iVj'/ DREDGING AND ITS IMPACT
^
Y4.M 53:103-101
LING
Dredging and Its Inpact/ Serial Ko — the
SUBCOMMITTEE ON MERCHANT MARINE
OF THE
COMMITTEE ON
MERCHANT MARINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
DREDGING AND THE VITAL ROLE U.S. PORTS PLAY IN
THE NATIONAL ECONOMY, AND USING WISE ENVI-
RONMENTAL PRACTICES IN DREDGING
JUNE 16, 1994
Serial No. 103-101
Printed for the use of the Committee on Merchant Marine and Fisheries
U.S. GOVERNMENT PRINTING OFFICE
81-949CC WASHINGTON : 1994
5 P^",
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-044827-1
DREDGING AND ITS IMPACT
Y 4, M 53: 103-101
:ING
Dredging and Its Inpactf Serial Ko — the
SUBCOMMITTEE ON MERCHANT :\IARIXE
OF THE
COMMITTEE ON
MERCHANT MARINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
DREDGING AND THE VITAL ROLE U.S. PORTS PLAY IN
THE NATIONAL ECONOMY, AND USING WISE ENVI-
RONMENTAL PRACTICES IN DREDGING
JUNE 16, 1994
Serial No. 103-101
Printed for the use of the Committee on Merchant Marine and Fisheries
•^""''iii/Mif^..^:..
OCT
5 J^C-r
U.S. GOVERNMENT PRINTING OFFICE
81-949CC WASHINGTON : 1994
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-044827-1
COMMITTEE ON MERCHANT MARINE AND FISHERIES
GERRY E. STUDDS, Massachusetts, Chairman
WILLIAM J. HUGHES, New Jersey
EARL HUTTO, Florida
W.J. (BILLY) TAUZIN, Louisiana
WILLIAM O. LIPINSKI, Illinois
SOLOMON P. ORTIZ, Texas
THOMAS J. MANTON, New York
OWEN B. PICKETT, Virginia
GEORGE J. HOCHBRUECKNER, New York
FRANK PALLONE, Jr., New Jersey
GREG LAUGHLIN, Texas
JOLENE UNSOELD, Washington
GENE TAYLOR, Mississippi
JACK REED, Rhode Island
H. MARTIN LANCASTER, North CaroUna
THOMAS H. ANDREWS, Maine
ELIZABETH FURSE, Oregon
LYNN SCHENK, California
GENE GREEN, Texas
ALCEE L. HASTINGS, Florida
DAN HAMBURG, California
BLANCHE M. LAMBERT, Arkansas
ANNA G. ESHOO, CaUfornia
THOMAS J. BARLOW, III, Kentucky
BART STUPAK, Michigan
BENNIE G. THOMPSON, Mississippi
MARIA CANTWELL, Washington
PETER DEUTSCH, Florida
GARY L. ACKERMAN, New York
Jeffrey R. Pike, Chief of Staff
Thomas R. Kitsos, Chief Counsel
Mary J. Fusco Kitsos, Chief Clerk
Harry F. Burroughs, Minority Staff Director
JACK FIELDS, Texas
DON YOUNG, Alaska
HERBERT H. BATEMAN, Virginia
JIM SAXTON, New Jersey
HOWARD COBLE, North Carolina
CURT WELDON, Pennsylvania
JAMES M. INHOFE, Oklahoma
ARTHUR RAVENEL, Jr., South CaroUna
WAYNE T. GILCHREST, Maryland
RANDY "DUKE" CUNNINGHAM, CaUfornia
JACK KINGSTON, Georgia
TILLIE K. FOWLER, Florida
MICHAEL N. CASTLE, Delaware
PETER T. KING, New York
LINCOLN DIAZ-BALART, Florida
RICHARD W. POMBO, CaUfornia
HELEN DELICH BENTLEY, Maryland
CHARLES H. TAYLOR, North CaroUna
PETER G. TORKILDSEN, Massachusetts
Subcommittee on Merchant Marine
WILLIAM O. LIPINSKI, IlUnois, Chairman
OWEN B. PICKETT, Virginia
GENE TAYLOR, Mississippi
THOMAS H. ANDREWS, Maine
LYNN SCHENK, California
GENE GREEN, Texas
ALCEE L. HASTINGS, Florida
JACK REED, Rhode Island
ELIZABETH FURSE, Oregon
BART STUPAK, Michigan
THOMAS J. MANTON, New York
GARY L. ACKERMAN, New York
BENNIE G. THOMPSON, Mississippi
GERRY E. STUDDS, Massachusetts
(Ex Officio)
Keith Lesnick, Staff Director
Natalie Hidalgo Stuber, Professional Staff
John C. Rayfield, Minority Professional Staff
