&EPA
United States
Environmental Protection
Agency
OJfice of
Water Programs
Washington, DC 20460
May 1980
Water
Annual Report to Congress
Jan. - Dec.
On Administration of the Marine
Protection, Research, and Sanctuaries
Act of 1972r as Amended f P.L 92-532)
and Implementing the International
London Dumping Convention
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\ ' ",
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
ocr ts
THE ADMINISTRATOR
Honorable Thomas P. O'Neill, Jr.
Speaker of the House
of Representatives
Washington, D.C. 20515
Dear Mr. Speaker;
Section 112 of the Marine Protect!ons Research, and Sanctuaries
Act of 1972, as amended, requires the Administrator of the
Environmental Protection Agency (EPA) to submit an annual report on
the administration of the ocean dumping permit program authorized
under Title I of the Act. The seventh annual report for this program
is transmitted with this letter,
The ocean dumping permit program became effective on
April 23, 1973} and final regulations and criteria were published on
October 15, 1973. Revisions to those regulations and criteria were
published on January 11, 1977. This report covers the activities
carried out under the Act and those necessary to implement the
London Dumping Convention during calendar year 1979.
The dumping into ocean waters of all material, except dredged
material, is regulated by EPA permits; the U.S. Army Corps of
Engineers issues permits for dredged materials. We believe that
the permit program has brought the previously unregulated practice
of ocean dumping under strict control.
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TABLE OF CONTENTS
PAGE
INTRODUCTION 1
MARINE PROTECTION, RESEARCH,
AND SANCTUARIES ACT, AS AMENDED
(P.L. 92-532) 2
THE PERMIT PROGRAM 4
TABLE I - Permittees on Implementation Plans 6
TABLE II - Permit Activity 7
TABLE III - Types and Amounts of Ocean Disposal 9
TABLE IV - Summary of Permits Denied or
Phased Out, 1973-1979 11
TABLE V - Permits Phased Out by Region II, 1979 12
LONDON DUMPING CONVENTION 13
TABLE VI - Ratifying Contracting Parties 16
TABLE VII - Permits Issued in 1978 17
OSV ANTELOPE 20
Figure 1 - Ocean Disposal Sites Sampled, 1979 21-A
BASELINE/MONITORING SURVEYS 22
TABLE VIII - Availability of EISs 24
FIGURE 2 - Municipal Waste Disposal Site 25
FIGURE 3 - Shallow Water Dredge Material Disposal
Site 26
FIGURE 4 - Deep Water Dredged Material Disposal
Site 27
ENFORCEMENT 28
TABLE IX - Enforcement Actions 30
APPENDIX - Annexes I, II and III to the Convention 31
on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter
- Amendments to Annexes I and II 35
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INTRODUCTION
This is. the Environmental Protection Agency's (EPA) eighth annual
report to the Congress on the implementation of Title I of the
Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA), as
amended. The report covers the Agency's authorities and
responsibilities under the Act in carrying out the ocean dumping
program and reviews those program activities conducted within EPA
Headquarters and Regions during calendar year 1979-
Three other agencies having responsibilities under the MPRSA, the
U.S. Array Corps of Engineers (COE), the U.S. Coast Guard (USCG), and
the National Oceanic and Atmospheric Administration (NOAA) will each
submit separate reports on their activities in implementing the Act.
Therefore, this report does not contain a discussion of their
activities under the Act, except as they impact the responsibilities
of EPA.
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PROTECTION, RESEARCH, AND SANCTUARIES
ACT, AS AMENDED (P.L. 92-532)
Program Authorized Under Title I
The purpose of Title I of the Marine Protection, Research, and
Sanctuaries Act of 1972 (MPRSA) is to regulate transportation for
ocean dumping, and to prevent or strictly limit the ocean dumping of
any material which would unreasonably affect human health, welfare,
or amenities, or the marine environment, ecological systems, or
economic potentialities. To implement this purpose and to control
dumping in ocean waters, Title I of the Act establishes a permit
system and assigns its administration to the EPA and COE.
Transportation from the United States of any radiological, chemical,
or biological warfare agent or high-level radioactive wastes for
dumping in ocean waters, the territorial seas, or the contiguous zone
is prohibited. Transportation of other materials (except dredged
materials) for the purpose of dumping is prohibited except when
authorized under a permit issued by the Administrator of EPA, Based
upon criteria outlined in Section 102 of the Act, the Administrator
is required to establish and apply criteria for reviewing and
evaluating permit applications. Such permit may be issued after
determining that the dumping involved will not unreasonably degrade
or endanger human health or the marine environment and the need for
ocean dumping has been demonstrated. Before a permit is issued, EPA
must also give notice and opportunity for a public hearing. Dumping
of dredged material is regulated under permits issued by the COE in
accordance with the EPA criteria. In addition, the Administrator is
authorized to designate areas where ocean dumping may be permitted
and any critical areas where dumping may be prohibited. EPA has the
authority to revoke or modify permits or to access civil penalities
for violation of permit conditions. In addition, the Attorney
General may initiate criminal action against persons who knowingly
violate the Act.
Also under Title I, the USCG is given the responsibility to conduct
surveillance and other appropriate enforcement activities to prevent
unlawful ocean dumping. More specifically, the USCG ensures that the
dumping occurs under a valid permit and at the location and in the
manner specified within the permit.
Title II requires NOAA to conduct a comprehensive program of research
and monitoring regarding the effects of the dumping of material into
ocean waters. Title III gives NOAA the authority to establish marine
sanctuaries.
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A 197? amendment to the MPRSA requires that ocean dumping of sewage
sludge cease as soon as possible and in any event no later than
December 31, 1981. For the purposes of this amendment, the term
"sewage sludge" is defined to mean "any solid or liquid waste
generated by a municipal wastewater treatment plant the ocean dumping
of which may unreasonably degrade or endanger human health, welfare,
amenities, or the marine environment, ecological systems, or economic
potentialities," Thus, the 1981 phase out date required under the
EPA ocean dumping regulations is now a statutory date to terminate
dumping of sewage sludge as defined. Ocean dumping of wastes from a
municipal wastewater treatment plant is not precluded by the
amendment if the wastes meet EPA's environmental impact criteria.
