[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2651 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2651

    To amend the Federal Water Pollution Control Act to provide for 
      confined spoil disposal facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1993

 Mr. Oberstar introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to provide for 
      confined spoil disposal facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Sediment Management and 
Reduction Act of 1993''.

SEC. 2. SEDIMENT MANAGEMENT.

    Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 
1268) is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (f) through (j), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Sediment Management.--
            ``(1) In general.--After December 31, 1994, it shall be 
        unlawful to dump or otherwise dispose of dredge spoil at any 
        location in the waters of the Great Lakes, other than at a 
        confined spoil disposal facility, unless--
                    ``(A) the Administrator has concurred in writing 
                with the decision of the Secretary of the Army 
                (referred to in this subsection as the `Secretary') to 
                allow the disposal (either with or without conditions), 
                if the concurrence is based on a determination that the 
                proposed disposal is consistent with the guidelines 
                developed pursuant to paragraph (2); or
                    ``(B) 45 days (or 90 days, in a case in which the 
                Administrator has requested an extension from the 
                Secretary in writing) have elapsed since the date on 
                which the Administrator received from the Secretary all 
                material necessary to evaluate the proposed disposal, 
                and--
                            ``(i) the Administrator has not issued an 
                        opinion regarding the project; and
                            ``(ii) the Secretary has found that the 
                        disposal is consistent with the guidelines 
                        developed pursuant to paragraph (2).
            ``(2) Guidelines for disposal of sediment material.--
                    ``(A) Development of guidelines.--Not later than 
                December 31, 1994, the Administrator shall, after 
                notice and opportunity for public comment, and in 
                consultation with the Secretary and the Director of the 
                Fish and Wildlife Service, develop guidelines for the 
                disposal of sediment material in the open waters of the 
                Great Lakes.
                    ``(B) Requirements.--The guidelines shall ensure 
                that the disposal of sediment material will be managed 
                and disposed of in a manner that will--
                            ``(i) not degrade the aquatic and 
                        terrestrial environment, including the 
                        chemical, physical, and biological 
                        characteristics of the substrate;
                            ``(ii) not endanger human health or 
                        welfare;
                            ``(iii) be consistent with any approved 
                        coastal zone management plan for the State or 
                        States bordering the lake in which the disposal 
                        occurs;
                            ``(iv) protect municipal and private water 
                        supply intake zones;
                            ``(v) protect recognized commercial or 
                        recreational fishing grounds and the spawning, 
                        nursery, food supply, or migration areas on 
                        which fish are dependent;
                            ``(vi) protect against excessive 
                        resuspension or the spread of material to areas 
                        outside the disposal area;
                            ``(vii) ensure the protection and 
                        propagation of a balanced, indigenous 
                        population of fish, shellfish, and wildlife in 
                        the area; and
                            ``(vi) not cause a violation of any water 
                        or sediment quality standard adopted pursuant 
                        to this Act.
                    ``(C) Reuse and disposal methods.--The guidelines 
                developed pursuant to this paragraph shall take into 
                consideration the environmental impacts and benefits of 
                alternative reuse and disposal methods.
                    ``(D) Revisions.--After providing notice and 
                opportunity for public comment, the Administrator 
                shall, as appropriate, revise the guidelines to 
                incorporate any Federal or State guideline, criterion, 
                or restriction related to sediment disposal in the 
                Great Lakes that takes effect after the date of 
                development of the initial guidelines.
            ``(3) Enforcement.--
                    ``(A) Penalties.--Any person found to be in 
                violation of this subsection shall be subject to--
                            ``(i) a civil penalty in an amount not to 
                        exceed the amount provided under section 309(d) 
                        with respect to a civil penalty assessed by a 
                        court; or
                            ``(ii) an amount provided under section 
                        309(g) with respect to a civil penalty assessed 
                        by the Administrator.
                    ``(B) Assessment.--The assessment of a civil 
                penalty under this paragraph shall be conducted in the 
                same manner as is provided for the assessment of a 
                civil penalty under section 309.
