dumping Report to
Congress (EPA, 1989d)
Surveillance and Enforce-
ment of Sewage-Sludge
Dumping Report to
Congress (EPA, 1989g)
Ocean Disposal Monitor-
ing Programs in Response
to the Ocean Dumping
Ban Act Report to
Congress (EPA, 1990a)
Sludge Recycling Alterna-
tives Report to Congress
(EPA, 1990c)
Dredged Material Disposal
In December 1986, EPA
delegated responsibility for
designating disposal sites for
dredged material, fish
wastes, and woodburning to
its Regional offices to
enhance local coordination
and accelerate decision-
making. During the period
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Executive Summary
covered by this report, 34
dredged material sites
received final designation
and 10 were dedesignated.
EPA is currently developing
regulations and national
guidance for use by EPA
Regional offices and COE
District offices. These offices
are currently developing
MOUs to cover dredged
material disposal activities in
their areas. Specifically, the
following regulations and
guidance are being devel-
oped:
Regulations. Because scientific
advances have increased
understanding of the marine
environment, EPA is cur-
rently revising the ocean
dumping regulations. The
revisions governing ocean
dumping of dredged mate-
rial will incorporate program
and technical experience and
improve clarity and organi-
zation.
The Testing Manual. A revised
draft of the document
entitled "Evaluation of
Dredged Material Proposed
for Ocean Disposal - Testing
Manual" (formerly entitled
"Ecological Evaluation of
Proposed Discharge of
Dredged Material Into Ocean
Waters") was released for
public comment in April
1990. The criteria for ocean
disposal of dredged material
are established in the ocean
dumping regulations, which,
among other things, utilize
bioassay and
bioaccumulation testing in
determining the acceptability
of material for ocean dis-
posal. The testing manual
provides technical guidance
on the testing procedures to
be utilized and how to
interpret the results of the
tests conducted.
Other Guidance. EPA and
COE are developing three
other documents to provide
state-of-the-art guidance on
technical issues for managing
ocean disposal sites for
dredged materials. These
other documents include:
A comprehensive,
national management
strategy for all dredged
material disposal that
comes under the
authorities of MPRSA
and the Clean Water
Act;
A document which
describes the regulatory
requirements and
technical rationale for
site designation,
monitoring, and man-
agement; and
A third document
which describes permit-
ting regulations and
procedures.
Incineration-at-Sea
EPA suspended the incinera-
tion-at-sea program in
February 1988. The last
incineration site was
dedesignated on February 19,
1991. No other sites are
designated for incineration-
at-sea.
Enforcement
In July 1988, EPA issued
administrative complaints
against all nine municipal
sewage sludge dumpers for
violating sludge disposal
conditions. Various other
administrative complaints
were also lodged in 1989 and
1990 against individual
sewage sludge dumpers for
matters involving sludge
spills and permit violations.
In addition to its sewage
sludge enforcement activi-
ties, EPA issued an adminis-
trative complaint in 1988
against a port authority and
its dredging contractor for
improper disposal of
dredged material.
For the Future
In the future, EPA's ocean
dumping program will focus
on three primary areas:
Sewage Sludge Dis-
posal, Site Monitoring,
and Phase-Out Activi-
ties;
Dredged Material
Disposal, Site Designa-
tion and Monitoring;
and
Enforcement of MPRSA
and ODBA Laws and
Regulations.
Sewage Sludge Disposal, Site
Monitoring, and Phase-Out
Activities. EPA will continue
dose oversight of the sewage
sludge dumpers to ensure
that they meet conditions of
their permits, enforcement
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Executive Summary
agreements, and phase-out
schedules. Technical assis-
tance will be a key element in
efforts to help them implp-
ment alternative disposal
options. Monitoring surveys
at the 106-Mile Site will be
conducted to determine
potential nearfield and
farfield effects of sewage
sludge to see if modifications
to the specified dumping
rates or other permit condi-
tions are needed.
Dredged Material Disposal, Site
Designation and Monitoring. In
response to increasing public
concern about the potential
health and ecological risks
posed by contaminated
sediments, EPA will increase
oversight of dredged majte-
rial disposal operations. EPA
intends to propose revised
ocean dumping regulations
for dredged material in 1991
and will begin implementing
the revised testing manual.
The revision will contain
state-of-the-practice testing
procedures and technical
guidance for determining the
acceptability of dredged
material for ocean disposal
and is likely to be more
stringent than earlier proce-
dures.
Enforcement ofMPRSA. EPA
is acting to improve its
MPRSA enforcement capa-
bilities by developing a
comprehensive enforcement
strategy and action plan for
the MPRSA. This strategy
and action plan will be aimed
at improving the enforce-
ment program by:
Improving the enforce-
ability of permit terms
and conditions;
Enhancing interagency
enforcement coopera-
tion; developing public
education tools to
enhance compliance;
Implementing an
enforcement training
program for EPA
Regions and other
interested agencies; and
Improving detection
and identification of
violations.
Another area that EPA will
address is development of
long-term management
strategies (LTMS) for entire
estuarine and coastal sys-
tems. EPA and the Corps of
Engineers held a major
conference on LTMS in late
January 1991.
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Chapter 1. Introduction
Chapter 1. Introduction
About This Report
This report summarizes the
U.S. Environmental Protec-
tion Agency's (EPA) progress
from 1987 to 1990 in meeting
the requirements of Title I,
Marine Protection, Research,
and Sanctuaries Act
(MPRSA), commonly known
as the Ocean Dumping Act,
and its amendment, the
Ocean Dumping Ban Act
(ODBA). (See Exhibits 1 and
2.)
Data on the status of site
designations, volumes of
municipal sewage sludge
dumped, and numbers of
surveys conducted are also
provided.
The report is organized as
follows:
Chapter 1 - Introduction
Overview of MPRSA's
requirements and EPA's and
other Federal agencies'
responsibilities under
MPRSA.
Chapter 2 - London Dumping
Convention
The purpose of the London
Dumping Convention and its
relationship to MPRSA;
summary of the results of
Consultative Meetings.
Chapter 3 - Ocean Disposal of
Dredged Material
EPA's managing and
monitoring activities for
ocean disposal of dredged
material; the status of
dredged material site
designations for each EPA
coastal region.
Chapter 4 - Ocean Disposal of
Municipal Sewage Sludge
Current status of sewage
sludge disposal activities,
focusing on EPA's responsi-
bilities for implementing the
Ocean Dumping Ban Act.
Chapter 5 - Ocean Disposal of
Industrial Wastes and Other
Materials
Current status of ocean
disposal of industrial wastes
and materials such as wood
and fish waste; a summary of
EPA's incineration-at-sea
program.
Chapter 6 - Monitoring
Activities Conducted Aboard
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Chapter 1. Introduction
Exhibit 1
Major Legislative Provisions Under MPRSA
Statute Section
Section 101
Section 102
Section 103
Section 104
Section 107
I
Purpose
Prohibits, unless authorized by permit, (1) the transportation of material
from the U.S. for the purpose of ocean dumping, (2) the
transportation of material from any location for the purpose of ocean
dumping by U.S. flagged or registered vessels, and (3) the dumping of
material from a location outside the U.S. into the U.S. Territorial Seas
or into the Contiguous Zone if such dumping would affect the territorial
sea.
Authorizes EPA to designate sites for disposal of material, and to issue
permits for dumping of nondredged materials into ocean waters if the
materials will not "unreasonably degrade or endanger" public health
or the marine environment. Directs EPA to establish criteria to assure
that marine waters are protected and to allow for the review of permit
applications.
Authorizes Corps of Engineers to issue permits, subject to EPA review,
for dumping dredged materials into ocean waters, applying EPA's
environmental criteria to ensure action will not unreasonably degrade
or endanger human health or the marine environment. EPA has final
authority to determine whether a permit is in compliance with its
Section 102 criteria. Directs COE to utilize EPA designated sites, to
the extent possible, in selecting dumping locations.
Specifies conditions to be included in permits issued under the Act.
Authorizes EPA and Corps of Engineers to obtain the assistance of
other agencies, and instructs the Coast Guard to conduct
surveillance to prevent unlawful dumping.
Exhibit 2
MPRSA Changes Pursuant to ODBA
The Ocean Dumping Ban Act (ODBA) of 1988 added new requirements to the Marine Protection
Research, and Sanctuaries Act (MPRSA) as follows:
Section 1O4 B
(a)(1)(i)
(a)(1)(ii)
(*)(2)
(b)(1)
(d)(1)
Requirement
h)o person shall dump into ocean waters, or transport for the purpose of dumping
into ocean waters, sewage sludge or industrial waste unless such person enters
into a compliance or enforcement agreement and has obtained a permit under
Section 102 which authorizes such transportation. and dumping.
After 12/31/91, it shall be unlawful for any person to dump into ocean waters, or to
transport for the purposes of dumping into ocean waters, sewage sludge or
industrial waste.
Nlo permits shall be issued which authorize a person to dump into ocean waters, or
to transport for the purposes of dumping into ocean waters, sewage sludge or
industrial waste, unless that person was authorized by a permit issued under
Section 102 or by a court order to dump sewage sludge or industrial waste on
9/1/88.
Any person who dumps into ocean waters, or transports for the purpose of
dumping into ocean waters, sewage sludge or industrial waste, shall be liable for a
fee equal to $100/dry ton from the date of enactment and before 1/1/90; $150/dry
ton on or after 1/1/90 and before 1/1/91; $200/dry ton on or after 1/1/91 and
before 1/1/92.
Establishes civil penalties for missing the 12/31/91 dumping termination dates;
penalties shall be $600/dry ton in 1992; penalties paid after 1992 escalate yearly
and are calculated as the sum of the penalty/dry ton from the preceding year, plus
ten percent of such amount, plus an additional one percent of such amount for
each year beyond 12/31/91.
Other ODBA Requirements ihclude environmental monitoring in the vicinity of the 106-Mile Site and
preparation of Reports to Congress on monitoring and progress being made in stopping ocean dumping.
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Chapter 1. Introduction
The OSV PETER W. ANDER-
SON
Recent monitoring activities
conducted aboard EPA's
ocean survey vessel, the OSV
PETER W. ANDERSON.
Chapter 7 - EPA's Marine
Protection Programs and Policy
EPA's progress in imple-
menting its marine protec-
tion programs.
Regulatory
Background
Between 1972 to 1988,
MPRSA regulated the
transportation to and
dumping of materials into
the ocean. However, in
November 1988, Congress
amended MPRSA by passing
the Ocean Dumping Ban Act
(ODBA) that phases out the
dumping of municipal
sewage sludge and industrial
waste. (See Exhibits 1 and 2.)
Under ODBA, transporting
for the purpose of dumping
municipal sewage sludge or
industrial wastes into the
ocean became illegal as of
August 14,1989, unless the
dumper held an EPA permit.
In addition, ODBA required
the dumpers to enter into a
compliance or enforcement
agreement that includes
schedules to phase out their
dumping activities by
December 31,1991. After that
date, ocean dumping will be
unlawful. Any dumping that
occurs after 1991 will result
in financial penalties which
increase over time. Because
sewage sludge dumpers are
located in EPA's Region n,
the development of permit
terms and schedules for
dumping phase-out have
primarily been the responsi-
bility of the Region with
Headquarters assistance and
support.
When MPRSA was passed in
1972, it was the first law to
regulate dumping into the
ocean of materials that could
adversely affect human
health, the marine environ-
ment, or the economic
potential of the ocean. Its
authority covers the Territo-
rial Sea, which extends from
mean low water on the shore
out to 3 nautical miles (nmi),
the Contiguous Zone (3 to 12
nmi), and the open ocean
(beyond 12 nmi), and
regulates dumping of all
types of material, including
dredged materials, sewage
sludge, industrial wastes,
solid wastes, incinerator
residues, and low-level
radioactive wastes. MPRSA
further prohibits dumping of
high-level radioactive wastes;
biological, chemical, or
radiological warfare materi-
als. In November 1988, the
MPRSA was amended to add
medical wastes to the list of
prohibited materials.
EPA's Office of Marine and
Estuarine Protection (OMEP)
within the Office of Water
implements MPRSA by
carrying out permitting and
site designation activities:
Permits
Dumping at designated sites
requires a permit, and EPA
and COE share the permit-
ting authority. The COE is
responsible, subject to EPA
review, for permitting
disposal of dredged material.
EPA is responsible for
permitting dumping of all
other types of materials.
MPRSA prohibits EPA from
issuing permits for the
dumping of low-level
radioactive waste, unless
authorized by a joint resolu-
tion of Congress. High level
radioactive waste disposal is
absolutely prohibited.
MPRSA specifies that
permits may be issued upon
a determination that"...
dumping will not unreason-
ably degrade or endanger
human health, welfare, or
amenities, or the marine
environment, ecological
systems, or economic
potentialities." [Sections
102(a) and 103(a)].
EPA and COE evaluate
requests for permits to
determine compliance with
the Ocean Dumping Regula-
tions (40 CFR Parts 220-229).
In addition, MPRSA requires
public notice and an oppor-
tunity for a public hearing
prior to issuing a permit.
EPA does not issue permits
for ocean disposal of wastes
if a technically feasible
disposal alternative with less
overall environmental impact
is available. EPA and the
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Chapter 1. Introduction
COE periodically review the
permits they have issued and
revoke, suspend, or modify
them as necessary.
EPA issues five types of
permits: General, Special,
Emergency, Interim, and
Research.
General Permits
General permits issued by
EPA cover burial at sea,.
transportation and sinking of
target vessels by the United
States Navy, and transporta-
tion and disposal of scrap
vessels under certain speci-
fied conditions.
Special Permits
Special permits are issued to
dump materials that satisfy
the criteria stated in the
Ocean Dumping Regulations
(40 CFR Part 227). These
criteria require consideration
of the environmental effect of
the dumping operation; the
need for ocean dumping;
alternatives to ocean dump-
ing; and the effect of the
dumping on esthetic, recre-
ational, and economic uses of
the ocean. Special permits are
effective for a maximum of
three years.
Emergency Permits
Emergency permits are
issued to dump materials
that pose an imminent risk to
human health and for which
there is no other feasible
alternative. The last emer-
gency permit was issued in
1984.