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THE PERMIT PROGRAM
Permitted Dumping During
As established by the Ocean Dumping Regulations and Criteria (40 CRF,
Parts 220-229) published January 11, 1977, general permits may be
issued for dumping of small quantities of material which will have a
minimal adverse environmental impact when dumped under prescribed
conditions. Examples include burial at sea of human remains or
ashes, transportation of target vessels with the intent of sinking
the vessels during ordnance testing, and transportation and disposal
of derelict vessels, particularly when they pose a threat to
navigation,
Special permits may be issued for the dumping of materials which
satisfy the criteria, but only for a maximum duration of three years
for- each permit. In 1979> special permits were issued for dumping of
construction debrisf acid iron- wastes, miscellaneous pharmaceutical
wastes, and for the incineration of wood,
Emergency permits may be issued for disposal of materials which pose
an unacceptable risk relating to human health and for which there is
no other feasible solution. Two emergency permits were issued during
1979.
Interim permits may be issued for a period not to exceed one year,
Until the December 31, 1981 termination date, interim permits cover
those materials that do not comply with the ocean dumping
impact criteria and for which there are no feasible land based
disposal alternatives at the present time.
Since April 23, 1978, no interim permits have been issued for dumping
of wastes from a facility which had not previously ocean dumped. In
addition, those permittees dumping under interim permits are required
to have an implementation schedule providing for the phase out of
ocean dumping or compliance with the criteria on or before
December 31, 1981,
Table I lists the permittees operating under interim permits at the
end of 1979 and the dates by which they are scheduled to stop ocean
dumping .
Research permits may be issued for dumping material into the ocean as
part of a research project when a determination is made that the
scientific merit of the proposed project outweighs the potential
environmental damage that may result from the dumping. One permit
was effective for 1979 for oil dispersant research.
Incineration at sea permits are generally issued only as research
permits; however, a special permit may be issued in those cases where
studies on the waste, the incineration method, the vessel, and the
disposal site have already been conducted and a site has been
designated. Five special permits were effective during 1979 for the
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incineration of wood generated in the New York Harbor environs. No
research or interim permits for this disposal method were issued
during 1979,
Table II lists "the permits issued, the materials and amounts dumped
during 1979 by EPA permitting authority (Region or Headquarters).
Table III summarizes the total amount of dumping during 1979 by
coastal area and also presented a comparison of the amounts dumped
during 1979 with the amounts clumped under EPA permit during
preceding years.
The further reduction in overall ocean dumping during 1979 ia the
result of the continuing EPA effort to require those permittees whose
wastes are unacceptable for ocean dumping to implement alternative
means of disposal as rapidly as possible. During 1979, nine
permittees were phased out of ocean dumping, increasing the number* of
permits denied, phased out or withdrawn since the inception of the
program to a total of 316 (Table IV), All of the phase outs during
1979 were in Region II (Table V),
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TABLE I
PEiWTTTEES OH IMPLEMENTATION
PLANS TO PHASE OUT OCEAN DUMPISG
C Llnden-Roaelle S.A,, NJ
Middletown TWP Sewerage
Authority
Pasaaie Valley Sew. Com.
» Qpjohn Mfg. Co.
City of Long Beach
Middlesex Co, Utll. Auth,
New fork City (12 plants)
Merck 4 Go.» Inc.
Bergen Co. Util. Auth.
tentey Valley S.A.
Joint Mtg.-Essex & Onion Co.
Pfizer Pharmaceuticals, Inc.
» Merck Sharp 4 Dohaa
County of Ifaaaau (9 planta)
Comty of Westchester
dty of den Cove
Bristol Alpha Corporation
* Scherlng Corp,
American Cyanamid Co.
* E.I. DuPont de Memoura
yest New York STP
Wanaque STP
Cedar Grove SIP,
Harris SIP
Toto*e STP
Heat -Paterson STP
tortheast teraaouth Regional S.A.
Cyanamid Agric. de P.R.
» Suibb Mfg. Inc.
Ill City of Philadelphia
Phase
Out
Locatioq Site Datft
linden, MJ SS 1981
Belford, NJ SS 1981
Newark, NJ SS 1981
Bareeloneta, PR PR 1981
Long Beach, NI SS 1981
Sayreville, NJ SS 1981
Mew fork, NY SS 1981
Rataray, MJ 106 1980
little Ferry, KJ SS 1981
Rataay, NJ SS 1981
Elizabeth, NJ SS 1981
Baroeloneta, Pi PR 1981
Bareeloaeta, PR PR 1981
Mineola, HI SS 1981
Yontera, NY SS 1981
Clam Cove, NY S3 1981
Barcetoneta, PR PR 1981
Hanatie, PR PB 1981
Linden, M.J.106 106 1980
Edge Maor, IE 106 1980
yest New York, HJ SS 1980
Manaque, NJ SS 1980
Cedar Grove, NJ SS 1980
torris Township, SS 1980
-HJ
Totowa, SJ SS 1980
Meat Pmteraon, NJ SS 1980
ftomaouth Beach, SS 1981
Bareeloneta, PR PR 1981
Huaacao, PR PR 1980
Philadelphia, PA SS 1980
Special permits; all others are interim
*» Permit, required pnase out within 18 smiths of
promulgation of National Effluent Limitations
guide lines fOr titaniun dioxide Industry.
SS - Hew York light Sswage Sludis Site
PI - Puerto Rico Industrial Site
106 - 106-Hlle Ocean Waste Site
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TABLE H
PERMIT ACTIVITY - CY 19T9
Permittee. Location
Reeion 11
Type Permit,
H^terj^a], Pii!tipe4
Interim Pernjj,t
Actual Quant. Dumped
ClB thQW??!1^ He^ tons)
Digeator Qeanout
(covered under penults
issued to nun./sewage
avrth. generally dumping
at the sewage aludge site)
sewage sludge
Atlantic City, SJ;
(combined w/ Nassau
Co. la 1978)
American Cyanaaid Co,
Linden, MJ
Merck 4 Co.
tehway, NJ
fferla Costa
General fterine TV-anap,
Corp., Bayonne, NJ
PCI International
Arecibo, PR
wastes ftx«
manufacture of
insecticides and
chemical's,
thiabendazole
chemical waste
waste IVom
manufacture of
phanuaceutieals,
chemicals
90
Bergen County Util- Auth.