HERBERT H. BATEMAN, Virginia
JAMES M. INHOFE, Oklahoma
RANDY "DUKE" CUNNINGHAM, California
JACK KINGSTON, Georgia
TILLIE K. FOWLER, Florida
PETER T. KING, New York
LINCOLN DIAZ-BALART, Florida
HELEN DELICH BENTLEY, Maryland
JACK FIELDS, Texas (Ex Officio)
(II)
CONTENTS
Page
Hearing held June 16, 1994 1
Statement of:
Bateman, Hon. Herbert, a U.S. Representative from Virginia, and Rank-
ing Minority Member, Subcommittee on Merchant Marine 2
Bowers, John, Sr., President, International Longshoreman's Association .. 26
Prepared statement 89
Capo, James A., President, New York Shipping Association, Inc 32
Prepared statement 118
Davis, Michael, Assistant for Regulatory Programs, Office of Assistant
Secretary for Civil Works, Department of the Army 44
Diaz-Balart, Hon. Lincoln, a U.S. Representative from Florida 2
Fields, Hon. Jack, a U.S. Representative from Texas, and Ranking Minor-
ity Member, Committee on Merchant Marine and Fisheries 14
Fields, Jack L., Assistant Vice President, Intermodail Sales and Service,
Atchison, Topeka & Santa Fe Railway Company 30
Prepared statement 112
Green, Hon. Grene, a U.S. Representative from Texas 14
Huerta, Michael, Associate Deputy Secretary, Director, Office of
Intermodalism, U.S. Department of Transportation 10
Lipinski, Hon. William O., a U.S. Representative from Illinois, and Chair-
man, Subcommittee on Merchant Marine 1
Loftus, John F., Seaport Director, Toledo-Lucas County Port Authority,
representing the American Great Lakes Ports 23
Prepared statement 66
Menendez, Hon. Robert, a U.S. Representative from New Jersey 6
Prepared statement 40
Pallone, Hon. Frank, a U.S. Representative from New Jersey 4
Pentimonti, Gene, Vice President, Government Services, American Presi-
dent Lines, and Vice President, Military Affairs, American President
Companies 27
Prepared statement 101
Pickett, Hon. Owen, a U.S. Representative from Virginia, and Ranking
Majority Member, Subcommittee on Merchant Marine 2
Rees, Dr. Morgan R., Deputy Assistant Secretary, Planning PoUcy and
Legislation, Office of Assistant Secretary of the Army for Civil Works ... 11
Prepared statement 44
Roberts, Charles R., Executive Director, Port of Oakland, representing
the American Association of Port Authorities 21
Prepared statement 58
Sickles, Mark, Executive Director, Dredging Contractors of America 34
Prepared statement 133
Additional material supplied:
Capo, James A.:
Additional question answered for the record 132
Article : "CN Upbeat About Intermodal's Continued Growth" 130
Article: "Halifax Port Tonnage on the Rise" 128
Loftus, John M.:
Article from Seaway Review entitled, "Modal shift study findings
favorable to maritime transportation" 74
Paper: "The Economic Impacts of the Great Lakes/Saint Lawrence
Seaway System" 77
Pentimonti, Gene :
Answers to additional questions Ill
Carriers in support of American Lines' statement 110
(III)
IV
Page
Additional material supplied — Continued
Rees, Dr. Morgan R. (Army, Civil Works): Answers to questions for the
record 140
Roberts, Charles R.: Summary of AAPA National Dredging Policy 144
Communications submitted:
Adamkus, Valdas (EPA): Letter of April 8, 1994, to Col. Walter C.
