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epa ocean testing manualDredged material proposed for ocean disposal is evaluated and tested to ensure that the material will not adversely affect human health and the marine environment. The sediments dredged from our nation’s waterways sometimes are contaminated by historic chemical pollutants. If biologically available, such contaminants may be ingested or absorbed by marine organisms, resulting in toxicity (e.g., death) or bioaccumulation (accumulation of pollutants in the organism’s tissues), which, in turn, exposes other organisms in the food web and ultimately humans when contaminated seafood is eaten. The purpose of the evaluation procedures is to ensure efficient and reliable protection against toxicity and bioaccumulation that otherwise may impair the marine environment or human health. Under section 103 of the MPRSA, any proposed dumping of dredged material into ocean waters must be evaluated through use of EPA’s ocean dumping criteria (40 CFR 220-229). The Ocean Testing Manual provides guidance for sampling, testing, and analysis of water, sediment and tissue to evaluate the environmental acceptability of dredged material proposed for ocean disposal. Uncharacterized materials are prohibited from ocean disposal (40 CFR 227.5(c)). Therefore, EPA and USACE review sampling and analysis plans to ensure that each project’s sediments are appropriately characterized. For all other dredging projects involving ocean disposal, local sediment testing guidance is provided on a case-by-case basis, using the Ocean Testing Manual (Green Book). The Inland Testing Manual is national guidance which provides best available methods for this CWA evaluation. To learn more about dredged material evaluation under the Clean Water Act, please visit Section 404 of the CWA Web page. The technical guidance is intended for use by dredging applicants, laboratory scientists and regulators in evaluating dredged-material compliance with the United States Ocean Dumping Regulations.https://fapobenas.com/assets/dmr-es10-manual.xml
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This manual is applicable to all activities involving the transportation of dredged material for the purpose of dumping it in ocean waters outside the baseline from which the territorial sea is measured. See EPA’s About PDF page to learn more. The technical guidance is intended for use by dredging applicants, laboratory scientists and regulators in evaluating dredged-material compliance with the United States Ocean Dumping Regulations. Much of the text is extracted from draft documents. As such, theOut Sensitive and IncompatibleSpecific EPA activities includeThe size, configuration, and location of any disposalSection 103 further providesPrior to issuing permits, the statuteUnder the statute, EPA is to grant the waiver of the criteriaFrequency and intensity of site monitoring varies amongEPA's goal is accomplishedMuch of the text is extracted from draft documents. As such, theComments on and adaptations toA number of statutes, treaties, and regulationsThe following areThe Convention entered into force for the UnitedThe dumping of wastes is regulated byLDC jurisdiction includes all waters seaward ofThe LDC has generaBy agreed thatIn preparation by Battelle Ocean Sciences and EAThe intent ofCWA covers disposal of fillEstuarine and inland aquatic discharge falls under CWA.Studies of long-This research may also identify impacts from otherIn preparation byThe fundamental precept oftheseCompliance with these Guidelines has to be clearly demonstratedTlere are several specificThese applyThe authority may be used. EPA may also exerciseIn preparation by Battelle Ocean Sciences and EAActions coordinated by theThe Act establishes a nationalThis document isIn preparation by Battelle OceanThese regulations were revised in 1977 in Title. In addition to reflecting the statutory factors set forth inMaterials that fail to pass theseA manual was published inIf ocean dumping is to be pursued,Final report for the U.S. Environmental Protection AgencyFinal report for the U.S.http://mystery.potrebitel.by/images/custom/dmr-es15-service-manual.xmlFinal report for the U.S. EnvironmentalEPA Contract No. 68-01-6938, TC-3953-Interim sites were'designated by EPA followingA site is designated as interim until all the required environmentalIf the criteria are met, theDesignation of a site does notTle size, configuration, and location of any disposalLocating and designating appropriateTiering of the information and theFor example, the locations of majorA candidate disposal site could beAlternatively, a farfield assessment ofBecause theThis will enableThe tiering concept represents a logicalThe site-designation process also