Uttle Ferry, NJ
General ferine fransp.
Corp., Bayonne, NJ
City of Glen Cove,
Glen Cove, NJ
Joint Maeting-Essex & Union
Counties, Irvington, NJ
Linden ftoselle/Rahway Valley
S,A. Ujfjden, H,J.
City of Icng Beach, Long
Beach, NY
Middlesex Co. Utilities
Sayendlle, HI
Hiddletown TWp S.A.
Bilford, HJ
Modern Iransp. Co.
S. ffearny, NJ
Nassau Co. DPW (9 plants)
Mineola, Hit
Mew fork City EP (12 plants)
Mew York, NT
Passaic Valley Sew. Coam.
Newark, HJ
Heatehester Co. DEF
Yonkers, »Y
₯. Lang Beash Sew. Dist,
sewage sludge
aewige sludge
sewage sludge
aa«age aludge
aevage sludge
sewage aludge
sewage aludge
sewage aludg«
sewage aludge
sewage aludge
sewage aludge
sewage sludge
sewage aludge
sewage sludge
SO
m
1
30?
253
5
900
19
8T
395
280f
531
3W
101
46
333
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TABLE in (OTTO)
o
WASTE TYPE
Industrial Waste
Sewage Sludga
Construction
and Demolition
Debria
Solid Waste
Explosives
Incinerated (Wood)
Incinerated
(Chemicals)
TOTALS
WASTE TWE
Industrial Waste
Sewage Sludge
Conatructlco
and Demolition
Debria
Solid Waste
Explosives
Incinerated (Wood)
Incinerated
(Chemicals)
TOTALS
(Q PACIFIC
1973
0
0
0
210
0
0
0
210
TOTALS OF A, 1L
1973
5,050,800
ft, 80S, 900
973,700
&Q
0
10,800
0
10,931,110
"71
0
0
0
200
0
0
0 '
200
AND C (IJLJPPWX,
1971
1,579,700
5,010,000
770, tOO
200
0
ISpfiOO
12,300
10,388,100
1975
0
0
0
0
0
0
0
0
TONS)
1975
3,111,900
5,039,600
395,900
0
0
6,200
1,100
8,887,700.
1976
0
0
0
0
0
0
0
0
1976
2,733,500
5,270,900
311,600
0
0
' 8,700
0
8,327,700
1977
0
0
0
'
0
0
0
12, 100
12, 100
1977
1,813,800
5,131,000
379,000
100
0
15,100
29,700
7,101,600
1978
0
0
0
0
0
0
0
0
1978
2,518, 173
5,535,000
211,000
0
0
18,000
§
8,101,173
1979
0'
0
0
998
6
0
0
998
1979
2,577,000
5,932,000
107,000
998
o '
36,000
0
8,652,998
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I?
SUMMARY OF OCEAN DUMPING PERMITTEES/APPLICANTS
DENIED OR PHASED OUT FROM 1973 to 1979
I II III IV VI IX X Tot
Action prior to April 1973
out -- 44 - 44
During the remainder of 1973
withdrew 4 ----- 4
phased out 1 1 - 2
H^arl"! AH -.. __ *»< __ 1 "S
vlCS* JiJL^V- ****** .»»_ _._ | ___, ^, ^
During 197^
withdrew 2 1 - 3
phased out 21 1 - 22
denied 1 1 1 1 4
During 1975
withdrew 6 - 6
phased out 1 10 1 2 - 14
During 1976 withdrew 2 - 2
phased out 17 - 17
denied 130 -- 1 - 131
During 1977
withdrew 2 - * 2
phased out 1 16 - 1 - 18
denied - . -
During 1978
phased out 31 1 - 32
denied -- 1 - 1
During 1979
phased out 8 - 8
He* n T d£»H 1 **<« _ **,-«. 1 ^
UO11-LC5U, " I **"*** "" ***** ) ** £.
Totals 2 292 293 318
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Table V
OCEAN DUMPING PERMITS PHASED OUT
BY REGION II DURING 1979
Permittee Location Date
Asbury Park New Jersey December 1979
Atlantic Highlands New Jersey July 1979
Kearny New Jersey April 1979
Lincoln Park New Jersey October 1979
Pequannoek New Jersey October 1979
Roxbury New Jersey July 1979
Crompton and Knowles Co. Pennsylvania February 1979
Puerto Rico Olefins Co. Puerto Rico February 1979
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The Convention on Prevention of Marine Pollution by Dumping of Wastes
and Other Matter (London Dumping Convention) was negotiated in London
in November 1972 and came into force on August 30, 1975 following
receipt of the required 15 ratifications or accessions. The
Inter-governmental Maritime Consultative Organization (IMCO), as the
designated Secretariat, handles the administrative functions of the
Convention.
In summary, the Convention is an international treaty requiring the
Contracting Parties (member nations) to establish national systems to
control substances leaving their shores for the purpose of being
dumped at sea. Annex I of the Convention contains a "black list" of
substances whose dumping would be prohibited under normal
circumstances: mercury and cadmiun and their compounds, organohalogen
compounds such as DDT and PC3*sf persistent plastics, oil, high level
radioactive wastes, and chemical and biological warfare agents.
Annex II lists substances requiring special permits as well as
special care in each dumping including: heavy metals, lead, copper,
zinc, also cyanides and fluorides, waste containers which could
present a serious obstacle to fishing or navigation, and medium and
low level radioactive wastes. Substances not listed in Annex I or II
require a general permit and all dumping must be carried out with
full consideration given to a list of technical considerations
contained in Annex III. These Annexes are shown at the Appendix to
this report.
The Convention provides that each party will take appropriate .steps
to ensure that the terras of the Convention apply to its flagships and
aircraft and to any vessel or aircraft loading at its ports for the
purpose of dumping. Full continuous use is to be made of the best
available technical knowledge in implementation which, together with
periodic meetings and planned participation by appropriate
international technical bodies, IB designed to keep the contents of
the Annexes up-to-date and realistic in meeting the ocean pollution
control needs stenming from ocean dumping.
