[Congressional Record Volume 144, Number 129 (Thursday, September 24, 1998)]
[Senate]
[Pages S10931-S10933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WATER RESOURCES DEVELOPMENT ACT OF 1998

                                 ______
                                 

                        LEVIN AMENDMENT NO. 3630

  (Ordered to lie on the table.)
  Mr. LEVIN submitted an amendment intended to be proposed by him to 
the bill (S. 2131) to provide for the conservation and development of 
water and related resources, to authorize the Secretary of the Army to 
construct various projects for improvements to rivers and harbors of 
the United States, and for other purposes; as follows:

       At the end, add the following:

                   TITLE ____--CONTAMINATED SETTLEMENTS

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Contaminated Sediments 
     Management and Remediation Act of 1998''.

     SEC. ____02. FINDINGS.

       Congress finds that--
       (1) contaminated sediments can pose a serious and 
     demonstrable risk to human health and the environment;
       (2) persistent, bioaccumulative toxic substances in 
     contaminated sediments can poison the food chain, making fish 
     and shellfish unsafe for humans and wildlife to eat;
       (3) potential costs to society from contaminated sediments 
     include long-term health effects such as cancer and 
     children's neurological and intellectual impairment;
       (4) contamination of sediments can interfere with 
     recreational uses and increase the costs of and time needed 
     for navigational dredging and subsequent disposal of dredged 
     material;
       (5) since the enactment of the amendments to the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) made by 
     the Great Lakes Critical Programs Act of 1990 (104 Stat. 
     3000) and the enactment of the National Contaminated Sediment 
     Assessment and Management Act (33 U.S.C. 1271 note; Public 
     Law 102-580), the Nation has gained considerable experience 
     with and understanding of sediment contamination;
       (6) a report on the incidence and severity of sediment 
     contamination in surface waters of the United States, 
     required under section 503 of the National Contaminated 
     Sediment Assessment and Management Act (33 U.S.C. 1271), 
     identified 96 areas of probable concern where contaminated 
     sediments pose potential risks to fish and wildlife and to 
     people who eat fish from those areas;
       (7) the assessment and remediation of the contaminated 
     sediment program under the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.) and subsequent studies have 
     demonstrated that there are some effective tools for--
       (A) determining the extent and magnitude of sediment 
     contamination;
       (B) assessing risk and modeling the changes that would 
     result from remedial action; and
       (C) involving the public in solutions;
       (8) prompt response after discovery of sediment 
     contamination can prevent subsequent spread through storm 
     events, thereby minimizing environmental impacts and response 
     costs;
       (9) the United States needs a better understanding of the 
     sources of sediment contamination in order to prevent 
     subsequent recontamination and minimize the recurrence of 
     environmental impacts and response costs;
       (10) the response to releases of contaminated sediments 
     should reflect the risk associated with the contamination, 
     and remedies should reflect the potential for beneficial 
     reuse of sediments;
       (11) coordination in the use of government authorities and 
     resources for remediation has not kept pace with the growth 
     in knowledge of effective remediation measures, and responses 
     have not been timely or adequately funded;
       (12) the resources of the Federal Government should be 
     brought to bear on the problems referred to in paragraph (11) 
     in a well-coordinated fashion; and

[[Page S10932]]

       (13) the Federal Government should use the funding and 
     enforcement authorities of the Superfund program to respond 
     to the serious environmental risks that can be posed by 
     contaminated sediment sites.

     SEC. ____03. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Contaminated sediment.--The term ``contaminated 
     sediment'' has the meaning given the term in section 501(b) 
     of the National Contaminated Sediment Assessment and 
     Management Act (33 U.S.C. 1271 note; Public Law 102-580).
       (3) Remedial action.--The term ``remedial action'' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (5) Task force.--The term ``Task Force'' means the National 
     Contaminated Sediment Task Force established by section 502 
     of the National Contaminated Sediment Assessment and 
     Management Act (33 U.S.C. 1271 note; Public Law 102-580).
       (6) Water resources development acts.--The term ``Water 
     Resources Development Acts'' means--
       (A) the Water Resources Development Act of 1986 (100 Stat. 
     4082);
       (B) the Water Resources Development Act of 1988 (102 Stat. 
     4012);
       (C) the Water Resources Development Act of 1990 (104 Stat. 
     4604);
       (D) the Water Resources Development Act of 1992 (106 Stat. 
     4797);
       (E) the Water Resources Development Act of 1996 (110 Stat. 
     3658); and
       (F) this Act.