includes a preliminaryBecause the more detailed analysesCertain characteristics of the sediments andCharacteristics of candidate sites may beComparisons with sites in other regions that wereFinally, comparisonsIt is probable that available informationExceptions might include sites previouslyIle second assessment should beT'he frequency of disposal andIn some cases, theseThis is a common practice along ocean, estuarine, andThis processIn preparation by Battelle Ocean Sciences and EA Engineering,ContaminantEcological factors and aThe following steps are required to identify suitable areas for siteThe proposedImportant factors that should be evaluatedIn most instances where this approach has beenHowever, the shape of the ZSF does notIt may take anyIn any case, theInformation to be mappedT'his can be a time-consuming and difficult task in some areas....In preparation by Battelle Ocean Sciences and EA Engineering,Characteristics that should be considered in determining siteIt can range from being contaminant-free toTle dissolved,To minimize the potential for adverse environmental impacts, theSelection of dispersive orThese characteristics areThe first step is to determine dredgedFrom results of the dilution requirementIn cases where required dilutions areAn estimate of flushing.In preparation by Battelle Ocean Sciences and Tetra Tech, Inc.https://events.citeve.pt/chat-conversation/carena-babysitter-manualth the dredged materialHowever, the following additional factors should be considered forIn such cases, any of the optionsMany of these comparisonsDraft Dredged Material Disposal StrategyFor instantaneous discharges, continuous discharges, andHowever, application of physical oceanographic modelsComparing predicted conditions at aLocation of a dredged materialBiological effects include bothLong-term effectsEcological processes include population andIn preparation byIn preparation byHowever, a framework for disposal of dredgedSome criteria are nowThree examples of models thatExamples are the empirically derived species, abundance,They use toxicological data in theThese water-quality criteria are thenThis approachTo assess theAlthough promising, this model assumesMoreover, it incorporates majorInpreparationbyThe evaluation of ocean dumpingDesignation of a site does not authorize the dumping of wasteThe EIS addresses theBased on comments received on theThe EPA has an oversight and rUnder the CWA Section 401(a), any applicant for a FederalA certificationIf the State denies certification, the permittingThe State-certificationThe public-interest review is conductedIn the public interestThe public-interest review weighs benefits againstThis review is supposed to address factors such asDraft DredgedIn preparation by Battelle Ocean Sciences and EA Engineering,The regulations do not stipulate permitConsequently, all other permits continue in effect untilHowever, EPARegional permits are issued by the District orNationwide permits are issued by the Chief ofActivities under a permit are valid only if the permitIf an activity is covered under a nationwide permit, theInstead, the person must comply with the conditions underIn terms of ocean disposal, nationwide permits apply only toHowever, it is important to note that detailedIn preparation byIn preparation by Battelle Ocean Sciences and Science ApplicationsDumping is permittedThis avoids potential EPA nonconcurrence of the permit.https://diatecgroup.com/images/complete-medical-staffing-agency-start-up-guide-and-operations-manual.pdfRegional jurisdiction to act onIf the proposed dumping does not comply with EPAIn preparation byThe legal constraints,Rather they are aids for determining the relativeThey will also aid in differentiating among subsets of upland orFor purposes of this discussion,The characteristics of the dredged material are thenSelecting the correct option is a qualitative process that dependsIf testing... indicates that the dredgedThey will help to not only determine the appropriateOn the other hand, if biologicalDraft DredgedIn preparation by Battelle Ocean Sciences and EA Engineering,If EPA finds that the ocean-disposal activity does not meetIn preparation by Battelle Ocean SciencesIn preparation byThe 1990 Green Book is aIn early 1991, EPA and the USACEThis revised Green Book willHowever, it will be the official EPA and USACE guidance forAdditional information on the EPA role inThe procedureTiers III and IV contain biological evaluations that are more intensive andThe basis of 40 CFR 220-228Since then manyAlso since 1977, region-specific criteria andIn the subsequentThe manual is now undergoing minorFinalization andUntil this date, the guidance of theThe 1990 Green Book will be modified as needed to correlate withIntegral to theThis protocol was