As the U.S. authority for implementing the international require-
ments for control of ocean dumping, the MPRSA was amended in 197*1 to
bring the Act into conformance with the Convention.
Consultative Meetings of the Contracting Parties have been held
annually since 1976. Ad too working groups are established as
needed to work intersessionally (the interim between Consultative
Meetings) on particular subjects. The ad hoc Scientific Group on
Dumping is an ongoing working group, currently chaired by the U.S.,
which meets annually to develop recommendations on technical
scientific issues under consideration,
Two ad hojc groups convened early in 1979- The work of the Group on
Incineration at Sea included revising the interim Technical
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TABLE VII (CQNT'D)
United
United State
Industrial liquids
Industrial sludges
- Fly ash
- Dnca w/arsenlc
residues
- ffxnatitian
- Pipes
Diluted acids
dustle material
Se«mg« sludge
Seal ca^w**
ItittUtcd weapons
Conenet* pipes
22
29
2
1
1
4
15
JO
1
2
1
312,200
267,020
350,000
20
20
150
71,500
IWI.OOO
9,02«,000
3,000
3.5
303
Excavation catsrial
TOtorLai
11
12
Sludges
Diluted acids
- {Excavation
material }
- Crude oil/
* drjf weight
M noe yce » Conentcting Parties
T20,QQQa3
920,000
760,000
2, £80,000
600,000
80,097 1
United Kingdom
(talg Kong Cov'ti
Seuage Sludge
Dnxlged arterial
Technical equipment
an] Kmunltion
»
31udg*a
Uquida
aiudgea
^nass oo,fi20,OOOcu.Bt
1078
Marshall l!)
2.W7
aoo
170
2,235
18
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TABLE YH (CWTD}
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OSV ANTELOPE
Under the MPRSA, EPA received responsibility for regulating ocean
dumping, designating and nanaging dumping sites, and assessing the
consequences of ocean dumping.
When EPA contracted for preparation of environmental impact
statements (EIS) on ocean dumping sites, field surveys of sorae of
these sites were found to be necessary; site-specific data were
lacking, making environmental assessment difficult. At ocean sites
used for many years and at sites receiving large quantities of
material, the effects of this dumping on the marine ecosystem was
considered important enough to launch an extensive field sampling
program. The field survey program would provide data not only as
specific information on the sites for EIS development, but also would
enable EPA to make future recommendations on the rates, quantities,
and types 'of material that a certain site nay receive. In order to
survey most efficiently these sites off the Atlantic, Gulf and
Pacific coasts in a two-year period, EPA acquired the PG ANTELOPE on
surplus from the General Services Administration. ANTELOPE had
served in Vietnam and the Mediterranean as a Navy patrol gunboat,
armed with a three-inch gun, rockets, machine guns, and powered by a
gas turbine engine for nearshore patrol and high speed pursuit.
The conversion of ANTELOPE to an ocean survey vessel took eight
months, and was completed in February 1979. The armament and
large gas turbine engine were removed, making roem for a wet lab,
chemical lab, and microbiological lab while retaining berthing space
for a crew of 13 and a scientific party of 12.
A crane was added to handle heavy survey gear over the side, and
stabilizers were installed for ease of vessel movement in rough seas.
A computerized bow-thruster system keeps the ship on station during
sampling. Qn-deck sampling equipment includes trawls, hydrographlc
winches, sediment box cores, plankton nets, an underwater camera and
water sampling bottles. Scientific support equipment in the
laboratories includes an autoclave, incubator, water distiller, am
refrigerating units. The ANTELOPE carries a salinometer,
fluorometer, turbidineter, pH meter, microburet titration system for
dissolved oxygen measurements, and eonduotivity-temperature-density
(CTD) system capable of operating to 750 meters depth. To track
samples from the water to the analytical lab and to log
shipboard-generated data, a mini-computer and line printer with an
uninterruptable power supply were added. A cloaed-curcuit TV system
linking the bridge with the after deck aids in proper ship
positioning during sampling.
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During 1979, the first year of operation for ANTELOPE, 16 surveys
were completed at 39 waste disposal sites. In addition to her
routine survey responsibilities, a quick response effort to support
monitoring the Campeche oil spill was conducted in the Gulf of
Mexico during August and September. Between February and
December 1979, the ship occupied 260 stations and 7000 samples
were collected. She traveled a total of 14,926 nautical miles
along the Atlantic and Gulf coasts during 164 operational
days. Figure 2 shows the site locations where the surveys were
conducted.
The ANTELOPE'S mission on the Atlantic, Gulf, and Pacific coasts is
the most comprehensive ocean monitoring program administered by
EPA, Surveys at these ocean dumpsites around the U.S. will yield
scientific data pertinent to the designation of ocean dumping sites
and proper management of these sites under the MPRSA,
21
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r
%
1 OCEAN DISPOSAL SITES SAMPLED
c v i r
%
1979
k
PUERTO RICO
50 rco ;
21-A
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BASELINE AND MONITORING SURVEYS
OF OCEAN SITES FOR SITE DESIGNATION
During 1979 EPA conducted baseline surveys at ocean disposal sites off
the Atlantic and Gulf Coasts of the United States. These oceanographic
surveys at selected locations provide new or additional site-specific
data on proposed ocean durapsites for the purpose of developing an
Environmental Assessment (EA) of the site. An Environmental Impact
Statement (EIS) on proposed designations of most of the sites will also
be written, describing the environment of the site, the types and
quantities of material which the site may receive, and recomending
future monitoring activities at the site. Table VIII lists the Draft
EISs under preparation and their availability dates. The EISs and
information developed through the site designation program will aid EPA
in proper management of these ocean areas so that unreasonable
degradation or unacceptable adverse impacts will not occur.
Ocean disposal site surveys must be as practical, economic, and
site-specific as possible while providing data appropriate to an EA of
the site. It Is not the purpose of the program to measure a large
suite of parameters but to focus on those likely to identify where
impacts may be occurring to the marine environment. The known
characteristics of the site and the composition of the waste which the
site will receive determine which parameters should be measured.
Historical data, other pollutant sources, and the basic physical/chemical
processes of the ocean are also considered in the survey plan.
