Sediment Quality Criteria; Notice ENVIRONMENTAL PROTECTION AGENCY

SUMMARY: Pursuant to section 304(a)(1) of the Clean Water Act, the U.S.

Environmental Protection Agency (EPA) has developed, and is requesting

public comments on, documents presenting proposed Sediment Quality

Criteria for the Protection of Benthic Organisms for five priority

pollutant (section 307(a)) chemicals, guidelines for deriving these

criteria on a site-specific basis, and the technical basis for deriving

the criteria. The criteria documents present data and criteria for

acenaphthene, dieldrin, endrin, fluoranthene and phenanthrene, which

were selected for their known toxicity, hydrophobicity, and

persistence. EPA intends to publish each of the documents in final form

after considering public comments, while the general regulatory role

Sediment Quality Criteria play will be outlined in the Contaminated

Sediment Management Strategy (CSMS) which will be available for public

comment in the near future. The Agency is specifically soliciting

comments on the scientific soundness of the criteria development

methodology and the criteria themselves as opposed to their

application. Comments received in response to this notice on the

intended uses and implementation of the criteria will be taken into

account in preparing the proposed CSMS and other guidance materials. An

exception to this is the potential for the Sediment Quality Criteria to

be used as Applicable and Relevant or Appropriate Requirements (ARARs)

under CERCLA. The EPA particularly welcomes comment and discussion on

the applicability and appropriateness of using the criteria as ARARs.

DATES: Written comments must be postmarked or submitted by hand on or

before April 18, 1994.

ADDRESSES: Comments may be mailed or delivered to: Sediment Quality

Clerk, Water Docket MC-4101, Environmental Protection Agency, 401 M

Street SW., room L102 Washington, DC 20460. Commenters are requested to

submit any references cited in their comments. Commenters are also

requested to submit an original and 3 copies of their written comments

and enclosures. Commenters who want receipt of their comments

acknowledged should include a self-addressed, stamped envelope. No

facsimiles (faxes) will be accepted.

FOR FURTHER INFORMATION CONTACT: Mary C. Reiley, Sediment Quality

Criteria Program, Office of Science and Technology, Mail Code 4304, 401

M Street SW., Washington, DC 20460, phone: 202-260-0658.

SUPPLEMENTARY INFORMATION:

I. Availability of Documents

This notice announces the availability for public review and

comment of draft documents proposing sediment quality criteria for the

protection of benthic organisms for five priority pollutant chemicals,

the methodology used to derive the criteria, and guidelines for

modifying the criteria on a site-specific basis. The seven documents

for which public comment is requested are:

Sediment Quality Criteria for the Protection of Benthic

Organisms: ACENAPHTHENE (EPA-822-R-93-013)

Sediment Quality Criteria for the Protection of Benthic

Organisms: DIELDRIN (EPA-822-R-93-015)

Sediment Quality Criteria for the Protection of Benthic

Organisms: ENDRIN (EPA-822-R-93-016)

Sediment Quality Criteria for the Protection of Benthic

Organisms: FLUORANTHENE (EPA-822-R-93-012)

Sediment Quality Criteria for the Protection of Benthic

Organisms: PHENANTHRENE (EPA-822-R-93-014)

Technical Basis for Deriving Sediment Quality Criteria for

Nonionic Organic Contaminants for the Protection of Benthic Organisms

by Using Equilibrium Partitioning (EPA-822-R-93-011)

Guidelines for Deriving Site-Specific Sediment Quality

Criteria for the Protection of Benthic Organisms (EPA-822-R-93-017)

Copies of the draft documents may be obtained upon request from the

Office of Water Resource Center (202) 260-7786. These documents are

also available for public inspection and copying during normal business

hours at the Water Docket Room L-102 (basement) Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460. For access

to Docket materials, call (202) 260-3027 between 9 a.m. and 3:30 p.m.

for an appointment. Copies of these documents are also available for

review in the EPA Regional office libraries. For the Regional Office

library in your area contact: EPA Library, (202) 260-3944. EPA's

response to public comment will be available upon request from the

Office of Water Resource Center (202) 260-7786. As provided in 40 CFR

part 2, a reasonable fee may be charged for copying services.