            ``(4) Establishment of confined spoil disposal 
        facilities.--The Secretary may not establish, expand, or 
        substantially modify any confined spoil disposal facility in 
        the waters of the Great Lakes unless--
                    ``(A) the Administrator has concurred in writing 
                with the decision of the Secretary to establish, 
                expand, or modify the facility, and the concurrence is 
                based on--
                            ``(i) a consideration of the environmental 
                        and economic benefits of using a confined spoil 
                        disposal facility to remove contaminated 
                        sediment from the aquatic habitat;
                            ``(ii) a consideration of the potential 
                        effects of the project on pollutant and 
                        sediment transport; and
                            ``(iii) a determination that the facility 
                        is consistent with the guidelines established 
                        pursuant to paragraph (2); or
                    ``(B) 45 days (or 90 days, in a case in which the 
                Administrator has requested an extension from the 
                Secretary in writing) have elapsed since the date on 
                which the Administrator received from the Secretary all 
                material necessary to evaluate the proposed facility, 
                and--
                            ``(i) the Administrator has not issued an 
                        opinion regarding the proposed facility; and
                            ``(ii) the Secretary has--
                                    ``(I) provided an opportunity for 
                                public review and comment; and
                                    ``(II) determined that the facility 
                                is consistent with the guidelines 
                                established pursuant to paragraph (2).
            ``(5) Evaluation and identification of facilities.--
                    ``(A) Evaluation.--Not later than December 31, 
                1994, the Administrator shall, with respect to each 
                confined spoil disposal facility located in the waters 
                of the Great Lakes, evaluate the existing and projected 
                integrity of the facility.
                    ``(B) Identification.--Not later than December 31, 
                1994, the Administrator, in consultation with the 
                Secretary, shall identify each confined spoil disposal 
                facility located in the waters of the Great Lakes that 
                is at risk of causing an exceedance of water or 
                sediment quality standards or interfere with the 
                protection and propagation of a balanced, indigenous 
                population of fish, shellfish, and wildlife.
            ``(6) Management plans.--
                    ``(A) In general.--Not later than October 1, 1994, 
                the Administrator, in cooperation with the Secretary 
                and the Director of the Fish and Wildlife Service, an 
                appropriate official of each host State, and local 
                sponsors shall develop and implement a management plan 
                for each confined spoil disposal facility located in 
                the waters of the Great Lakes.
                    ``(B) Public comment.--In developing a plan, the 
                Administrator shall provide an opportunity for public 
                comment on the scope and content of the plan.
                    ``(C) Requirements.--Each plan shall include--
                            ``(i) a baseline assessment of conditions 
                        at the site;
                            ``(ii) a program for monitoring the site;
                            ``(iii) special management conditions or 
                        practices that are necessary for the protection 
                        of human health, wildlife, and the environment;
                            ``(iv) a consideration of the quantity of 
                        material to be disposed of at the site, and the 
                        presence, nature, and bioavailability of 
                        contaminants in the material;
                            ``(v) a program for reducing to a minimum 
                        the volume and toxicity of sediment disposed of 
                        at the site;
                            ``(vi) a schedule of the anticipated use of 
                        the site over the long term, including the 
                        anticipated closure date for the site, if 
                        applicable, and any post-closure management of 
                        the site that will be implemented pursuant to 
                        clause (iii);
                            ``(vii) any restrictions on public access 
                        or access by wildlife to confined spoil 
                        disposal facilities that are necessary for 
                        environmental, safety, and health reasons;
                            ``(viii) a schedule for the review and 
                        revision of the plan, that shall include 
                        provisions for review and revision not later 
                        than 5 years after the date of adoption of the 
                        plan, and every 5 years thereafter; and
                            ``(ix) an allocation of the costs of 
                        implementing the plan, including the share of 
                        the Environmental Protection Agency, the 
                        Department of the Army, each host State, local 
                        sponsors, and any other party that the 
                        Administrator, in cooperation the officials and 
                        entities referred to in subparagraph (A), 
                        determines appropriate.
            ``(7) Remediation plans.--
                    ``(A) In general.--Not later than December 31, 
                1996, the Secretary shall, in consultation with the 
                Administrator, the Director of the Fish and Wildlife 
                Service, the appropriate official of each host State, 
                and local sponsors--
                            ``(i) develop a confined spoil disposal 
                        facility remediation plan for each confined 
                        spoil disposal facility identified in paragraph 
                        (2)(B); and
                            ``(ii) submit each remediation plan to the 
                        Administrator.