In most cases EPA conducts both a winter and a summer season survey at
each site. The summer season represents the high temperature period when
the water column is not thoroughly mixed and a thermocline nay develop,
This survey provides the site data when impacts from pollutants may be
most severe. The winter survey occurs during a period of mixing of the
water column and when storms may resuspend the smaller sediment
particles. The possibility of transport of wastes out of the site is
best Investigated during the winter survey,
Some materials disposed in ocean waters are likely to have an effect on
the water column some on the benthic, or bottom, environment. Industrial
wastes and municipal treatment plant wastes require site designation
surveys which concentrate on water column effects. In contrast, dredged
material, for the most part, settles quickly and directly to the bottom
where it is most likely to affect the benthic community.
The baseline survey program in 1979 covered 11 ocean dumping sites, 10 of
them dredged material sites. These sites ranged between 6 meters deep
and 265 meters deep and between 0.15 nautical miles and 35 nautical miles
offshore. The surveys were accomplished by the EPA OSV ANTELOPE,
22
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Three examples of ocean disposal sites sampled in 1979 are: a municipal
site, a shallow dredged material site, and a deepwater dredged material
site,
Municipal Waste_Jjite
The municipal waste durapsite surveyed during 1979 receives up to 27,500
tons of waste a year and is located off the Delaware /Mary land peninsula,
This site also is located in an area under the influence of the Delaware
River. The survey plan illustrates how sampling locations have been
placed to take into account the river flow (Figure 1).
Shallow Water Dredged Material Site
A dredged material dumpaite leas than 15 raetera deep is located on the
continental shelf on the Atlantic Coast of the United States. The
sampling plan of this site is given In Figure 2. The plan takes into
account a prevailing northeasterly bottom current, stations are located
parallel to this current as well as perpendicular to it. This site
receives annually 1 million cu yd. of dredged material; the plan has been
designed to identify bottom transport of dredged material and any
pollutants which may be associated with it.
Deeswater Dredged, Material, Site
The deepest site surveyed in 1979 is a dredged material site located off
the coast of Puerto Rico. The average depth of the site is 265 meters,
but the site itself is small, less than 3-5 ffin*% The survey plan of
the site is given in Figure 3- At this site, too, estimated transport of
sediment is of concern. Water column impacts are also expected to be
greater than at a shallow site because of the greater distance the
materials fall through the water column, therefore, a larger number of
water column parameters were taken,
23
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TABLE VIII
SCHEDULE FCR AVAILABILITY CF DRAFT EISs
Draft EIS
106 Mile Site
Hawaii Dredged Material Site
Region 11 Acid Waste Site
San Francisco Channel Bar
Dredged Material Site
Galveston Dredged Material Site
New York Mud Damp Site
Viegas Pass Dredged Material Site
Moss Landing Dredged Material Site
Columbia River Dredged Material Site
Portland, ME Dredged Material Site
Sabine-Neches Dredged Material Site
Jacksonville Dredged Material Site
Tampa Dredged Material Site
Region n Cellar Dirt Site
Charleston/Savannah Dredged Material
Sites
Loa Angeles Dredged Material Site
New Jersey/Long Island Dredged
Material Sites
San Juan Harbor Dredged Material
Site
Mobile/Gulfport/Pensacola Dredged
Material Sites
San Diego Dredged Material Site
Wilmington Dredged Material Site
Farallon Islands Dredged Material
Site
Humbolt Bay Dredged Material Site
Coos Bay Dredged Material Site
Availability,. Date
6/29/79
11/16/79
12/1V79
8/15/80
10/10/80
11/14/80
12/19/80
1/2/81
2/13/81
3/20/81
4/17/81
5/22/81
6/19/81
7/17/81
8/21/81
10/16/81
11/20/81
12/18/81
1/8/82
2/19/82
3/19/82
4/16/82
5/1V82
6/18/82
24
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ATLANTIC 0 C £ a
PHtLACEPHIA
. Sc'.'.'iGc SL'JCGE
QISFC3AL SITE
Figure 2. Munic-ipal K'sste Oispossl Site
25
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33°50.§'H
SITE CENTER: 3301?.5'H
70°01.5'W
SITE AREA; 21.0 mal2(72.okffl2)
33°45.0'M -
Figure 3. Sampling Locations, Shallow Water Dredge Material Disnos
sposal Site
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K)
Site Center: 10°3 : 1/2 hr. trawl
10
8
O
5
O-
1
o
270°T
10030.7'fi
3
O
O
7
17°29.7'N
1 n mi
Fiqure 4. Deep Water Dredged Material Disposal Site
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ENFORCEMENT
Surveillance and enforcement activities to prevent unlawful dumping
or transportation of materials for dumping, and to assure compliance
with ocean dumping permit conditions are the responsibility of" the
U.S. Coast Guard,
The Coast Guard conducts surveillance of ocean dumping operations by
several methods, including vessel and aircraft patrols, shipriders on
board dumping vessels, in-port boardings and inspections, and Vessel
Traffic Services (VTS) radar. The scheduling of surveillance
resources is aided by a permit condition which requires permittees to
give authorities advance notification prior to commencing any dumping
operations.
During 1979 a total of 679 surveillance missions were conducted
192 on dumps of industrial waste and ^87 on dumps of other wastes,
representing respectively a 64 percent and a 12 percent Coast Guard
surveillance coverage for each of the two categories of wastes. The
missions were accomplished by using 51 vessel patrols, W1 aircraft
patrols, and 187 ship rider operations. The latter method required
in excess of 10rOOO manhours. In addition to all the surveillance
resource hours, another 7,500 administrative manhours were needed at
the field unit and district level.
The Coast Guard published a notice of proposed rulemaking in the
December 13, 1979 Federal Register (W FR 72188) which will require
vessels engaged in ocean dumping activities to be equipped with an
electronic surveillance device, the Ocean Dumping Surveillance System
(ODSS). The device is designed to augment present surveillance
methods so a higher level of surveillance can be achieved and the
total number of resource hours can be reduced. The ODSS includes a
Loran-C receiver for navigation information, a data input section
which provides Information such as permit number and vessel
identification, dump status sensors to determine when dumping is
occurring, and a digital cassette recorder. Tapes produced by the
recorder will be retrieved from the vessels and analyzed at Coast
Guard facilities to determine who dumped and where the dumping
occurred. It is anticipated that the final rule will be published in
early 1980 and be effective by the end of that year.
