[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25037-25040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12032]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-FRL-6010-4]
Contaminated Sediment Management Stategy
AGENCY: Environmental Protection Agency.
ACTION: Notice of Availability.
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SUMMARY: The Environmental Protection Agency (EPA) announces the
availability of EPA's Contaminated Sediment Management Strategy, an
Agency workplan issued in support of EPA's regulatory and policy
initiatives. The Strategy does not propose new regulation and is Agency
guidance only. Also available for review is the Comment and Response
Document.
EPA's Contaminated Sediment Management Strategy describes the
cross-program policy framework in which EPA intends to promote
consideration and reduction of ecological and human health risks posed
by sediment contamination. The Strategy establishes four goals to
manage the problem of contaminated sediment, and describes actions the
Agency intends to take to accomplish those goals. The four goals are:
(1) Prevent the volume of contaminated sediment from increasing; (2)
reduce the volume of existing contaminated sediment; (3) ensure that
sediment dredging and dredged material disposal are managed in an
environmentally sound manner; and (4) develop scientifically sound
sediment management tools for use in pollution prevention, source
control, remediation, and dredged material management.
ADDRESSES: Requests for copies of EPA's Contaminated Sediment
Management Strategy (EPA document number EPA 823-R-98-001) should be
sent to: U.S. Environmental Protection Agency, National Center for
Environmental Publications and Information, P.O. Box 42419, Cincinnati,
Ohio 45242; telephone: 1-800-490-9198, fax: 513-489-8695. EPA's
Contaminated Sediment Management Strategy may be viewed or downloaded
form the Office of Science and Technology's homepage on the Internet at
http:www.epa.gov/OST/. The Contaminated Sediment Management Strategy
and Comment and Response Document are available for public inspection
and copying from 9:00 am to 4:00 pm at the Water Docket, East Tower
Basement, Environmental Protection Agency, Mail Code 4101, 401 M
Street, S.W., Washington, D.C. 20460. Also available are related docket
materials which include: the proposed Strategy, all public comments
received on the Strategy as well as those received on an earlier
proposal for discussion, and the proceedings of three national public
forums held to discuss development of the Strategy. For an appointment
to review Docket materials, call the Water Docket Clerk at 202-260-3027
between 9 a.m. and 4:00 p.m. As provided in 40 CFR Part 2, a reasonable
fee may be charged for copying services.
FOR FURTHER INFORMATION CONTACT: Jane M. Farris, Risk Assessment and
Management Branch, Office of Science and Technology, Mail Code 4305,
401 M Street, S.W., Washington, D.C. 20460, Telephone: 202-260-8897.
SUPPLEMENTARY INFORMATION: EPA accepted written comments on the
proposed Contaminated Sediment Management Strategy for 90 days after
publication of the notice of availability in the Federal Register on
August 30, 1994, and publication of a notice of extension of comment
period in the Federal Register on October 28, 1994. At the close of the
comment period on November 30, 1994 through 1997, EPA's Office of
Science and Technology within the Office of Water developed responses
to comments received from 126 organizations. The Strategy and comment/
response document have been reviewed and revised by four staff
workgroups of the EPA Sediment Steering Committee who also drafted the
proposed Strategy.
Executive Summary--EPA's Contaminated Sediment Management Strategy
Reinventing Government to Streamline Decision-making
Contaminated sediment poses ecological and human health risks in
many watersheds throughout the United States. In these watersheds,
sediment serves as a contaminant reservoir from which fish and bottom
dwelling organisms can accumulate toxic compounds and pass them up the
food
[[Page 25038]]
chain. Sediment contaminants can be passed to fish, birds, and mammals
until they accumulate to levels that may be toxic. Such toxic effects
may include neurological, developmental, and reproductive impacts.
Toxic chemicals come from discharges from industrial waste and sewage;
storm water runoff from waste dumps, city streets and farms; air
pollutants contained in rainwater; contaminants in ground water;
discharges to surface water; and from natural sources. The magnitude of
the sediment contamination problem in the United States is evidenced in
more than 2,100 State advisories that have been issued against
consuming fish. Sediments were identified as a potential source of
contamination at many of the sites where consumption of fish may pose
health risks. EPA has studied sediment quality data from 1,372 of the
2,111 watersheds in the continental U.S. Of these, EPA has identified
96 watersheds that contain ``areas of probable concern'' where
potential adverse effects of sediment contamination are more likely to
be found.
