[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25037-25040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12032]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-6010-4]


Contaminated Sediment Management Stategy

AGENCY: Environmental Protection Agency.

ACTION: Notice of Availability.

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SUMMARY: The Environmental Protection Agency (EPA) announces the 
availability of EPA's Contaminated Sediment Management Strategy, an 
Agency workplan issued in support of EPA's regulatory and policy 
initiatives. The Strategy does not propose new regulation and is Agency 
guidance only. Also available for review is the Comment and Response 
Document.
    EPA's Contaminated Sediment Management Strategy describes the 
cross-program policy framework in which EPA intends to promote 
consideration and reduction of ecological and human health risks posed 
by sediment contamination. The Strategy establishes four goals to 
manage the problem of contaminated sediment, and describes actions the 
Agency intends to take to accomplish those goals. The four goals are: 
(1) Prevent the volume of contaminated sediment from increasing; (2) 
reduce the volume of existing contaminated sediment; (3) ensure that 
sediment dredging and dredged material disposal are managed in an 
environmentally sound manner; and (4) develop scientifically sound 
sediment management tools for use in pollution prevention, source 
control, remediation, and dredged material management.

ADDRESSES: Requests for copies of EPA's Contaminated Sediment 
Management Strategy (EPA document number EPA 823-R-98-001) should be 
sent to: U.S. Environmental Protection Agency, National Center for 
Environmental Publications and Information, P.O. Box 42419, Cincinnati, 
Ohio 45242; telephone: 1-800-490-9198, fax: 513-489-8695. EPA's 
Contaminated Sediment Management Strategy may be viewed or downloaded 
form the Office of Science and Technology's homepage on the Internet at 
http:www.epa.gov/OST/. The Contaminated Sediment Management Strategy 
and Comment and Response Document are available for public inspection 
and copying from 9:00 am to 4:00 pm at the Water Docket, East Tower 
Basement, Environmental Protection Agency, Mail Code 4101, 401 M 
Street, S.W., Washington, D.C. 20460. Also available are related docket 
materials which include: the proposed Strategy, all public comments 
received on the Strategy as well as those received on an earlier 
proposal for discussion, and the proceedings of three national public 
forums held to discuss development of the Strategy. For an appointment 
to review Docket materials, call the Water Docket Clerk at 202-260-3027 
between 9 a.m. and 4:00 p.m. As provided in 40 CFR Part 2, a reasonable 
fee may be charged for copying services.

FOR FURTHER INFORMATION CONTACT: Jane M. Farris, Risk Assessment and 
Management Branch, Office of Science and Technology, Mail Code 4305, 
401 M Street, S.W., Washington, D.C. 20460, Telephone: 202-260-8897.

SUPPLEMENTARY INFORMATION: EPA accepted written comments on the 
proposed Contaminated Sediment Management Strategy for 90 days after 
publication of the notice of availability in the Federal Register on 
August 30, 1994, and publication of a notice of extension of comment 
period in the Federal Register on October 28, 1994. At the close of the 
comment period on November 30, 1994 through 1997, EPA's Office of 
Science and Technology within the Office of Water developed responses 
to comments received from 126 organizations. The Strategy and comment/
response document have been reviewed and revised by four staff 
workgroups of the EPA Sediment Steering Committee who also drafted the 
proposed Strategy.

Executive Summary--EPA's Contaminated Sediment Management Strategy

Reinventing Government to Streamline Decision-making

    Contaminated sediment poses ecological and human health risks in 
many watersheds throughout the United States. In these watersheds, 
sediment serves as a contaminant reservoir from which fish and bottom 
dwelling organisms can accumulate toxic compounds and pass them up the 
food

[[Page 25038]]

chain. Sediment contaminants can be passed to fish, birds, and mammals 
until they accumulate to levels that may be toxic. Such toxic effects 
may include neurological, developmental, and reproductive impacts. 
Toxic chemicals come from discharges from industrial waste and sewage; 
storm water runoff from waste dumps, city streets and farms; air 
pollutants contained in rainwater; contaminants in ground water; 
discharges to surface water; and from natural sources. The magnitude of 
the sediment contamination problem in the United States is evidenced in 
more than 2,100 State advisories that have been issued against 
consuming fish. Sediments were identified as a potential source of 
contamination at many of the sites where consumption of fish may pose 
health risks. EPA has studied sediment quality data from 1,372 of the 
2,111 watersheds in the continental U.S. Of these, EPA has identified 
96 watersheds that contain ``areas of probable concern'' where 
potential adverse effects of sediment contamination are more likely to 
be found.
    More than ten Federal statutes provide authority to many EPA 
program offices to address the problem of contaminated sediment. This 
has resulted in fragmented, and in some cases duplicative, efforts to 
complete the necessary research, technology development, and pollution 
control activities required to effectively manage contaminated 
sediment. Often it has been difficult for EPA programs to agree even 
upon the fundamental question of whether sediment at a particular site 
poses ecological or human health risks. EPA's Contaminated Sediment 
Management Strategy was developed to streamline decision-making within 
and among the Agency's program offices by promoting and ensuring: the 
use of consistent sediment assessment practices, consistent 
consideration of risks posed by contaminated sediment, the use of 
consistent approaches to management of contaminated sediment risks, and 
the wise use of scarce resources for research and technology 
development.