                    ``(B) Requirements.--The remediation plan shall 
                include a schedule of engineered improvements, closure 
                or post-closure requirements, or restrictions of the 
                facility, or other measures to ensure that the facility 
                will not exceed water or sediment quality standards or 
                interfere with the protection and propagation of a 
                balanced indigenous population of fish, shellfish, and 
                wildlife.
                    ``(C) Restriction or closure of facility.--Any 
                confined spoil disposal facility remediation plan that 
                recommends restriction or closure of the confined spoil 
                disposal facility shall--
                            ``(i) identify appropriate alternative 
                        disposal options, including the estimated costs 
                        and environmental benefits and impacts of the 
                        alternatives; and
                            ``(ii) include a schedule for initiating 
                        the alternatives and allocating costs, if 
                        applicable.
                    ``(D) Approval of plan.--Not later than 90 days 
                after receipt of a confined spoil disposal facility 
                remediation plan, the Administrator, in consultation 
                with the Director of the Fish and Wildlife Service, 
                shall make a determination whether to approve the plan.
                    ``(E) Costs.--Costs associated with implementing 
                any approved confined spoil disposal facility 
                remediation plan shall be allocated in a manner 
                consistent with the confined spoil disposal facility 
                project authorization.
                    ``(F) Design and construction.--
                            ``(i) In general.--The Secretary may 
                        design, engineer, and construct components of 
                        any confined spoil disposal facility 
                        remediation plan in a manner consistent with 
                        this section.
                            ``(ii) Deadline.--If, by January 1, 1999, a 
                        confined spoil disposal facility remediation 
                        plan has not been undertaken for a confined 
                        spoil disposal facility identified under 
                        paragraph (5)(B), the Administrator shall 
                        terminate the use of the facility and shall 
                        develop a post-closure remediation plan to be 
                        implemented jointly by the Administrator, the 
                        Secretary, and the host State.
            ``(8) Dredging and disposal operations.--The Secretary 
        shall continue dredging and disposal operations in the Great 
        Lakes basin to maintain navigational channels to authorized 
        depths in a manner that is consistent with this section.
            ``(9) Other considerations.--Nothing in this section shall 
        prohibit the Administrator from considering other relevant 
        environmental laws, regulations, or such other criteria as the 
        Administrator determines to be appropriate, in making a 
        decision to concur or decline to concur with respect to the 
        applying any provision of this section in cooperation with 
        another person or entity.
            ``(10) Permit requirement.--
                    ``(A) Requirement.--Beginning on October 1, 1994, 
                any person who disposes of dredge spoil at a confined 
                spoil disposal facility shall obtain a permit from the 
                Secretary, who shall issue the permit with the 
                concurrence with the Administrator.
                    ``(B) Permits.--
                            ``(i) Conditions.--A permit issued under 
                        this paragraph shall specify such conditions as 
                        are necessary to ensure that disposal will be 
                        consistent with the management plan for a 
                        confined spoil disposal facility.
                            ``(ii) Monitoring.--A permit issued under 
                        this paragraph shall contain such provisions 
                        for monitoring and assessment as are necessary 
                        to determine compliance with the permit.
                    ``(C) Term.--
                            ``(i) In general.--Subject to clause (ii), 
                        a permit issued under this paragraph shall be 
                        issued for the term of the disposal activity 
                        specified pursuant to subparagraph (B)(i).
                            ``(ii) Limitation.--No permit shall be 
                        issued for a period exceeding 5 years.
            ``(11) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.

SEC. 3. SEDIMENT REDUCTION.