Interim Permits
Interim permits are issued
for dumping of materials
when all the requirements for
a special permit are not met,
or for which only an interim
ocean disposal site has been
designated. Ocean Dumping
Regulations (40 CFR Part
220) list specific require-
ments. Interim permits
expire after a maximum of
one year. The only current
use of interim permits is to
control burning at the
Woodburning Site of wood
debris collected from the
New York Harbor area. EPA
continues to evaluate this
activity. Woodburning
activities are described
further in Chapter 5, Ocean
Disposal of Industrial Wastes
and Other Materials.
Research Permits
Research permits have been
issued in the past for dump-
ing industrial waste into the
ocean as part of a research
project; however, Section
1003 of the ODBA repeals the
MPRSA provision governing
these permits.
Site Designation
MPRSA authorizes the EPA
to recommend sites where
ocean dumping may be
permitted and, when neces-
sary to protect critical areas,
to designate sites where
certain materials may not be
dumped. This authority
includes designation of sites
for all types of materials. In
issuing permits for dredged
material disposal, the
MPRSA directs the United
States Army Corps of
Engineers (COE) to use the
EPA-designated sites to the
extent feasible.
Surveillance
The United States Coast
Guard (USCG) has responsi-
bility for surveillance to
prevent unlawful ocean
dumping, and EPA has
responsibility for assessing
penalties for violations. The
1988 amendments to
amended Section 105(a) of
MPRSA increased the
maximum allowable penalty
to $125,000 for violations of
the prohibition against
dumping of medical waste.
Other Provisions
Title E of MPRSA requires
that the National Oceanic
and Atmospheric Adminis-
tration (NOAA) and EPA
conduct a comprehensive
and continuing program of
research and monitoring to
determine the effects of the
dumping of materials into
ocean waters. Title HI gives
NOAA the authority to
establish marine sanctuaries.
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Chapter 2. London Dumping Convention
Chapter 2. London Dumping Convention
Background
MPRSA is the domestic
legislation for implementing
the provisions of the Con-
vention on the Prevention of
Marine Pollution by Dump-
ing of Wastes and Other
Matter, generally known as
the London Dumping
Convention (LDC). LDC is
the only global agreement
concerned solely with the
dumping of wastes into the
marine environment. It
requires its member nations,
known as the Contracting
Parties, to establish national
systems to control the
dumping at sea of wastes
and other matter. The
Convention was negotiated
in London in November
1972, and came into force on
August 30,1975, following
the required 15 ratifications
or accessions. Exhibit 3 lists
the LDC's 64 Contracting
Parties.
The United States is repre-
sented at the LDC by a
delegation appointed by the
Department of State, consist-
ing of a delegation head and
advisors on particular topics.
U.S. policy positions are
developed by an interagency
working group under
Department of State leader-
ship. MPRSA was amended
in 1974 and 1980 to imple-
ment the requirements of the
LDC.
Three annexes describe the
technical factors to be
considered when the Con-
tracting Parties make deci-
sions about permits.
The "Black List". Annex I
establishes a "black list"
of substances whose
dumping is prohibited
unless they are present
only as trace contami-
nants or would be
rapidly rendered
harmless in the marine
environment. These
substances are mercury,
cadmium, and their
compounds;
organohalogen com-
pounds such as DDT
and polychlorinated
biphenyls (PCB);
persistent plastics; and
crude oil and petroleum
byproducts. Dumping
of high-level radioactive
wastes and chemical
and biological warfare
agents is prohibited.
The "Grey List". Annex
II contains a category of
substances known as
the "grey list," which
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Chapter 2, London Dumping Convention
Exhibit 3
Contracting Parties to the
London Dumping Convetion
Afghanistan
Argentina
Australia
Belgium
Brazil
Byelorussia SSR
Canada
Cape Verde
Chile
China
Costa Rica
Cuba
Denmark
Dominican Republic
Federal Republic of Germany
Finland
France
Gabon
German Democratic Republic
Greece
Guatemala
Haiti
Honduras
Hungary
Iceland
Ireland
Italy
Ivory Coast
Japan
Jordan
Kenya
Kiribati
Libyan Arab Jamahiriya
Malta
Mexico
Monaco
Morocco
Nauru
The Netherlands
New Zealand
Nigeria
Norway
Oman
Panama
Papua New Guinea
Philippines
Poland
Portugal
Seychelles
Solomon Islands
South Africa
Spain
St. Lucia
Surinam
Sweden
Switzerland
Tunisia
Ukrainian SSR
United Arab Emirates
USSR
United Kingdom
United States of America
Yugoslavia
Zaire
require special permits
to regulate their dump-
ing. They include
arsenic, lead, copper,
zinc, and their com-
pounds; cyanides;
fluorides; organosilicon
compounds; pesticides
not covered in Annex I;
low-level radioactive
wastes; and containers
and other bulky wastes
that could present
serious obstacles to
fishing or navigation.
Other Substances. The
dumping of substances
not listed in Annexes I
and II requires a general
permit. Annex III sets
forth factors to consider
regarding material
characteristics and
composition, method of,
disposal, and dumping
site characteristics
before a permit may be
issued.
The LDC requires that each
Contracting Party take
appropriate steps to ensure
that the measures required to
implement the Convention
apply to any ships and
aircraft flying its flag and to
any vessels or aircraft
loading materials in its
territory for dumping in the
ocean. Periodic meetings and
participation by appropriate
international technical bodies
are designed to keep the
LDC up-to-date and realistic
in meeting the needs for
controlling ocean pollution
resulting from dumping.
Consultative Meetings
Consultative Meetings,
generally held at yearly
intervals, perform the work
of the Convention. Past
activities include the devel-
opment of procedures for
settling disputes; regulations,
and recommended technical
guidelines for control of
incineration-at-sea; the
International Atomic Energy
Agency (IAEA) definition of
high-level radioactive waste
prohibited from sea disposal
and recommendations for
disposal of other radioactive
wastes at sea; and interim
guidelines for implementing
Paragraphs 8 and 9 of Annex
I. These paragraphs refer to
the "rapidly rendered
harmless" and "trace con-
taminants" provisions.
When necessary, the Con-
vention establishes ad hoc
advisory groups to work on
specific subjects. These
include the Working Group
on Incineration-at-sea, the
Group of Legal Experts, the
Working Group on the
Annexes to the Convention,
and the Intergovernmental
Panel of Experts on Radioac-
tive Waste Disposal at Sea
10
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Chapter 2. London Dumping Convention
(IGPRAD). The Scientific
Group on Dumping (SGD), a
permanent subsidiary body,
provides expert evaluation of
technical and scientific issues.
The SGD typically meets six
months before LDC Consul-
tative Meetings.
Two Consultative Meetings
were held during this
reporting period: the Elev-
enth (LDC 11) and the
Twelfth (LDC 12).
LDC 11
LDC 11 was held October 3-
7,1988. The major subjects
discussed were (1) the
progress of the IGPRAD, (2)
the future status of incinera-
tion-at-sea of noxious liquid
wastes, (3) the progress in
reviewing the structure of the
Annexes to the Convention,
and (4) guidelines for the
removal and disposal of
offshore platforms and
structures.
IGPRAD, which was estab-
lished at LDC 10, met twice
before LDC 11. It evaluated
the results of a questionnaire
circulated to all Contracting
Parties and established two
working groups to consider
legal, political, social, eco-
nomic, technical, and scien-
tific issues related to low-
level radioactive waste
disposal at sea. Reports on
these issues were reviewed at
the second panel meeting,
and a timetable for resolving
the scientific and technical
issues was established.
The IAEA was asked to
examine the parallels
between the regulatory
approaches and environmen-
tal assessments for the
dumping at sea of both
radioactive and nonradioac-
tive wastes. The Agency
submitted a work plan for
this study to the Group of
Experts on the Scientific
Aspects of Marine Pollution
(GESAMP) to be completed
by 1993.
In addition, LDC 11 ad-
dressed the question of
whether incineration-at-sea
of liquid noxious wastes
should be banned globally.
The countries of the Oslo
Convention (which include
the nations of Belgium,
Denmark, Finland, France,
the Federal Republic of
Germany, Iceland, Ireland,
the Netherlands, Norway,
Portugal, Spain, Sweden and
the United Kingdom of Great
Britain and Northern Ireland)
plan to prohibit incineration-
at-sea of noxious liquid
wastes in the Northeastern
Atlantic Ocean, including the
North Sea, by the end of
1994, and some Contracting
Parties feel that this prohibi-
tion should be global. The
parties agreed that the
Secretariat should conduct a
study on the availability of
safer, more environmentally
acceptable land-based
alternatives and, based on
the study's findings, would
reconsider the plan at the
1992 Consultative Meeting.
The ad hoc group examining
alternative structures for the
Annexes reported to LDC 11
on the provisions presently
being considered. They
include overall approaches to
waste management and
hazard assessment. The
group will consider addi-
tional alternatives before it
presents a final recommenda-
tion to a future Consultative
Meeting.
The Maritime Safety Com-
mittee (MSC) of the Interna-
tional Convention for the
Prevention of Pollution from
Ships (MARPOL) developed
guidelines in April 1988 to
remove offshore platforms
and structures from the seas.
These had been forwarded to
the Secretariat so that
Contracting Parties could
ensure consistency with LDC
purposes. At LDC 11, the
Contracting Parties agreed
that the MSC guidelines were
acceptable as far as matters of
platform removal from an
existing location were
concerned. However, if there
is the possibility of ocean
disposal of a platform after
its physical removal, both
legal and technical issues
need to be addressed under
the LDC. The SGD was asked
to evaluate the technical
guidelines for ocean disposal
of platforms and structures,
and the Group of Legal
Experts was asked to con-
sider the legal questions and
report back at LDC 12.
11
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Chapter 2. London Dumping Convention
LDC12
IDC 12 was held October 31
- November 3,1989. As
requested at LDC11, the
guidelines for disposing of
offshore platforms and
facilities were evaluated by
the SGD. The meeting
accepted the work group's
conclusion that existing
Annex in guidelines are
sufficient to address the
environmental aspects of
disposal of platforms and
structures; however, they did
not resolve the question of
whether abandonment of
platforms, onsite toppling of
platforms, or placement of
platforms as artificial reefs
should be considered as
dumping. The attendees
decided to obtain further
information from the Conr
trading Parties and have the
results referred to the ad hoc
Group of Legal Experts for
continued evaluation.
Of the proposed two amend-
ments to the Annexes, one
passed and one was de-
feated. The passed amend-
ment to Annex DI called for
Contracting Parties, when
issuing permits, to consider
whether adequate scientific
information is available to
assess impacts to human
health and marine life. The
amendment to delete
organosilicon compounds
from the list of substances in
Annex n (the "grey list").
failed, despite conclusions
from a scientific work group
on the annexes that the
compounds will have no
adverse effects on the marine
environment.
The meeting discussed the
transport of hazardous
wastes across national
boundaries in light of results
from the Basel Convention
(officially known as the
Conference of Plenipotentia-
ries on the Global Conven-
tion of the Control of
Transboundary Movements
of Hazardous Wastes, held
March 20-22,1989, in Basel,
Switzerland). Members were
asked to submit comments
on documents about the
issue to the ad hoc Group of
Legal Experts at LDC 13.
Finally, the Contracting
Parties established a strategic
planning work group to
guide future LDC activity.
Some of the major issues
include considering the
expansion of the LDC to
address land-based sources
of marine pollution, defining
the LDC's role in overall
waste management, and
identifying cooperative
enforcement mechanisms. A
preliminary report will be
submitted at LDC 13, and a
revised report and recom-
mendations will be presented
at LDC 14.
12
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Chapter 3. Ocean Disposal of Dredged Material
Chapter 3.
Ocean Disposal of Dredged Material
Management of
Dredged Materials:
The Process
Over 90 percent of the total
volume of material the U.S.
dumps in the ocean consists
of sediment dredged from
harbors and channels (EPA,
1989a). Permits for ocean
disposal of dredged material
are issued by the Corps of
Engineers (COE) after an
EPA review for compliance
with the ocean dumping
regulations. Dredged
material is dumped at sites
designated by EPA. EPA and
the COE share responsibility
for monitoring to ensure that
permit conditions are met
and that the marine environ-
ment is protected.
New Regulations
Because scientific advances
have increased understand-
ing of the marine environ-
ment, EPA is currently
revising the ocean dumping
regulations. The revisions
governing ocean dumping of
dredged material will reflect
the verdict in NWF v. Costie,
629 F.2d 118 (D.C. Cir., 1980),
incorporate program and
technical experience, and
improve clarity and organi-
zation. EPA anticipates
proposing the revised
regulations in late 1991. EPA
will also reorganize and
correct technical and typo-
graphical errors in the list of
ocean dumping sites printed
in the ocean dumping
regulations. This improve-
ment would facilitate easy
identification of designated
sites and eliminate those sites
that are expired or unneeded.
EPA anticipates publishing
this proposal in the Fall of
1991.
Guidance Documents
EPA and COE are develop-
ing four documents jointly to
provide state-of-the-art
guidance on technical issues
for managing ocean disposal
of dredged materials. Their
descriptions follow:
(1) Evaluation of Dredged
Material Proposed for Ocean
Disposal Testing Manual. A
revised draft of the dredged
material testing manual was
released for public comment
in April 1990 (EPA/COE
To
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Chapters. Ocean Disposal of Dredged Material
1990). The criteria for deter-
mining the acceptability of
material for ocean disposal of
dredged material are estab-
lished in the ocean dumping
regulations, which, among
other things, require bioassay
and bioaccumulation testing.
The regulations include the
use of:
Water quality criteria;
Results of acute bioas-
say tests; and
Bioaccumulation
testing.
The testing manual provides
technical guidance on the
testing procedures to be
utilized and how to interpret
the results of the tests. EPA
and the COE intend to
publish the final draft
document as an interim
manual in 1991. It will
undergo further review and
revision at the time the ocean
dumping regulations are
revised.
The revised testing manual
will utilize a tiered testing
approach which is comprised
of four levels of increasing
investigative intensity. This
will generate the technical
information necessary to
evaluate compliance with the
ocean dumping criteria. The
four tiers used in the manual
are as follows:
Tier 1. Use of Existing Informa-
tion. Review existing sources
of information to (1) identify
contaminants of concern, (2)
determine if the available
data show that the regulatory
testing criteria are met (i.ev
water quality criteria, acute
toxicity, bioaccumulation),
and (3) determine if addi-
tional testing in higher tiers is
needed.