Goals of the Contaminated Sediment Management Strategy

    EPA's Contaminated Sediment Management Strategy describes actions 
that the Agency intends to take to accomplish the following four 
strategic goals: (1) Prevent the volume of contaminated sediment from 
increasing; (2) reduce the volume of existing contaminated sediment; 
(3) ensure that sediment dredging and dredged material disposal are 
managed in an environmentally sound manner; (4) develop scientifically 
sound sediment management tools for use in pollution prevention, source 
control, remediation, and dredged material management.

What the Strategy Does

    The Contaminated Sediment Management Strategy is comprised of six 
component sections: assessment, prevention, remediation, dredged 
material management, research, and outreach. In each section, EPA 
describes actions that the Agency intends to take to accomplish the 
four broad strategic goals.
    In the assessment section of the Strategy EPA proposes that Agency 
program offices all use standard sediment toxicity test methods and 
chemical-specific sediment quality criteria to determine whether 
sediments are contaminated. Actions that EPA has taken to develop a 
biennial national inventory of sites and sources of sediment 
contamination (the National Sediment Quality Survey and National 
Sediment Inventory Database) are described in the assessment section of 
the Strategy. EPA plans to use the National Sediment Inventory Database 
(NSI) to identify sites that may be associated with adverse effects to 
human health and the environment. These assessment actions should 
enable EPA to focus on cleaning up the most contaminated waterbodies 
and ensuring that further sediment contamination is prevented. The 
National Sediment Quality Survey is a screening-level assessment of 
sediment quality data and sources of pollution that will be used by 
various EPA programs.
    EPA's plan to stop sediment contaminants from reaching the 
environment is described in the prevention section of the Strategy. In 
order to regulate the use of pesticides and toxic substances that 
accumulate in sediment, EPA proposes the use of acute sediment toxicity 
tests to support registration of chemicals under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the evaluation 
of chemicals under the Toxic Substances Control Act (TSCA). In the 
prevention section of the Strategy EPA also proposes: considering 
sediment contamination as a factor in determining which industries 
should be subject to new and revised effluent guidelines; using 
pollution prevention policies to reduce or eliminate sediment 
contamination resulting from noncompliance with permits; developing 
guidelines for design of new chemicals to reduce bioavailability and 
partitioning of toxic chemicals to sediment; and implementing point and 
nonpoint source controls to protect sediment quality. EPA's prevention 
actions would minimize further contamination of sediment and reduce 
ecological and human health risks.
    In the remediation section of the Strategy EPA proposes using 
multiple statutes to require contaminated sediment remediation by 
parties responsible for pollution. These statutes include the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean 
Water Act (CWA), TSCA, the Rivers and Harbors Act, and the Oil 
Pollution Act. The Agency will consider whether a combination of 
pollution prevention and source controls will allow contaminated 
sediments to recover naturally without unacceptable impacts to human 
health and the environment. On a site-specific basis, cleanup programs 
intend to consider natural attenuation. EPA's remediation actions would 
clean up existing sediment contamination that adversely affects the 
Nation's waterbodies.
    In the dredged material management section, EPA describes its 
commitment to continue to work with the Corps of Engineers to ensure 
that dredged materials are managed in an environmentally sound manner. 
Physical, chemical and biological test methods will continue to be used 
to guide disposal and management decisions.
    In the research section of the Strategy, EPA proposes a program of 
investigative research that is needed to: develop and validate 
chemical-specific sediment criteria and other sediment assessment 
methods; improve EPA's understanding of the transfer of sediment 
contaminants through the food chain; and develop and evaluate a range 
of technologies for remediating contaminated sediments. EPA's proposed 
research program would support improved assessment, prevention, and 
remediation of contaminated sediment.
    The outreach section of the Strategy describes actions that EPA 
intends to take to demonstrate, through public involvement, the 
Agency's commitment to, and accountability for, sediment management 
efforts. EPA plans to produce, and make available to the public, status 
reports on sediment management activities as part of the biennial 
updates of the National Sediment Quality Survey Reports.