In calendar year 1979, the Coast Guard referred to EPA regional
offices 3 cases involving 3 alleged violations. All of the
violations were for failure to conduct wood incineration operations
within the authorized ocean dumping site.
The number of cases forwarded to EPA during 1979 is significantly
leas than in previous years. Two factors contribute to this smaller
number. In past years, there had been a high number of alleged
violations for failure to properly notify the Coast Guard in advance
of departure. Discussions between the applicable Coast Guard field
units and the waste transporters involved have led to very good
28
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compliance with this permit provision. Additionally, roost of the
past violations resulted in letters of warning from EPA with
notification that stronger action would be taken in the future.
There were 77 such alleged violations in 1977, two reported in 1978,
and none in 1979-
The second factor concerns fewer violations of the permit provision
establishing the dispersal rate to be used when discharging waste
material. In 1977, there were 126 such reported violations. All
were for permitted activity involving sewage sludge disposal in EPA
Region II (Third Coast Guard District). Permits for sewage sludge
disposal required dispersal of material in the durapsite over a
distance of five nautical miles at a speed not exceeding five knots.
One waste transporter was not complying with the speed and time
requirements tan til the notice of violation was received. In addition
to compliance during 1978 (only four violationsall in 1977were
reported to EPA), a question was raised over the equity of this
dispersal rate. Smaller vessels with less capacity previously had
had to spend a minimum of one hour dumping even though their loads
were less. A new dispersal rate of 15,500 gallons per minute at a
vessel speed of not less than three knots is now incorporated in
permit renewals. This new rate will treat all vessels fairly since
it is dependent on cargo quantity,
In late 1977, EPA Region III initiated enforcement actions against
the City of Philadelphia for failure to comply with their
implementation schedule for phasing out ocean dumping, Following an
adjudioatory hearing, litigation was carried out and in 1978 a fine
of $225,000 was levied against the City. In 1979, the City signed a
consent decree to end ocean dumping by December 31, 1980, and to pay
a fine totaling $2,165,000 (of which $225,000 were for ocean
dumping).
On April 26, 1979, the Department of Justice brought suit in the
Southern New York District on behalf of EPA Region II against the
Westchester County Department of Environmental Facilities for failure
to comply with their implementation schedule for phasing out ocean
dumping. Table VIII identifies enforcement actions taken by EPA
during 1979 and the disposition of each case. Also included are
several cases for which action had been pending from a previous year
and final disposition was made in 1979.
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TABLE IX
ENFORCEMENT ACTIONS
ORDER
NO.
.Region II
78-12
79-1
RESPONDENT"S
NAME
Northeast
Monmouth
Regional
Sewerage
Auth.
City of
Agbury Park
REFERRAL
FROM
EPA
EPA
TYPE OF
VIOLATION
Permit
condition,
Compliance
schedule
Permit
condition,
Compliance
schedule
COMPLAINT
ISSUED
2/22/78
7/17/79
DISPOSITION
DISPOSAL
SITE
Final Order- Sludge
9/2V79
Revision of
schedule
Final Order-
11/8/79
Dumping by
end of 1979
Sewage Sludge
79-2
o
American
Cyanatnid
EPA
Compliance
schedule
7/27/79
Final Order-
12/21/79
$5,000
penalty pay-
ment and
revision of
schedule
Chemical Waste
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APPENDIX
ANNEXES I, II AND III
TO THE CONVENTION ON THE PREVENTION
OF MARINE POLLUTION BY DUMPING WASTES
OTHER MATTER
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AKNEXES
AXKEX 1
1. Qrganohalogen compounds, ,
2. Mercury/ind mercury compounds.
3. Cadmium and cadmium compounds. -
4. Persistent plfistics and other persistent synthetic materials, for
example, netting and ropes, which may float or may remain in suspen-
sion in the sen in such a manner ns to interfere materially xvitb fishing,
navigation or of her legitimnte usesnf the sea_
5. Cnide oil. fuel of], heavy diesel oil, and lubricating oils, hj'draulic
fluids, and any mixtures containing any of tliese, taken on board for
the purpose of dumping,
6, High-level radio-fief ive wastes or other high-level radio-active
matter, defined on public health, biological or other grounds, by the
> competent international body in this field, at, present the International
Atomic Energy Agency, as unsuitable for dumping at sea. >-
?. Materials-in "whatever form (e.g. solids, liquids, semi-liquids,
:rar?j: or in a living stats) produced for biological and chemical war-
fare.
8, The preceding paragraphs of this Annex do not apply to sub-
stances which are rapidly rendered harmless by physical, chemical or
biological processes in the sea provided they do not:
(i) jmke edible marine organisms unpalatable, or
(ii) endanger human health or that of domestic animals.
The. consultntive procedure provided for under Article XLIV should
be followed by a Party if there is doubt about the haitnlessne-ss of the
substance.
9. This Annex does not Apply to wastes or other materials (e.c.
sewsge sludges and dredged spoils) containing the matters referred to
in paragraphs 1-5 above as trace contaminants, Such wastes shnD be
subject "to the provisions of Aimeses II and III as appropriate.
The foDotring substances and materials requiring special care are
listed for the purposes of Article VI (1) (a).
A. Wastes confining significant amounts of the matters listed
:
arsenic
lead I aj^ their compounds
copper
zine
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organosilicon compounds
cyanides
fluorides
pesticides arid'tlieir by-products not covered in Annex I.
B. In the issue of permits lor the dumping of large quantities of
acids and alkalis, con si deration shall be given to the possible presence
in sncli trastes of the substances listed in paragraph A and to the fol-
lowing additional substances:
beryllium ^
chromium I d their compoljrias
nickel f l
vanadium }
C. Containers, scrap metal snd other bulky wastes liable to sink to
the sea bottom which may present a serious obstacle to fishing or
navigation.
