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Dredging and Disposal of Marine Sediments: Regulations and Guidelines

Dredging of channels and waterways is managed through a combination of federal and state regulatory processes. Federal regulation of dredged material disposal in inland and ocean waters is a shared responsibility of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE). These federal agencies receive their regulatory and oversight authority from a complex set of federal legislation that addresses various aspects of the dredging and disposal of sediments from coastal waters. Additionally, the state(s) responsible for the location of the dredging projects regulate those activities. State coastal zone management policies are developed in accordance with the Coastal Zone Management Act (CZMA). The following is an overview of the regulations and guidelines that apply to dredging and disposal in U.S. coastal waters.

Global Initiatives

The Convention on Prevention of Marine Pollution by the Dumping of Wastes and Other Matter, more commonly referred to as the London Convention, was negotiated in London in November 1972. The U.S. was one of 72 nations to ratify this global treaty, which covers ocean dumping of all materials. The treaty was reviewed and amended, and the "1996 Protocol to the London Convention 1972" was adopted to replace the London Convention. It includes broad guidelines for the assessment and management of dredged material. This framework specifies that all dredged material must be characterized according to its physical and chemical properties. Formal evaluations of the environmental impacts of various disposal options, including monitoring and assessment, must also be undertaken. Many of the signatory members (including the U.S.) have developed their own regulations regarding dredging and disposal. These national regulations must, at a minimum, be equivalent to and contain all the basic constraints set forth in international regulations.

Federal Statutes and Regulations

Marine Protection, Research, and Sanctuaries Act (MPRSA)
The Marine Protection, Research, and Sanctuaries Act (MPRSA) was passed by Congress in 1972 and was amended in 1988 by the Ocean Dumping Act (Ocean Dumping Ban Act). The MPRSA governs ocean disposal and the designation of Ocean Dredged Material Disposal Sites (ODMDS). It regulates the dumping of material, including dredged material, in the oceans and limits or prohibits, as appropriate, the dumping of material that may adversely impact human and environmental health. Section 103 gives the U.S. Environmental Protection Agency the responsibility for designating ocean disposal sites, and the U.S. Army Corps of Engineers the responsibility of issuing permits for ocean dumping of dredged material at these designated sites.

Water Pollution Control Act of 1972 (Clean Water Act)
The Clean Water Act of 1977 amended the Water Pollution Control Act of 1972 and made it illegal to dispose of material in the ocean without a permit. Section 404 governs site designation and the discharge of dredged or fill material into "inland" waters (i.e., inland of and including the territorial sea). It establishes regulations regarding the dumping of dredged material into the ocean and wetlands. It also designates permitting responsibilities for dumping to the U.S. Army Corps of Engineers.

The EPA has developed regulations relating to the implementation of the Clean Water Act (Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material). These regulations provide the criteria used in evaluating discharges of dredged or fill material under section 404 of the Clean Water Act.

National Environmental Policy Act (NEPA)
The National Environmental Policy Act of 1969 provides a framework for the federal planning process that requires federal agencies to consider the environmental impacts of their actions to "prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man." NEPA created the Council on Environmental Quality (CEQ) of the Executive Office of the President of the United States, which creates national policies that promote NEPA and assists federal agencies in implementing NEPA.

Coastal Zone Management Act (CZMA)
The Coastal Zone Management Act (CZMA) was enacted by Congress in 1972. This voluntary program encourages coastal states to develop and implement coastal zone management plans. The plans must be approved by the National Oceanic and Atmospheric Administration (NOAA). Once the state's CZM plan receives federal approval, all federal activities within the coastal zone (including dredging projects that are associated with federal navigation projects) must be consistent with the state's program.

State Coastal Management Plans

States with federally approved coastal management plans have the authority to review federal activities for consistency with their state coastal management plan policies. All dredging programs, from broad-scale federal navigation projects to small-scale private dredging projects, must address the state's coastal management policy. State policies related to dredging and dredged material management vary widely, depending upon the size and amount of projects that occur in each individual state. These are documented in the National Coastal Program Dredging Policies: An Analysis of State, Territory, and Commonwealth Policies Related to Dredging and Dredged Material Management (PDF) developed by NOAA Office of Ocean and Coastal Resource Management.