    (a) In General.--Section 118 of the Federal Water Pollution Control 
Act (33 U.S.C. 1268), as amended by section 2, is further amended by 
inserting after subsection (d) the following new subsection:
    ``(e) Sediment Reduction.--
            ``(1) Great lakes tributary sediment transport models.--
                    ``(A) Models.--For each major river system or set 
                of major river systems depositing sediment into a Great 
                Lakes federally authorized commercial harbor, channel 
                maintenance project site, or area of concern, the 
                Secretary of the Army (referred to in this subsection 
                as the `Secretary'), in cooperation with the 
                Administrator, shall develop a tributary sediment 
                transport model that shall--
                            ``(i) measure stream discharge rates, total 
                        suspended solids loadings, and bedload 
                        transport within the tributary and harbor;
                            ``(ii) measure additional parameters, such 
                        as nitrates, phosphates, persistent toxic 
                        substances, and heavy metals, using a protocol 
                        approved by the Administrator, on a river-by-
                        river basis in accordance with any agreement 
                        between the Secretary, the Administrator, the 
                        host State, and any relevant non-Federal 
                        entity;
                            ``(iii) estimate the percentage of total 
                        sediment loadings into the harbors, channels, 
                        and areas of concern originating from each 
                        subwatershed of the river system; and
                            ``(iv) characterize the physical nature of 
                        the sediment materials.
                    ``(B) Coordination with other entities.--In 
                developing the tributary sediment transport models, the 
                Secretary shall cooperate, consult, and coordinate 
                with--
                            ``(i) the Administrator;
                            ``(ii) the Governors of the Great Lakes 
                        States;
                            ``(iii) the Chief of the Soil Conservation 
                        Service of the Department of Agriculture;
                            ``(iv) the Director of the United States 
                        Geological Survey of the Department of the 
                        Interior;
                            ``(v) the Director of the United States 
                        Fish and Wildlife Service of the Department of 
                        the Interior; and
                            ``(vi) the heads of such other Federal 
                        agencies as the Administrator determines to be 
                        appropriate.
                    ``(C) Other considerations.--In developing the 
                tributary sediment transport models, the Secretary 
                shall--
                            ``(i) coordinate tributary sediment 
                        transport modeling efforts with the efforts of 
                        the Administrator to produce comprehensive 
                        Lakewide Management Plans, Remedial Action 
                        Plans, mass balance models, and water quality 
                        models;
                            ``(ii) build upon data and monitoring 
                        infrastructure generated in earlier studies and 
                        programs; and
                            ``(iii) complete models for 30 major river 
                        systems within the 5-year period beginning on 
                        the date of enactment of this clause.
            ``(2) Sediment load reduction.--
                    ``(A) Analytical method.--Not later than 18 months 
                after the date of enactment of this subparagraph, the 
                Secretary, with the written concurrence of the 
                Administrator, shall--
                            ``(i) develop an analytical method to 
                        project the effectiveness and efficiency of 
                        sediment source reduction approaches and 
                        scenarios in reducing upstream sediment 
                        loadings into, and transport within, specific 
                        Great Lakes federally authorized commercial 
                        harbors, channel maintenance project sites, and 
                        areas of concern of the Great Lakes;
                            ``(ii) for each model developed under 
                        paragraph (1), use the method described in 
                        clause (i) to conduct sediment load reduction 
                        analyses to estimate the potential 
                        effectiveness and efficiency of upstream 
                        sediment source reduction approaches and 
                        scenarios to reduce sedimentation in Great 
                        Lakes federally authorized commercial harbors, 
                        channel maintenance sites, and areas of concern 
                        of the Great Lakes; and
                            ``(iii) provide sediment load and transport 
                        reduction analysis information to the States, 
                        upon request, regarding river systems within 
                        the jurisdiction of the State.
                    ``(B) Coordination with other entities.--In 
                developing the analytical method described in 
                subparagraph (A), the Secretary shall work in 
                cooperation, consultation, and coordination with--
                            ``(i) the Administrator;
                            ``(ii) the Governors of the Great Lakes 
                        States;
                            ``(iii) the Chief of the Soil Conservation 
                        Service of the Department of Agriculture;
                            ``(iv) the Director of the United States 
                        Geological Survey of the Department of the 
                        Interior;
                            ``(v) the Director of the United States 
                        Fish and Wildlife Service of the Department of 
                        the Interior; and
                            ``(vi) the heads of such other Federal 
                        agencies as the Administrator determines to be 
                        appropriate.
                    ``(C) Development and application.--In developing 
                and using the analytical methods described in 
                subparagraph (A), the Secretary shall consider only 
                sediment reduction approaches and scenarios that are 
                consistent with--
                            ``(i) the guidance issued pursuant to 
                        section 6217(g) of the Omnibus Budget 
                        Reconciliation Act of 1990 (16 U.S.C. 