[[Page 25039]]

Next Steps Toward Implementation of a Federal Agency Contaminated 
Sediment Management Strategy

    EPA intends to begin tracking activities of the Agency's program 
offices as they implement the Contaminated Sediment Management 
Strategy. Future updates of Agency-wide contaminated sediment 
activities will be included in the biennial National Sediment Quality 
Survey Report to Congress.
    EPA's National Sediment Inventory is a screening-level assessment 
of sediment quality and sources of pollution that can be used in 
various programs. This data base can be used by Federal, State, and 
local agencies to target their pollution prevention and remediation 
efforts on the sites where sediment may be contaminated.
    EPA's Contaminated Sediment Management Strategy will promote EPA 
and COE research to develop technologies for remediation of 
contaminated sediment under authority of the CWA, CERCLA, RCRA, TSCA, 
the Rivers and Harbors Act, the Oil Pollution Act, and WRDA.
    Guidance provided in future updates of the Strategy will facilitate 
the coordination of dredged material management activities among 
Federal agencies and nongovernmental organizations. Coordination of 
dredged material management activities has been called for in the 
December 1994 action plan, ``The Dredging Process in the United States: 
An Action Plan for Improvement,'' developed by the Federal Interagency 
Working Group on the Dredging Process (U.S. DOT, 1994). The Working 
Group was convened by the Secretary of Transportation in the Fall of 
1993. The Group has held a series of outreach sessions throughout the 
country to solicit ideas on improving the dredging process. The Working 
Group identified important activities needed to improve the dredging 
process. These activities include: enhanced research and monitoring to 
improve dredged material disposal decision making, identification of 
opportunities to control sources of sediment contaminants, and 
effective education and communication with the public on the risks and 
impacts associated with dredged material disposal. Future updates of 
the Contaminated Sediment Management Strategy will address these 
issues.

Listing of Actions Identified in EPA's Contaminated Sediment 
Management Strategy

    EPA's Contaminated Sediment Management Strategy proposes that 
Agency program offices take the following actions.

Assessment

    All EPA program offices intend to use standard sediment testing 
methods to determine whether sediments are contaminated. The Office of 
Water (OW) intends to use standard sediment toxicity and 
bioaccumulation test methods for monitoring, interpretation of 
narrative water quality standards, and dredged material disposal 
testing. The Office of Pesticide Programs (OPP) and the Office of 
Pollution Prevention and Toxics (OPPT) intend to use standard sediment 
toxicity tests to assess the toxicity of pesticides when registering or 
re-registering these chemicals for use and for evaluating new and 
existing chemicals under TSCA. The Office of Emergency and Remedial 
Response (OERR) intends to use standard sediment toxicity and 
bioaccumulation test methods for Superfund Remedial Investigation/
Feasibility Studies. The Office of Solid Waste (OSW) intends to use 
biological sediment toxicity test methods for site-specific risk 
assessments and monitoring at hazardous waste facilities.
    Where appropriate, EPA program offices intend to use sediment 
quality criteria, when they are published, to assess contaminated 
sediment sites. All EPA programs conducting sediment monitoring intend 
to use the criteria to interpret sediment chemistry data. Upon 
publication, the criteria may be used along with appropriate test 
endpoints from chronic sediment bioassays to interpret the narrative 
state water quality standard of ``no toxics in toxic amounts''. 
National Pollutant Discharge Elimination System (NPDES) permit limits 
would be based on applicable water quality standards which may include 
the State's narrative standard. EPA intends to use the sediment 
criteria (as appropriate) with other information to make site-specific 
decisions concerning corrective action at hazardous waste facilities, 
and to assess Superfund sites. The Agency has begun to develop a more 
detailed ``User's Guide for Multi-Program Implementation of Sediment 
Quality Criteria in Aquatic Ecosystems,'' describing how the Agency's 
programs intend to use these criteria. This document will be submitted 
for public review when it is drafted.
    EPA program offices intend to use the NSI as a screening-level 
assessment tool of sediment quality and sources of pollution. The NSI 
can be used by the various EPA program offices to identify sites for 
further assessment. The inventory can be used to: identify potentially 
contaminated sediment sites for consideration for remedial action; 
identify sites for further assessment that may be candidates for 
injunctive relief or supplemental enforcement projects; identify 
problem pesticides and toxic substances that may require further 
regulation or be evaluated for possible enforcement action; identify 
impaired waters for National Water Quality Inventory reports or 
possible development of Total Maximum Daily Loads; target watersheds 
for nonpoint source best management practices; and help select 
industries for effluent guidelines development.