Neitzke(COE) A";—;-,- ^^
Bohnsack, Fran: Letter of June 8, 1994, to Carl Sobremisana (MarAd) 142
Hull, Wilham S. (Hampton Roads Maritime Assn.): Letter of June 14,
1994, to Carl Sobremisana (MarAd) 37
Loftus, John M.: Letter of July 27, 1994, to Hon. William O. Lipinski
with answers to questions submitted 137
DREDGING AND ITS IMPACT
THURSDAY, JUNE 16, 1994
House of Representatives,
Subcommittee on Merchant Marine,
Committee on Merchant Marine and Fisheries,
Washington, DC.
The Subcommittee met, pursuant to call, at 10:10 a.m., in room
1334, Longworth House Office Building, Hon. William O. Lipinski
(Chairman of the Subcommittee) presiding.
Present: Representatives Lipinski, Pickett, Taylor, Bateman,
Kingston, Fowler, and Diaz-Balart.
Also Present: Representative Pallone.
Subcommittee Staff Present: Keith Lesnick, Staff Director;
Randy Morris, Clerk; Fred Zeytoonjian, Counsel; Natalie Hidalgo,
Professional Staff; John Rayfield, Minority Counsel.
Full Committee Staff Present: Carl W. Bentzel, Counsel; Sue
Waldron, Press Assistant; Kip Robinson, Minority Counsel; and
Margherita Woods, Minority Staff Assistant.
STATEMENT OF HON. WILLIAM LIPINSKI, A U.S. REPRESENTA-
TIVE FROM ILLINOIS, AND CHAIRMAN, SUBCOMMITTEE ON
MERCHANT MARINE
Mr. Lipinski. Good morning. I am pleased to welcome you all to
the first hearing in a series of Subcommittee hearings on the topic
of dredging and the vital role U.S. ports play in our national econ-
omy.
My thanks to our witnesses who are taking the time to appear
here today to educate our Members on this issue. I want to extend
a special welcome to the gentleman from New Jersey for testifying
today. I know of his interest in this topic on the Public Works Com-
mittee, and I share his view that many of our regulations are too
burdensome and do not accomplish the goals they were to meet.
I support a cleaner environment. My voting record reflects my
concern for clean air and water, but I believe that many of our
good-natured attempts to protect the environment with regard to
dredged materials have accomplished only one thing. They have
hampered growth, and the growth of commerce means jobs for
Americans.
I applaud the work of the President's Interagency Working
Group on dredging and the American Association of Port Authori-
ties' proposal for a national dredging policy. I want to bring the in-
terested parties together so we can arrive at a consensus for action
on a solution that is long, long overdue.
(1)
The Chair will now recognize the Ranking Member of the Com-
mittee, Mr. Bateman.
STATEMENT OF HON. HERBERT BATEMAN, A U.S. REPRESENT-
ATIVE FROM VIRGINIA, AND RANKING MINORITY MEMBER,
SUBCOMMITTEE ON MERCHANT MARINE
Mr. Bateman. My apologies for being late. I have an opening
statement, but I ask unanimous consent that it appear in the
record without my taking the Committee's time with it.
Mr. LiPlNSKl. No objection. It will be included in the record.
[The statement follows:]
Statement of Hon. Herbert H. Bateman, a U.S. Representative from Virginia,
AND Ranking Minority Member, Subcommittee on Merchant Marine
Mr. Chairman, I want to commend you for holding this hearing today. Though the
Port of Hampton Roads has no immediate dredging problems to contend with, I am
aware of how complicated the Federal permit process is, and I am always willing
to hear ways that it can be simplified, and made more efficient.
I am particularly interested in how the process can be simplified for small ports
and harbors. These projects are important to the health of our regional economies,
and can often take years to get approved.