More than ten Federal statutes provide authority to many EPA
program offices to address the problem of contaminated sediment. This
has resulted in fragmented, and in some cases duplicative, efforts to
complete the necessary research, technology development, and pollution
control activities required to effectively manage contaminated
sediment. Often it has been difficult for EPA programs to agree even
upon the fundamental question of whether sediment at a particular site
poses ecological or human health risks. EPA's Contaminated Sediment
Management Strategy was developed to streamline decision-making within
and among the Agency's program offices by promoting and ensuring: the
use of consistent sediment assessment practices, consistent
consideration of risks posed by contaminated sediment, the use of
consistent approaches to management of contaminated sediment risks, and
the wise use of scarce resources for research and technology
development.
Goals of the Contaminated Sediment Management Strategy
EPA's Contaminated Sediment Management Strategy describes actions
that the Agency intends to take to accomplish the following four
strategic goals: (1) Prevent the volume of contaminated sediment from
increasing; (2) reduce the volume of existing contaminated sediment;
(3) ensure that sediment dredging and dredged material disposal are
managed in an environmentally sound manner; (4) develop scientifically
sound sediment management tools for use in pollution prevention, source
control, remediation, and dredged material management.
What the Strategy Does
The Contaminated Sediment Management Strategy is comprised of six
component sections: assessment, prevention, remediation, dredged
material management, research, and outreach. In each section, EPA
describes actions that the Agency intends to take to accomplish the
four broad strategic goals.
In the assessment section of the Strategy EPA proposes that Agency
program offices all use standard sediment toxicity test methods and
chemical-specific sediment quality criteria to determine whether
sediments are contaminated. Actions that EPA has taken to develop a
biennial national inventory of sites and sources of sediment
contamination (the National Sediment Quality Survey and National
Sediment Inventory Database) are described in the assessment section of
the Strategy. EPA plans to use the National Sediment Inventory Database
(NSI) to identify sites that may be associated with adverse effects to
human health and the environment. These assessment actions should
enable EPA to focus on cleaning up the most contaminated waterbodies
and ensuring that further sediment contamination is prevented. The
National Sediment Quality Survey is a screening-level assessment of
sediment quality data and sources of pollution that will be used by
various EPA programs.
EPA's plan to stop sediment contaminants from reaching the
environment is described in the prevention section of the Strategy. In
order to regulate the use of pesticides and toxic substances that
accumulate in sediment, EPA proposes the use of acute sediment toxicity
tests to support registration of chemicals under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the evaluation
of chemicals under the Toxic Substances Control Act (TSCA). In the
prevention section of the Strategy EPA also proposes: considering
sediment contamination as a factor in determining which industries
should be subject to new and revised effluent guidelines; using
pollution prevention policies to reduce or eliminate sediment
contamination resulting from noncompliance with permits; developing
guidelines for design of new chemicals to reduce bioavailability and
partitioning of toxic chemicals to sediment; and implementing point and
nonpoint source controls to protect sediment quality. EPA's prevention
actions would minimize further contamination of sediment and reduce
ecological and human health risks.
In the remediation section of the Strategy EPA proposes using
multiple statutes to require contaminated sediment remediation by
parties responsible for pollution. These statutes include the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean
Water Act (CWA), TSCA, the Rivers and Harbors Act, and the Oil
Pollution Act. The Agency will consider whether a combination of
pollution prevention and source controls will allow contaminated
sediments to recover naturally without unacceptable impacts to human
health and the environment. On a site-specific basis, cleanup programs
intend to consider natural attenuation. EPA's remediation actions would
clean up existing sediment contamination that adversely affects the
Nation's waterbodies.
In the dredged material management section, EPA describes its
commitment to continue to work with the Corps of Engineers to ensure
that dredged materials are managed in an environmentally sound manner.
Physical, chemical and biological test methods will continue to be used
to guide disposal and management decisions.
In the research section of the Strategy, EPA proposes a program of
investigative research that is needed to: develop and validate
chemical-specific sediment criteria and other sediment assessment
methods; improve EPA's understanding of the transfer of sediment
contaminants through the food chain; and develop and evaluate a range
of technologies for remediating contaminated sediments. EPA's proposed
research program would support improved assessment, prevention, and
remediation of contaminated sediment.
