Regulatory Overview

Framework for Dredged Material Management

May 2004

Potential environmental impacts resulting from dredged material disposal may be

physical, chemical, or biological in nature. Because many of the waterways are located in

industrial and urban areas, sediments often contain contaminants from these sources.

Unless properly managed, dredging and disposal of contaminated sediment can adversely

affect water quality and aquatic or terrestrial organisms. Sound planning, design, and

management of projects are essential if dredged material disposal is to be accomplished

with appropriate environmental protection and in an efficient manner. The selection of a

preferred alternative for dredged material management must be based on a weighing and

balancing of a number of considerations that include environmental acceptability,

technical feasibility, and economics. Although the intended scope of this document is

limited to considerations for determining environmental acceptability, other factors which

must be considered in the decision-making process are also mentioned where appropriate.

1.4 Regulatory Overview

Regulation of dredged material disposal within waters of the United States and

ocean waters is a complex issue and is a shared responsibility of the USEPA and

USACE. The primary Federal environmental statute governing transportation of dredged

material to the ocean for the purpose of disposal is the MPRSA, also called the Ocean

Dumping Act. The primary Federal environmental statute governing the discharge of

dredged or fill material into waters of the United States (inland of and including the

territorial sea) is the Federal Water Pollution Control Act Amendments of 1972, also

called the CWA. The regulatory path for disposal of dredged material in confined

disposal facilities (CDFs) is not as clear (USACE 2003). However, both the CWA and

NEPA provide strong mandates for USACE regulation of placement in CDFs. The

discharge of return flow (effluent and surface runoff) to waters of the United States is

specifically defined as a dredged material discharge under the CWA.

All proposed dredged material disposal activities regulated by the MPRSA and

CWA must also comply with the applicable requirements of NEPA and its implementing

regulations. In addition to MPRSA, CWA, and NEPA, a number of other Federal laws,

Executive orders, etc., must be considered in evaluation of dredging projects. An

overview of MPRSA, CWA, and NEPA is given in the following paragraphs. Additional

discussion of these and other applicable Federal laws is found in Appendix B.

1.4.1 Jurisdiction of MPRSA and CWA

The geographical jurisdictions of the MPRSA and CWA are indicated in Figure

1-1. As shown in Figure 1-1, an overlap of jurisdiction exists within the territorial sea.

The precedence of MPRSA or CWA in the area of the territorial sea is defined in 40 CFR

230.2 (b) and 33 CFR 336.0 (b). Material dredged from waters of the United States and

disposed in the territorial sea is evaluated under MPRSA. In general, dredged material

discharged as fill (e.g., beach nourishment, island creation, or underwater berms) and

placed within the territorial sea is evaluated under the CWA.