Ports are the vital links through which international trade is conducted, and as
world markets become more intertwined, an adequate and efficient port system be-
comes more crucial to our trading success.
I look forward to what our witnesses have to say today.
STATEMENT OF HON. OWEN PICKETT, A U.S.
REPRESENTATIVE FROM VIRGINIA
Mr. LiPlNSKl. Mr, Pickett, do you have an opening statement?
Mr, Pickett, Not an opening statement as such, but I did receive
yesterday a communication from William Hull, the Chairman of
the Harbor Anchorage Dredging Committee of the Hampton Roads
Maritime Association which was directed to the maritime adminis-
tration concerning the option paper developed by the interagency
working group on the dredging process.
The Hampton Roads Maritime Association has taken a position
on the option paper that is particularly relevant for today's discus-
sion, and I ask unanimous consent the association's comments be
made a part of the hearing record on the economics of dredging.
Mr, LiPlNSKi. Without objection, so ordered.
[The information may be found at end of hearing.]
STATEMENT OF HON. LINCOLN DIAZ-BALART, A U.S.
REPRESENTATIVE FROM FLORIDA
Mr. LiPiNSKl. Mr. Diaz-Balart, do you have an opening state-
ment?
Mr. Diaz-Balart. I want to commend you for holding this impor-
tant hearing on dredging. It is a topic of great concern to my State
and to my community. I look forward to listening to Mr. Menendez,
who also has a great interest in our ports.
I would request unanimous consent, Mr. Chairman, to revise and
extend my remarks for the record,
Mr. LiPiNSKl. Without objection, so ordered.
Mr, Diaz-Balart, Thank you. I would simply state, without
going into depth with regard to our most unique concern in our
area, that dredging is something that has been overlooked for a
long period of time. The Miami River has not been dredged in over
60 years and the Army Corps of Engineers is reporting sediments
are narrowing the navigable channel by as much as a foot per year.
In places where the river is only 90 feet wide and vessels as wide
as 50 feet routinely traverse the river, the loss of even one foot cre-
ates critical congestion.
The loss of navigable area in the river presents a very serious
problem. That is why I look forward to working with the Commit-
tee in this area and appreciate the opportunity to submit my state-
ment for the record.
Mr. LiPlNSKI. Thank you very much.
[The statement of Mr. Diaz-Balart follows:]
Statement of Hon. Lincoln Diaz-Balart, a U.S. Representative from Florida
Chairman Lipinski, I want to thank you for holding this important hearing on
dredging. This a topic of great concern to my State of Florida and to my community.
I would like to request unanimous consent to revise and extend my remarks for the
record.
The Miami River is a major component of Dade County's infrastructure. The
Miami River, with its annual $2 billion of cargo, ranks as the fifth-largest among
Florida's international seaports. Cargo shipped through the Miami River accounts
for approximately ten percent ( 10%) of Florida's port cargo value and approximately
twenty percent (20%) of total cargo from Miami's Customs District 52. Approxi-
mately 80 percent of all river cargo is containerized. The remaining 20 percent is
bulk.
The Miami River winds some 4 1/2 miles through the city of Miami and varies
in width from 150 to 250 feet. Navigable channel depth is 15 feet on high water,
13 feet on low water.
The Miami River serves as the primary location for trade generating from the
Caribbean Basin Initiative (CBI) and offers strong potential growth with other hem-
ispheric nations.
The Miami River's unique access to Central and South America as well as the
Caribbean is of great economic significance to the state of Florida. Ninety percent
(90%) of all trade with the Caribbean comes through the City of Miami. The Miami
River accounts for 110,000 trade related jobs.
Looking forward, when Castro falls and Aristide is returned to power, trade and
vessel traffic for the Miami River is sure to boom. We must be prepared for these
eventualities to maintain our lead in trade and economic strength.
