EPA clarifies sediment testing requirements.

NEW YORK--(BUSINESS WIRE)--Sept. 23, 1996--The U.S. Environmental Protection Agency today issued a final rule to clarify provisions of the agency's ocean dumping regulations for sediment testing to determine the potential effects of ocean disposal of dredged material on the marine environment.

Expeditious issuance of today's rule is one part of the Clinton Administration's plan, announced on July 24, to take steps toward resolving dredging issues in the New York/New Jersey Harbor area.

Under the final rule, EPA will continue to require sediment testing using at least two sensitive marine species that must collectively represent three characteristics -- burrowing, filter feeding and deposit feeding -- that make them susceptible to exposure to sediment contaminents. The species currently required by EPA's testing manual are sensitive indicators of the potential effects of ocean disposal of dredged material.

"We are absolutely committed to protecting public health and maintaining ocean protections," said EPA assistant administrator for water Bob Perciasepe. "Today's rule provides a common-sense solution to an important testing issue. We remain committed to working with all affected stakeholders to take steps needed to resolve remaining testing issues in ways that make both economic and environmental sense."

"This rule protects the marine environment while clearing the way for applicants to move forward in applying for dredge permits," said Jeanne Fox, EPA Region 2 Administrator. "We keep the same stringent protections we've had since 1991, but eliminate the confusion about testing procedures."

Today's rule confirms existing practices and clarifies regulatory language that was interpreted by the United States Court of Appeals for the Third Circuit in a different manner than EPA intended, resulting in uncertainty about sediment testing requirements related to ocean dumping. The action eliminates uncertainty by making clear that permit applicants may test two species as long as all three means of exposure are addressed in the testing. Some species may exhibit more than one exposure characteristic, for example, worms both burrow and eat decayed organic material, and clams both burrow and filter feed, reflecting two possible routes of exposure to contaminated sediment.

While a rule proposed in February 1996 would have clarified other provisions of testing requirements, the EPA has elected to finalize only that portion of the rule addressing the number of species required in sediment testing. EPA will be investing at least nine months in a process for all affected groups to help the Agency review the ocean disposal testing requirements and to ensure that any further revision reflects both sound policy and science.

CONTACT: U.S. Environmental Protection Agency

Region 2

Mary Mears, 212/637-3669

email: [e-mail]