[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1094 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1094

To establish a final criterion for promulgation of a rule with respect 
 to sediments to be used as remediation material at the Historic Area 
       Remediation Site off the coast of the State of New Jersey.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2003

 Mr. Corzine (for himself and Mr. Lautenberg) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish a final criterion for promulgation of a rule with respect 
 to sediments to be used as remediation material at the Historic Area 
       Remediation Site off the coast of the State of New Jersey.

    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 
2003''.

SEC. 2. EFFECT OF FINAL CRITERION.

    (a) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Effects level.--The term ``effects level'' means the 
        effects level of 113 parts per billion of polychlorinated 
        biphenyls in the tissue of worms determined through--
                    (A) tests conducted on worms in sediments to be 
                used as remediation material at the Site; and
                    (B) analyses conducted in accordance with 
                applicable Federal procedures.
            (3) Site.--The term ``Site'' means the Historic Area 
        Remediation Site off the coast of the State of New Jersey.
    (b) Establishment of Final Criterion.--
            (1) In general.--The effects level is established as the 
        final criterion for making decisions relating to the placement 
        of sediments as remediation material at the Site.
            (2) Arithmetic concentration.--The arithmetic mean 
        concentration (calculated without use of statistical confidence 
        intervals) reported for the analyses of worm tissue replicates 
        exposed to tested sediments proposed for use as remediation 
        material at the Site shall not exceed the final criterion 
        established by paragraph (1).
    (c) Sediment Rule.--The Administrator, in accordance with the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.), may promulgate a rule relating to sediments to be used 
as remediation material at the Site only if the rule is at least as 
protective of human health and the environment as the final criterion 
established by subsection (b)(1).

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