[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5100 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5100

 To deem a certain memorandum of agreement issued by the Environmental 
    Protection Agency and the Corps of Engineers to be a final rule.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2002

Mr. Smith of New Jersey (for himself, Mr. LoBiondo, Mr. Saxton, and Mr. 
   Andrews) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To deem a certain memorandum of agreement issued by the Environmental 
    Protection Agency and the Corps of Engineers to be a final rule.

    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 ``Clean Ocean Preservation Act of 
2002''.

SEC. 2. EFFECT OF MEMORANDUM OF AGREEMENT.

    (a) In General.--The joint Memorandum of Agreement, published in 
September of 2000 by the Environmental Protection Agency and the Corps 
of Engineers establishing the maximum permissible level of 
polychlorinated biphenyls (PCB's) in sediments to be used as 
remediation material at the Historic Area Remediation Site off the 
coast of New Jersey as 113 parts per billion, as measured in worm 
tissue--
            (1) is deemed to be a final rule of the Environmental 
        Protection Agency and the Corps of Engineers; and
            (2) is deemed to have been issued in accordance with 
        applicable requirements of subchapter II of chapter 5 of title 
        5, United States Code.
    (b) Application.--The rule issued under subsection (a) applies on 
and after September 26, 2000.
    (c) Construction.--Nothing in this Act shall be construed to 
prevent the Administrator of the Environmental Protection Agency or the 
Secretary of the Army from promulgating a rule that establishes a lower 
concentration than 113 of PCB's in sediments to be used as remediation 
material at the Historic Area Remediation Site off the coast of New 
Jersey.
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