     SEC. ____04. TASK FORCE.

       (a) Convening.--The Secretary and the Administrator shall 
     convene the Task Force not later than 90 days after the date 
     of enactment of this Act.
       (b) Establishment.--Section 502(a) of the National 
     Contaminated Sediment Assessment and Management Act (33 
     U.S.C. 1271 note; Public Law 102-580) is amended--
       (1) in paragraph (5), by adding ``and'' at the end;
       (2) in paragraph (6)--
       (A) in subparagraph (A), by striking ``and''; and
       (B) by adding at the end the following:
       ``(C) to remediate high priority contaminated sediment 
     sites.''; and
       (3) by striking paragraph (7).
       (c) Membership.--Section 502(b)(1) of the National 
     Contaminated Sediment Assessment and Management Act (33 
     U.S.C. 1271 note; Public Law 102-580) is amended by adding at 
     the end the following:
       ``(G) The Council on Environmental Quality.
       ``(H) The Agency for Toxic Substances and Disease 
     Registry.''.
       (d) Compensation for Additional Members.--Section 502(b) of 
     the National Contaminated Sediment Assessment and Management 
     Act (33 U.S.C. 1271 note; Public Law 102-580) is amended by 
     striking paragraph (5) and inserting the following:
       ``(5) Compensation for additional members.--The additional 
     members of the Task Force selected under paragraph (2) shall, 
     while away from their homes or regular places of business in 
     the performance of services for the Task Force, be allowed 
     travel expenses.''.
       (e) Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Task Force shall publish a 
     strategy to coordinate the use of Federal authorities to 
     prevent the contamination of sediments and to remediate 
     existing contamination.
       (2) Contents.--The strategy shall include--
       (A) specific recommendations for modifying regulatory 
     programs (including modifications to law) and for improving 
     the management and remediation of contaminated sediments to 
     reduce risks to human health and the environment;
       (B) specific recommendations to--
       (i) help ensure that management practices and remedial 
     actions taken for contaminated sediments reflect the degree 
     of risk associated with the contamination and the costs and 
     benefits of remediation; and
       (ii) encourage the beneficial reuse of sediments; and
       (C) specific implementation steps, consistent with budget 
     submissions by the President with the appropriate spending 
     requests, as part of an interagency plan to promote 
     remediation of contaminated sediments and prevent 
     recontamination.
       (f) Reporting on Remedial Action.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Task Force shall submit to 
     Congress a report on the status of remedial actions at 
     aquatic sites in the areas described in paragraph (2).
       (2) Areas.--The report under paragraph (1) shall address 
     remedial actions in--
       (A) areas of probable concern identified in the survey of 
     data regarding aquatic sediment quality required by section 
     503(a) of the National Contaminated Sediment Assessment and 
     Management Act (33 U.S.C. 1271);
       (B) areas of concern within the Great Lakes, as identified 
     under section 118(f) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1268(f));
       (C) estuaries of national significance identified under 
     section 320 of the Federal Water Pollution Control Act (33 
     U.S.C. 1330);
       (D) areas for which remedial action has been authorized 
     under any of the Water Resources Development Acts; and
       (E) as appropriate, any other areas where sediment 
     contamination is identified by the Task Force.
       (3) Activities.--Remedial actions subject to reporting 
     under this subsection include remedial actions under--
       (A) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or other 
     Federal or State law containing environmental remediation 
     authority;
       (B) any of the Water Resources Development Acts;
       (C) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344); or
       (D) section 10 of the Act of March 3, 1899 (30 Stat. 1151, 
     chapter 425).
       (4) Contents.--The report under paragraph (1) shall 
     provide, with respect to each remedial action described in 
     the report, a description of--
       (A) the authorities and sources of funding for conducting 
     the remedial action;
       (B) the nature and sources of the sediment contamination, 
     including volume and concentration, where appropriate;
       (C) the testing conducted to determine the nature and 
     extent of sediment contamination and to determine whether the 
     remedial action is necessary;
       (D) the action levels or other factors used to determine 
     that the remedial action is necessary;
       (E) the nature of the remedial action planned or 
     undertaken, including the levels of protection of public 
     health and the environment to be achieved by the remedial 
     action;
       (F) the ultimate disposition of any material dredged as 
     part of the remedial action;
       (G) the status of projects and the obstacles or barriers to 
     prompt conduct of the remedial action; and
       (H) contacts and sources of further information concerning 
     the remedial action.