developed out ofThree EPA Regions and CEIn summary, the Green BookA yellow-light evaluation in Tiers I-However, a red-light evaluation does not necessarily exclude allFor instance, if appropriate management actions can makeManagement-actionAs presently written, the dredged -materialHowever, toTo exit a tier before reaching a green light requires the dredging applicantIn such cases, the applicant might choose to not spend additionalThe only absolute requirement is that the dredgedThe tiered-For many dredging operations,This is especially true of areas that have historicallyTable 1 lists the possible sources of information that can be used toThe list is not intended to beWhatever theAn evaluation at thisIf the information isSection 227.29 of the regulations defines initial mixingDuring this 4-hour period, the concentrationExceeding the LPC outside the site at any timeADDAMS models can be run on a personalThe models account for the physical processes ofThree separate ADDAMS models address different methods ofThe models haveHowever, theEPA and the CE are in the process ofWhen the models are fully verified and approved, they will beThis assumes that all ofAt a typical disposal site, unless it is extremely deepSince distribution of the 1990 manual, the models haveIn general,Nonpolar organic chemicalsThis includes chlorinatedIt does not include polar organicIf all of the contaminants of concern in the dredgedThe TBP calculation is based on concentration ofIf the TBP of the dredged material isIn the meanwhile,The evaluations in this tier are based onThe bioassays are run if the Tier II evaluationsA typical test monitors organismThe LPC for this evaluation is 1 of the LC50. Following theTo conduct these test, theThe organisms used in the tests are surrogates for disposalThe toxicity tests quantify lethality.If, however, acute toxicityInfaunal amphipods, suchThey are sensitive bioindicators of impact as they bothEach set of test species shouldThe ecological and economicTests at this level are selected toBioaccumulation levels that exceed those of theTier IV benthic testing is moreThe applicant mustIf the applicant elects to proceed with Tier IV testing, the role ofQA, and a copy of the Ocean Dumping Regulations. The statistics section details theThe QA section details the importance of QA as a management tool forAdditional assessments, such as on theThe guidance in the manualThe tiered-testing protocol is intendedThese regional manuals will supplementWhen the OceanEnvironmental Effects Laboratory, United States ArmyJanuary 1990.If the null hypothesis isTo ensure an effective monitoringBasically, theThe particular factors to be considered inAmplifying theImplicit in the concept of anA monitoringNull hypotheses concerning nearfield and farfieldIt is important to recognize thatActivities involved inSecond-tierThe third tier tests null hypotheses that deal withIf long-term effects are detected,The conceptualData from middle tiers on theFor example,Null hypotheses can also serve as decision points 'for moving fromIdeally, detailed studies in a lower tier will be conducted only whenStatistical considerations are necessary to ensure that theParameters are chosen that usually have theThat strategy willSelection criteria for parametersThese parameters may include temperature, salinity, and density...As a result of this variability, monitoring programs must beThe variability must be described andThis goal is achieved by a programIn preparation by BatteHe OceanDesignation of sites by the EPA must take into account theA national MOUFor this reason, the characteristics ofIn either case,A site is evaluatedT'he EPA and theIncluding these limits as part of the site designation allows the EPAFor example, thePermits forThis includes sampling and analysis plans for the dredged materialDredged materials must be tested at the initiation of anyThis testing shouldSubsequent testing may also be required as aHowever, they areIdeally, to. minimize adverse effects from dumping, theThe regulations specify thatIn that case, the site manager must considerAlternatively, a maximum rateBoth of these options minimizeAdditionally, target areas within the dumpsite may be specified.Specific requirements for navigation generallyFor example, appropriate water depths at the siteMaterial disposed under aPrior to use of the site,They also may include field studies conducted during andFor example, a decision to reduce theIn such a case, the site monitoring might be reduced. However,If tests indicate that theFor example, a finding that material leached from theDecisions thatIn preparation by Battelae OceanAs indicated in theThese needs may result from research thatSimilarly, as new, moreThe proposed regulations would revise the ocean-dumpingRevisions