The Miami River has not been dredged in over 60 years. There is no existing sedi-
ment dumping site. Without disposal options, there can be no dredging and it fol-
lows that without dredging the cargo shipping industry cannot remain competitive
or healthy. This means a loss of jobs, tax revenue and productivity. Without dredg-
ing the ability to compete in international shipping will be severely hampered.The
Army Corps of Engineers reports that sediments in the Miami River are narrowing
the navigable channel by as much as a foot a yeeir. In places where the river is only
90 feet wide and vessels as wise as 50 feet routinely traverse the river, the loss of
even one foot creates critical congestion. Clearly, the narrowing of the channel
means significant economic losses for South Florida and serious safety-related con-
sequences for cargo shippers.
Federal response to this problem has been to ask groups to "get creative." After
years of participation in community and quasi-govemment groups attempting to
solve this problem, my constituents are now requesting that the Federal Govern-
ment utilize the Miami River to demonstrate how these problems can be resolved.
The location of the Miami River makes it an ideal choice, due not only to its dire
need for dredging, but its strategic location in the nation and relationship to the
international community. Thank you.
[A letter from Fran Bohnsack, submitted by Mr. Diaz-Balart, may be found at end
of hearing.]
STATEMENT OF HON. FRANK PALLONE, A U.S.
REPRESENTATIVE FROM NEW JERSEY
Mr. LiPlNSKl. The Chair now recognizes a Member of the Full
Committee and a guest on the Subcommittee, Mr. Pallone.
Mr. Pallone. Thank you, Mr. Chairman. I had an opening state-
ment, I guess it was yesterday or the day before, in the Sub-
committee on Oceanography when Mr. Menendez also testified. I
would like to enter that into the record.
Mr. LiPlNSKl. Without objection, so ordered.
[The statement follows:]
Statement of Hon. Frank Pallone, Jr., a U.S. Representative from New
Jersey
Thank you for welcoming me here today to discuss the disposal of dredged mate-
rials. The dredge disposal site, the so-called mud dump is six miles off the coast of
New Jersey in my Congressional District.
The shore communities, which I represent, because they depend on clean water,
tourism and fishing cannot svu-vive if ocean disposal continues into the next decade.
I was against the ocean disposal of dioxin-tainted sediments and joined with envi-
ronmental groups which objected to the granting of the dredging permit for Newark
Bay. I am not satisfied that capping is an effective means to contain toxic dredge
materials which are suspended as they flow to the ocean bottom.
A few years ago, I sponsored an amendment to the Water Resources Development
Act which prohibited the designation of a new ocean disposal site for dredge mate-
rials. EPA-Region 2 has agreed not to seek authorization for a new ocean disposal
site for contaminated material. In doing so, EPA effectively set a deadline for ending
ocean disposal of all but clean material once the current mud dump site is used up.
In addition, the implementation of the new green book testing manual by EPA
has led to a significant volume of dredge material which is no longer suited for
ocean disposal. The New York District of the Army Corps of Engineers has begun
to use the new 1991 green book testing protocols and predicts that an estimated 50-
75% of dredge material that used to be considered clean now qualifies as contami-
nated. This dredge material is now failing the green book test because of high levels
of PAH's and heavy metals and not strictly because of the dioxin problem.
Unfortunately the Federal agencies were not prepared to deal with these new de-
velopments in the New York and New Jersey region. We have no disposal options
other than the ocean for contaminated dredged material. The Federal Government
had ten years worth of notice, but failed to address the disposal crisis. Recently,
Grovernor Whitman established a task force to identify these short term alternatives.
I urge the Federal agencies to be responsive to her leadership and work with her
to identify within a very short time frame options which would be immediately
available.
I am convinced that the best long term strategy is decontamination of dredge ma-
terials. To prepare for the use of decontamination technology, I introduced legisla-
tion authorizing the EPA and Army Corps to develop decontamination alternatives.
In the past, Congress has approved $5 million in Federal funds to assist these ef-
forts. Last week, a House panel earmarked an additional $1,380,000 to continue de-
contamination work.
At this point, a survey of existing and new technologies for decontaminating
dredged material has been completed. Laboratory scale treatments are being per-
formed. The agencies hope to proceed to pilot scale implementation in the near fu-
ture. Still progress is slow, and I believe legislation is necessary to mandate a dead-
line for ocean disposal of contaminated dredge material.
