LEGISLATIVE TITLE: Marine Protection, Research, and Sanctuaries Act of 1972
UNITED STATES CODE CITATION: 33 U.S.C. §§ 1401- 1445; 16 U.S.C. §§1431 et seq; also 33 U.S.C. 1271
OTHER TITLES AND POPULAR NAMES: Ocean Dumping Act; MPRSA
SUMMARY: The Act regulates the dumping of materials into ocean waters. It prevents, or restricts, dumping of materials that would degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Act provides for a permitting process to control the ocean dumping of dredged material. The Act also establishes the marine sanctuaries program, which designates certain areas of the ocean waters as sanctuaries in order to preserve or restore these areas for their conservation, recreational, ecological, or aesthetic values.
Section 102 (33 U.S.C. 1412) authorizes the Administrator of the Environmental Protection Agency (EPA) to promulgate the ocean dumping criteria, to designate recommended ocean disposal sites, and to issue permits for dumping of materials into ocean waters (except for dredged material, which is regulated by the Corps). Section 103 (33 U.S.C. 1413) authorizes the Secretary of the Army to issue permits for the transportation and disposal of dredged material in ocean waters. The disposal must meet the criteria established by the EPA (40 C.F.R. 227 & 228).
Section 302 (16 U.S.C. 1433) of the Act authorizes the Secretary of Commerce to designate areas as marine sanctuaries for the purpose of preserving or restoring such areas for their conservation, recreational, ecological, or aesthetic values.
Title V of the http://www.usace.army.mil/inet/functions/cw/cecwa/envdref2/pages/wrda1996.htm of 1992 (WRDA 92), "National Contaminated Sediment Assessment and Management Act" (33 U.S.C. 1271) establishes a National Contaminated Sediment Assessment and Management program, and amends a number of sections of the MPRSA.
Section 502(a) (33 U.S.C. 1271) establishes a National Contaminated Sediment Task Force to advise the Secretary of Army and EPA Administrator on implementation of Title V; review reports, programs and pollutants selected for criteria; advise and make recommendations on guidelines and prevention and control measures; and review and advise on means and methods to locate long-term disposal sites. The Administrator and Secretary co-chair the Task force whose membership also includes the National Oceanic and Atmospheric Administration, the U.S. Fish and Wildlife Service, the Geological Survey and the Department of Agriculture. Provisions are made for clerical and technical assistance and compensation of non-Federal members, and the Task Force is directed to provide a report to Congress within two years on findings and recommendations.
The Administrator is directed to conduct a comprehensive survey of aquatic sediment quality in the US, including potential sources of pollution, and within 24 months of enactment to report to Congress on findings with recommendations to prevent contamination. The EPA is also directed to conduct a comprehensive and continuing monitoring program to assess aquatic sediment quality. The monitoring program includes location and extent of pollution; methods and protocols for monitoring; system for data management; assessment of trends over time; identify locations of where pollutants may pose threats to specific resources; establish clearinghouse for information; and, provide a report to Congress on findings within two years.
Section 504(a) amends Sections 103 (c) & (e) of the MPRSA of 1972 (33 U.S.C. 1413(c)) to set procedures and time limits for the Administrator to review and concur with conditions, or nonconcur with a proposed permit by the Secretary for sediment disposal. The permit cannot be issued if a "nonconcur" is issued. If a "concur with conditions" determination is made, the permit issued has to include the specific conditions and require compliance.
Section 505 amends Section 106(d) of the MPRSA of 1972 (33 U.S.C. 1416(d)) to define the applicability of State rules and establish an exception for Federal projects.
The Administrator is directed to designate sites or time periods for dumping, and in conjunction with Secretary, to develop a site management plan for each designated site and describe what should be included in plan and periodic review time frames (33 U.S.C. 1412(c)). A deadline of 1 January 1997 is established for development of management plans at all sites. These amendments also establish a basis for selection and time limits on use of "alternative" disposal sites, designated by the Secretary (33 U.S.C. 1413(b)), provide provisions to ensure consistency with site management plans as part of permit conditions, and to set a time limit of 7 years for permits (33 U.S..C. 141(a)(4)), and establish criminal penalties for violation of provisions and authorize seizure and forfeiture of vessels involved in violation (33 U.S.C. 1415(b).
Existing reports required to Congress will include a description of permits issued under this title, including number of permits issued with concurrence of EPA, as well as, actions taken for each permit, and descriptive information on permitted site, material disposed and management practices implemented (33 U.S.C. 1412)
RESOURCES COVERED: Marine resources in ocean waters.
COMPLIANCE REQUIREMENTS: For projects involving transportation of dredged material through the territorial sea for the purpose of ocean disposal, or involving dredged material disposal within the territorial seas for the primary purpose of disposal, the discharge will be evaluated under Section 103 of the MPRSA. The disposal must meet the criteria established by the EPA (40 C.F.R. 227 & 228). Procedures for evaluating the potential contaminant-related impacts of disposing dredged material in the ocean are contained in the "Evaluation of Dredged Material Proposed for Ocean Disposal -Testing Manual" ( EPA/COE-503/8-91/001). The Corps will generally utilize ocean disposal sites designated by the EPA to the maximum extent practical. Where no EPA designated site is available, the Corps may select a suitable ocean disposal site or sites using procedures and outlined criteria in 40 C.F.R. 228.4(e), 228.5 and 228.6. Potential ocean disposal sites will be specified in feasibility reports and, to the fullest extent practicable, the Section 103 evaluation will be completed during the feasibility study. (ER 1105-2-100). Efforts are currently underway to develop joint guidance between the Corps and EPA on site management plans and monitoring pursuant to 33 U.S.C. 1271 et seq.