Prevention

    In order to regulate the use of pesticides that may accumulate to 
toxic levels in sediment, EPA intends to propose that acute sediment 
toxicity tests be included in procedures required to support 
registration, re-registration, and special review of pesticides likely 
to sorb to sediment. In fiscal year 1996, EPA proposed incorporating 
acute toxicity bioassays and spiking protocols into the Agency's 
pesticide assessment guidelines (40 CFR Part 158). To prevent other 
toxic substances from accumulating in sediment, EPA also intends to 
propose incorporating acute sediment toxicity tests and sediment 
bioaccumulation tests into routine chemical review processes required 
under TSCA. In addition, EPA intends to develop guidelines for design 
of new chemicals to reduce bioavailability and partitioning of toxic 
chemicals to sediment.
    EPA's Office of Enforcement and Compliance Assurance (OECA) plans 
to take action to prevent sediment contamination by negotiating, in 
appropriate cases of noncompliance with permits, enforceable settlement 
agreements to require source recycling and source reduction activities. 
The Office of Regulatory Enforcement within OECA also intends to 
monitor the progress of Federal facilities toward the goal of halving 
toxic emissions by the year 1999 and plans to monitor the reporting of 
toxic releases to the public.
    OW and other EPA program offices intend to work with 
nongovernmental organizations and the States to prevent point and 
nonpoint source contaminants from accumulating in sediments. EPA 
intends to: (1) Promulgate new and revised technology-based effluent 
guidelines for industries that discharge sediment contaminants; (2) 
encourage the States to use biological sediment test methods and 
sediment quality criteria to interpret the narrative standard of ``no 
toxics in toxic amounts;'' (3) encourage

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the States to develop Total Maximum Daily Loads for impaired watersheds 
specifying point and nonpoint source load reductions necessary to 
protect sediment quality; (4) use the NSI to identify point sources of 
sediment contaminants for potential permit compliance tracking after 
further evaluation using program-specific criteria to confirm sediment 
quality problems; (5) ensure that discharges from CERCLA sites and RCRA 
facilities subject to NPDES permits comply with future NPDES permit 
requirements to protect sediment quality; and (6) use the NSI to 
identify watersheds where technical assistance and grants could 
effectively be used to reduce nonpoint source loads of sediment 
contaminants.

Remediation

    OW, OERR, and OECA intend to use the NSI to help target sites for 
further study which may lead to enforcement action requiring 
contaminated sediment remediation. EPA plans to use standard sediment 
toxicity, bioaccumulation tests, and site-specific field-based methods 
to identify potential sites for remediation, to assist in determining 
clean-up goals for contaminated sites, and to monitor the effectiveness 
of remedial actions. RCRA Corrective Action sites are generally 
determined by facilities seeking a RCRA permit, not by the program 
identifying contaminated areas, except in enforcement under 7003 
orders.

Dredged Material Management

    Guidance provided in future updates of the Strategy will facilitate 
the coordination of dredged material management activities among 
Federal agencies and nongovernmental organizations.

Research

    EPA's Office of Research and Development (ORD), through its 
Environmental Monitoring and Assessment Program (EMAP), intends to 
continue to collect new chemical and biological data on sediment 
quality. These data would be included in the Agency's NSI. ORD is 
developing: new biological methods to assess the ecological and human 
health effects of sediment contaminants, chemical-specific sediment 
quality criteria, methods to conduct sediment toxicity identification 
evaluations and methods to identify bioaccumulative chemicals in 
sediment. ORD intends to develop dredged material disposal fate and 
transport models, sediment wasteload allocation models, and 
technologies for remediation of contaminated sediment.

Outreach

    EPA plans to undertake a program of outreach and technology 
transfer to educate target audiences about contaminated sediment risk 
management. Target audiences would include: other Federal agencies, 
State and local agencies, the regulated community, the scientific 
community, environmental advocacy groups, the news media, and the 
general public. EPA plans to provide technical and nontechnical 
information to these audiences by developing a range of outreach 
products. Future updates to the Strategy will be reported in biennial 
updates of the National Sediment Quality Survey Report to Congress.

    Dated: April 30, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-12032 Filed 5-5-98; 8:45 am]
BILLING CODE 6560-50-P