Mr. Torricelli and I hope to introduce legislation that would establish a statutory
scheme similar to what was adopted for sludge under the Ocean Dumping Ban Act.
The bill would phase out ocean dumping prior to the statutory deadline and require
fees for dumping in the interim based on the amount and level of contamination.
The funds would be used to put in place ocean disposal alternatives.
The fees paid by dumpers would create a disincentive for dumping in the inter-
vening years, with fees increasing as the statutory deadUne approaches. To ensure
that viable alternatives are actually in place within the next few years, we will work
to create economic incentives for businesses to invest in technologies to contain and
treat toxic sediments.
Over the last year, I have attended meetings with labor, shipping and port inter-
ests to help resolve issues relating to the pending permits in the region. These meet-
ings, under the leadership of Mr. William Zenga, a vice president of the Inter-
national Union of Operating Engineers, have been productive and responsive to
many of the questions which labor and shipping have about new testing demands
for disposal of dredge materials.
One thing I noted in dealing with business and labor leaders as well as environ-
mentalist and shore communities is that there is room for compromise. A pledge of
Unity was signed last Tuesday, June 12 by several parties long at odds with each
other on the dredging issue. We all must have the courage to face the immediacy
of this crisis and to work for both short and long term solutions.
I do not believe that the answer to our current crisis is to bypass current proce-
dures by granting waivers or by seeking to change the permitting process. The need
for dredging is real, but it must be balanced with the environmental damage which
might result in each case.
Mr. Pallone. If I could just summarize a bit, first of all to thank
you, Mr. Chairman for having this hearing on such an important
issue, and Mr. Menendez who has taken the leadership on trying
to deal with dredging problems that we have. We worked very
hard.
We are part of the group that has been meeting under the aus-
pices of Mr. Willie Zenger, who is the vice president of the inter-
national for the International Operating Engineers, and what we
found in our various meetings is that we basically favor — we recog-
nize the need, I would say, to move permits for dredging that are
pending in the New York-New Jersey harbor area.
Some of these permits have been pending for a long time, and
there is no question that they are making it very difficult for ships
to come into the harbor and creating a situation where oftentimes
some of the shipping is going out of the country to Canadian ports.
It is very important to move on these permits, and we have made
some progress, I believe, in trjring to deal with the Federal agencies
to get those permits moving. I think it is crucial in the whole de-
bate on the dredging issue to try to get labor, business, and envi-
ronmentalists together, not only for short-term solutions, but also
for long-term solutions to the problem.
Mr. Menendez introduced a bill that seeks to address some of
these long-term alternatives and has been in the leadership in try-
ing to move on decontamination technology which I think is ulti-
mately the solution to our problem.
The other thing happening in New Jersey is that the governor
recently announced that she is putting together a task force to try
to come up with short-term alternatives.
The mud dump site, the site where contaminated dredge mate-
rial is dumped for the New York-New Jersey harbor is six miles off
the coast of my district, not far from where I live, and we are very
concerned about continued dumping of contaminated dredge mate-
rials their.
We realize that we need to have alternatives and some of the al-
ternatives Mr. Menendez mentioned, such as burrow pits, contain-
ment islands, are something that I think that we also need to look
into and try to move on very quickly if possible so we don't have
to continue dumping in the ocean.
I just wanted to commend my colleague again for what he is try-
ing to do. I am going to stay and hear what you have to say, but
I am not going to go through my statement again because we al-
ready went through it the other day.
Thank you, Mr. Chairman.
Mr. LiPiNSKi. Mr. Taylor.
Mr. Taylor. No thank you.
Mr. LiPiNSKi. The Chair recognizes Mr. Kingston.
Mr. Kjngston. No opening statement.
Mr. LIPINSKI. Mr. Menendez, Congressman Menendez is our first
witness this morning. We appreciate very much you coming here.
We are well aware of the time and energy which you have al-
ready put into getting something done about this particular situa-