                        1455b(g)), if applicable;
                            ``(ii) relevant State coastal zone 
                        management programs approved pursuant to 
                        section 306 of the Coastal Zone Management Act 
                        of 1972 (16 U.S.C. 1455);
                            ``(iii) relevant State nonpoint source 
                        pollution control programs approved in a manner 
                        consistent with section 319; and
                            ``(iv) recommendations of any relevant 
                        Remedial Action Plans and programs and measures 
                        contained in Annex 3 of the Great Lakes Water 
                        Quality Agreement and the supplement to the 
                        Annex.
                    ``(D) Technical support.--The Secretary shall 
                encourage and provide technical support for Federal, 
                State, and local efforts to reduce sedimentation in 
                harbors through improved upstream land management 
                practices, consistent with--
                            ``(i) State coastal zone management 
                        programs approved pursuant to section 306 of 
                        the Coast Zone Management Act of 1972 (16 
                        U.S.C. 1455); and
                            ``(ii) State nonpoint source pollution 
                        control programs pursuant to section 319.
            ``(3) Load reduction grants.--
                    ``(A) In general.--Not later than 90 days after 
                funds are made available under paragraph (4), the 
                Secretary, in cooperation with the Administrator, shall 
                make grants available to States for projects to reduce 
                erosion that contribute to the sedimentation of 
                federally authorized commercial harbors, channel 
                maintenance project sites, and areas of concern.
                    ``(B) Grant requests.--A State or a group of 
                States, on the initiative of the State or group of 
                States or at the request of a remedial action planning 
                committee, local government, port authority, or any 
                other governmental, public, or private entity, may 
                submit a proposal for funding for a project pursuant to 
                this paragraph.
                    ``(C) Grant conditions.--A grant under this 
                paragraph shall--
                            ``(i) be awarded only for a project 
                        conducted by a State (or a group of States) 
                        that is consistent with any applicable approved 
                        coastal zone management plan and is 
                        incorporated in the nonpoint source pollution 
                        control program of the State (or, with respect 
                        to a project conducted by each recipient State, 
                        under applicable provisions of section 319);
                            ``(ii) conform with the guidance issued 
                        pursuant to section 6217(g) of the Omnibus 
                        Budget Reconciliation Act of 1990 (16 U.S.C. 
                        1455b(g));
                            ``(iii) be consistent with the 
                        recommendations of any relevant Remedial Action 
                        Plans and Lakewide Management Plans;
                            ``(iv) be administered by agencies 
                        designated in the nonpoint source management 
                        program of the State;
                            ``(v) improve water quality; and
                            ``(vi) have the potential to reduce 
                        projected dredging costs, including 
                        environmental dredging, in an amount comparable 
                        to the cost of the erosion control project, 
                        within the lifetime of the dredging project.
                    ``(D) State grants.--
                            ``(i) In general.--Subject to clause (ii), 
                        to carry out a project under this paragraph, a 
                        State may award grants from funds made 
                        available under this paragraph for the 
                        implementation of an erosion control measure.
                            ``(ii) Limitation.--The amount of a grant 
                        under this subparagraph may not exceed 75 
                        percent of the cost erosion control measure.
                    ``(E) Amount of grant award.--
                            ``(i) In general.--A grant under this 
                        paragraph shall be in such amount and subject 
                        to such conditions as the Secretary, with the 
                        concurrence of the Administrator, shall 
                        determine.
                            ``(ii) Federal share.--The Federal share of 
                        a grant made under this paragraph shall be 75 
                        percent of the cost of the project.
                            ``(iii) State share.--The State share of a 
                        grant made under this subsection shall be 
                        provided from non-Federal sources.
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--Subject to subparagraph (B), 
                there are authorized to be appropriated to the 
                Department of the Army to carry out this subsection, 
                $15,000,000 for each of fiscal years 1994 through 1999.
                    ``(B) Limitation.--Not less than 50 percent of the 
                amounts made available under subparagraph (A) shall be 
                reserved to carry out paragraph (3).''.
    (b) Remedial Action Planning Committee.--Section 118(a)(3) of such 
Act (33 U.S.C. 1268(a)(3)) is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(K) `Remedial action planning committee' means a 
                committee that is involved in the development of a 
                Remedial Action Plan.''.

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HR 2651 IH----2