Activities in sanctuary areas may be authorized only if the Secretary of Commerce certifies that the activities are consistent with Title III of the Act and can be carried out within in the regulations for the sanctuary.
REVIEW AND CONSULTATION REQUIREMENTS
Who Reviews or Consults: Environmental Protection Agency (EPA), Army Corps of Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), States (if within State's jurisdiction). With a few exceptions, states normally have control over the sea out to the three mile limit.
Process and Product: EPA is responsible for issuing permits for the disposal of non-dredged materials in ocean waters. The Corps is responsible for issuing permits for the transportation and disposal of dredged material for disposal in ocean waters. The Corps shall apply the same testing criteria for the issuance of permits as EPA, and will issue permits in consultation with EPA and with any State having jurisdiction over the disposal site.
Timing/Schedule: Permits issued under this Act are limited to 7 years.
CORPS GUIDANCE:
Civil Works Planning: ER 1105-2-100, Guidance for Conducting Civil Works Planning Studies; Dredging Guidance Letter 19 September 1989; EPA/COE-503/8-91/001, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual, February 199; Policy Guidance Letter Number 22, Guidance for Placement of Material on Beaches (CECW-PA/CECW-PE); Policy Guidance Letter Number 27, Beach Fill Shore Protection Policies and Non-Federal Responsibilities and Use of PL 84-99 Funds (CECW-PA/OE); ER 1130-2-307, Dredging Policies and Practices; EC 1165-2-200, Implementation Guidance on Dredged Material Management Plans.
Civil Works Engineering: ER 1110-2-1150, Engineering and Design for Civil Works; Dredging Guidance Letter 19 September 1989; EPA/COE-503/8-91/001, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual February 1991; Policy Guidance Letter Number 22, Guidance for Placement of Material on Beaches; Policy Guidance Letter Number 27, Beach Fill Shore Protection Policies and Non-Federal Responsibilities and Use of PL 84-99 Funds; ER 1130-2-307, Dredging Policies and Practices
Civil Works Construction: Dredging Guidance Letter 19 September 1989; EPA/COE-503/8-91/001, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual February 1991; Policy Guidance Letter Number 22, Guidance for Placement of Material on Beaches; Policy Guidance Letter Number 27, Beach Fill Shore Protection Policies and Non-Federal Responsibilities and Use of PL 84-99 Funds; ER 1130-2-307, Dredging Policies and Practices.
Civil Works Operations: Dredging Guidance Letter 19 September 1989; EPA/COE-503/8-91/001, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual February 1991; Policy Guidance Letter Number 22, Guidance for Placement of Material on Beaches; Policy Guidance Letter Number 27, Beach Fill Shore Protection Policies and Non-Federal Responsibilities and Use of PL 84-99 Funds; ER 1130-2-307, Dredging Policies and Practices; EC 1165-2-200, Implementation Guidance on Dredged Material Management Plans.
Regulatory: 33 C.F.R. 209, 335, 336, 337, and 338, Final Rule for O&M of Army Corps of Engineers Civil Works Projects Involving the Discharge of Dredged Material into Waters of the U.S. or Ocean Waters; Regulatory Guidance Letter 83-3, Section 103 versus Section 404 in the Territorial Seas, 28 February 1983; 33 C.F.R. 320, 322, 324-327, 330; EPA/COE-503/8-91/001, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual February 1991. EC 1165-2-200, Implementation Guidance on Dredged Material Management Plans.
FOR MORE INFORMATION SEE: http://www.usace.army.mil/inet/functions/cw/cecwa/envdref2/pages/cwa.htm, Water Resources Development Act of 1992
IMPLEMENTING GUIDANCE OF OTHER AGENCIES
Agency: Environmental Protection Agency
Guidance Title: Guidance Manual: Bedded Sediment Bioaccumulation Tests September 1989; EPA/COE-503/8-91/001, Evaluation of Dredged Material Proposed for Ocean Disposal: Testing Manual February 1991
Code of Federal Regulations Citation: 40 C.F.R. 220-228. 33 C.F.R. 209, 320, 322, 324-327, 330, 335, 336, 337, and 338, Final Rule for Operation and Maintenance of Army Corps of Engineers Civil Works Projects Involving the Discharge of Dredged Material into Waters of the U.S. or Ocean Waters.
MANAGEMENT OPPORTUNITIES: Protection of marine resources, research on impacts and disposal management practices, management of disposal sites and disposal methods are part of the Corps responsibilities for stewardship of marine resources. The Corps can utilize appropriate opportunities to support the goals of this Act as part of Civil Works initiatives.