Tier 2. Use of Chemistry Data.
Evaluate chemistry data to
determine potential for water
column and deposited
sediment impacts; determine
the need for additional water
column testing by applying a
mathematical dispersion
model; and calculate the
maximum potential
bioaccumulation of organic
contaminants in marine
organisms.
Tier 3. Use of Acute Toxicity
and Bioaccumulation Tests.
Conduct acute toxicity tests
to determine the toxicity of
the dissolved and suspended
contaminants to organisms in
the water column (after
initial mixing); and conduct
bioassays to determine
toxicity and bioaccumulation
potential of the dredged
material to benthic marine
organisms.
Tier 4. Use of Long-Term
Toxicity and Bioaccumulation
Tests. Conduct case-specific
water column and benthic
tests to determine long-term
effects on marine organism
survival and reproduction or
bioaccumulation.
The objective of the tiered
approach is to eliminate
unnecessary testing and
thereby make cost-effective
decisions. For example, if a
dredged material has an
obvious detrimental environ-
mental impact, information
collected in Tiers 1 and 2 may
be sufficient to determine
that dredged materials are
not acceptable for ocean
disposal. If there is inad-
equate information about a
dredged material and its
potential for impact is not
clear, then more extensive
testing should be conducted
under Tier 3. Not all dredged
materials may need to be
evaluated through all four
tiers. It is necessary only to
proceed through the tiers
until enough information is
collected to determine
whether disposal of the
material will comply with the
ocean dumping regulations.
The revised manual presents
improvements in chemical
methods and refined labora-
tory procedures for water
column and sediment
toxicity tests, including the
use of more sensitive marine
organisms for testing. EPA
and the COE believe it will
be more effective in assessing
the potential impacts of
ocean disposal of dredged
material than the first
manual issued in 1977. The
Agency is also in the process
of developing additional
technical procedures which
may be used to evaluate
proposed ocean disposal of
dredged material. At present,
only acute toxicity tests are
available for use, and the
Agency is in the process of
developing chronic toxicity
tests to better evaluate the
potential for sub-lethal
14
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Chapter 3. Ocean Disposal of Dredged Material
effects. In addition, the
Agency is developing
pollutant-specific sediment
quality criteria which may
prove to be useful in evaluat-
ing dredged material. Once
these new procedures are
sufficiently developed to be
available for use in a regula-
tory program, the Agency
will update and revise the
dredged material testing
manual to appropriately
utilize the chronic toxicity
tests and the sediment
quality criteria.
(2) Dredged Material Disposal:
National Management Strategy
Document. This document,
currently in preparation, will
present a comprehensive,
national management
strategy for all dredged
material disposal that comes
under the authorities of
MPRSA and the Clean Water
Act. Its objective is to allow
decisions about disposal of a
dredged material to be made
so that one environment (e.g.,
an estuary) is not adversely
affected for the sake of
protecting another (e.g., the
ocean).
(3) Site Designation, Monitor-
ing, and Management Docu-
ment/or Ocean Disposal of
Dredged Material. This
document, currently in
preparation and expected to
be completed in 1991, will
describe the regulatory
requirements and technical
rationale for site designation,
monitoring, and manage-
ment. EPA is adopting a
tiered approach for all
monitoring plans for ocean
dumping at designated sites.
The document is intended for
use by personnel at EPA
Regional offices and COE
District offices. It contains
technical guidance about:
How to evaluate the
need for site designa-
tion;
How to select sites;
How to develop plans
for sampling and
analysis;
How to monitor a site;
and
How to use monitoring
results to evaluate and
decide site management
options.
(4) Dredged Material Ocean
Dumping Permit/Project
Review Manual. This docu-
ment, currently being
prepared by EPA and the
COE, describes permitting
regulations and procedures.
It is intended for EPA
Regional and COE District
staff and permit applicants.
Site Designation
Criteria
The goal in designating sites
and issuing permits is to
match the type of material
dumped with the appropri-
ate site, to minimize adverse
environmental impacts, and
ensure that disposing the
material does not interfere
with other uses of the marine
environment. The choice of
sites for ocean disposal is
based on criteria listed in the
ocean dumping regulations.
These include criteria for
locating areas to reduce the
potential for effects of
disposal on marine resources,
commercial or recreational
navigation, and the environ-
ment. Specific criteria to be
applied to a designation
include, but are not limited
to, identifying where the site
is located, the feasibility of
monitoring or surveillance,
possibility of interference
with legitimate uses of the
ocean, and the effects of
current and previous dump-
ing, including cumulative
effects.
Designation Process
The following is a brief
overview of the site designa-
tion process for dredged
material:
The COE requests a site
designation from EPA;
EPA conducts a thor-
ough environmental
review, then prepares a
draft environmental
impact statement (EIS);
EPA issues the draft EIS
for review by the public
and appropriate local,
state, and Federal
agencies;
EPA publishes in the
Federal Register its
proposed regulation to
establish an ocean
disposal site; and
After incorporating all
applicable comments
15
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Chapters. Ocean Disposal of Dredged Material
into a final EIS, EPA
publishes a final
regulation in the Federal
Register to designate the
site.
Performing scientific analy-
ses and environmental
assessments necessary to
designate a site can take
several years. If sites are not
available for disposal of ;
dredged materials, widening,
deepening, and maintenance
dredging projects can be j
delayed. EPA and the COE,
therefore, set priorities,
deciding which sites should
be designated before others,
in an attempt to minimize
adverse impacts on local'
economies.
Site Lists
In the regulations for ocean
dumping, sites are separated
into two categories: interim
and approved. The interim
category, containing those
identified as historically-used
sites, may be used pending
completion of baseline or
trend assessment surveys
and designation. The ap-
proved category are sites
approved for use based bn
the results of environmental
review. Where necessary, the
site designation can limit use
to material from one project
or permit, restrict particle
size, or set specific time
limits.
Site Designation
Status
Currently 110 dredged
material disposal sites are
16
designated under MPRSA.
As of December 31,1990,52
sites are designated as final
sites, 18 are proposed for
final designation, and 40 still
have interim site status.
Exhibit 4 shows the status of
all sites for ocean dumping of
dredged material.
During 1987-1990,34
dredged material sites
received final designation
and 10 were dedesignated.
Exhibits 5A and B through
11A and B show the dredged
material disposal sites under
the authority of EPA Regions
I,n,m,IV,VI,IX,andX.
Each exhibit contains a table,
indicating the site name and
its current designation and
status, and a map, showing
the location of each site. Site
designation and status are
listed as interim, final, or
currently subject to proposed
final rule-making to desig-
nate or dedesignate the site.
EPA and Corps of
Engineers MOUs
On December 23,1986, EPA
Headquarters delegated
responsibility to its Regional
offices for the designation of
ocean dumping sites for
dredged material, for fish
waste requiring a permit, and
for woodburning in Region
n. As a result, site designa-
tion has been accelerated,
and local coordination has
been enhanced. To identify
tasks within the process and
thereby avoid duplication of
effort, EPA and COE signed
a National Memorandum of
Understanding (MOU) in
July 1987. EPA Regional
offices and local COE District
offices are currently develop-
ing individual MOUs. The
local MOUs provide a
mechanism to complete the
designations for the remain-
ing interim sites and to
establish regional site
management and monitoring
plans. At the end of this
reporting period, five of the
seven EPA coastal Regional
offices and their counterpart
COE District offices have
signed MOUs.
Site Monitoring
During this reporting period,
EPA conducted surveys at 27
of the 110 dump sites.
Monitoring information is
used to verify that permit
conditions are met and to
determine if the conditions
set by the permit are suffi-
cient to prevent adverse
impacts. For specific regional
dredged material disposal
sites, see Exhibits 5A and B
through 11A and B. Monitor-
ing dumpsites used by
multiple permittees is
especially important in
determining whether the
cumulative impacts are
acceptable. (See Exhibit 12).
Enforcement
During this initial dredging
under Phase 1 of the Oakland
project, EPA and the Corps
of Engineers investigated
allegations that the dredger
was excavating sediment
outside the Federal Channel
in an area that was not
-------
Chapter 3. Ocean Disposal of Dredged Material
authorized for dredging. On
June 1,19887 EPA Region DC
issued administrative penalty
complaints for violation of
the MPRSA Section 103
permit against the Port of
Oakland and Great Lakes
Dredge and Dock Company
for the amounts of $272,000
and $215,000, respectively. A
hearing before an Adminis-
trative Law Judge was held
during March and April of
1989; the post-trial brief was
submitted in September 1989;
and the rebuttal brief was
submitted in December 1989.
The administrative Law
Judge has not yet issued his
ruling in the case.
Exhibit 4
Summary of U.S. Dredged Material Sites as of September 30,1990
Region
I
II
III
IV
VI
IX
X
TOTAL
SITES
Numbeir of Sites
Final
Designation
Completed
1
14
1
14
19
6
12
67
Final
Designation
Proposed
0
0
0
3*
0
3**
1
7
Remaining
Interim
Designation
4
0
0
11
8
5
7
35
Dedesignated
0
0
0
0
0
0
1
1
TOTAL
5
14
1
28
27
14
21
110
During the 1987-FY1990 reporting period, Region IV dedesignated 10 sites, all
located off the coast of Florida: two sites at Cedar Keys; one site each in St. Lucie
Inlet, Largo Sound, Anclote, Pithlachascotee, Withlacoochee, and Horseshoe Cove,
St. Augustine, and Ponce de Leon Inlet.
* One site proposed for dedesignation (Key West), Two sites proposed for
designation (Canaveral and Pascagoula)
** One site proposed for designation (LA4 Point Loma), Two sites proposed for
dedesignation (LA2 Long Beach and LAS San Diego (100 fathom))
17
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Chapters. Ocean Disposal of Dredged Material
Exhibit SA
Region I Dredged Material Disposal Sites
as bf September 30,1990
Site Designation and Status
Portland, ME
Cape Arundel, ME
Massachusetts Bay, MA
Newburyport, MA
Boston, MA
Designated on a final basis
Interim site
Interim site
[Formerly the
Marblehead Site]
Interim site
Interim site
Exhibit SB
Location of Region I Dredged Material
Disposal Sites
Portland
' .'.If* Caps Arundel
:>^ĞL * Newburyport
^
18
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Chapter 3. Ocean Disposal of Dredged Material
Exhibit 6B
Location of Region II Dredged
Material Disposal Sites
Exhibit 6A
Region II Dredged Material Disposal Sites
as of September 30, 1990
Rockaway Inlet
Shark River Inlet"
Site Designation and Status
Fire Island Inlet, NY
Jones Island Inlet, NY
East Rockaway Inlet, NY
Rockaway Inlet, NY
Shark River Inlet, NY
Manasquan Inlet, NY
Absecon Inlet, NJ
Cold Spring Inlet, NJ
Mud Dump Site, NY
Yabucoa Harbor, PR
Ponce Harbor, PR
Mayaguez Harbor, PR
Arecibo, PR
San Juan, PR
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
East Rockaway Inlet-
Jones Island Inlet
Fire Island Inlet
Mud Dump Site
Manasquan Inlet
fm Absecon Inlet
Cold Spring Inlet
Arecibo San Juan
Mayaguez §£'. PR
Ponce
Yabucoa
19
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Chapters. Ocean Disposal of Dredged Material
Exhibit 7A
Region III Dredged Material Disposal Sites
as of September 30,1990
Site Designation and Status
Dam Neck, VA
Designated on a final basis
Exhibit 7B
Location of Regon III Dredged Material
Disposal Sites
Washington, D.C. ';£
ĞAĞDam Neck
20
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Chapter 3. Ocean Disposal of Dredged Material
Exhibit 8A
Region IV Dredged Material Disposal Sites as of September 30,1990
Site Designation and Status
Morehead City, NC
Wilmington, NC
Georgetown, SC
Charleston, SC
Charleston Harbor Deepening
Project, SC
Port Royal (North), SC
Port Royal (South), SC
Savannah, GA
Brunswick, GA
Fernandina Beach, FL
Jacksonville, FL
Canaveral Harbor, FL
Fort Pierce Harbor, FL
Palm Beach Harbor (East), FL
Palm Beach Harbor (West), FL
Port Everglades, FL
Miami Beach, FL
Key West, FL
Charlotte Harbor, FL
Tampa Site 4, FL
Port St. Joe (North), FL
Port St. Joe (South), FL
Panama City, FL
Pensacola, FL (Offshore Site)
Pensacola, FL (Nearshore Site)
Mobile, AL
Pascagoula, MS
Gulfport, MS (East)
Gulfport, MS (West)
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Interim site
Interim site
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Subject to proposed rulemaking to
designate on a final basis
Interim site
Interim site
Interim site
Interim site
Interim sites
Subject to proposed rulemaking to
dedesignate
Interim site
Final designation expired;
considered for redesignation in a
pending EIS
Interim site
Interim site
'nterim site
Designated on a final basis
Designated on a final basis
Designated on a final basis
Subject to proposed rulemaking to
designate on a final basis
Designated on a final basis
Designated on a final basis
21
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Chapters. Ocean Disposal of Dredged Material
Exhibit 8B
Location of Region IV Dredged Material Disposal Sites
. Morehead City
Wilmington
>- Port Royal
Savannah
Brunswick
Fernandina Beach
Jacksonville
Canaveral Harbor
Tampa
Site 4
Char|eston
Charleston Harbor
Deepening
Project
Qutfport, East
Guifport, West-
Pascagoula
Mobile
Pensacola
Pensacola,
Offshore
Panama
City
Port St. Joe North
Port St. Joe South
:vj\ Fort Pierce Harbor
FL '.'&
''.$ Palm Beach Harbor
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Chapters. Ocean Disposal of Dredged Material
Exhibit 9A
Region VI Dredged Material Disposal Sites as of September 30,1990
Site Designation and Status
Mississippi River (Gulf Outlet, LA)
Mississippi River (South Pass, LA)
Mississippi River (Southwest Pass, LA)
Empire, LA
Tiger Pass, LA (Venice)
Barataria Bay, LA
Bayou Lafourche, LA
Houma Navigation Canal, LA
Atchafalaya, LA
Freshwater Bayou, LA
Mermentau River Area A, LA
Mermentau River Area B, LA
Calcasieu River and Pass, Area 1 , LA
Calcasieu River and Pass, Area 2, LA
Calcasieu River and Pass, Area 3, LA
Sabine-Neches Site 1 , TX
Sabine-Neches Site 2, TX
Sabine-Neches Site 3, TX
Sabine-Neches Site 4, TX
Galveston, TX
Freeport Harbor, TX (45-ft Project
New Work)
Freeport Harbor, TX (45-ft Project
Maintenance)
Corpus Christ! Ship Channel, TX
Port Aransas, TX (Homeport)
Matagorda Ship Channel, TX
Port Mansfield Channel, TX
Brazos Island Harbor, TX
Designated on a final basis
Interim site
Designated on a final basis
Interim site
Interim site
Designated on a final basis
Interim site
Designated on a final basis
Interim site
Interim site
Interim site
Interim site
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
23
-------
Chapters. Ocean Disposal of Dredged Material
Exhibit 90
Location of Region VI Dredged Material
Disposal Sites
vFreeport Harbor
C 45-ft. Project
Freeport Harbor
Matagorda
..ğ Ship Channel
y \ Homeport Project
Corpus Christ!