II. Background Information

Toxic contaminants in bottom sediments of the nation's lakes,

rivers, wetlands, and coastal waters create the potential for continued

environmental impact even where water column contaminant levels comply

with established water quality criteria. In addition, contaminated

sediments can have impacts on water quality even when additional

pollutants are no longer being added by any other source. It is

intended that sediment quality criteria be protective of benthic

organisms and be used to: assess the extent of sediment contamination,

aid in implementing measures that limit or prevent additional

contamination, and identify when appropriate remediation activities are

needed.

Section 304(a)(1) of the Clean Water Act (33 U.S.C. 314(a)(1)),

directs EPA to develop and publish criteria reflecting the latest

scientific knowledge on the identifiable effects of pollutants on

public health and welfare, aquatic life, wildlife and recreation. EPA

has periodically issued ambinent water quality criteria guidance,

beginning with the publication of ``Water Quality Criteria 1972.'' All

criteria guidance through late 1986 was summarized in an EPA document

entitled ``Quality Criteria for Water, 1986.'' EPA has subsequently

published, from time to time, new ambient water quality criteria

guidance for additional pollutants or revised existing criteria

guidance.

EPA's criteria documents are intended to provide a comprehensive

toxicological evaluation of each chemical addressed therein, based on

available information. For toxic pollutants, the documents tabulate the

numeric acute and chronic toxicity information for aquatic life and,

where sufficient information is available, derive the numeric criteria

maximum concentrations (acute criteria) and the numeric criteria

continuous concentrations (chronic criteria) that the Agency recommends

to protect aquatic life resources. The documents also provide

recommended criteria to protect human health. EPA has published numeric

aquatic life criteria for 30 priority pollutants and human health

criteria for 91 priority pollutants. Aquatic life criteria address

potential water column impacts only.

EPA is now proposing sediment quality criteria for five priority

pollutant chemicals (endrin, dieldrin, fluoranthene, phenanthrene, and

acenaphthene) that EPA has determined are present in the sediment of

the Nation's waters and cause or have the potential to cause adverse

effects to the water column and benthic assemblages and their

hierarchical foodchains including humans. Pursuant to section 104 of

the Clean Water Act, the Agency has conducted research, experiments and

demonstrations and has studied the effects of contaminated sediment on

freshwater, marine, and estuarine aquatic life. EPA used this

information to develop the criteria proposed today, which represent

EPA's first effort to develop sediment quality criteria. These five

chemicals were selected because of their known toxicity,

hydrophobicity, and persistence.

EPA developed these proposed sediment quality criteria using a

methodology called the Equilibrium Partitioning Approach which was

selected after considering a variety of approaches that could be used

to assess sediment contamination. Technical reviews of the methodology

and supporting science was conducted by the EPA Science Advisory Board

(SAB) in February 1989 and June 1992. Data collected in support of the

ambient aquatic life water quality criteria or an equivalent data base

were also used to derive the proposed sediment quality criteria.

Sediment criteria concentrations are expressed as micrograms chemical

per gram organic carbon and apply to sediments with 0.2%

organic carbon; below this the criteria should not be applied because

of significant scientific uncertainty associated with extrapolating to

sediments with g/goc

Saltwater: 230 g/goc

Dihydro-acenaphthylene or 1,8 ethylenenapthalene occurs in coal and

is released during the high temperature carbonization or coking of

coal. Acenaphthene is also used as a dye intermediate in the

manufacture of plastics, insecticides and fungicides, and has been

detected in cigarette smoke and gasoline condensates. It is a

polycyclic aromatic hydrocarbon.

