[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5470 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5470

   To establish the HARS-specific PCB effects level, expressed in a 
certain Memorandum of Agreement issued by the Environmental Protection 
        Agency and the Corps of Engineers, as a final criterion.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2002

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

_______________________________________________________________________

                                 A BILL


 
   To establish the HARS-specific PCB effects level, expressed in a 
certain Memorandum of Agreement issued by the Environmental Protection 
        Agency and the Corps of Engineers, as a final criterion.

    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 signed in 
September of 2000 by the Environmental Protection Agency and the Army 
Corps of Engineers established an effects level of 113 parts per 
billion, of poly-chlorinated biphenyls (PCBs) detected in the tissue of 
worms tested in sediments to be used as remediation material at the 
Historic Area Remediation Site (HARS) off the coast of New Jersey. 
(This HARS-specific effects level for PCBs is hereby established as 
final criterion for making decisions regarding placement of sediments 
as remediation material at the HARS. The arithmetic mean concentration, 
without use of statistical confidence intervals, reported for the 
analyses of the worm tissue replicates exposed to the tested sediments 
shall not exceed the criterion.
    (b) Minimum Level.--The Administrator of the Environmental 
Protection Agency, using the rulemaking authority provided pursuant to 
the Marine Protection, Research, and Sanctuaries Act of 1972, may only 
promulgate a rule, with regard to sediments to be used as remediation 
material at the Historic Area Remediation Site off the coast of New 
Jersey, that is equal or more protective of human health and the 
environment than the 113 PCB criterion.
    (c) Application.--The criterion established in subsection (a) shall 
be effective as of the date of enactment of this Act.
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