1.6.2 Other Regulatory Considerations

However, the nationwide permit does not authorize the disposal of

contaminated sediments at CDFs where there might be release of contaminants

into the environment. In that the discharge is nationwide permitted does not

relieve the USACE or permit applicants from ensuring that contaminants are not

released into the environment either at the effluent discharge point or from the

disposal site proper. In fact, special conditions at 33 CFR 330 require that "any

discharge of dredged or fill material shall consist of suitable material free from

toxic pollutants." Therefore, this manual does apply in cases where contaminated

dredged material is proposed for disposal in a CDF, and there is the potential for

release of contaminants via the five pathways. In the UTM, regulation of the

effluent, runoff, leachate, and seepage fall within the broad purview of the CWA

and NEPA. When effluent, runoff, or leachate pathways are of concern,

evaluations are performed and predicted contaminant concentrations or toxicity

results are compared to applicable standards, considering mixing or attenuation.

Resource Conservation and Recovery Act (RCRA). One of the purposes

of RCRA is to ensure that generated waste "should be treated, stored, or disposed

of so as to minimize the present and future threat to human health and the

environment." Since April 1988, with publication of the USACE maintenance

dredging and disposal regulations at 33 CFR 335-338, the USACE has asserted

that dredged material is not a hazardous waste and should not be regulated under

RCRA (Federal Register Vol 53, No. 80, April 28, 1988, pages 14903 and

14910). Throughout the 1990's, the USACE made a concerted effort to

demonstrate that the CWA/MPRSA protocols provided a level of environmental

protection commensurate with that accorded under RCRA. Based on that

demonstrated experience, the EPA excluded dredged material as a hazardous

waste on 30 November 1998, providing the dredged material is regulated under

either the CWA or MPRSA (Federal Register Vol 63, No. 229, November 30,

1998). The effective rule date was 1 June 1999. Specifically, 40 CFR 261.4 of

that rule provides that dredged material regulated under "a permit that has been

issued under Section 404 of the Federal Water Pollution Control Act (33 U.S.C.

1344) or Section 103 of the Marine Protection, Research, and Sanctuaries Act of

1972 (33 U.S.C. 1413) is not a hazardous waste." The term permit also applies to

congressionally authorized Civil Works projects undertaken by the USACE using

the CWA or MPRSA regulatory regimes.

The RCRA exclusion for dredged material only applies to activities permitted

under either the MPRSA or CWA. Since CDFs would not typically be located in

ocean waters, the protocols of the CWA Guidelines are used in this manual. The

link between the RCRA rule exclusion and CDFs rests with the CWA Section 404

permit required for the effluent discharges from the CDF. Although that

discharge is permitted nationwide at 33 CFR 330.5, the nationwide permit does

not authorize the disposal of contaminated dredged material into a CDF where

there is potential contaminant release to the environment.

1.6.2 Other Regulatory Considerations

Volatile Emissions. Volatile emissions may be of concern for dredged

material containing high concentrations of volatile organic contaminants. Volatile

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Chapter 1

Introduction