* Port Mansfield
Mississippi River Gulf Outlet
i Brazos Island
Harbor
Empire
Mississippi River South Pass
*
Mississippi River Southwest Pass
Tiger Pass
Barataria Bay
Bayou Lafourche
Houma
Atchafalaya
Freshwater Bayou
Mermentau River
Calcasieu River
Sabine-Neches
24
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Chapter 3. Ocean Disposal of Dredged Material
Exhibit 10A
Region IX Dredged Material Disposal Sites as of September 30,1990
Site Designation and Status
Crescent City, CA
Humboldt Entrance Channel (SF-3),
CA
Noyo River, CA
San Francisco Channel Bar, CA
Port Hueneme, CA
LA 2, CA (Long Beach)
Newport Beach, CA
LA 4, CA (Point Loma)
LA 5, CA (San Diego 100-Fathom Site)
Nawiliwili, HI
Port Allen, HI
South Oahu, HI
Kahului, HI
Hilo, HI
Guam-Apra Harbor
Interim site
Interim designation expired [EPA
anticipates future rulemaking to
designate a replacement site.]
Interim site
Designated on a final basis
Interim site
Interim designation expired; subject
to proposed rulemaking to designate
on a final basis
Interim site
Interim designation expired; subject
to proposed rulemaking to
dedesignate
Interim designation expired; subject
to proposed rulemaking to designate
on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Interim site
25
-------
Chapters. Ocean Disposal of Dredged Material
Exhibit 1OB
Location of Region IX Dredged Material
Disposal Sites
Crescent City
Humboldt Entrance fjf'.'
Channel
Noyo River !£.;;
San Francisco^?:.
Channel Bar "
? Nawiliwili
1 Port Allen
South Oahu
HI
Port Hueneme* -s^c
Long Beach ^S£
Newport Beach -^.Sv .
.'* *
$*'
1 A ...
Hilo
Point Loma * \J&-.
San Diego'
100-Fathom
26
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Chapter 3. Ocean Disposal of Dredged Material
Exhibit 11A
Region X Dredged Material Dispoal Sites as of September 30,1990
Site Designation and Status
Nome, AK (East Site)
Nome, AK (West Site)
Grays Harbor, WA (Southwest
Navigation Site)
Grays Harbor, WA (Eight Mile Site)
Willapa Bay, WA
Mouth of the Columbia River (Site A)
Mouth of the Columbia River (Site B)
Mouth of the Columbia River (Site E)
Mouth of the Columbia River (Site F)
Tillamook Bay, OR
Yaquina Bay, OR
Siuslaw River Entrance, OR
Umpqua River Entrance, OR
Coos Bay (Site E), OR
Coos Bay (Site F), OR
Coos Bay (Site H), OR
Coquille River Entrance, OR
Port Orford, OR
Rogue River Entrance, OR
Chetco River Entrance, OR
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Interim site
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Interim site
Interim site
Interim site
Interim site
Designated on a final basis
Designated on a final basis
Designated on a final basis
Designated on a final basis
Interim site
Interim site
Subject to proposed
rulemaking to designate on a
final basis
27
-------
Chapters. Ocean Disposal of Dredged Material
Nome*
Exhibit 11B
Location of Region X Dredged Material
Disposal Sites
Grays Harbor (Southwest)^
Grays Harbor (8-Mile Site)
Willapa Bay
Mouth of Columbia River
Tillamook Bay
' Seattle
Yaquina Bay Jv-i. .' '
Siuslaw River Jt;/''
Umpqua River 0/T=V;'"-: ''
Coos Bay
Coquille River
Port Orford
Rogue River \./,..
Chetco River
WA
OR
-------
Chapters. Ocean Disposal of Dredged Material
Exhibit 12
Summary of EPA's Monitoring Activities at Dredged Material Disposal Sites
Number of Surveys
Region
I
II
III
IV
VI
IX
X
Number of
Sites
3
14
1
29
28
15
20
Number of
Sites Visited9
1
Ib
2c
14
1
1
7
1987
0
0
3
16
0
0
0
1988
0
0
4
14
1
0
3
1989
1
1
4
6
0
1
4d
1990
3
0
0
5
0
3
4
a Number of sites in Region visited between 1987-FY1990.
10 Single Region II site listed was a survey to the candidate sites for the alternate Mud Dump.
c Second Region III site listed was a survey to a candidate site off Norfolk, VA.
" Two sites not included in this tally were interim sites in December 1989 (see Exhibit 4, p. 17).
These sites now have Section 404 status, and thus are no longer regulated under MPRSA.
They are not shown on Exhibit 10B, p.26.
-------
Chapter4. Ocean Disposal of Municipal Sewage Sludge
Chapter 4. Ocean Disposal
of Municipal Sewage Sludge
Overview of Sludge
Disposal Activities
In 1987, over 8.4 million wet
tons of sludge were dumped
in the ocean: 47 percent at the
former 12-Mile Sewage
Sludge Dump Site (12-Mile
Site) and 53 percent at the
106-Mile Deepwater Munici-
pal Sludge Dump Site
(DMSDS or 106-Mile Site),
The former 12-Mile Site,
located in the New York
Bight Apex, 12 nautical miles
from Sandy Hook, New
30
Jersey, was used for disposal
of municipal sewage sludge
from 1924-1987. Exhibit 13
shows the location of the 12-
Mile Site and the 106-Mile
Deepwater Municipal Sludge
Dump Site. Exhibit 14 lists
the nine sewerage authorities
ocean dumping sewage
sludge and the quantities
each dumped from 1987
through 1990. Exhibit 15
shows the volumes of
sewage sludge and other
wastes dumped in U.S.
waters from 1973 to. 1989.
The 106-Mile Site, located
approximately 120 nautical
miles southeast of Ambrose
Light, New York, and 115
nautical miles from Atlantic
City, New Jersey, was
designated in 1984 (see
Exhibit 13). Subsequently, in
April 1985, EPA denied
requests from the dumpers,
for re-designation of the 12-
mile site. Thereafter, the
Agency and the sludge
dumpers negotiated a phase-
out of dumping at the 12-
Mile Site. Sewage sludge
dumping began at the 106-
Mile Site in March 1986 and
use of the 12-Mile Site was
phased out in December
1987.
Although the number of
municipal sewage sludge
dumpers has decreased since
the passage of MPRSA, the
volume of sludge dumped
increased annually from 1973
to 1988, primarily due to the
upgrading of wastewater
treatment plants and an
increase in service area
population (see Exhibit 14).
Dedesignation of
Ocean Dumping Sites
During the reporting period
1987 through 1990, EPA has
taken action to dedesignate
-------
Chapter 4. Ocean Disposal of Municipal Sewage Sfutige
or remove expired, un-
needed, or terminated sites.
This dedesignation activity,
as specified in the Federal
Register 55 FR 3688, resulted
in three former sewage
sludge sites being removed
from the list. Two of the
sewage sludge sites were in
the New York Bight and one
was off the coast of Delaware
and Maryland. Appendix A
lists the sites dedesignated
during this reporting period.
Resolution of NY/NJ
Dumping Case
In August 1989, EPA success-
fully completed negotiations
for judicial consent decrees
and enforcement agreements
with nine New York and
New Jersey municipal
sewerage authorities as
required by ODBA. The
municipal authorities have
developed schedules for
phasing out their ocean
dumping, which EPA and
the two states have accepted.
This concluded nine years of
ocean dumping by these
communities under a court
order, without EPA permits.
The history of the New
York/New Jersey communi-
ties' ocean dumping predates
EPA's existence by almost 50
years. Highlights are as
follows:
In 1924, New York City began
dumping Us municipal sewage
sludge 12 nmi outside New
York Harbor, now known as the
12-Mile Site. During the next
five decades, numerous
communities in the New
York/New Jersey area
dumped their sewage sludge
at this site until, at one point,
200 communities were using
the site.
From 1973 until 1981, EPA
issued MPRSA permits for
dumping at the 12-Mile Site,
first under an interim, then a
final site designation. The
permits expired in December
1981. At that time, only nine
municipal sewerage authori-
ties held permits which EPA
declined to renew. The
dumpers sued EPA over its
refusal to renew the permits
and won court orders to
continue dumping. As a
result, from December 31,
1981, through August 14,
1989, the nine NY/NJ
communities continued to
dump their sewage sludge at
the 12-Mile Site and, after
1987, at the 106-Mile Site,
under court orders.
EPA was negotiating new
permits with the nine municipal
sewerage authorities under
MPRSA, including assess-
ment of land-based sludge
management alternatives,
when ODBA became law,
and negotiations shifted to
meet its requirements. These
were satisfactorily completed
August 14,1989.
According to their enforce-
ment agreements, the New
York/New Jersey sewerage
authorities will adhere to the
following schedules:
The six New Jersey
authorities stopped
ocean disposal by
March 17,1991, in
accordance with state
law.
The Nassau County
Department of Public
Works and the
Westchester County
Department of Environ-
mental Facilities plan to
stop ocean disposal by
December 31,1991.
The New York City
Department of Environ-
mental Protection plans
to phase-out ocean
disposal by June 30,
1992, with initial phase-
out of 20 percent by
December 31,1991. The
phase-out date for New
York City reflects the
amount of construction
needed for dewatering
facilities.
As required by ODBA, the
schedules contain key
milestone dates for imple-
menting alternatives to ocean
dumping. These include
interim disposal measures as
necessary, reporting require-
ments for monitoring
implementation progress,
and provisions for payment
of ocean dumping fees and
penalties. In addition, the
sewerage authorities agreed
to pay stipulated penalties
for violations of their agree-
ments.
EPA Technical
Transfer Efforts
EPA is providing technical
transfer opportunities to
assist the New York and
31
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Chapter4. Ocean Disposal of Municipal Sewage Sludge
Exhibit 13
Locations of the 12-Mile Site and the 106-Mile Deepwater Municipal Sludge Dump Site
*>:&$ New Jersey
2000m
106-Mile Deepwater
Municipal Sludge
Dump Site
ATLANTIC OCEAN
32
-------
Chapter 4. Ocean Disposal of Municipal Sewage Sfedge
Exhibit 14
Sewage Sludge Dumped 1987 - FY 1990
Quantities in Thousand Wet Tons
Sewerage Authorities
Bergen County
Utilities Authority, NJ
Joint Meeting of Essex and
Union Counties, NJ
Linden Roselle
Sewerage Authority, NJ
Middlesex County
Utilities Authority, NJ
Nassau County Department of
Public Works, NY
New York City Department of
Environmental Protection, NY
Passaic Valley Sewerage
Commissioners, NJ
Rahway Valley
Sewerage Authority, NJ
Westchester County Department of
Environmental Facilities, NY
1987a
12-Mile
Site
424
190
70
809
0
1913
503
69
0
1987a
106-Mile
Site
183
76
24
174
811
1947
709
29
494
1988
106-Mile
Site
423
308
74
997
873
4041
1355
129
544
1989
106-Mile
Site
299
226
48
1005
897
3952
1622
130
490
FY199O
106-Mile
Site
294
248
90
1300
917
4600
1840
139
480
TOTALS 3978 4447 8744 8669 9908
a Sludge disposal at the 12-Mile Site ended on December 31 , 1987.
33
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Chapter 4. Ocean Disposal of Municipal Sewage Sludge
Exhibit 15
Volumes of Sewage Sludge and Other Wastes Dumped in U.S. Waters 1973 -1989
Sewage Sludge
Other
Wastes
9
1973 1974 1975 1976 1977 1978 1979 1980 1981 1982-1983 1984 1985 1986 1987 1988 1989
Year
For the purpose of this graphic, "Other Wastes " refers to industrial waste, fish waste, construction debris, and wood.
Dumping of industrial waste ceased in 1988.
34
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Chapter4. Ocean Disposal of Municipal Sewage Sfudge
New Jersey sewerage
authorities affected by
ODBA. In November 1989,
EPA hosted a two-day
roundtable meeting on
implementing land-based
alternatives. Officials from
sewerage authorities that had
already made the transition
from ocean to land disposal
shared their experiences with
those from New York and
New Jersey. The proceedings
of this meeting are included
in the EPA Sludge Recycling
Alternatives Report to
Congress (EPA, 1989d).
In September 1990, EPA
hosted a second meeting to
assist the New York and
New Jersey sewage authori-
ties. The two major themes
for the meeting were remov-
ing barriers to beneficial use
projects (e.g., understanding
perceived risks, and improv-
ing communication with the
public) and implementing
beneficial use projects (e.g.,
selecting a beneficial use
technology, and developing
markets for sludge products).
The conference was designed
to provide information for
sewerage authorities,
environmental groups,
financial institutions, consult-
ing engineers, and other
interested parties. At the
conclusion of the meeting,
considerable interest was
shown in holding a third
meeting in late 1991 to
provide a status report on the
land-based sludge manage-
ment plans. The meeting,
"Pursuing Beneficial Users of
Sludge", was designed to
promote the beneficial use of
municipal sewage sludge.