toWhen environmentalWorking draft prepared by Battelle MemorialDraft report prepared by Sciience ApplicationsDraft final report. September 1980 (Region 1 Library). August 2002. Updates technical information in SW-846 Chapter 9 ( ). November 1986 Information on print subscription from GPO or one-time print purchase from NTIS or CD ROM from NTIS plus full text of all methods including Updates IIIA, IIIB, IVA and IVB and others online at August 2000. ( ). September 1994. ( ). December 1997. ( ). January 2000. ( ). January 2000. ( ). February 2000. ( ) ( PDF, 18 pp., 485.3KB). August 1977, revised October 1980 (NERL) September 2000. (OST). July 1998 draft (CD ROM). In Biosolids by Enrichment, Selection and Biochemical Characterization. August 1998. (CD ROM). October 2001. ( ) ( PDF, 36 pp., 442.5KB). October 2002. ( ). October 2002. ( ). October 2002. ( or ) ( PDF, 486 pp., 10.35 MB). August 2002. ( ). December 2000. (NSCEP or ). Third edition, November 2000. ( or NEPIS ). October 2001. (NSCEP or ) May 1983, Rev. 1. EPA Region VII Laboratory. (Region 1 Library) August 1985. (Region 1 Library). November 1985 (CD ROM) EPA Region 1, June 29, 1983. (Region 1 Library) August 1989. (Region 1 Library) Part I, July 1996, revised December 1996.Prepared by EPA Region 1 and ACOE, New England Division and NMFS of FWS. May 15, 1989. (Region 1 Library) December 15, 1986. (Region 1 Library) Draft, August 1998. (Region 1 Library) August 1999. PALINTEST LTD. (21 Kenton Lands Road, PO BOX 18395, Erlanger, KY 41018 (606) 341-7423) EPA Region 1, Revision 1, February 21, 2002. ( ) ( PDF, 18 pp., 46.8KB) NERL updated periodically. ( ) Phone (202) 512-1800; fax (202) 512-2250; telex (710) 822-9413; Internet: For technical questions or comments on SW-846.Brief method summary, analytes, relative cost, and download at: Phone (800) 490-9198; fax (513) 891-6685; Internet: Phone (800) 553-6847; fax (703) 321-8547; TDD (703) 487-4639; telex 64617; Internet: If you'd like to make a Just click the button. We’ve made big changes to make the eCFR easier to use. Be sure to leave feedback using the 'Help' button on the bottom right of each page!The Public Inspection page may alsoWhile every effort has been made to ensure thatUntil the ACFR grants it official status, the XMLCounts are subject to sampling, reprocessing and revision (up or down) throughout the day. This information is not part of the official Federal Register document. These can be usefulOnly official editions of theUse the PDF linked in the document sidebar for the official electronic format. This action is necessary to serve the long-term need for an ODMDS for the possible future disposal of suitable dredged material from harbors and navigation channels in southern Maine, New Hampshire, and northern Massachusetts. The DEA recommends designation of the proposed IOSN pursuant to the MPRSA as the preferred alternative from the range of options considered. The draft Site Management and Monitoring Plan (SMMP) is provided as Appendix G of the DEA. EPA-R01-OW-2019-0521, through the Federal eRulemaking Portal. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary Start Printed Page 49076 submission ( i.e. on the web, cloud, or other file sharing system).The following outline is provided to aid in locating information in this preamble. On October 1, 1986, the Administrator delegated the authority to designate ocean dredged material disposal sites (ODMDS) to the Regional Administrator of the Region in which the sites are located. The preferred alternative site, IOSN, is located within the area assigned to EPA Region 1, see 40 CFR 1.7 (b)(1); therefore, this designation is being proposed pursuant to the EPA Region 1 Administrator's delegated authority. Designated ocean disposal sites are codified at 40 CFR 228.15. EPA-designated sites require a SMMP that will help ensure environmentally sound monitoring and management of the sites. Section 103(b) of the MPRSA, 33 U.S.C. 1413 (b), provides that any ocean disposal of dredged material should occur at EPA-designated sites to the maximum extent feasible. In the absence of an available EPA-designated ocean disposal site, however, the USACE is authorized to “select” appropriate ocean disposal sites under MPRSA section 103(b). MPRSA section 103(b) restricts the use of USACE-selected sites to two separate five-year terms. There are no EPA-designated dredged material disposal sites off the coast of southern Maine, New Hampshire, and northern Massachusetts. There is one USACE-selected site in this area, the Cape Arundel Disposal Site (CADS), but it will no longer be available after December 31, 2021, when its Congressionally-authorized term of use expires. With few exceptions, the MPRSA prohibits the transportation of material from the