The USACE has the authority to maintain navigable waterways through the Rivers and Harbors Act of 1899, and all subsequent WRDAs. Placement of material is regulated by the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act. Operation and Maintenance of USACE Navigation projects is outlined in 33CFR 335-338, which includes a definition of the Federal Standard. A full list of Environmental Laws and Regulations applicable to Dredged and Dredged Material Disposal Activities is listed below:
1. National Environmental Policy Act of 1969
2. Clean Air Act of 1970
- Section 309 requires EPA review of federal action agency NEPA documents
3. Resource Conservation and Recovery Act of 1976
- Dredged material excluded as a hazardous waste through 1998 rule making at 40 CFR 261.4(g)
4. Rivers & Harbors Act of 1899
- Section 10 - Permits for Structures and Activities in Navigable Waters
- Section 13 - Refuse Act. CWA subsumed the permitting provisions of Section 13 into Section 402. Enforcement provision was retained.
5. Federal Water Pollution Control Act of 1972 (amended and renamed the Clean Water Act in1977)
TITLE IV- Permits and Licenses
- Section 401 – Requires water quality “certification” of activities needing a federal license or permit
- Section 402 – NPDES Dredged material excluded at 40 CFR 122.3(b)
- Section 403 - Ocean Discharge Criteria
- Same criteria as at 102 of the ODA
- Section 404 - Permits for Dredged or Fill Material
- 404(b)(1) guidelines developed by EPA in conjunction with Corps requires comparability in testing between Sec 404 and Sec 403 (Legal basis for ITM/OTM single manual)
- Section 405 - Disposal of Sewage Sludge Prohibits disposal in waters absent an EPA Permit
6. Marine Protection, Research, and Sanctuaries Act of 1972 (commonly called the Ocean Dumping Act)
Title I - Ocean Dumping
- Section 102 - EPA permits for everything but dredged material. Currently two fish waste sites. Sinking ships and burial at sea general permitted
- Establish criteria for all waste and consult with Corps for criteria affecting civil works program
- Section 103 – Corps issues permits for transportation for disposal of dredged material
- Must apply EPA 102(a) criteria
- Discharge of fill in territorial sea regulated by CWA
- Disposal of dredged material in territorial sea regulated by 102(a) criteria. See 40 CFR 230.2(b)
7. Coastal Zone Management Act of 1972
- Section 307 - Coordination and Cooperation
8. Endangered Species Act of 1973
- Section 7 - Interagency Cooperation
9. Fish and Wildlife Coordination Acts of 1934, 1956, and 1958
10. National Historic Preservation Acts of 1966 and 1980
11. Submerged Lands Act of 1953
12. Magnuson-Stevens Fishery Conservation and Management Act (MSA)
- Essential Fish Habitat