Contaminated Sediments in Ports and Waterways Cleanup Strategies and Technologies (1997) / Chapter Skim
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3 Forces Influencing Decision Making
3 Forces Influencing Decision Making
Pages 44-61
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From page 44... ...
All four themes require attention in the development of an effective management strategy: • regulatory realities • stakeholder interests • site-specific considerations • remediation technologies These four themes respond generally to the challenges outlined in Chapter 1 (regulatory and legal, political, chemical, and management and technological) , although there is not always a one-to-one relationship.1 The themes also come into play repeatedly in the conceptual management process outlined in Chapter 2.
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From page 45... ...
In combination, these themes address key aspects of the committee's charge, particularly the tasks of assessing the best management practices and addressing how information about risks, costs, and benefits can be used to guide decision making. The remainder of this report is devoted to an examination of the four essential considerations and an analysis of the issues requiring attention and the opportunities for formal changes that could facilitate the management of contaminated sediments in general.
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From page 46... ...
, the committee determined that the current regulatory scheme does not always promote efficient, cost-effective solutions to problems of contaminated sediments. A fundamental flaw is the apparent inability of regulatory agencies to implement mandated procedures designed to ensure that management decisions reflect an appropriate balance of risks, costs, and benefits.
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From page 47... ...
Although inconsistency alone is not necessarily a major problem, when it is coupled with insufficient attention to risk, it can impede the cost-effective management of contaminated sediments. Cost effectiveness is further impeded by the failure of the MPRSA and Superfund to consider fully the practicality of remedial alternatives, including their economic and technological viability.
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From page 48... ...
, and the EPA has proposed a national strategy for managing contaminated sediments to promote greater consistency in the evaluation and regulation of contaminated sediments with other EPA programs (EPA, 1994) .4 However, the diverse statutes under which the EPA and USACE operate often impose different constraints on the ability of regulators to balance overall risks, costs, and benefits.
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From page 49... ...
Superfund remedial response can often take many years to identify and implement. Permit decisions under the MPRSA and CWA can be made within a few months of the application when small quantities of uncontaminated dredged material are involved and placement alternatives are identified, but decision making can take many years for larger navigation dredging projects or for projects with complex problems of sediment placement.
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From page 50... ...
Ports are not required to share directly in the costs of maintenance dredging, but federal requirements under WRDA 1986 compel local sponsors to share in the costs of new-work dredging, with the percentage depending on channel depth. This distinction between the two types of dredging may not be justified economically.
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From page 51... ...
Shortage of Placement Space Even if the changes outlined above were made, there would still be the problem of limited placement space for contaminated dredged materials, an issue that defies easy answers.7 Large coastal ports, as well as owners of marine terminals and small private berths, are finding it increasingly difficult to find space for the placement of sediments unsuitable for open-water disposal. Although the development of risk-based strategies for regulating the placement of contaminants in dredged material may reduce the quantity of material requiring land-based management, local ports and other private dredging proponents will always be faced with a shortage of placement sites on land.
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From page 52... ...
The regulations do not address the management of contaminated sediments in detail, but DMMPs can include consideration of technologies for the treatment and management of contaminated sediments. The National Dredging Team soon will issue parallel guidelines for the development of long-term DMMPs that will complement the USACE regulations and directly involve the federal and state agencies serving on the regional dredging teams.
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From page 53... ...
Although these diverse interest groups initially may hold widely varying positions on contaminated sediment issues, including being wholly misinformed about the range of management issues, they must all be considered to ensure public acceptance, expedite action, and maximize prospects for long-term success. Phases of Involvement Chances for successful site management are enhanced if stakeholder involvement begins early and continues throughout the decision-making process.
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From page 54... ...
Early involvement of stakeholders cannot guarantee success. Increasingly, contaminated sediments are being managed in complex, changing social and political settings marked by the emergence of nontraditional stakeholders.
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From page 55... ...
In these cases, decisions must be made, even if disagreements remain. Risk Communication The management of contaminated sediments requires the active participation of diverse stakeholders from the onset of the decision-making process, even though conflicts are virtually unavoidable and, therefore, must be addressed directly.
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From page 56... ...
Research has shown that some contaminated materials can be reused safely without being completely isolated from the surrounding environment, as long as the site is managed properly. Heavy-metal-contaminated dredged material from Black Rock Harbor, Connecticut, was used to create a wetland, which was gradually covered with dense vegetation.
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From page 57... ...
. Although there are no guidelines for the reuse of contaminated sediments, limited research, prompted by the shortage of storage space for dredged material and the new EPA regulations, is under way on the safe, beneficial use of contaminated material.
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From page 58... ...
. Another set of projects with the USACE New York District is evaluating the use of more highly contaminated sediments as well as posttreatment residues for use as soil, road aggregates, and building blocks (C.R.
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From page 59... ...
Lost value or unavoidable impacts may be offset, however, through off-site mitigation, which involves providing alternative resources to injured parties. In the Waukegan Harbor case history, for example, the containment area selected for the contaminated sediments was occupied by a recreational marina.
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From page 60... ...
Fall-back measures must be developed in case initial efforts are unsuccessful, and appropriate legal safeguards must be established to ensure that mitigation measures cannot be undone and that newly created areas are not contaminated or disturbed in the future. SUMMARY A number of important findings emerged from the committee's analysis of the regulatory framework for the management of contaminated sediments and the many issues related to stakeholder interests.
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From page 61... ...
Some contaminated sites have been successfully transformed into wetlands, and productive research is under way on the safe use of contaminated sediments for various purposes. However, funding for this type of research is limited.
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