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Page Title: 1.6.1 Statutory Overview
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must evaluate direct, indirect, and cumulative impacts associated with an action
that may significantly affect the environment (Section 1.6.1); therefore the
USACE must evaluate the potential environmental impacts associated with all
aspects of CDFs to include potential releases of contaminants from all pathways.
Coupled with regulatory application is determining which, if any, permitting
regimes apply to the various contaminant pathways. A purpose of the discussions
in this section is to clarify how the USACE intends to apply the regulatory
regimes to the five contaminant pathways under the jurisdiction of the various
statutes when dredged material is proposed for disposal in CDFs.
1.6.1 Statutory Overview
National Environmental Policy Act (NEPA). NEPA and its implementing
regulations (at 40 CFR 1500-1508) is the basic national charter for protecting the
environment. Assessing the short- and long-term effects of proposed Federal
actions (e.g., proposals, permits, and legislation) is among NEPA's many
requirements. Section 1502.16 requires an assessment of the "(a) Direct effects
and their significance" and the "(b) Indirect effects and their significance."
Importantly, Section 1508.8 requires an evaluation of the "Indirect effects, which
are caused by the action and are later in time or farther removed in distance, but
are still reasonably foreseeable." Furthermore, Section 1508.25 requires that
cumulative impacts, along with direct and indirect impacts, shall be considered in
environmental impact assessments. Cumulative impact (Section 1508.7) "is the
impact on the environment which results from the incremental impact of the
action when added to other past, present, and reasonably foreseeable future
actions regardless of what agency (Federal of non-Federal) or person undertakes
such other actions." When placing dredged material in CDFs, the USACE and
applicants for USACE permits are bound to the fundamental principle that
ensures those discharges into the CDF itself are adequately evaluated and adverse
impacts managed. While NEPA does not require permits, it does, through the
Council on Environmental Quality regulations, require that potential adverse
environmental impacts are evaluated and managed (See 40 CFR 1500.2(e) and
(f), 1502.16, 1505.3 and 1508.8).
Clean Water Act (CWA). The CWA, specifically Section 404 (b)(1),
requires the development and application of environmental guidelines covering a
broad range of effects to human health and ecological systems. The 404(b)(1)
Guidelines (referred to here as the "Guidelines") are at 40 CFR 230 and contain a
number of evaluation provisions applicable when proposing dredged material
disposal in CDFs. Section 230.10(b)(1) prohibits the disposal of dredged material
that might violate applicable water quality standards, after consideration of
disposal site dilution and dispersion. This provision is aimed at the effluent or
runoff discharges from the CDF. That same section requires consideration of
"effects on municipal water supplies" and is reinforced at Section 230.50. This
section specifically addresses municipal and private water supplies including
groundwater, which is a potential concern for the CDF leachate pathway. Section
230.11(h) requires consideration of a broad range of secondary effects from
1-9
Chapter 1
Introduction

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