Overview of CWA (cont.)

Framework for Dredged Material Management

May 2004

or project proponent or are beyond the jurisdiction of the lead agency. The Council on

Environmental Quality (CEQ) regulations for implementing the procedural provisions of

NEPA are found at 40 CFR 1500-1508. For USACE dredging projects, the USACE is

responsible under NEPA for developing alternatives for the discharge of dredged

material, including all facets of the dredging and discharge operation, including cost,

technical feasibility, and overall environmental protection. The USACE regulations

provide that the preferred alternative must be the least costly plan that is consistent with

environmental statutes, as set forth in the National Economic Development (NED) Plan

for new work projects (ER 1105-2-100) or as the Federal Standard for required

maintenance dredging of existing projects (33 CFR 335-338). Compliance with the

environmental Criteria of the MPRSA and/or with the CWA Section 404(b)(1)

Guidelines is a controlling factor used by the USACE in determining the environmental

acceptability of disposal alternatives.

Both the MPRSA and CWA specify similar approaches in evaluating potential

environmental impacts of dredged material discharged in ocean waters or waters of the

United States, respectively. In many regards, these same evaluations provide essential

input in meeting overall NEPA requirements. However, procedural implementation of the

three environmental statutes has evolved more or less separately over time, and

substantial inconsistencies have, in turn, developed particularly in the alternatives

evaluations required by these environmental statutes. For example, while NEPA, CWA,

and MPRSA all require both a detailed evaluation of alternatives to the proposed action

and preparation of appropriate NEPA documentation, present guidance does not provide

clear technical and/or procedural guidance for how such evaluations are to be undertaken.