The outreach section of the Strategy describes actions that EPA
intends to take to demonstrate, through public involvement, the
Agency's commitment to, and accountability for, sediment management
efforts. EPA plans to produce, and make available to the public, status
reports on sediment management activities as part of the biennial
updates of the National Sediment Quality Survey Reports.
[[Page 25039]]
Next Steps Toward Implementation of a Federal Agency Contaminated
Sediment Management Strategy
EPA intends to begin tracking activities of the Agency's program
offices as they implement the Contaminated Sediment Management
Strategy. Future updates of Agency-wide contaminated sediment
activities will be included in the biennial National Sediment Quality
Survey Report to Congress.
EPA's National Sediment Inventory is a screening-level assessment
of sediment quality and sources of pollution that can be used in
various programs. This data base can be used by Federal, State, and
local agencies to target their pollution prevention and remediation
efforts on the sites where sediment may be contaminated.
EPA's Contaminated Sediment Management Strategy will promote EPA
and COE research to develop technologies for remediation of
contaminated sediment under authority of the CWA, CERCLA, RCRA, TSCA,
the Rivers and Harbors Act, the Oil Pollution Act, and WRDA.
Guidance provided in future updates of the Strategy will facilitate
the coordination of dredged material management activities among
Federal agencies and nongovernmental organizations. Coordination of
dredged material management activities has been called for in the
December 1994 action plan, ``The Dredging Process in the United States:
An Action Plan for Improvement,'' developed by the Federal Interagency
Working Group on the Dredging Process (U.S. DOT, 1994). The Working
Group was convened by the Secretary of Transportation in the Fall of
1993. The Group has held a series of outreach sessions throughout the
country to solicit ideas on improving the dredging process. The Working
Group identified important activities needed to improve the dredging
process. These activities include: enhanced research and monitoring to
improve dredged material disposal decision making, identification of
opportunities to control sources of sediment contaminants, and
effective education and communication with the public on the risks and
impacts associated with dredged material disposal. Future updates of
the Contaminated Sediment Management Strategy will address these
issues.
Listing of Actions Identified in EPA's Contaminated Sediment
Management Strategy
EPA's Contaminated Sediment Management Strategy proposes that
Agency program offices take the following actions.
Assessment
All EPA program offices intend to use standard sediment testing
methods to determine whether sediments are contaminated. The Office of
Water (OW) intends to use standard sediment toxicity and
bioaccumulation test methods for monitoring, interpretation of
narrative water quality standards, and dredged material disposal
testing. The Office of Pesticide Programs (OPP) and the Office of
Pollution Prevention and Toxics (OPPT) intend to use standard sediment
toxicity tests to assess the toxicity of pesticides when registering or
re-registering these chemicals for use and for evaluating new and
existing chemicals under TSCA. The Office of Emergency and Remedial
Response (OERR) intends to use standard sediment toxicity and
bioaccumulation test methods for Superfund Remedial Investigation/
Feasibility Studies. The Office of Solid Waste (OSW) intends to use
biological sediment toxicity test methods for site-specific risk
assessments and monitoring at hazardous waste facilities.
Where appropriate, EPA program offices intend to use sediment
quality criteria, when they are published, to assess contaminated
sediment sites. All EPA programs conducting sediment monitoring intend
to use the criteria to interpret sediment chemistry data. Upon
publication, the criteria may be used along with appropriate test
endpoints from chronic sediment bioassays to interpret the narrative
state water quality standard of ``no toxics in toxic amounts''.
National Pollutant Discharge Elimination System (NPDES) permit limits
would be based on applicable water quality standards which may include
the State's narrative standard. EPA intends to use the sediment
criteria (as appropriate) with other information to make site-specific
decisions concerning corrective action at hazardous waste facilities,
and to assess Superfund sites. The Agency has begun to develop a more
detailed ``User's Guide for Multi-Program Implementation of Sediment
Quality Criteria in Aquatic Ecosystems,'' describing how the Agency's
programs intend to use these criteria. This document will be submitted
for public review when it is drafted.
