[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22188]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army

 

Regulatory Guidance Letters Issued by the Corps of Engineers

AGENCY: Corps of Engineers, DOD.

ACTION: Notice.

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SUMMARY: The purpose of this notice is to provide a copy of the 
Regulatory Guidance Letter (RGL 94-2) to all known interested parties. 
RGL's are used by the Corps as a means to transmit guidance on the 
Corps Regulatory Program (33 CFR 320-330) to its division and district 
engineers. The Corps publishes RGL's in the Federal Register upon 
issuance as a means of informing the public of Corps guidance.

FOR FURTHER INFORMATION CONTACT: Mr. Sam Collinson, Regulatory Branch, 
Office of the Chief of Engineers at (202) 272-1782.

SUPPLEMENTARY INFORMATION: RGL 94-2, Subject: Superfund Projects, is 
hereby published.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
Regulatory Guidance Letter, RGL 94-2
Dated: August 17, 1994, Expires: December 31, 1999
CECW-OR
Subject: Superfund Projects
    1. Regulatory Guidance Letter (RGL) 85-07, subject: ``Superfund 
Projects'' is hereby reissued (copy enclosed).
    2. This RGL was previously extended by RGL 89-2. Although the 
extension expired, RGL 85-07 has continued to be U.S. Army Corps of 
Engineers policy.
    3. This guidance expires 31 December 1999 unless sooner revised or 
rescinded.

    For the Director of Civil Works:

    /S/
    Encl
John P. Elmore,
Chief, Operations, Construction and Readiness Division, Directorate of 
Civil Works.
RGL 85-7, Dated: July 5, 1985, Expires: December 31, 1987
Subject: Superfund Projects

    1. Recently, the Chief Counsel, Mr. Lester Edelman, responded to a 
letter from Mr. William N. Hedeman, Jr., Director, Office of Emergency 
and Remedial Response, Environmental Protection Agency (EPA) which 
dealt with the need for Department of Army authorizations for the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) actions. This letter summarizes Mr. Edelman's opinion and 
provides operating guidance for field interaction with the EPA.
    2. The EPA's basic position is that Congress did not intend for 
CERCLA response actions to be subject to other environmental laws. 
Rather, as a matter of sound practice, CERCLA response actions 
generally should meet the standards established by those laws. 
Consequently, it is the EPA's position that neither it nor the states, 
in pursuing response actions at the location of the release or 
threatened release under the authority of CERCLA, are required to 
obtain permits under Section 404 of the Clean Water Act or Section 10 
of the Rivers and Harbors Act for those actions.
    3. Mr. Edelman stated in part that he has some reservations about 
the position that the EPA has taken. Nevertheless, he recognizes that 
the EPA has the primary authority for the interpretation and 
application of CERCLA, and therefore would defer to the EPA's reading 
of its own statutory authorities, at least for the time being.
    4. In light of this legal opinion, FOAs should not require 
applications for the EPA or state response actions at the location of 
the release or threatened release pursued under the authority of 
CERCLA. Any permit applications in process should be terminated.
    5. Both the EPA and OCE believe that the FOAs' expertise in 
assessing the public interest factors for dredging and filling 
operations can contribute to the overall quality of the CERCLA response 
action. The Director of Civil Works will be establishing a group from 
his staff to work with the EPA staff to develop a framework for 
integrating the Corps Section 10, Section 404 and, if appropriate, 
Section 103 concerns into the EPA's substantive Superfund reviews.
    6. Until specific guidance is provided from OCE, FOAs should 
provide technical support to the EPA regions and/or the states on 
matters within their field of expertise.

    For the Chief of Engineers.
    /S/
C. E. Edgar III.
[FR Doc. 94-22188 Filed 9-8-94; 8:45 am]
BILLING CODE 3710-92-M