     SEC. ____05. SEDIMENT QUALITY.

       Not later than 1 year after the date of enactment of this 
     Actand every 2 years thereafter, the Administrator and the 
     Secretary shall jointly publish a report that provides the 
     status of the development and implementation of--
       (1) methods to determine the threat to human health and the 
     environment posed by contaminated sediments;
       (2) guidelines or regulations designed to protect human 
     health and the environment from contaminated sediments;
       (3) guidelines or regulations designed to reduce the volume 
     or toxicity of contaminants that are deposited in aquatic 
     sediments; and
       (4) guidelines or regulations that will encourage the 
     beneficial use of dredged material.

     SEC. ____06. COST SHARE.

       Section 401(a) of the Water Resources Development Act of 
     1990 (33 U.S.C. 1268 note; Public Law 101-640) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) Non-federal share.--Non-Federal interests shall 
     contribute, in cash or by providing in-kind contributions, 
     not less than 25 percent of costs of activities for which 
     assistance is provided under paragraph (1).''.

     SEC. ____07. ENVIRONMENTAL DREDGING AND REMEDIATION.

       Section 312 of the Water Resources Development Act of 1990 
     (33 U.S.C. 1272) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Removal Not in Connection With a Navigation 
     Project.--The Secretary may remove and remediate contaminated 
     sediments from the navigable waters of the United States for 
     the purpose of environmental enhancement and water quality 
     improvement if--
       ``(1) removal and remediation is requested by a non-Federal 
     sponsor; and
       ``(2) the non-Federal sponsor agrees to pay not less than 
     25 percent of the cost of the removal or remediation 
     (including the costs of off-site disposal).'';
       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.

     SEC. ____08. TECHNOLOGY GUIDANCE AND DEMONSTRATION.

       (a) Guidance.--
       (1) In general.--The Administrator, in consultation with 
     the Task Force, shall develop guidance for selecting 
     appropriate remedial actions for contaminated sediments on a 
     facility-specific basis.
       (2) Purposes.--The guidance shall assist in deciding 
     whether off-site treatment, in-place treatment, in-place 
     capping, or natural attenuation is an appropriate remedial 
     action, consistent with statutory authorities that are 
     commonly used for remediating contaminated sediments.
       (b) Deadline.--The Administrator shall--
       (1) not later than 18 months after the date of enactment of 
     this Act, publish interim guidance under subsection (a); and
       (2) not later than 5 years after the date of enactment of 
     this Act, publish final guidance.
       (c) Technology Demonstration.--The Administrator, in 
     consultation with the Secretary, shall carry out technology 
     demonstration projects related to the remediation of 
     contaminated sediments to assist in developing guidance for 
     remedial actions under subsection (a).
       (d) Technology Demonstration Authorities.--The technology 
     demonstration shall

[[Page S10933]]

     include projects required to be identified under--
       (1) section 401 of the Water Resources Development Act of 
     1990 (33 U.S.C. 1268 note; Public Law 101-640);
       (2) section 312 of the Water Resources Development Act of 
     1990 (33 U.S.C. 1272);
       (3) section 311(b) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9660(b)); and
       (4) other appropriate authorities.

     SEC. ____09. PILOT PROGRAM ON PREVENTION.