Reports to Congress
EPA released its first annual
report, Progress in Stopping
Ocean Dumping (EPA,
1989e), in December 1989. It
describes the progress the
sewerage authorities have
made in selecting interim
and long-term land-based
sludge-management alterna-
tives. In 1990, EPA also
published the following
Reports to Congress, as
required by ODBA:
Surveillance and
Enforcement of Sewage
Sludge Dumping
(EPA, 19890;
Ocean Disposal Moni-
toring Programs in
Response to the Ocean
Dumping Ban Act
(EPA, 1990a-c); and
Sludge Recycling
Alternatives (EPA,
1989d).
Site Monitoring
and Management
Since dumping began at the
106-Mile Site, EPA has
implemented a monitoring
plan (EPA, 1988g). The plan
addressed compliance with
disposal requirements and
the fate and effects of sludge
dumped at the 106-Mile Site.
EPA's monitoring plan
considers the characteristics
of both the dump site and the
sludge to predict possible
impacts of the sludge.
Ocean Dumping Workshop
In March 1989, EPA, the
National Oceanic and
Atmospheric Administration
(NOAA), and the U.S. Coast
Guard (USCG) held a
workshop to address public
concerns about dumping
sewage sludge at the 106-
Mile Site. In addition to
government officials, scien-
tists, fishermen, policy
experts, representatives of
the sludge dumpers, and
representatives of environ-
mental interest groups
discussed changes needed to
the existing monitoring plans
and the development of a
strategy for future research,
monitoring, and surveillance.
EPA published the results of
that workshop in Proceed-
ings of the Ocean Dumping
Workshop, 106-Mile Site
(EPA, 1989c).
EPA, NOAA, and USCG Joint
Strategy
Using the workshop's
results, EPA, NOAA, and the
USCG are currently imple-
menting a joint strategy for
monitoring effects of munici-
pal sludge disposal at the
106-Mile Site. The three
agencies signed a Memoran-
dum of Understanding
(MOU) in April 1990 defin-
ing the roles of each and
completed a joint revised
monitoring, research, and
surveillance plan in Decem-
ber 1990 (EPA 1990b) that
supersedes all previous
plans. The new plan uses the
same set of baseline data
35
-------
Chapter4. Ocean Disposal of Municipal Sewage Sludge
developed by EPA's existing
plan and builds upon
monitoring data already
collected.
The areas of potential
impacts were based upon the
following considerations
from the ocean dumping ;
regulations:
Impingement of sludge
onto shorelines;
Movement of sludge
, into marine sanctuaries,
shellfishery, or fishery
areas;
Effects of sludge on
commercial fisheries;
Accumulation of sludge
constituents in biota;
Progressive changes1 in
water quality because of
sludge;
Progressive changes in
sediment composition
because of sludge;
Impacts on endangered
species as a result of the
sludge; and
Progressive changes in
pelagic, demersal, or
benthic biological
communities as a result
of the sludge.
The plan contains a four-
tiered strategy to monitor
sludge disposal at the 106-
Mile Site. Information on the
potential impacts in the site
and in the vicinity of the site
was collected as follows:
Tier 1. Sludge characteristics
and disposal operations
Tier 2. Nearfield fate and
short-term effects
Tz'er3.Farfieldfate
Tier 4. Long-term effects
Monitoring activities have
centered on Tiers 1,2, and 3.
Studies of long-term effects
(Tier 4) have only recently
been conducted, and rely
upon evaluations of the
results from the other tiers to
combine sludge fate data
with effects studies.
Under Tier 1 activities, EPA
studied sludge characteristics
from each of the dumpers to
determine chemical composi-
tion and toxicity. This
information, combined with
Tier 2 data, was used to
determine acceptable
dumping rates.
In Tier 2, EPA studied the
short-term behavior of the
sludge plumes, nearfield
transport, and short-term
effects of the sludge in the
site and its immediate
vicinity. This information
was used to determine how
sludge plumes dispersed and
moved through the waters of
and near the site. These data
were combined with Tier 1
data to set appropriate limits
on dumping rates to meet
ocean dumping criteria.
Tier 3 includes studying the
direction and rate of trans-
port of sludge dumped at the
site, the area! extent of sludge
concentrations outside the
site, and the physical and
chemical fate of the sludge.
This information was and is
being used to develop
additional Tier 3 and Tier 4
studies. Tier 3 activities
include water sampling, the
use of current meters,
satellite-tracked drifters, and
satellite imagery. The
satellite-tracked drifters
deployed at the site have all
shown trajectories that do not
move onto the Continental
Shelf, but eventually enter
the Gulf Stream and move
toward the Northeast. (See
Exhibit 16.)
A stationary current meter
and meteorological station
buoy, which transmit real-
time current and meteoro-
logical data by satellite to
EPA, have been placed near
the site. This information is
used to monitor currents, sea
states, and weather condi-
tions.
In 1990, based on Tier 3 data,
sediment traps were de-
ployed near the site to collect
particles falling to the sea
floor. This data will provide
evidence of the potential for
sludge to reach the sea floor
in various locations around
the site.
Discharge Hates
When EPA moved sludge
disposal operations from the
12-Mile Site to the 106-Mile
Site, the discharge rates of
15,500 gallons per minute
(gpm) established for the 12-
Mile Site remained in effect
until the scientific basis for
36
-------
Chapter 4. Ocean Disposal of Municipal Sewage Sludge
Exhibit 16
Buoy Trajectories of 29 Satellite-Tracked Buoys Released in the 106-Mile Site
(October 1989 to August 1990)
Continental Shelf Break
(200-m isobath)
34 L-
70 68 66 64 62
Degrees West Longitude
37
-------
Chapter4. Ocean Disposal of Municipal Sewage Sludge
38
new ones could be estab-
lished. Since 1986, when
sewerage authorities first
began using the DMSDS,
EPA has conducted semi-
annual surveys at the site to
determine the fate and effect
of the sludge being dumped.
In addition to field observa-
tions of sludge plume
behavior, analyses of the
waste have been performed
on sludge samples collected
both at the site and at the
individual treatment plants.
EPA has used this data to
reduce discharge rates to
meet the requirements of the
ocean dumping regulations.
As a result, discharge rates
were reduced from 15,500
gpm to rates ranging from
145 gpm to 8,719 gpm,
depending upon particular
characteristics of the sludge
being dumped. In addition,
as a condition of the permits,
the permittees are required to
submit sludge characteriza-
tion data monthly, quarterly,
and semi-annually. Based on
EPA's evaluation of this data,
EPA then may revise the:
discharge rates on a quarterly
basis.
Surveillance and
Enforcement Activities
Under MPRSA, enforcement
of permit conditions is a joint
responsibility of EPA and the
Coast Guard, with the Coast
Guard responsible for
surveillance.
Permit Terms
To ensure that authorized
ocean dumping of sewage
sludge is performed prop-
erly, the new special ocean
dumping permits require
that each vessel (1) be
accompanied by an EPA-
approved, independent ship
rider; (2) be equipped with
an Ocean Dumping Surveil-
lance System (ODSS) unit;
and (3) comply with the
conditions of EPA's Sludge
Manifest and Tracking
System program.
ODSS
The ODSS is an electronic
surveillance system that has
been developed, installed,
and operated by the U.S.
Coast Guard. It is designed
to identify the location of
each of the 13 EPA-autho-
rized ocean dumping vessels.
ODSS also relays information
about when and where the
barges are dumping the
sludge to assure that dump-
ing occurs in the designated
106-Mile Site. ODSS com-
prises three main compo-
nents: (1) the electronics
package ("black box") that is
installed on all 13 vessels; (2)
the transducers or pressure
sensors that measure changes
in vessel draft; and (3) the
base station located at
Governors Island, New York,
and the relay station located
at Sandy Hook, New Jersey.
The ODSS can provide real-
time (near-instantaneous)
coverage up to 20 nmi from
the base station and 60 nmi
from the relay station. When
the vessels are outside
communications range, the
black box stores data on the
vessel's location and dump
status.
SM7S Program
To further enhance tracking
and monitoring of sewage
sludge, EPA developed and
implemented the Sludge
Manifest and Tracking
System (SMTS) program. Its
purpose is to prevent illegal
dumping of sewage sludge
in the harbor, rivers, and
estuarine areas of New York
and New Jersey. The SMTS
program also protects against
the surreptitious loading of
toxic or banned substances
along with the sewage
sludge, and is designed to
prevent or mitigate acciden-
tal sludge spills.
The SMTS program is
described in detail in the
EPA Surveillance and
Enforcement of Sewage-
Sludge Dumping Report to
Congress (EPA, 1989f).
Enforcement Actions
EPA inspectors and
shipriders are required to
notify the agency and/or the
Coast Guard of permit
violations so that EPA can
initiate enforcement activities
under MPRSA regulations.
In July 1988, EPA issued
administrative complaints
against all nine ocean
dumping sewerage authori-
ties and their waste trans-
porters for violating sludge
disposal conditions from
January to April 1988.
Violations included discharg-
ing sludge too quickly,
-------
Chapter 4. Ocean Disposal of Municipal Sewage Sludge
failing to comply with
approved vessel tracking
procedures during discharge,
and riling incomplete reports.
New York City Department
of Environmental Protection
(NYCDEP), Nassau County
Department of Public Works
(NCDPW), National Sea-
trade, Inc., and the A&S
Transportation Company
have settled with EPA for a
combined total of $107,000.
The other authorities and
waste transporters have
agreed to settle, but these
actions have yet to be
completed.
Based upon reports from
EPA-approved inspectors,
other administrative com-
plaints have been issued for,
sludge spills and other
permit violations. A com-
plaint against NYCDEP was
issued in September 1989 and
another against Westchester
County Department of
Environmental Facilities
(WCDEF) in January 1990.
Both authorities have
responded to the complaints,
but final settlements have yet
to be reached. Following the
last complaint against
NYCDEP, the sewerage
authority installed a
videocamera system at its
Wards Island dock to
improve monitoring of
vessels transferring sewage
sludge. NYCDEP has also
improved the efficiency of
the high-level alarm sensors
on its sludge barges.
During monitoring activities
at the 106-Mile Site, members
of the scientific party aboard
EPA's ocean survey vessel,
the OSV PETER W. ANDER-
SON, twice observed
floatables in the sludge
plume behind the barge
Seatrader I, once during
September 1988 and again in
October 1989. During the first
sighting, the barge was
transporting sewage sludge
from the Long Beach Waste-
water Treatment Plant and
NCDPW. Based upon this
sighting and plant inspec-
tions, EPA issued an admin-
istrative complaint in
December 1988. The City of
Long Beach stopped ocean
disposal of sewage sludge in
1989.
During the second floatables
sighting, the Seatrader I was
transporting sewage sludge
from Joint Meeting of Essex
and Union Counties
(JMEUC), Middlesex County
Utilities Authority (MCUA),
and NCDPW. Based on this
sighting, EPA issued an
administrative complaint in
November 1989. EPA also
issued an enforcement letter
in November 1989 requiring
the three authorities to
establish a means for screen-
ing each bargeload (prior to
loading) of sewage sludge for
floatables. The waste trans-
porter and the authorities
have responded to the
complaint, but final settle-
ments have yet to be reached.
39
-------
Chapters, Ocean Disposal of Industrial Wastes and Other Materials
Chapter 5. Ocean Disposal of Industrial
Wastes and Other Materials
i Mir cr
Industrial Wastes
As a result of the passage of
ODBA, dumping of indus-
trial wastes into the ocean
has stopped. In September
1988, the last dumper ceased
activities. In February 1990,
EPA eliminated 21 expired or
unneeded ocean dumping
sites. These sites had origi-
nally been designated foi1
industrial waste, sewage
sludge, or similar types of
material. Also in February
1990, EPA proposed to
dedesignate the Gulf of
Mexico Ocean Incineration
Site and the Region II Acid
Waste Site. A final rule
should be in place in 1991.
As shown in Exhibit 15,
under MPRSA, between 1973
and 1986, the amount of
industrial waste dumped
into the ocean decreased
steadily. In 1987-1988,82,000
wet tons of acid waste were
dumped at the Acid Waste
Site. In 1987,28,000 wet tons
were dumped at the Deep-
water Industrial Waste Site.
The last dumper of industrial
waste ceased disposal
operations in September
1988. Since ODBA prohibits
new dumpers from com-
mencing disposal of indus-
trial waste, the ocean dump-
ing of industrial waste has
effectively ended.
During the period covered
by this report, EPA has taken
action to eliminate expired or
unneeded ocean dumping
sites. This action has in-
cluded removing 15 sites
originally designated for
industrial wastes and similar
types of material, as well as
the proposed dedesignation
of a site previously used for
acid waste disposal. Final
action on that proposed
dedesignation took place in
February 1991. The dedesig-
nation of these sites is
consistent with the dumping
prohibitions established by
ODBA. Appendix A lists the
location of these sites.
Since ODBA prohibits
issuing new permits and no
permits now exist, EPA has
effectively ended ocean
disposal of industrial waste.
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Chapter 5. Ocean Disposal of Industrial Wastes and Other Materials
Burning of Wood
and Dumping of
Construction Debris
EPA plans to phase out the
Woodburning Site in the
New York Bight by Decem-
ber 31,1991, because of the
availability of land-based
alternatives.
To date, EPA has issued
permits for the burning of
driftwood, wood pilings, and
other wood debris removed
from New York Harbor at
this site. Quantities burned
annually during this report-
ing period were 1987,35,000
tons; 1988,32,000 tons; 1989,
25,000 tons; and 1990,12,000.
EPA is currently considering
the future status of the Cellar
Dirt Site, also in the New
York Bight, where construc-
tion debris has been
dumped. The last permit to
use this site expired in
November 1989.
Incineration-at-Sea
During the first part of this
reporting period, EPA
worked on research and
operating programs needed
to support development of
the new regulations for ocean
incineration that were
proposed in 1985 [50 FR 8222
(Feb. 28,1985)]. However, in
February 1988, EPA sus-
pended work on the pro-
gram for incineration-at-sea
of liquid hazardous waste.
By banning ocean dumping
of industrial waste, ODBA
effectively eliminated
incineration-at-sea as well.
Many of the methodologies
and processes developed for
the operational and research
programs were never used
during at-sea burns because
of the program suspension.
However, benefits were
derived from the efforts.
Research contributed to the
development of over 50 state-
of-the-art methods for ocean
sampling and chemical
analyses that can be applied
to other marine and estuarine
investigations, such as
detecting oil or chemical
spills and siting of sewage
treatment plant outfalls.