Dieldrin

(CAS No. 60-57-1)

Sediment Quality Criteria Value:

Freshwater: 11 g/goc

Saltwater: 20 g/goc

Prior to the cancellation of its registration (1974), dieldrin was

one of the most widely used chlorinated hydrocarbon pesticides. Prior

to its cancellation (1974), aldrin was used in greater quantity than

dieldrin but quickly transforms into dieldrin in the environment. The

chemicals were primarily used to control insect pests on corn and later

on citrus fruits.

Endrin

(CAS No. 72-20-8)

Sediment Quality Criteria Value:

Freshwater: 4.2 g/goc

Saltwater: 0.76 g/goc

Endrin is a chlorinated hydrocarbon insecticide. Prior to its

cancellation (1986) it was used in the agricultural chemical industry

for the control of pests on fruits and vegetation.

Fluoranthene

(CAS No. 206-44-0)

Sediment Quality Criteria Value:

Freshwater: 620 g/goc

Saltwater: 300 g/goc

Fluoranthene, a polycyclic aromatic hydrocarbon, is a combustion

product produced by the pyrolysis of organic raw materials, such as

coal and petroleum at high temperature. It is ubiquitous in the

environment.

Phenanthrene

(CAS No. 85-01-8)

Sediment Quality Criteria Value:

Freshwater: 180 g/goc

Saltwater: 240 g/goc

Phenanthrene is a polycyclic aromatic hydrocarbon, naturally

present in coal and petroleum, and having some industrial uses. It is

also formed as a combustion product.

V. Description of the Technical Basis for Deriving Numerical National

Sediment Quality Criteria for Nonionic Organic Contaminants Using

Equilibrium Partitioning

The Technical Basis for Deriving Sediment Quality Criteria for

Nonionic Organic Contaminants for the Protection of Benthic Organisms

by Using Equilibrium Partitioning presents the research performed and

data collected in the development of the equilibrium partitioning

approach to deriving sediment quality criteria. (See Section I

entitled: ``Availability of Documents''.)

VI. Description of Guidelines for Deriving Site-Specific Sediment

Quality Criteria for the Protection of Benthic Organisms

The Guidelines for Deriving Site-Specific Sediment Quality Criteria

for the Protection of Benthic Organisms provides guidance on the

methodology which is appropriate for modifying nationally applicable

sediment quality criteria on a site-specific basis. The document

details the procedures and data necessary to perform the modification

that may be required because of unique sensitivities of site species or

partitioning processes at the site. (See Section I entitled:

``Availability of Documents''.)

Request for Comments

EPA is soliciting comments on the scientific soundness of the

criteria development methodology and the proposed criteria themselves.

The sediment quality criteria, like the surface water quality criteria,

are ambient criteria describing aquatic conditions which support

designated uses. The merit and validity of these criteria must stand

alone without regard to permit limit derivation, sediment remediation

costs, etc. Specifically the Agency requests comment on the five

sediment quality criteria documents described above, the document

entitled ``Technical Basis for Deriving Sediment Quality Criteria for

Nonionic Organic Contaminants for the Protection of Benthic Organisms

by Using Equilibrium Partitioning'' and the ``Guidelines for Deriving

Site-Specific Sediment Quality Criteria for the Protection of Benthic

Organisms''. EPA is also interested in receiving comments on the

following issues:

1. Site Specific Criteria Modifications

Under section 304(a) a state may develop its own water quality

criteria on either a state-wide basis or on a site-specific basis to be

protective of unique waters. EPA is considering the same approach for

the developement of sediment quality criteria. Section 131.11(b)(1) of

EPA's regulations allows states to modify 304(a) criteria to reflect

site-specific conditions, when adopting water quality standards based

on such criteria guidance and EPA is considering allowing similar site-

specific modification for water quality standards based on EPA's

sediment quality criteria guidance. Technical persons have identified a

number of reasons both supporting and challenging the appropriateness

of allowing site specific modifications to sediment criteria. EPA is

particularly interested in receiving comments and ideas on site

specific criteria modifications. A more detailed discussion of these

issues can be found on this topic on page 99 of the Technical Basis

document identified above.

