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36 licensed motor carriers and are paid by the dray. The market the policy is not unexpected, although the total cost may is highly competitive and, as a result, drayage truckers earn in- ultimately be higher or lower than current projections. The comes below those of truckers in other comparable markets.33 effects of the concessions requirements, if allowed, could be In justifying this requirement, the Port of Los Angeles said that unexpected because such a provision is unprecedented in requiring carriers to use employee drivers would enable the the United States. port to hold carriers accountable for maintaining trucks and for employing properly credentialed drivers. The port also ar- Restrictions on Disposal gued that the requirement would reduce the number of trucks of Port Dredging Spoil needed to provide drayage.34 The concession requirements, and the employee driver Policy Description provision in particular, have prompted legal challenges by To maintain adequate channel depths for shipping, the U.S. ATA and the Federal Maritime Commission (FMC). At pres- Army Corps of Engineers (USACE) is responsible for dredg- ent, both ports have implemented the initial phase of the ing major navigation routes. The disposal of dredged material, Clean Truck Program, which includes the ban on pre-1989 trucks and the requirement for carriers to obtain concession known as dredging spoil, has often been a contentious issue agreements. In addition, all trucks entering port terminals and one affected by multiple policy decisions. Dredged mate- must be registered in the ports' Drayage Truck Registry. rial may contain industrial contaminants that have built up in the sediment of navigation channels. On-land disposal of this material may affect local habitats. Ocean disposal of dredged Policy Impacts material may affect fish habitats, water quality, and other as- The Ports of Los Angeles and Long Beach commissioned pects of the marine environment. studies to estimate the likely impacts of the Clean Truck Pro- Regulation of the disposal of dredging spoil is a shared re- gram on the drayage fleet, on the competitiveness of the ports, sponsibility between EPA and USACE. After USACE has and on the freight transportation system in general. These approved a project from an economic and engineering per- analyses considered not just the environmental provisions but spective and prepared a dredging management plan, EPA also the other provisions of the program.35 These analyses pre- must still approve the disposal of the dredging spoil. Disposal dicted that the Clean Truck Program would result in the clo- of dredged material into inland waters is governed by Section sure of some carriers and an increase in the cost of drayage 404 of the Clean Water Act (CWA). Disposal of dredged ma- service. One analysis, commissioned by the Port of Los Ange- terial into ocean waters is governed by the Marine Protection, les, estimated that drayage costs would increase by $1.1 billion Research and Sanctuaries Act, also known as the Ocean per year at the Port of Los Angeles alone.36 For the state Dumping Act. State and local authorities also get involved in drayage truck rule, CARB estimated that 23,000 to 32,000 these decisions when they oppose disposal sites that are under drayage trucks will be subject to vehicle retrofit and replace- consideration. ment requirements at a total cost of $1.1 and $1.5 billion.37 If an area has been designated a Superfund site, USACE sus- The cost to an individual truck owner would be approximately pends dredging maintenance activities in that portion of the $10,000 if covered under Phase I (primarily retrofits) or river until after a Record of Decision (ROD) has been signed $33,000 if covered under Phase II (vehicle replacement). and remedial actions have been completed by the principal re- sponsible parties under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). Unexpected Impacts Interpretation of the Resource Conservation and Recovery The ports have studied the potential impacts of this pol- Act (RCRA) is another source of legal complexity in the disposal icy extensively. The increase in drayage costs resulting from of dredging materials. The USACE policy is that dredged materials are not a solid waste and thus not subject to solid waste regulations under RCRA. Some Federal and state 33Boston Consulting Group, "San Pedro Bay Ports Clean Truck Program: CTP agencies do not concur with this policy. As a result, there is Options Analysis," prepared for the Port of Los Angeles, March 2008, p.4, a considerable amount of confusion about the application http://www.portoflosangeles.org/CAAP/CTP_Analysis.pdf 34Port of Los Angeles, "Los Angeles Harbor Commission Approves Clean Truck of solid waste regulations to contaminated sediments in Program Concession Agreement," May 15, 2008. different states.38 35For a list of relevant studies, see p. 37 of the Boston Consulting Group's March 2008 analysis, http://www.portoflosangeles.org/CAAP/CTP_Analysis.pdf 36Boston Consulting Group, p. 80. 37CARB, Technical Support Document: Regulation to Control Emissions from In- 38Great Lakes Dredging Team, Decision Making Process For Dredged Material Use On-Road Diesel-Fueled Heavy Duty Drayage Trucks, October 2007. Management, October 13, 1998.