Research conducted under
the incineration-at-sea
program was based on a
strategy that focused on the
development of an updated
environmental risk assess-
ment of ocean incineration of
liquid organohalogen wastes.
The three major study areas
and reports that EPA pre-
pared for each are as follows:
Development of meth-
ods for sampling,
analyzing, and deter-
mining toxicity in
marine organisms from
incinerator emissions
(EPA, 1985b; EPA,
1989a);
Development of meth-
ods for monitoring
ocean incineration
operations (EPA, 1987d-
g); and
Determination of
potential impacts of
ocean incineration
activities (EPA, 1985b;
EPA, 1989a).
Additional work included
development of a compre-
hensive operating program
(EPA, 1987a) that addressed
the site-designation process
(EPA, 1987b), permits for
ocean incineration (EPA,
1987c;EPA,1988a),and
management of specified
areas or sites where incinera-
tion could take place without
endangering human health
or the environment (EPA,
1986).
The report, Ocean Incinera-
tion Research Program:
Background and Status
(EPA, 1989h), gives the status
of the work performed. It
summarizes the develop-
ment of the operating
program and the progress
made in EPA's research
strategy.
Site Designation
EPA conducted several
baseline and site designation
surveys at potential and
existing incineration sites
(EPA, 1987h,i; EPA, 1988b-f)
in this reporting period.
In February 1990, the Agency
proposed to dedesignate the
Gulf Incineration Site in the
Gulf of Mexico. This site,
which is south of Galveston,
Texas, was last used in 1982.
This action was completed in
41
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Chapters. Ocean Disposal of Industrial Wastes and Other Materials
February 1991. This site was
designated in 1976,
redesignated in 1982, and last
used in 1982. No other sites
are designated for incinera-
tion-at-sea.
Law Suits
EPA won verdicts in two law
suits during this reporting
period involving applicants
for permits for incineration-
at-sea.
The first, filed by Waste
Management International
(WMD in 1986, challenged
EPA's denial of a research
permit to incinerate hazard-
ous waste at sea to Chemical
Waste Management (CWM),
a WMI subsidiary. EPA
argued that regulations
governing ocean incineration
should be in place before
permits were issued, a
position the court upheld
(669F.Supp.536).
The second, filed by Seaburn,
Inc., followed EPA's 1988
suspension of work on the
incineration-at-sea program.
As a consequence of the
suspension, the incineration-
at-sea regulations were not
completed, nor were permit
applications reviewed. The
company challenged such an
indefinite suspension. EPA
argued that ODBA, which
became law during this suit,
prohibited issuing new
permits for the incineration
of industrial waste at sea.
Seaburn argued that ODBA
covered only direct dumping
of industrial wastes, not
residues from incineration;
the court, in April 1989,
upheld EPA's interpretation
(712F.Supp.218).
Fish Wastes
MPRSA does not require a
permit for dumping unadul-
terated fish wastes unless it
occurs in harbors, other
protected or enclosed coastal
waters, or any location where
the Administrator finds that
the dumping could endanger
human health, the environ-
ment, or ecological systems.
Region I permits offshore
disposal of seafood wastes at
four sites in Cape Cod Bay.
Region n is also investigating
possible designation of a site
for fish wastes near
Mayaguez, Puerto Rico.
Offshore disposal of fish
wastes also occurs in Regions
m and IV. Region IV has
asked fish waste dumpers in
the Region to perform
environmental monitoring of
their waste sites, and some
baseline work has been
performed at sites at Cape
Canaveral and St. Augustine,
Florida.
Between 1987 and 1990,
Region IX issued permits
under Section 102 of MPRSA
to Star-Kist Samoa, Inc., and
Samoa Packing Company,
Inc., for the disposal of fish
cannery wastes. The volumes
disposed at this site during
this reporting period were as
follows: 26 million gallons in
1987; 10 million gallons in ,
1988; 11 million gallons in
1989; and 13 million gallons
between January 1,1990, and
September 30,1990. EPA
designated the American
Samoa Fish Cannery Waste
Site in February 1990. The
permits and site designation
went into effect for three
years on July 31,1990.
42
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Chapters. Monitoring Activities Conducted Aboard The OSV PETER W. ANDERSON
Chapter 6.
Monitoring Activities Conducted Aboard
The OSV PETER W. ANDERSON
About the OSV
PETER W. ANDERSON
The Ocean Survey Vessel
(OSV) PETER W. ANDER-
SON is EPA's primary
survey vessel for ocean
monitoring and site designa-
tion field studies. Surveys
aboard the ANDERSON are
performed as part of EPA's
overall strategy to determine
appropriate locations for
disposal of ocean-dumped
materials and to monitor
those materials once dis-
posed into the ocean environ-
ment. Information collected
on surveys is used in Envi-
ronmental Impact Statements
(EIS), to modify permit
conditions, or to support
decisions to designate or
expand designated disposal
locations, such as determin-
ing the location of a second
disposal site for dredged
sediments from Galveston
Harbor, Texas.
Specifications
and Equipment
The ANDERSON is
equipped with three fully
operational laboratories: a
wet laboratory for biological
sample processing, a chemis-
try laboratory, and a microbi-
ology laboratory. The ship
also has a computer survey
center where data manage-
ment and survey overview
operations are conducted.
The ANDERSON is staffed
by an operating crew of 15
and a scientific crew of up to
15. The operating crew
(Captain, mates, engineers,
and deck personnel) is
supplied by MAR, Inc., of Ft.
Lauderdale, Florida, under
contract to the Oceans and
Coastal Protection Division
of the Office of Wetlands,
Oceans, and Watersheds. The
ANDERSON'S scientific crew
is comprised of a Chief
Scientist, who is responsible
for the mission, and scientific
staff made up of personnel
from EPA Headquarters or
Regional offices, personnel
from other Federal agencies,
EPA contractors, or univer-
sity personnel.
On-board survey equipment
includes over-the-side
sampling gear with shallow-
and deep-water sampling
capabilities, laboratory
analytical equipment, an
underwater videocamera
system with taping capabili-
ties, and a side-scan sonar
system. The ANDERSON
has on-board equipment to
obtain samples from the
water column; air-sea
43
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Chapters. Monitoring Activities Conducted Aboard The OSV'PETER W. ANDERSON
interface; seafloor sediments;
or surface, midwater, or
bottom-dwelling organisms.
Samples of dredged material,
sewage sludge, or air canibe
collected aboard the
ANDERSON.
Since January 1987, signifi-
cant new equipment has \
been added to the ANDER-
SON. Included are a naviga-
tion radar and plotter system;
a data recorder and chart:
digitizer; a new salinometer
for the chemistry laboratory;
a new, automatic conductiv-
ity-temperature-depth-
dissolved oxygen (CTD/
DO) system, which electroni-
cally obtains conductivity,
temperature, depth, and
dissolved oxygen readouts
and transmits the data to the
ship's computers; 1000 ft bf
side-scan sonar cable; a
winch for the underwater
videocamera system; a
reverse osmosis desalinatpr;
two personal computers for
the computer survey center;
International Marine Satellite
(INMARSAT) capability to
substantially improve ship-
to-shore communications;
and a Rigid Inflatable Boat to
assist in diver operations and
sample collections.
Mission Highlights
The ANDERSON is fully
utilized, maintaining a full
schedule throughout the
year. In addition to those
scientific surveys which
collect data, other surveys are
geared toward public
outreach, marine environ-
mental education, equipment
demonstrations, and contract
missions with the U.S. Navy
and Coast Guard. Destina-
tions for scientific surveys
have included dredged
material disposal sites, the
106-Mile Site, potential sites
for incineration-at-sea,
estuaries and other marine
environments studied under
EPA's Near Coastal Waters
Program and National
Estuary Program, and
various United States harbors
to investigate marine debris.
After each trip, the mission
Chief Scientist prepares and
submits a report to the
appropriate offices within
EPA.
Exhibit 17 shows the loca-
tions of the scientific surveys
and the EPA Regional offices
responsible for them. The
baseline surveys included
studies for new dredged
material disposal sites
(DMDS) at Wilmington,
North Carolina, and Charles-
ton, South Carolina. These
surveys involved collection
of bottom sediments to
accurately describe the
character of the seafloor.
Monitoring data collection
surveys included missions to
an existing DMDS near
Norfolk/Dam Neck, Vir-
ginia, to assess the quality of
sediments removed from the
approaches to Chesapeake
Bay and deposited at the site.
In addition, diver-serviced
sediment traps were em-
ployed at the Norfolk/Dam
Neck DMDS to determine
the character and volume of
the sediments that may have
been resuspended at the site
by underwater currents and
wave action.
In 1987, the ANDERSON
conducted 41 missions
during 221 sea days. Of
these, 33 missions were
scientific surveys, such as
baseline and monitoring data
collection surveys, and
surveys for equipment
deployment, testing, calibra-
tion, and recovery. The
remaining eight missions
were activities such as
demonstration cruises for
student groups, and two
contract missions for the
Navy.
In 1988,42 missions were
conducted during 231 sea
days. Of these, 31 missions
were scientific surveys (see
Exhibit 17) and the remain-
ing 11 missions were other
activities. Highlights of the
year included surveys to the
106-Mile Site to deploy and
recover deepwater current
meter arrays, and efforts to
track the plume of the sludge
as it left the disposal barge;
detailed videocamera
mapping of potential
dredged material disposal
sites at Charlotte Harbor/
Fort Myers, Florida; and
studies in New York and
Boston Harbors of floatable
materials, such as plastic
trash and medical wastes
that often wash ashore on
beaches, causing visual,
esthetic, and public health
concerns.
One particularly interesting
development during 1988
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Chapter 6. Monitoring Activities Conducted Aboard The OSV PETER W. ANDERSON
was the testing and use of a
sediment perturbation device
developed with the Univer-
sity of Georgia. This instru-
mentation, which perturbates
the sediment and provides
real-time analysis of fine
sediments for trace metals,
was used to map sediment
composition at dredged
material disposal sites in Fort
Myers/Charlotte Harbor,
Tampa, Pensacola, and Cape
Canaveral, Florida; Mobile,
Alabama; and Charleston,
South Carolina.
Another accomplishment
during 1988 was the final
monitoring survey at the
Tampa Harbor, Florida,
Dredged Material Disposal
Site. Disposal of dredged
material from this project to
widen and deepen the
existing shipping channel to
accommodate deeper draft
phosphate ore freighters took
place from May 1984 through
October 1985, when the
project was completed.
Approximately 4 million
cubic yards of material were
deposited at the site, creating
a substantial flat-topped
mound. After disposal
operations were finished,
monitoring surveys showed
heavy colonization of the
mound by red and brown
algae, sponges, tunicates, sea
urchins, and arrow crabs. In
addition, a diverse assembly
of fish, including angelfish,
grouper, jacks, snapper, and
wrasses, was found in the
habitat provided by the
boulders of dredged material
on the mound. The dredged
material provided ample
surfaces for colonization by
numerous sessile organisms,
as well as considerable
habitat and protective cover
for teleosts (bony fishes) and
motile invertebrates.
In 1989,40 missions were
conducted during 197 sea
days. Of these, 29 were
scientific surveys (see Exhibit
17) and 11 were other
activities that included an
educational survey for
students of the University of
Rhode Island, a demonstra-
tion survey in support of the
National Estuary Program,
and one contract mission for
the Navy.
The scientific surveys
conducted during 1989
included two trips to the 106-
Mile Site to monitor ocean
dumping of sewage sludge.
With the aid of the ANDER-
SON, new data about the
prevalence of floatable
marine debris were collected
during EPA's Harbor Studies
Program. Harbor study
surveys were conducted with
the ANDERSON in New
York, Boston, Philadelphia,
Baltimore, Norfolk, and
Miami. Additional studies
were conducted in Houston,
Seattle, Tacoma, San Fran-
cisco, and Oakland using
contract vessels. The data are
being used to characterize
and determine the sources of
floatable debris in the U.S.
This data was used in the
development of a Report to
Congress (EPA, 1990d) and is
further described in EPA,
1990e.
Other highlights of 1989
included side scan sonar
surveys of dredged material
disposal sites in Regions I, n,
ffl, and IV, and support of
the Coast Guard's cleanup
operations after an oil spill in
the Delaware River in June
1989.
In 1990,37 missions were
conducted during 203 sea
days. Of these, 24 missions
were scientific surveys (see
Exhibit 17) and the remain-
ing 13 missions involved
other activities. These
activities included public
outreach programs in
Washington, DC, Annapolis,
Maryland, Boston, Massa-
chusetts, as well as the Earth
Day celebrations cited below.
In addition, the ANDERSON
participated in demonstra-
tion surveys for three school
and university groups during
1990. Highlights for the year
for scientific surveys in-
cluded dredged material
disposal site investigations at
Cape Arundel and Casco
Bay, Maine, Pensacola and
Ft. Pierce, Florida, and
Charleston, South Carolina.
The major highlight for the
year were the ANDERSON'S
activities in support of Earth
Day 1990. The ship partici-
pated in public open houses
in Norfolk, Virginia, Jackson-
ville, Florida, Philadelphia,
Pennsylvania, and Annapo-
lis, Maryland. Over 4000
45
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Chapters. Monitoring Activities Conducted Aboard The OSV PETER W. ANDERSON
Exhibit 17
Surveys Conducted by the OSV PETER W. ANDERSON, 1987 - FY 1990
Site
Number of Surveys
1987
1988
Region 1
Cape Arundel Disposal Site,; ME
Massachusetts Bay Disposal Site, MA
Narragansett Bay, Rl
Rhode Island Sound, Rl
Providence River, Rl !
