Designating an Ocean Disposal Site for Dredged Material

The U.S. Army Corps of Engineers (USACE) is responsible for maintaining federal navigation projects that involve dredging and disposing of over 200 million cubic yards of sediment from the nation’s federal navigation channels each year. The USACE, New England District, alone dredges and disposes of over 1 million cubic yards annually. Disposal of this sediment is a challenge; there are limited disposal alternatives and specific regulations associated with each one. Alternatives include upland disposal, various methods for nearshore disposal, beneficial use (where clean sand is often used as a source of beach nourishment), treatment, and ocean disposal. However, the only alternative that provides the capacity for disposal of millions of cubic yards of material at a given site is ocean disposal. Although ocean disposal can be a cost-effective alternative, regulations and public perception result in a very complicated disposal process. To ensure that disposal of any material in U.S. waters is performed in an environmentally conscious manner, there are several federal and state regulations in place.

The primary regulations that apply to the disposal of dredged material in U.S. waters are the Marine Protection, Research and Sanctuaries Act (MPRSA) of 1972 and the Clean Water Act (CWA) of 1972. The jurisdiction of MPRSA and CWA overlaps within the territorial sea, which is defined as the open water within the states’ 3 mile Territorial Limit. In instances where jurisdiction overlaps, the CWA takes precedence when dredged material is used as fill (such as beach nourishment) while MPRSA takes precedence for the disposal of dredged material. These Acts, in concert with the Rivers and Harbors Act of 1899 and the Water Resources Development Act of 1992, implement the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter—known as the London Dumping Convention, an international treaty that guides the disposal of all materials in the marine environment.

The dredged material site designation process can take years and involves a combination of environmental and socioeconomic studies and evaluations. MPRSA provides five general and eleven specific criteria for evaluating and designating ocean disposal sites (40 CFR 228.5 and 40 CFR 228.6). The U.S. Environmental Protection Agency (EPA), in consultation with other federal and state agencies, uses these criteria to perform initial and final screening of areas for possible designation. The process generally culminates in the preparation of an Environmental Impact Statement (EIS) following National Environmental Policy Act (NEPA) guidance, among others. While an EIS is not required under MPRSA, EPA has voluntarily prepared NEPA reviews for its dredged material disposal site designations.

Battelle has worked closely with EPA and USACE on a number of dredged material site designations. For USACE, North Atlantic Division, Battelle conducted more than 20 projects involving sampling and analysis of water and sediments in numerous harbors and rivers throughout the northeast in support of dredged material management. As part of this contract, Battelle prepared the final EIS for the Providence River Harbor and Maintenance Dredging Project for USACE, New England District. This EIS investigates alternative disposal sites, impacts to biological resources (fisheries and benthic invertebrates), and socioeconomic impacts.

Other Battelle projects related to dredged material disposal site designation have included the Historic Area Remediation Site in New York Harbor, Central and Western Long Island Sound Disposal Sites in Long Island Sound, NY, and most recently the long-term Rhode Island Sound Disposal Site in Rhode Island Sound. For each of these projects, Battelle provided field and laboratory support for environmental studies; performed endangered species biological assessments; conducted fish, shellfish, and other biological resource sampling and site characterizations; carried out oceanographic and archaeological surveys and sediment profile sampling; and prepared related NEPA documents. In addition, Battelle provided technical support to USACE and EPA during public meetings.

Battelle’s experience bringing multiple stakeholders together, coupled with our technical knowledge of marine and aquatic resources and regulatory compliance proficiency, has made our participation in site designations beneficial to both EPA and the USACE.

For additional information, please contact Ms. Lisa Lefkovitz at (781) 952-5254, lefkovitz@battelle.org.