United States for the purpose of ocean dumping except as may be authorized by a permit or authorization issued under the MPRSA. The MPRSA divides permitting responsibility between EPA and the U.S. Army Corps of Engineers (USACE).This permitting authority has been delegated to the District Engineer of the USACE New England District. The USACE makes determinations whether to issue permits and authorizations for dredged material based on the application of, among other things, EPA's ocean dumping criteria regulations. See 40 CFR 227.4, 227.5 and 227.6. MPRSA permits and federal projects involving ocean dumping of dredged material are subject to EPA review and concurrence in accordance with 33 U.S.C. 1413 (c). EPA may concur with or without conditions or decline to concur on the permit, i.e., non-concur. If EPA concurs with conditions, the final permit must include those conditions. If EPA declines to concur (non-concurs) on an ocean dumping permit for dredged material, USACE cannot issue the permit. EPA has conducted the disposal site designation process consistent with the requirements of the MPRSA, the National Environmental Policy Act (NEPA), the Coastal Zone Management Act (CZMA), and other relevant statutes and regulations. The site designation is intended to be effective for an indefinite period of time. For example, designation of the proposed IOSN would only make that ocean site available to receive dredged material from a specific project if no environmentally preferable, practicable alternative for managing that dredged material exists, and if analysis of the dredged material indicates that it is suitable for ocean disposal under the MPRSA. See 40 CFR 227.1 (b), 227.2 and 227.3; 40 CFR part 227, subparts B and C. See 40 CFR 227.16. In addition, the dredged material from each proposed disposal project will be subject to MPRSA sediment testing requirements to determine its suitability for possible ocean disposal at an approved site. See 40 CFR 227.6. Alternatives to ocean disposal that will be considered include upland disposal and beneficial uses such as beach nourishment. If environmentally preferable, practicable disposal alternatives exist, ocean disposal will not be allowed. EPA also will not approve dredged material for ocean disposal if it determines that the material has the potential to cause unacceptable adverse effects to the marine environment or human health. Start Printed Page 49077 EPA is authorized to close or limit the use of these sites to further disposal activity if their use causes unacceptable adverse impacts to the marine environment or human health. This is necessary to ensure the viability of dredging projects needed to maintain international commerce and navigation through authorized federal navigation projects and to ensure safe vessel passage for public and private entities. The appropriateness of ocean disposal for any specific, individual dredging project will be determined on a case-by-case basis under the permit and authorization (in the case of Corps projects) process under MPRSA. The existing CADS is a USACE short-term selected site under MPRSA section 103(b) and is scheduled to close on December 31, 2021. The draw area ( i.e., the area from which dredged material would come) for the proposed IOSN disposal site would encompass any projects closer to that site than to either the PDS or MBDS. The center of the ZSF is located about 42 miles from the MBDS and 43 miles from the PDS. This, in turn, would greatly increase the cost of such projects and would likely render many dredging projects too expensive to conduct, thus threatening safe navigation and interfering with marine recreation and commerce. Furthermore, the greater transport distance would also be environmentally detrimental because it would entail greater energy use, increased air emissions, and increased risk of spills or disposal outside of the prescribed ocean dumping zone (“short dumps”) (DEA, Section 7.0). Regarding air emissions, increased hauling distances may require using larger scows with more powerful tug boats, which would use more fuel and cause more emission of air pollutants. With the CADS (a USACE-selected site under MPRSA section 103 for short-term use) nearing capacity and expiring on December 31, 2021, EPA's ocean disposal site designation studies were designed to determine whether this site or any other sites should be designated for continued long-term use. This is because the natural processes of erosion and siltation result in sediment accumulation in federal navigation channels, harbors, port facilities, marinas, and other important areas of our water bodies. Unsafe navigational conditions not only threaten public health and safety, but also pose an environmental threat from