Boston Harbor, MA
Massachusetts Bay, MA ;
Buzzards Bay, MA
Georges Bank
Casco Bay, ME
1
1
2
1
1
2
1
1
1a
1989
FY 1990
1
1
1
1
4
1
1a
1
2
1
Region II
106-Mile Site
Mud Dump/Alternate Mud DJjmp Site, NY Bight
106-Mile Deepwater Industrial Waste Disposal Site
Long Island Sound, NY
New York Harbor, NY
Continental Shelf Edge
Cape May, NJ
1
2
1
1
1
1
3
1
2
1
1a
4
2
1
1
2a
4
1
Region III
Dam Neck Ocean Disposal Site, VA
Ocean City, MD i
Bethany Beach, DE
Delaware Inlet, DE
Philadelphia, PA
Baltimore, MD
Norfolk, VA
Chesapeake Bay, MD
NJ/DE/MD/VA Near Coastal Waters
Delaware Bay, DE
1
1
1
1
1
1a
2a
1a
1a
1a
4
1
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Chapters. Monitoring Activities Conducted Aboard The OSV PETER W. ANDERSON
Exhibit 17 -- continued
Surveys Conducted by the OSV PETER W. ANDERSON, 1987 - FY 1990
Site
Number of Surveys
1987
1988
1989
FY 1990
Region IV
Fort Pierce, FL
Wilmington, NC
Charleston, SC
Fernandina Beach, FL
Canaveral, FL
Charlotte Harbor, FL
Tampa, FL
Pensacola, FL
Mobile, AL
Pascagoula, MS
Fort Meyers, BL -
Boca Raton, FL
Miami, FL
Straights of Florida
Southeast Atlantic Coast
Savannah, GA
1
1
1
1
4
' 2 -
2
1
1a
1a
1
2
2
3
2
1
1
1
Region VI
Galveston, TX
Gulf Incineration Site
Coastal Louisiana
TOTAL SURVEYS
Other Activities
TOTAL MISSIONS
1a
33
8
41
1
. 31
11
42
a These surveys Were conducted by EPA Headquarters '
2
2
2
1a
29
77
40
1
3
1
1
1a
1a
24
73
37
47
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Chapters. Monitoring Activities Conducted Aboard The OSV PETER W. ANDERSON
persons toured the vessel
during those four port calls,
arid considerable interest was
expressed by the visitors on
how they could assist in
environmental protection
efforts. In addition, the Office
of Water produced a com-
memorative poster for Earth
Day that was given to all
visitors to the ANDERSON.
Management Decisions
EPA uses data and infotma-
tion collected during OSV
ANDERSON surveys as a
basis for making enviroiv-
mental management deci-
sions. The following are
examples of decisions made
during this reporting period,
and the role the ANDERSON
played in making them.
EPA studies aboard the
ANDERSON led
directly to the designa-
tion of the Tampa,
Florida, dredged ;
material disposal site. In
addition, data collected
on the ANDERSON
after the dumping
operations showed
conclusively that the
dredged material was
contained within the
designated site.
Surveys using the
ANDERSON gathered
direct evidence of the
need for a second
dredged material
disposal site offshore of
Norfolk, Virginia!
Videocamera data
gathered on the
ANDERSON identified
an appropriate location
for the Boca Raton,
Florida, dredged
material disposal site.
This site was chosen to
avoid impacting two
inshore coral reefs.
Data collected aboard
the ANDERSON in
1988 were used to select
a second site for dis-
posal of dredged
sediments from
Galveston Harbor,
Texas.
Data collected during
ANDERSON surveys to
the 106-Mile Site have
provided considerable
insight into dispersal
patterns of dumped
sludge. This informa-
tion was used to
determine appropriate
disposal rates for the
sewage sludge and to
establish permit condi-
tions for the sewerage
authorities. Observa-
tions made during these
surveys resulted in
enforcement actions
against dumpers for
permit violations.
Information gathered
using the ANDERSON
near sewage effluents in
Massachusetts Bay
demonstrated where
outfall contaminants
accumulated, how the
Bay currents directed
the effluent depositions,
and an appropriate
location to place a new
sewage outfall pipe.
Data on the prevalence
of marine debris,
collected with the aid of
the ANDERSON as part
of EPA's Harbor Studies
Program, led EPA to
focus on the release of
plastic pellets into the
marine environment,
and to further investi-
gate combined sewer
overflows (CSO) and
sewers as sources of
marine debris; in
addition, substantial
insight into the origin of
much of the marine
debris, medical waste,
and floatables found in
estuarine, coastal, and
offshore waters has
been gathered with the
use of the ANDERSON.
Winter flounder collec-
tion studies conducted
by the ANDERSON at
Georges Bank have
provided a baseline of
data on
uncontaminated fish
tissues for comparison
with tissues of flounder
caught in inshore areas.
These studies provide
significant information
about safe levels for
consumption of winter
flounder.
Data collected using the
ANDERSON, during
Near Coastal Waters
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Chapters. Monitoring Activities Conducted Aboard The OSV PETER W. ANDERSON
surveys in the Mid-
Atlantic Bight, have
been used to establish
NPDES permit limita-
tions for nutrients and
bacterial loadings for
Ocean City, Maryland,
and Bethany Beach,
Delaware.
During the June 1989. oil
spill in the Delaware
Bay, the ANDERSON
responded quickly to
the Coast Guard's
request for assistance
and was used to deter-
mine the extent and
location of the spilled
oil.
The location of a
dredged material .
dumpsite in Charleston,
SC, was changed to
protect newly-found
live-bottom communi-
ties.
Public Education
Activities
Each year, the ANDERSON
holds a number of public
open houses. During this
reporting period, environ-
mental education events
were held in Boston, Massa-
chusetts, for Region I; New
York City for Region II; in
Annapolis, Maryland, for
Region ffl; and in Washing-
ton, DC, for Headquarters
operations. The open houses
are popular with both the
ANDERSON'S crew and the
public because they give the
crew a chance to explain the
ship's mission. They also
provide visitors with a rare
view of the complex and
involved equipment and
operations of the vessel.
The ANDERSON partici-
pated in the initiation of a
public-private liaison with
WJLA, Channel 7, in Wash-
ington, DC, to develop the
first of two proposed video-
tapes on the theme of
pollution prevention, and
how the public can assist in
that effort. The first video-
tape, approximately 8
minutes in length, is ad-
dressed to school children
from 9 to 17 years of age, and
has been completed.
As was mentioned earlier,
the ANDERSON also
participated in several major
events during the Earth Day
1990 celebrations. During
public open houses for
outreach events in Norfolk,
Virginia, Jacksonville,
Florida, Philadelphia,
Pennsylvania, and Annapo-
lis, Maryland, many visitors
toured the ship, including the
Mayors of Norfolk and
Jacksonville, and the Gover-
nor of the State of Florida.
49
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Chapter 7. ERA'S Marine Protection Programs and Policy
Chapter 7. EPA's Marine Protection
Programs and Policy
In conjunction with activities
under MPRSA,EPA's
activities include implemen-
tation of a number of pro-
grams and policies that focus
on protection of the nation's
estuaries, coastal waters, and
oceans. The following are
some of the activities that
relate to MPRSA:
EPA's National Coastal
and Marine Policy
EPA's National Coastal and
Marine Policy (NCMP),
which EPA developed and
published in 1989, states that
EPA, with the help of other
Federal agencies, the States,
localities and the general
public, will protect, restore,
and maintain the nation's
coastal and marine waters to
protect human health and
sustain living resources.
EPA's NCMP specifies five
goals:
God 1: Recover full recre-
ational use of shores,
beaches, and water by
reducing sources of bacterial
and other contamination,
plastics, floatables, and
debris;
Goal 2: Restore the Nation's
shellfisheries and saltwater
fisheries and protect marine
mammals and living re-
sources by controlling
pollution and causes of
habitat degradation and loss;
Goal 3: Minimize use of
coastal and marine waters for
waste disposal by strictly
limiting ocean dumping,
tightening controls on land-
based sources, and establish-
ing aggressive programs to
reduce the amount of waste
generated by our society;
Goal 4: Increase understand-
ing of the effects of pollution
on complex coastal and
marine ecosystems by
expanding scientific research
and monitoring programs
and developing new technol-
ogy;
Goal 5: Provide leadership by
the United States to protect
-the world's oceans by
aggressively promoting
international efforts to stop
pollution and protect critical
marine habitats and living
resources.
50
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Chapter 7. EPA's Marine Protection Programs and Pofcy
The National
Estuary Program
Congress established the
National Estuary Program
(NEP) precisely to address
the goals of the NCMP.
Under the Clean Water Act,
the program shows how
estuaries (and other ecosys-
tems) can be protected and
their living resources en-
hanced through comprehen-
sive, action-oriented manage-
ment that:
Identifies the probable
causes of major envi-
ronmental problems in
estuaries of national
significance;
Promotes and sustains
long-term state and
local commitment to
solving problems;
Generates meaningful
public involvement and
participation;
Focuses existing regula-
tory, institutional, and
financial resources to
act on identified prob-
lems; and
Encourages innovative
management ap-
proaches.
Seventeen estuaries are
participating in the National
Estuary Program.
Marine Debris
Activities
The presence in the marine
environment of floating
debris from anthropogenic
sources has resulted in
considerable public attention
and concern. Marine debris is
harmful to fish and wildlife
through ingestion and
entanglement, poses a risk to
human health, and is eco-
nomically and aesthetically
damaging to beach commu-
nities. Sources contributing to
this problem can include
land-based facilities for
handling solid waste; beach
use; Combined Sewer
Overflows (CSOs); domestic
and industrial wastewater
and stormwater systems;
urban runoff; and commer-
cial, recreational, and
military vessels.
In response to domestic and
international concerns about
floatable debris, EPA con-
ducted a series of studies in
eleven major coastal cities to
characterize this debris and
its sources. EPA is develop-
ing a national marine debris
program strategy which will
focus on source identification
and control, public education
and pollution prevention.
EPA has collected and
quantified debris exiting
several CSO's and storm
sewers, and is working with
the plastics industry and the
public to control the release
of debris to the waters of the
U.S. This national strategy
should be available in late
1991 for public review.
Near Coastal
Waters Program
In 1986, at the request of the
EPA Administrator, the
Office of Water began a long-
range Strategic Planning
Initiative to address the
problems of increasing
degradation of the nation's
near coastal waters (NCWs).
The pressures exerted on the
nearshore waters from
growing populations,
nonpoint source runoff,
industrial and municipal
discharges, and assorted
waste disposal activities are
increasing and must be
evaluated and addressed.
The Near Coastal Waters
Program is part of a long-
range initiative by the
Agency to restore and protect
the water quality and natural
resources of the nation's
coastal areas. The Office of
Water is working with other
Federal agencies, coastal
states, and EPA Regional
personnel to design and
implement a wide range of
activities to achieve this goal.
The NCW Program was
initiated as part of EPA's first
strategic planning process in
1986 with the intention of
improving the Agency's
management of near coastal
water environmental quality
and identifying ways to
improve coordination with
other federal, state, and local
offices with responsibilities
for coastal programs.
The major activities at
present are the Pilot Project
Program, the Near Coastal
Waters Assessment, Technol-
ogy Transfer activities, and
Coordination Strategies.
(1) Pilot Project Program.
NCW pilot projects are joint
EPA-State efforts that
51
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Chapter 7. EPA's Marine Projection Programs and Policy
address environmental
problems in selected near
coastal waters. Their purpose
is to demonstrate innovative
management actions that can
be applied in other areas of
the country. Some pilot
projects include a Decision
Making Information System
for Delaware's Inland Bays,
Oregon Coastal Resource
Action Plan, and Perdidb Bay
Cooperative Management
Project.
(2) Near Coastal Waters
Assessment. The goal of the
Near Coastal Waters Assess-
ment Project is to identify
near coastal waters needing
management attention. To do
this, EPA is working with
other Federal and state [
agencies. Current activities
include Federal-State infor-
mation exchanges, Regional
Near Coastal Assessment
Reports, Classifications :of
estuaries accordingly to their
relative susceptibility to
nutrient and toxic pollutants,
and a Federal Data Base
Inventory.
(3) Technology Transfer
Activities. Together with
other programs in the Office
of Water, the NCW Program
has established a network of
Federal, regional, and sjate
water quality experts,
scientists, public interest
representatives, and industry
representatives to provide a
forum for information
exchange. Some of the
products that have resulted
from these activities are "The
National Estuary Program
Primer", "Saving Bays and
Estuaries: A Handbook of
Tactics", and "Financing
Marine and Estuarine
Programs: A Guide to
Resources".
(4) Coordination Strategies. The
authority to control pollut-
ants and conduct research in
near coastal waters may be
located within several
different Headquarters and
Regional program offices. In
order to coordinate Agency
activities and to assure
consideration of the special
needs of sensitive near
coastal waters, the NCW
Program is working with
those offices to incorporate
more protective actions in the
Agency's guidance and
policy documents.
Gulf of Mexico Program
In 1988, EPA Regions IV and
VI initiated the Gulf of
Mexico Program. Its major
purpose is to develop a
comprehensive strategy to
protect and enhance the
environmental quality of the
Gulf of Mexico. It was
created as an
intergovernmental response
to signs of increasing envi-
ronmental degradation that
are becoming pervasive
throughout the Gulf system.
Over 16 Federal and 19 State
agencies are currently
working together on the
program.
During its first year, the Gulf
of Mexico Program was able
to identify key issues and
begin building consensus on
the issues that need to be
addressed to protect the
Gulfs long-term health and
productivity. Nine issue-
specific subcommittees have
been created to address these
problems. They include (1)
habitat degradation, (2) toxic
substances and pesticides, (3)
nutrient enrichment, (4)
marine debris, (5) freshwater
inflow, (6) public health, (7)
coastal and shoreline erosion,
(8) information and data
transfer, and (9) public
education and outreach.
Mid-Atlantic Bight
Initiative
The Mid-Atlantic Bight
Initiative is a joint program of
EPA Regions I, H, El, and IV
to address coastal water
pollution problems in the
Mid-Atlantic Bight. Two
goals of the initiative are to
better define coastal prob-
lems and to reorient existing
EPA and State programs to
more effectively address
common problems. A step in
this process was the Mid-
Atlantic Bight Ocean and
Near Coastal Waters Moni-
toring Workshop. It was held
in October 1988 to (1) open
communication among the
agencies involved in
monitoring; (2) provide a
forum to discuss toxics,
public health, and eutrophi-
cation monitoring; and (3)
promote a systems approach
to monitoring the Bight. EPA
Region HI also is conducting
regional workshops in each
State in the region. The first
workshop was held in
-------
Chapter 7. EPA's Marine Protection Programs and Policy
January 1990 in Ocean City,
Maryland, and the second
workshop in April 1990 in
Dover, Delaware. The
workshop participants, who
represented State, Federal,
and local environmental
agencies and groups, showed
great interest in developing
cooperative plans to address
common coastal problems.