       (a) Findings.--Congress finds that--
       (1) the costs of dredging for navigational purposes are 
     increased by contamination, including contamination from 
     ongoing activities;
       (2) sediment quality problems are not solely the legacy of 
     past discharges;
       (3) the ``polluter pays'' principle has not been 
     consistently applied to contamination of sediments, because 
     parties contributing to the contamination have not 
     necessarily been held responsible for their share of the 
     increased costs of dredging or remediation attributable to 
     the contamination;
       (4) prevention measures that control the volume or toxicity 
     of sedimentation should lower the costs of dredging that 
     eventually becomes necessary;
       (5) it may be easier and less expensive to prevent 
     contamination of sediment than to remedy it;
       (6) the relationship between prevention measures and 
     remediation needs to be better understood;
       (7) an improved understanding of the sources of 
     contamination and an improved ability to link sedimentation 
     and contamination to their sources are needed; and
       (8) there should be a closer linkage between actions to 
     prevent sediment contamination and the cost savings that can 
     be attained when future remediation becomes unnecessary.
       (b) Pilot Program.--The Task Force shall establish a pilot 
     program to--
       (1) improve the understanding of the relationship between 
     upstream prevention and control measures; and
       (2) provide incentives for upstream measures that can lower 
     the costs of dredging, disposal, or treatment or reuse of 
     dredged materials.
       (c) Competitive Grants.--
       (1) In general.--The pilot program shall provide for 
     competitive grants to be administered by agencies represented 
     on the Task Force with experience in developing and managing 
     programs that address upstream concerns.
       (2) Purposes.--The grants shall provide assistance for--
       (A) development of plans for reduction in sediment 
     contamination;
       (B) technical support for implementing those plans;
       (C) measurement of impacts of implementation measures, in 
     comparison to baselines; and
       (D) coordinating the use of available authorities to reduce 
     further contamination of sediments.
       (3) Eligibility.--The grants shall be awarded to States or 
     substate organizations that can develop and implement the 
     plans described in paragraph (2) on a watershed basis.
       (4) Criteria.--The Secretary and the Administrator shall 
     develop criteria for evaluating grant proposals under this 
     subsection.
       (d) Technical Assistance.--Using the data gathered under 
     section 516(e) of the Water Resources Development Act of 1996 
     (33 U.S.C. 2326b(e)), after entering into an interagency 
     agreement with the Administrator, the Secretary of 
     Agriculture, and the Secretary of the Interior, the Secretary 
     may provide technical assistance to communities in reducing 
     contamination of sediments.

     SEC. ____10. AUTHORIZATION OF APPROPRIATIONS.

       (a) Task Force and Priority Setting.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     section ____04.
       (b) Technology Demonstration.--There is authorized to be 
     appropriated to carry out section ____08 $50,000,000.
       (c) Pilot Program.--There is authorized to be appropriated 
     to carry out section ____09 $5,000,000.

 Mr. LEVIN. Mr. President, I am submitting for the Record and 
my colleagues' consideration an amendment to S. 2131, the Water 
Resources Development Act (WRDA) of 1998, which I hope will be included 
in that legislation. It is a relatively simple measure. Contaminated 
sediments are a serious problem in our nation's waterways and ports and 
a potential threat to human and environmental health. S. 2131 presents 
a long overdue and perfectly appropriate opportunity to begin 
addressing this problem.
  The EPA submitted a report to Congress this year on the quality of 
sediments across the nation, pursuant to WRDA of 1992. The report shows 
that we have cause to worry. Ninety-six areas of probable concern are 
identified where public and environmental health may be threatened by 
contaminated sediments. Yet, we have at least six different Federal 
statutes with implementation responsibilities spread over seven Federal 
agencies, including a great many specific provisions regarding the Army 
Corps of Engineers' duties in recent WRDAs, two major programs--
Superfund and Clean Water--within EPA, and numerous state and local 
governments coming at the problem of contaminated sediments in a 
variety of ways. The inefficiency of this setup and the lack of 
information exchange and data availability reduces the chances of an 
expeditious solution. My amendment is intended to improve communication 
and cooperation among agencies, affected parties and all levels of 
government, and motivate them to address the problem sooner rather than 
later.
  My amendment requires the National Contaminated Sediment Task Force, 
as authorized in section 502 of WRDA of 1992 but never funded, to 
actually meet and make recommendations on how to improve contaminated 
sediment management practices. Also, this Task Force would have to 
report on the status of remedial actions on contaminated sediment sites 
across the nation, including Superfund sites, within one year. This 
report would also have to identify remediation status, programs and 
funding for cleanup, the nature and sources, etc. of contaminated 
sediments.
  EPA and the Army Corps would jointly publish a recurring report on 
ways to assess the threat of contaminated sediment, on the status of 
any guidelines issued designed to protect human and environmental 
health or to reduce deposition of toxics into sediment, and on 
guidelines issued intended to encourage the beneficial use of dredged 
material.
  Finally, the amendment makes modifications to cost-share provisions 
for environmental dredging, remediation technology assistance, and 
establishes a pilot program to give grants to communities that try to 
reduce contamination of downstream sediments.
  Mr. President, there have been years of inaction on contaminated 
sediments. My amendment is primarily intended to gather information and 
stimulate the agencies with jurisdiction to take this matter seriously 
and begin working together. If the information I am seeking is prepared 
in a timely way, the reauthorizations of Superfund and the Clean Water 
Act will be greatly enhanced from an environmental perspective, insofar 
as my colleagues would like to truly address the multi-media threat 
posed by contaminated sediments.

                          ____________________