Notice of Availability of Dredged Material Testing Manual, Request for Comment, and Announcement of Public Information Sessions

Federal RegisterJul 21, 1994

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ENVIRONMENTAL PROTECTION AGENCY

[OW-FRL-5017-5]

Notice of Availability of Dredged Material Testing Manual,

Request for Comment, and Announcement of Public Information Sessions

SUMMARY: This notice announces the availability of and requests public

comment on the draft testing manual entitled ``Evaluation of Dredged

Material Proposed for Discharge in Waters of the U.S.--Testing Manual

(Draft)''. The manual was prepared by an Environmental Protection

Agency (EPA)/Corps of Engineers (CE) workgroup comprised of individuals

from headquarters, field offices, and research laboratories of both

agencies with scientific and/or programmatic expertise related to

dredged material discharge activities. Copies of the draft manual can

be requested by writing to Ms. Shirley Walker at the address listed

below under ADDRESSES. Public information sessions will be held at

various locations around the country to discuss the draft manual.

DATES AND LOCATIONS: Written comments must be postmarked or submitted

by hand on or before October 19, 1994 to Mike Kravitz at the address

listed below under ADDRESSES.

Public information sessions will be held at the following locations

and dates to discuss the draft testing manual ``Evaluation of Dredged

Material Proposed for Discharge in Waters of the U.S.--Testing Manual

(Draft)'':

Boston--August 2, 1994, Ramada Hotel-Airport, 225 McClellan Hwy.,

Boston, MA 02128 [phone (617) 569-5250, fax (617) 569-5159];

Washington, DC--August 3, 1994, Marriot Crystal City, 1999 Jefferson

Davis Hwy., Arlington, VA 22202 [phone (703) 413-5500, fax (703) 413-

0192]; Atlanta--August 4, 1994, Ramada Hotel-North, 1419 Virginia

Avenue, Atlanta, GA 30337 [phone (404) 768-7800, fax (404) 767-5451];

San Jose--August 30-31, 1994, San Jose Hilton, 300 Almaden Blvd., San

Jose, CA 95110 [phone (408) 287-2100, fax (408) 987-4489]; Seattle--

September 1-2, 1994, Red Lion Hotel-Airport, 18740 Pacific Hwy.,

Seattle, WA 98188 [phone (206) 242-8600, fax (206) 242-9727]; Chicago--

September 13-14, 1994, Holiday Inn O'Hare, 5440 N. River Rd., Rosemont,

IL 60018 [phone (708) 671-6350, fax (708) 671-1378]; St. Louis--

September 14, 1994, St. Louis Airport Hilton, 10330 Natural Bridge Rd.,

St. Louis, MO 63134 [phone (314) 426-5500, fax (314) 426-3429];

Houston--September 15, 1994, Holiday Inn Intercontinental Airport,

15222 John F. Kennedy Blvd., Houston, TX 77032 [phone (713) 449-2311,

fax (713) 442-6833].

ADDRESSES: A copy of ``Evaluation of Dredged Material Proposed for

Discharge in Waters of the U.S.--Testing Manual (Draft)'' can be

obtained by calling or writing to Ms. Shirley Walker, U.S. Corps of

Engineers, Waterways Experiment Station, IM-MI-R, 3909 Halls Ferry

Road, Vicksburg, Mississippi, 39180-6199; telephone: 601-634-2571.

Comments may be mailed or delivered to: Mike Kravitz, Mail Code

4305, Attention: Testing Manual Comments, Office of Science and

Technology, U.S. Environmental Protection Agency, 401 M Street SW.,

Washington, DC 20460; telephone: 202-260-8085. Commenters are 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:

Mike Kravitz, Mail Code 4305, Office of Science and Technology, U.S.

Environmental Protection Agency, 401 M Street SW., Washington, DC 20460

(telephone: 202-260-8085); or Kirk Stark, Regulatory Branch, CECW-OR,

Office of the Chief of Engineers, U.S. Army Corps of Engineers, 20

Massachusetts Ave. NW., Washington, DC 20314 (telephone: 202-272-1786).

SUPPLEMENTARY INFORMATION: Proposed discharges of dredged or fill

material in fresh, estuarine, and saline (near-coastal) waters, or

``waters of the United States,'' must be evaluated to determine the

potential environmental impacts of such activities. Specifically,

Section 404 of the Federal Water Pollution Control Act of 1972, Public

Law 92-500, as amended by the Clean Water Act (CWA), Public Law 95-217,

requires that the discharge of dredged or fill material into waters of

the U.S. be permitted by the Corps of Engineers (CE). EPA has the

primary role in developing the environmental guidelines--the section

404(b)(1) Guidelines (Guidelines)--in conjunction with CE, by which

permit applications must be evaluated. The Guidelines are published at

40 CFR part 230. Fundamental to the Guidelines is the precept that

dredged or fill material should not be discharged into the aquatic

ecosystem, unless it can be demonstrated that such a discharge will not

have an unacceptable adverse impact either individually or in

combination with known and/or probable impacts of other activities

affecting the ecosystems of concern.

Dredged material testing is part of the larger evaluation of a

proposed discharge activity to determine its compliance with the

Guidelines. Sections 230.60 and 230.61 of the Guidelines provide the

basis for certain contaminant-related factual determinations regarding

the potential environmental effects of a proposed discharge. The

present draft testing manual, ``Evaluation of Dredged Material Proposed

for Discharge in Waters of the U.S.--Testing Manual (Draft),'' details

the physical, chemical, and biological evaluation procedures outlined

in Secs. 230.60 and 230.61. The manual includes technical guidance on

sampling and analysis, physical and chemical evaluations, bioassays

(toxicity and bioaccumulation), quality assurance/quality control,

evaluation of discharges from confined disposal facilities, evaluation

of mixing, statistical methods, and identification of ammonia toxicity.

It uses a tiered testing approach which is scientifically valid and

cost-effective. Conclusions reached utilizing this manual will be used

to make factual determinations of the potential environmental effects

of a proposed discharge of dredged material.

This manual will replace the May 1976 testing protocol,

``Ecological Evaluation of Proposed Discharge of Dredged or Fill

Material into Navigable Waters,'' which will no longer be applicable.

Since development of the 1976 guidance, EPA and CE have gained a great

deal of experience in testing dredged material for environmental

effects. Much of this experience has been used in the development of a

1991 ``ocean'' testing manual to implement requirements in the Marine

Protection Research and Sanctuaries Act for evaluation of potential

environmental impacts associated with the discharge of dredged material

in waters seaward of the baseline of the territorial sea. Further

technical improvements, such as the refinement of bioassay tests, have

been incorporated in the present draft testing manual, ``Evaluation of

Dredged Material Proposed for Discharge in Waters of the U.S.--Testing

Manual (Draft),'' which implements dredged material testing

requirements under the CWA.

The final testing manual will be published in approximately 6

months after review and consideration of the comments received on this

draft.

Dated: July 18, 1994.

Mark Luttner,

Acting Assistant Administrator for Water.

[FR Doc. 94-17772 Filed 7-20-94; 8:45 am]

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