New York Bight
Restoration Plan
The United States-Japan
Fishery Agreement Approval
Act of 1987 directs EPA, in
consultation with NOAA
and other Federal, State, and
interstate agencies, to
prepare a New York Bight
Restoration Plan (NYBRP). In
a related effort, EPA desig-
nated the New York-New
Jersey Harbor as an estuary
of national concern, and
convened a management
conference to prepare a
Comprehensive Conserva-
tion and Management Plan
(under Section 320 of the
Water Quality Act) for the
Harbor. The NYBRP is being
prepared by a work group
established as part of the
management conference. The
first phase of this planning
effort should be completed
and submitted to Congress in
1991. It includes the follow-
ing:
A review of the current
state of knowledge
concerning use impair-
ments and adverse
ecosystem impacts,
including floatables,
toxics, pathogens,
nutrients, and habitat
loss in the New York
Bight;
An in-depth look at one
adverse impact, the
prevalence of shell
disease in crustaceans
of the New York Bight;
An assessment of the
input and fate of
pollutants in the Bight;
and
An extensive public
outreach effort to
determine the public's
.view on pollution
inputs and fates.
The next phase of the NYBRP
should be completed in mid-
1992.
Radiation Programs
Under the MPRSA, the ocean
dumping of high level
radioactive waste is prohib-
ited, and the dumping of
low-level radioactive waste
(LLRW) requires a joint
resolution of Congress before
a permit can be used. The
U.S. is not currently dispos-
ing radioactive wastes in the
ocean. EPA's Office of
Radiation Programs (ORP)
carried out the following
activities during this report-
ing period:
ORP established and man-
aged an interagency technical
subcommittee to review
criteria and technical support
documents for use in poten-
tial regulations to address
any ocean disposal of LLRW.
ORP participated in a U.S.
Geological Survey (USGS)
high-resolution bathymetric
mapping survey off the
Atlantic Coast in the Exclu-
sive Economic Zone. The
Geological, Long-Ranged
Inclined Asdic (GLORIA)
side scan sonar system
successfully obtained
baseline data applicable to
evaluating ocean sites for any
future disposal of LLRW.
The USGS published the
GLORIA data in atlas format
in 1989.
ORP also continued its
participation in NOAA's
National Status and Trends
monitoring program. NOAA
provided ORP with samples
of sediment, benthic fish, and
bivalves for radionuclide
analysis. ORFs Eastern
Environmental Radiation
Facility analyzed samples
collected in 1987. ORP
obtained radioanalytical
support from the Depart-
ment of Energy for analysis
of samples collected in 1988
and prepared a report of the
radioanalytical data in 1989.
ORP initiated a bilateral
United States/Soviet project
to measure concentrations of
radionuclides transported to
the Black Sea from the
Dnieper River as a result of
the Chernobyl reactor
explosion. This data will
assist in assessing generic
impacts caused by any ocean
disposal of LLRW.
53
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Appendix A. Sites Dedesignated During the Year 1987 - FY1990
Appendix As
Sites Dedesignated During the Years
1987-FY 1990
Appendix A
Sites Dedesignated During the Years 1987 - FY 1990
Site
i
Region
Proposed for Dedesfgnaf ion
Acid Wastes Sites in the New York Bight
Gulf of Mexico Ocean Incineration Site
Key West Dredged Material Dumpsite (FL)
LA4 Dredged Material Dumpsite (San Diego/Point Loma)
n
VI
IV
IX
Dedesignated and/or Removed From Listing
Dredged Material Sites
St. Augustine (FL)
St. Lucie Inlet (FL)
Ponce de Leon Inlet (FL)
Largo Sound (FL)
Anclote (FL)
Pithlachascotee (FL)
Withlacoochee (FL)
Cedar Key Site 1 (FL)
Cedar Key Site 2 (FL)
Horseshoe Cove (FL)
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
Industrial Waste Sites
Industrial Wastes (2 sites)
Wrecks
Acid Wastes
Industrial Wastes Site
Industrial Wastes Site (2 sites) ;
Industrial Wastes Site (PR)
Sewage Sludge Site (12 Mile) :
Alternate Sewage Sludge Site
Sewage Sludge Site
Herbicide Orange Incineration Site (Johnston Island)
Kwajalein Island
San Nicholas Basin
Gulf of Mexico Platform JacketiSite
THUMS, Drilling Muds and Cuttings
106 Mile Industrial Wastes Site
Fish Cannery Wastes Site (American Samoa)
I
II
III
IV
VI
II
II
II
III
HQ
IX
IX
VI
IX
II
IX
54
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Appendix B. Ftefere
Appendix B:
References
U.S. Environmental Protection Agency. 1985a. Incineration-at-Sea Research Strategy. Report
submitted by Battelle Memorial Institute to U.S. Environmental Protection Agency, Office of
Marine and Estuarine Protection, Washington, DC.
US. Environmental Protection Agency. 1985b. Toxicological and Emissions Sampling Methodology
Development Related to Ocean Incineration of Hazardous Waste: Study Area 1, Level 1 Studies. Report
submitted by Battelle Memorial Institute to US. Environmental Protection Agency, Office of
Marine and Estuarine Protection, Washington, DC.
US. Congress, Office of Technology Assessment. 1986. Ocean Incineration: Its Role in Managing
Hazardous Waste. OTA-O-313. US. Government Printing Office, Washington, DC. August 1986.
US. Environmental Protection Agency. 1986. Monitoring Plan for the Incineration-at-Sea Sites.
Draft report submitted by Battelle Memorial Institute to U.S. Environmental Protection
Agency, Office of Marine and Estuarine Protection, Washington, DC.
US. Congress, Office of Technology Assessment. 1987. Wastes in Marine Environments, OTA-O-
334. US. Government Printing Office, Washington, DC. April 1987.
U.S. Environmental Protection Agency. 1987a. Ocean Incineration: Background and Status. EPA
556/1-87/006.
US. Environmental Protection Agency. 1987b. Guidance Document for Ocean Incineration Site
Designation. Draft report submitted by Battelle Memorial Institute to U.S. Environmental
Protection Agency, Office of Marine and Estuarine Protection, Washington, DC.
US. Environmental Protection Agency. 1987c. Guidance Document for the Preparation of a
Contingency Plan for Ocean Incineration. Draft report submitted by Battelle Memorial Institute to
US. Environmental Protection Agency, Office of Marine and Estuarine Protection, Washing-
ton, DC.
US. Environmental Protection Agency. 1987d. Proceedings of the Workshop on the Sea-Surface
Microlayer in Relation to Ocean Disposal. EPA 560/1-87/005.
US. Environmental Protection Agency. 1987e. Sampling and Analytical Procedures for the Ocean
Incineration Research Bum Program (RSBA Plan). Draft report submitted by Battelle Memorial
Institute to U.S. Environmental Protection Agency, Office of Marine and Estuarine Protection,
Washington, DC.
US. Environmental Protection Agency. 1987f. Technical Guidance Document for Conducting
Ocean Incineration Trial Burns. Draft report submitted by Battelle Memorial Institute to US.
Environmental Protection Agency, Office of Marine and Estuarine Protection, Washington,
DC.
55
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1ixB. References
U.S. Environmental Protection Agency. 1987g. User's Manual for Incineration-at-Sea (INSEA)
Model. EPA 556/1-87/001.
U.S. Environmental Protection Agency. 1987h. Analytical Results of Samples Collected During the
1985 Southeast Coast Areq Survey. Report submitted by BatteUe Memorial Institute to U.S.
Environmental Protection Agency, Office of Marine and Estuarine Protection, Washington,
DC.
U S Environmental Protection Agency; 1987L Analytical Results of Samples Collected During the
North Atlantic Incineration Site Survey. Report submitted by BatteUe Memorial Institute to U.S.
Environmental Protection Agency, Office of Marine and Estuarine Protection, Washington,
DC.
U.S. Environmental Protection Agency. 1988a. Guidance Document for Ocean Incineration
Permitting. Draft report submitted by BatteUe Memorial Institute to U.S. Environmental
Protection Agency, Office of Marine and Estuarine Protection, Washington, DC.
U.S. Environmental Protection Agency. 1988b. Analytical Results of Samples and Data Collected
During the 1987 Baseline Survey to the Existing and Alternative Gulf of Mexico Incineration Sites.
Draft report submitted by BatteUe Memorial Institute to U.S. Environmental Protection
Agency, Office of Marine and Estuarine Protection, Washington, DC.
U S Environmental Protection Agency. 1988c. Analytical Results for Samples and Data Collected
During the 1987 Baseline Survey to the Potential Incineration Sites Along the Southeast Coast of the
United States. Draft report submitted by BatteUe Memorial Institute to U.S. Environmental
Protection Agency, Office of Marine and Estuarine Protection, Washington, DC.
U S Environmental Protection Agency. 1988d. Environmental Progress and Challenges: EPA's
Update. U.S. Environmental Protection Agency, Office of Policy, Planning, and Evaluation,
Washington, DC. EPA-^30-07-88-033. August 1988.
U.S. Environmental Protection Agency. 1988e. Site Designation Study for Gulf of Mexico Ocean
Incineration Site Designation. Draft report submitted by BatteUe Memorial Institute to U.S.
Environmental Protection Agency, Office of Marine and Estuarine Protection, Washington,
DC.
U.S. Environmental Protection Agency. 1988f. Site Designation Study for North Atlantic Ocean
Incineration Site Designation. Draft report submitted by BatteUe Memorial Institute to U.S.
Environmental Protection Agency, Office of Marine and Estuarine Protection, Washington,
DC.
U.S. Environmental Protection Agency. 1988g. Monitoring Plan for the 106-Mile Deepwater
Municipal Sludge Site. Draft report submitted by BatteUe Memorial Institute to U.S. Environ-
mental Protection Agency, Office of Marine and Estuarine Protection, Washington, DC.
U.S: Environmental Protection Agency. 1989a. Development, Testing, and Validation of the Marine
Incineration Biological Assessment Sampler (MIBAS). Report submitted by BatteUe Memorial
Institute to U.S. Environmental Protection Agency, Office of Marine and Estuarine Protection,
Washington, DC.
56
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Appendix 5. References
U.S. Environmental Protection Agency. 1989b. Problems in Managing Disposal of Material
Dredged from San Francisco Bay. US. Environmental Protection Agency/General Accounting
Office, Washington, DC. GAO/RCED-90-18. November 1989.
U.S. Environmental Protection Agency. 1989c. Proceedings of the Ocean Dumping Workshop for
the 106-Mile Site. U.S. Environmental Protection Agency, Office of Marine and Estuarine
Protection, Washington, DC. EPA-503/9-89/009.
U.S. Environmental Protection Agency. 1989d. Sludge Recycling Alternatives Report to Congress.
U.S. Environmental Protection Agency, Office of Water, Washington, DC. EPA-503/9-90/006.
April 1990.
US. Environmental Protection Agency. 1989e. Progress in Stopping Ocean Dumping; Report to
Congress. U.S. Environmental Protection Agency, Office of Water, Washington, DC. EPA 503/
9-90-003. December 1989.
U.S. Environmental Protection Agency. 1989f. Surveillance And Enforcement of Sewage-Sludge-
Dumping Report to Congress. U.S. Environmental Protection Agency, Office of Water Washine-
ton, DC. EPA-503/9-90/002. December 1989. .
U.S. Environmental Protection Agency. 1989g. Marine and Estuarine Protection Programs and
Activities. U.S. Environmental Protection Agency, Office of Marine and Estuarine Protection
Washington, DC. EPA-503/9-89-002. February 1989.
U.S. Environmental Protection Agency. 1989h. Ocean Incineration Research Program: Background
and Status. Report submitted by Battelle Memorial Institute to U.S. Environmental Protection
Agency, Office of Marine and Estuarine Protection, Washington, DC.
U.S. Environmental Protection Agency. 1990a. Ocean Disposal Monitoring Programs in Response
to the Ocean Dumping Ban Act; Report to Congress. U.S. Environmental Protection Agency Office
of Water, Washington, DC. EPA-503/4-90/001.
U.S. Environmental Protection Agency. 1990b. 106-Mile Deepwater Municipal Sludge Site
Monitoring, Research, and Surveillance Plan. Draft.
U.S. Environmental Protection Agency. 1990c. Sludge Recycling Alternatives; Report to Congress
U.S. Environmental Protection Agency, Office of Water, Washington, DC. EPA-503/9-90/006.
U.S. Environmental Protection Agency. 1990 d. Methods to Manage, and Control Plastic Wastes
EPA/530-SW-89-051.
U.S. Environmental Protection Agency. 1990e. Harbor Studies Program. November 1988 -
February 1989. EPA/503/4-90-003.
U.S. Environmental Protection Agency/U.S. Army. COE1990. Draft Ecological Evaluation of
Proposed Dredged Material into Ocean Waters. EPA-503-8-90/002.
57
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Dedication
This issue ofEPA\s Ocean Dumping Report to Congress
is dedicated to the memory of
Thaddeus Allen Wastler
1928 1990
Al Wastler joined the Envi-
ronmental Protection Agency
in 1970, when it was created.
He helped set the Agency's
course by drafting the first
regulations and criteria for
MPRSA upon an effects-
based approach. He was the
guiding force behind the
1976 Easton, Maryland,
Workshop that established
environmental thresholds by
which to estimate dumping's
impact on the marine
environment. The current
regulations and criteria,
which he also drafted, are
based on the findings of that
Workshop.
He was the Agency's lead
technical liaison with the
London Dumping Conven-
tion from the time that the
United States became a party
to it and played an active role
in its work. He was Chair-
man of the Scientific Group
on Dumping for four terms,
the maximum allowed.
Al Wastler was born in
Pensacola, Florida, earned a
BS in Chemistry at Duke
University and an MS in
Chemical Engineering at the
Georgia Institute of Technol-
ogy. He also did advanced
work in Physical Oceanogra-
phy at The Johns Hopkins
University. When Al moved
to Washington in 1967, he
was an officer in the Public
Health Service.
An authority on tidal
influences and the carbon
cycle as contributors to
eutrophication, Al main-
tained a consistent interest in
cyclical phenomena in ocean
and estuarine processes.
Among his publications is
the book, "Spectral Analysis-
Application in Water Pollu-
tion Control."
Al Wastler was a gentleman
and scholar, and will be
sadly missed by the people
who work on ocean and
coastal zone issues.
58
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