2. Need for Separate Sediment Quality Criteria To Protect Fresh Water

and Marine Species

For certain chemicals (acenaphthene, dieldrin, fluoranthene, and

phenanthrene), statistical analysis of all the data used in the

derivation of water quality criteria revealed no significant

differences in the relative sensitivity of fresh water and marine

species. Further, there are no known chemical or physical properties of

the above chemicals that would support a difference in toxicity and

bioavailability between aquatic environments. (These comparisons do not

hold for endrin.) However, EPA customarily has developed separate

criteria for saltwater and freshwater to avoid having the sensitivity

of species in one aquatic environment drive environmental decisions and

regulation in the other environment. Although these sediment quality

criteria are derived separately for freshwater and saltwater, EPA seeks

comment on the appropriateness of a single sediment quality criteria

applicable to both aquatic environments after first demonstrating

equivalency of sensitivity (for these and future criteria).

Acenaphthene

Sediment Quality Criteria Value:

Freshwater: 130 g/goc

Saltwater: 230 g/goc

This difference is less than a factor of 2.

Dieldrin

Sediment Quality Criteria Value:

Freshwater: 11 g/goc

Saltwater: 20 g/goc

This difference is less than a factor of 2.

Fluoranthene

Sediment Quality Criteria Value:

Freshwater: 620 g/goc

Saltwater: 300 g/goc

This difference is less than a factor of 2.

Phenanthrene

Sediment Quality Criteria Value:

Freshwater: 180 g/goc

Saltwater: 240 g/goc

This difference is less than a factor of 2.

Endrin

Sediment Quality Criteria Value:

Freshwater: 4.2 g/goc

Saltwater: 0.76 g/goc

This difference is approximately a factor of 5 which is

statistically significant and would require that endrin have both

criteria values.

3. Level of Protection

Existing section 304(a) criteria are intended to protect a balanced

and indigenous aquatic community by protecting most individuals within

sensitive species. As a practical matter, the basic aquatic life

procedure approximates the goal by deriving criteria to protect most

individuals in the 95th percentile (most sensitive) of the tested

genera. This is done by basing acute criteria on LC50 or similar tests,

and dividing the final result by two to protect most individuals, as

opposed to protecting only 50%. Less sensitive species are more fully

protected, while more sensitive species are somewhat protected. There

are exceptions procedures which override this basic approach where

necessary to protect wildlife, plants, or commercially important

aquatic species. See 50 FR 30784, July 29, 1985, for details. Tested

species are selected to include a minimum data set of specified aquatic

species. As such, tested species are considered to be surrogates for

untested species. This same approach is currently proposed for benthic

organisms via the sediment quality criteria. Comment is being sought on

the appropriateness of this approach.

4. Use of SQC as ARAR's in the CERCLA Program

The availability of sediment quality criteria for adoption by

States into State water quality standards provides for the potential

requirement in those States that the SQC be used as ARAR's. As

discussed earlier, EPA is concerned that this ``mandatory clean-up

level'' may be an inappropriate use of the proposed criteria. The

Agency requests comment on the use of SQC as ARAR's should they be

adopted into State water quality standards.

5. Definition of Sediments to Which Sediment Quality Criteria Apply

The criteria documents define sediments to which SQC are applicable

as those ``permanently inundated with water, intertidal sediment and to

sediments inundated periodically for durations sufficient to permit

development of benthic assemblages.'' The criteria are not intended to

apply to ``sediments occasionally inundated so that they support

terrestrial species.'' The Agency believes the appropriate uses of SQC

are for those sediments that maintain, or have the potential to

maintain if not contaminated, benthic aquatic assemblages. Comments

that discuss a broader or narrower definition or that support the

proposed definition are requested.

Dated: December 28, 1993.

Robert Perciasepe,

Assistant Administrator for Water.

[FR Doc. 94-1133 Filed 1-14-94; 8:45 am]

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