an increased risk of spills from vessels involved in accidents. There are many important navigation-dependent businesses and industries in the southern Maine, New Hampshire, and northern Massachusetts region, ranging from shipping (especially the transportation of petroleum fuels and bulk materials), to recreational boating-related businesses, marine transportation, commercial and recreational fishing, interstate ferry operations, and U.S. Navy and U.S. Coast Guard facilities. These businesses and industries contribute substantially to the region's economic output, the gross state product (GSP) of the bordering states, and tax revenue. Continued access to harbors, berths, and mooring areas in the ZSF is vital to ensuring the continued economic health of these industries, and to preserving the ability of the region to import fuels, bulk supplies, and other commodities at competitive prices and to preserve ocean access for the commercial fishing fleet that exists within the ZSF. In addition, preserving navigation channels, marinas, harbors, berthing areas, and other marine resources, improves the quality of life for residents and visitors to the southern Maine, New Hampshire, and northern Massachusetts region by facilitating recreational boating and associated activities, such as fishing and sightseeing. This proposed rule is expected to be primarily of relevance to: Industry and general public Port authorities, shipyards and marine repair facilities, marinas and boatyards, and berth owners. EPA notes that nothing in this proposed rule alters the jurisdiction or authority of EPA, the USACE, or the types of entities regulated under the MPRSA. Questions regarding the applicability of this proposed rule to a particular entity should be directed to the contact person listed in the preceding FOR FURTHER INFORMATION CONTACT section. A DEA and draft SMMP have been prepared for the proposed IOSN and are available for review and comment by the public. Copies may be obtained by request from the FOR FURTHER INFORMATION CONTACT listed in the introductory section to this proposed rule. Use of the proposed IOSN would be subject to any restrictions included in the site designation and the approved SMMP. These restrictions will be based on a thorough evaluation of the proposed site pursuant to the Ocean Dumping Regulations, potential disposal activity expected at the site, and consideration of public review and comment. Additional restrictions may be placed on any permit or authorization to use the site. Water depths at proposed IOSN vary from 255 feet to 340 feet and gradually slope from approximately 295 feet on the western boundary to 328 feet in the southeastern portion of the site. The area is generally flat soft-bottom. See also 33 U.S.C. 1413 (b) and 40 CFR 228.4 (e). The statute places no specific time limit on the term for use of an EPA-designated ocean disposal site. EPA may, however, place various restrictions or limits on the use of a site based on the site's capacity to accommodate dredged material or other environmental concerns. See 33 U.S.C. 1412 (c). In addition, EPA may, if appropriate, close a previously designated dredged material disposal site. See 33 U.S.C. 1412 (c)(3)(E). See also 40 CFR 228.3 (a). EPA regulations at 40 CFR 228.4 (e)(1) provide, among other things, that EPA will designate any disposal sites by promulgation in 40 CFR part 228. Ocean dumping sites designated on a final basis are promulgated at 40 CFR 228.15. Section 102(c) of the MPRSA, 33 U.S.C. 1412 (c), and 40 CFR 228.3 also establish requirements for EPA's ongoing management and monitoring, in conjunction with the USACE, of dredged material disposal sites designated by EPA to ensure that unacceptable, adverse environmental impacts do not occur. See also 40 CFR 228.7, 228.8, 228.9. It only makes that site available as a possible management option if various other conditions are met first. Use of the site for dredged material disposal must be authorized by the USACE under MPRSA section 103(b), subject to EPA review and concurrence, and such disposal at the site can only be authorized if: (1) It is determined that there is a need for ocean disposal for that project ( i.e., that there are no practicable alternatives to such disposal that would cause less harm to the environment); and (2) the dredged material satisfies the applicable environmental impact criteria specified in ocean dumping regulations at 40 CFR part 227. See 40 CFR 227.1 (b), 227.2, 227.4, 227.5, 227.6 and 227.16. Furthermore, the authorization for disposal also is subject to review for compliance with other applicable legal requirements, which may include the ESA, the MSFCMA, the CWA (including any applicable state water quality standards), NEPA, and the CZMA.