EPA program offices intend to use the NSI as a screening-level
assessment tool of sediment quality and sources of pollution. The NSI
can be used by the various EPA program offices to identify sites for
further assessment. The inventory can be used to: identify potentially
contaminated sediment sites for consideration for remedial action;
identify sites for further assessment that may be candidates for
injunctive relief or supplemental enforcement projects; identify
problem pesticides and toxic substances that may require further
regulation or be evaluated for possible enforcement action; identify
impaired waters for National Water Quality Inventory reports or
possible development of Total Maximum Daily Loads; target watersheds
for nonpoint source best management practices; and help select
industries for effluent guidelines development.
Prevention
In order to regulate the use of pesticides that may accumulate to
toxic levels in sediment, EPA intends to propose that acute sediment
toxicity tests be included in procedures required to support
registration, re-registration, and special review of pesticides likely
to sorb to sediment. In fiscal year 1996, EPA proposed incorporating
acute toxicity bioassays and spiking protocols into the Agency's
pesticide assessment guidelines (40 CFR Part 158). To prevent other
toxic substances from accumulating in sediment, EPA also intends to
propose incorporating acute sediment toxicity tests and sediment
bioaccumulation tests into routine chemical review processes required
under TSCA. In addition, EPA intends to develop guidelines for design
of new chemicals to reduce bioavailability and partitioning of toxic
chemicals to sediment.
EPA's Office of Enforcement and Compliance Assurance (OECA) plans
to take action to prevent sediment contamination by negotiating, in
appropriate cases of noncompliance with permits, enforceable settlement
agreements to require source recycling and source reduction activities.
The Office of Regulatory Enforcement within OECA also intends to
monitor the progress of Federal facilities toward the goal of halving
toxic emissions by the year 1999 and plans to monitor the reporting of
toxic releases to the public.
OW and other EPA program offices intend to work with
nongovernmental organizations and the States to prevent point and
nonpoint source contaminants from accumulating in sediments. EPA
intends to: (1) Promulgate new and revised technology-based effluent
guidelines for industries that discharge sediment contaminants; (2)
encourage the States to use biological sediment test methods and
sediment quality criteria to interpret the narrative standard of ``no
toxics in toxic amounts;'' (3) encourage
[[Page 25040]]
the States to develop Total Maximum Daily Loads for impaired watersheds
specifying point and nonpoint source load reductions necessary to
protect sediment quality; (4) use the NSI to identify point sources of
sediment contaminants for potential permit compliance tracking after
further evaluation using program-specific criteria to confirm sediment
quality problems; (5) ensure that discharges from CERCLA sites and RCRA
facilities subject to NPDES permits comply with future NPDES permit
requirements to protect sediment quality; and (6) use the NSI to
identify watersheds where technical assistance and grants could
effectively be used to reduce nonpoint source loads of sediment
contaminants.
Remediation
OW, OERR, and OECA intend to use the NSI to help target sites for
further study which may lead to enforcement action requiring
contaminated sediment remediation. EPA plans to use standard sediment
toxicity, bioaccumulation tests, and site-specific field-based methods
to identify potential sites for remediation, to assist in determining
clean-up goals for contaminated sites, and to monitor the effectiveness
of remedial actions. RCRA Corrective Action sites are generally
determined by facilities seeking a RCRA permit, not by the program
identifying contaminated areas, except in enforcement under 7003
orders.
Dredged Material Management
Guidance provided in future updates of the Strategy will facilitate
the coordination of dredged material management activities among
Federal agencies and nongovernmental organizations.
Research
EPA's Office of Research and Development (ORD), through its
Environmental Monitoring and Assessment Program (EMAP), intends to
continue to collect new chemical and biological data on sediment
quality. These data would be included in the Agency's NSI. ORD is
developing: new biological methods to assess the ecological and human
health effects of sediment contaminants, chemical-specific sediment
quality criteria, methods to conduct sediment toxicity identification
evaluations and methods to identify bioaccumulative chemicals in
sediment. ORD intends to develop dredged material disposal fate and
transport models, sediment wasteload allocation models, and
technologies for remediation of contaminated sediment.
Outreach
EPA plans to undertake a program of outreach and technology
transfer to educate target audiences about contaminated sediment risk
management. Target audiences would include: other Federal agencies,
State and local agencies, the regulated community, the scientific
community, environmental advocacy groups, the news media, and the
general public. EPA plans to provide technical and nontechnical
information to these audiences by developing a range of outreach
products. Future updates to the Strategy will be reported in biennial
updates of the National Sediment Quality Survey Report to Congress.
Dated: April 30, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-12032 Filed 5-5-98; 8:45 am]
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