D." Radio-active vcastes or other radio-active matter not included in
Annex I, In the issue of permits for the dumping of this im-tler, the
Contracting Pnrties should take full account of the recommendations
of the competent international body in this field, at present the Inter-
nationa] Atomic Energy Agency,
m
Provisions to be considered in establishing criteria governing the
issue of permits for the dumping of matter at sea, taking into account
Article IV(2),include:
A, Characteristics and composition of the -matter
1. Total amount and average composition of matter dumped (e.g.
per year).
2. Form. e.g. solid, sludge; liquid, or gaseous.
3. Properties: physical (e.g. solubility and density), chemical and
biochemical {e,g. oxygen demand, nutrients).and biological (e.g. pres-
ence of viruses, bacteria, yeasts, parasites),
4. Tosicity.
5. Persistence: physical, chemical and biological.
6. Accumulation and bsotransformatioa in biological materials or
sediments.
7. Susceptibility to physical, chemical and biochemical changes and
interaction in the aquatic environment with other dissolved organic
and inorganic materials.
S. Probability of production of taints or other changes reducing
marketability of resources (fish, shellfish, etc.).
B. CJiaracteri.stics of dumping site and method of deposit
1. Location (e.g. co-ordinates of the dumping area, deptb and
distance from the coast), location in relation to other areas (e.g.
amenity areas, spawning, nursery and fishing areas and exploitable
resources).
2. Rate of disposal per specific period (e.g. quantity per day3 per
week, per month).
33
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3. Methods of packaging and containment, if any,
4. Ljitial dilution achieved by proposed method of release.
5. Dispersal characteristics (e.g. effects of currents, tides and wind
on horizontal transport and vertical mixing).
f 6. Water characteristics (e.g. temperature, pH^salinitv, stratifica-
tion, oxygen indices of pollutiondissolved oarjgcn (DO), cliernical
oxygen demand (COD), biochemical oxygen demand (BOD)
nitrogen present in organic and mineral form including ammonia,
suspended matter, other nutrients and productifitj).
7. Bottom characteristics (e.g. topographj, oeochemical and geo-
logical characteristics and biological productivity}.
8, Existence and effects of other dumpings which have been made
in the dumping area (e,g, heavy metal background reading and or-
ganic carbon content),
9, In issuing a permit for dumping, contracting Parties should
consider whether an adequate scientific basis exists for assessing the
consequences of such dumping, as outlined in this Annex, taking
into account seasonal variations.
C. GemrdL considerations and conditions
1. Possible effects on amenities (e.g. presence of floating or stranded
material, turbidity, objectionable odour, discolouration and loam-
ing). "
. 2. Possible effects on marine life, fish and shellfish culture, fish
stocks and fisheries, seaweed harvesting and. culture.
3. Possible effects on other uses of "the sea (e.g. impairment of
trater quality for industrial use, underwater corrosion of structures;
interference with ship operations from floating materials, interfer-
ence trith fishing or navigation through deposit of "waste or solid
objects on the sea floor and protection of areas of special importance
for scientific or conservation purposes).
i. The practical availability of alternative land-based methods of
treatment disposal or elimination, or of treatment to render the mat-
ter less harmful for dumping at sea.
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AMENDMENTS TO TO THE
ON THE OF POLLUTION
BY DUMPING OF AND MATTER
CONCERNING INCINERATION AT SEA
Th_e__follovri.ng paragraph shall be added to Annex I:
10. Paragraphs 1 and 5 of this Annex do not apply to the disposal of
wastes or other matter referred to in these paragraphs by means of
incineration at sea. Incineration of such wastes or other matter at
requires a prior special permit. In the issue of special permits
for incineration the Contracting Parties shall apply the Regulations
for the Control of Incineration of tfastes and Other Hatter at Sea set
forth in the Addendum to this Annex (which shall constitute an
integral part of this Annex) and take full account of the Technical
Guidelines on the Control of Incineration of Wastes and Other fetter
at Sea adopted by the Contracting Parties in consultation,
The following ^paragraph shall beadded to Annex II:
E. In the issue of special permits for the incineration of
substances and materials listed in this Annex, the Contracting
Parties shall apply the Regulations for the Control of Incineration
of Wastes and Other tetter at Sea set forth in the Addendum to Annex
I and take full account of the Technical Guidelines on the Control of
Incineration of Wastes and Other Matter at Sea adopted by Contracting
Parties in consultation, to the extent specified in these Regulations
and Guidelines.
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ADDENDUM
REGULATIONS FOR THE CONTROL OF INCINERATION OF
WASTES AND MATTER AT SEA
PART I
REGULATION 1
For the purposes of this Addendum:
(1) "Marine Incineration facility" means a vessel, platform, or
other man-made structure operating for the purpose of incineration
at sea.
(2) "Incineration at Sea" means the deliberate combustion of wastes
or other matter on marine incineration facilities for the purpose of
their thermal destruction. Activities incidental to the normal
operation of vessels, platforms or other man-made structures are
excluded from the scope of this definition.
HEGULATION 2
(1) Part II of these Regulations shall apply to the following wastes
or other natter:
(a) those referred* to in paragraphs 1 of Annex I;
(b) pesticides and their by-products not covered in Annex I.
(2) Contracting Parties shall first consider the practical
availability of alternative land-based methods of treatment, disposal
or elimination, or of treatment to render the wastes or other matter
less harmful, before issuing a permit for incineration at sea in
accordance with these Regulations. Incineration at sea shall in no
way be interpreted as discouraging progress towards environmentally
better solutions including the development of new techniques .
(3) Incineration at sea of wastes or other matter referred to in
paragraph 10 of Annex I and paragraph E of Annex II, other than those
referred to in paragraph (1) of this Regulation, shall be controlled
to the satisfaction of the Contracting Party issuing the special
permit,
36
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Incineration at sea of tastes or other natter not referred to in
paragraphs (1) and (3) of this Regulation shall be subject to a
general permit.
(5) In the issue of permits referred to in paragraphs (3) and (4) of
this Regulation, the Contracting Parties shall take full account of
all applicable provisions of these Regulations and the Technical
Guidelines on the Control of Incineration of Waste and Other Matter
at Sea for the waste in question.
PART II
3
and Surveys of thg i Jncinera.tion__System
(1) The incineration system for every proposed marine incineration
facility shall be subject to the surveys specified below. In
accordance with Article VII(1) of the Convention, the Contracting
Party which proposes to issue an incineration permit shall ensure
that the surveys of the marine incineration facility to be used have
been completed and the incineration system compiles with the
provisions of these Regulations. If the initial survey is carried
out under the direction of a Contracting Party, a special permit
which specifies the testing requirements, shall be issued by the
Party. The results of each survey shall be recorded in a survey
report.
(a) An initial survey shall be carried out in order to ensure
that during the incineration of waste and other matter
combustion and destruction efficiencies are in excess of
99,9 percent.
(b) As a part of the Initial survey, the State under whose
direction the survey is being carried out shall;
(i) approve the siting, type and manner of use of
temperature measuring devices;
(ii) approve the gas sampling system including probe
locations, analytical devices, and the manner of
recording;
(iii)ensure that approved devices have been installed
to automatically shut off the feed of waste to the
incinerator if the temperature drops below approved
minimum temperatures;
37
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(iv) ensure that there are no means of disposing of
tastes or other matter from the marine Incineration
facility except by means of the incinerator during
normal operations;
(v) approve the devices by which feed rates of waste and
fuel are controlled and recorded;
(vi) confirm the performance of the incineration system by
testing under intensive stack monitoring, including
the measurements Og, CO, C02» nalogenated organic
content, and total hydrocarbon content using wastes
typical of those expected to be incinerated
(c) The incineration system shall be surveyed at least every
two years to ensure that the incinerator continues to
comply with these Regulations. The scope of the biennial
survey shall be based upon an evaluation of operating data
and maintenance records for the previous two years.
(2) Following the satisfactory completion of a survey, a form of
approval shall be issued by a Contracting Party if the incineration
system is found to be in compliance with these Regulations, A copy
of the survey report shall be attached to the form of approval. A
form of approval issued by a Contracting Party shall be recognized by
other Contracting Parties unless there are clear grounds for
believing that the incineration system is not in compliance with
these Regulations. A copy of each form of approval and survey report
shall be submitted to the Organization.
(3) After any survey has been completed, no significant changes
which could affect the performance of the incineration system shall
be made without approval of the Contracting Party which has issued
the fora of approval.
REGULATION 4
Wastes Requiring Special Studies
(1) Where a Contracting Party has doubts as to the thermal
destructibility of the wastes and other matter proposed for
incineration, pilot scale tests shall be undertaken.
38
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(2) Where a Contracting Party proposes to permit incineration of
wastes or other matter over which doubts as to the efficiency of
combustion exist, the incineration system shall be subject to the
intensive stack monitoring as required for the initial
incineration system survey. Consideration shall be given to the
sampling of particulates, taking into account the solid content of
the wastes.
(3) The minimum approved flame temperature shall be that specified
in Regulation 5 unless the results of tests on the marine
incineration facility demonstrate that the required combustion and
destruction efficiency can be achieved at a lower temperature .
(4) The results of special studies referred to in paragraphs (1}(2)
and (3) of this Regulation shall be recorded and attached to the
survey report. A copy shall be sent to the Organ ization .
REGULATION 5
Operational Requirements
(1) The operation of the incineration system shall be controlled so
as to ensure that the incineration of wastes or other matter does not
take place at a flame temperature less than 1250 degrees centigrade,
except as provided for in Regulation 4.
(2} The combustion efficiency shall be at least 99.95+0.05$ based
on:
C C
CO CO
Combustion efficiency: _ g _
C
CO
2
where C = concentration of carbon dioxide in the combustion gases
CO
2
C = concentration of carbon monoxide in the combustion gases
CO
(3> There shall be no black smoke nor flame extension above the
plane of the stack.
The marine incineration facility shall reply promptly to radio
calls at all times during the incineration.
39
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REGULATION 6
Recording Devices and Records
(1) Marine incineration facilities shall utilize recording devices
or methods as approved under Regulation 3- As a minimum, the
following data shall be recorded during each incineration operation
and retained for inspection by the Contracting Party who has issued
the permit:
(a) continuous temperature measurements by approved
temperature measuring devices;
(b) date and time during incineration and record of waste
being incinerated;
(c) vessel position by appropriate navigational means;
(d) feed rates of waste and fuel - for liquid wastes and fuel
the flow rate shall be continuously recorded; the latter
requirement does not apply to vessels operating on or
before 1 January 1979,*
(e) CO and CQj concentration in combustion gases;
(f) vessel's course and speed.
(2) Approval forms issued, copies of survey reports prepared in
accordance with Regulation 3 and copies of incineration permits
issued for the wastes or other matter to be incinerated on the
facility by a Contracting Party shall be kept at the marine
incineration facility.
REGULATION 7
Control over the Nature of Wastes Incinerated,
A permit application for the incineration of wastes or other
natter at shall include information on the characteristics of
wastes or other matter sufficient to comply with the requirements of
Regulation 9.
40
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REGULATION 8
Incineration ..Sites.
(1) Provisions to be considered in establishing criteria governing
the selection of incineration sites shall include, in addition to
those listed in Annex III to the Convention, the following:
(a) the atmospheric dispersal characteristics of the area -
including wind speed and direction, atmospheric stability,
frequency of inversions and fog, precipitation types and
amounts, humidity - in order to determine the potential
impact on the surrounding environment of pollutants
released from the marine incineration facility, giving
particular attention to the possibility of atmospheric
transport of pollutants to coastal areas;
(b) oceanic dispersal charactaristics of the area in order to
evaluate the potential impact of plume interaction with
the water surface;
(c) availability of navigational aids.
(2) The coordinates of permanently designated incineration zones
shall be widely disseminated and communicated to the Organization.
REGULATION 9
Notification
Contracting Parties shall comply with notification procedures
adopted by the Parties in consultation.
41
*U S GOVERNMENT PBlNTIHfi OFFlCZt l^BO 341~082/13
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United States
Environmental Protection
Agency WH 543
Official Business
Penalty for Private Use
S30Q
Special Fourth-Class Hate
Book
Postage and Fees Paid
EPA
Permit No. G-35
Washington DC 20460
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