Clean Ocean Preservation Act of 2003

108th CONGRESS
1st Session

H. R. 113

To establish the HARS-specific PCB effects level, expressed in a certain Memorandum of Agreement issued by the Environmental Protection Agency and the Corps of Engineers, as a final criterion.

IN THE HOUSE OF REPRESENTATIVES

January 7, 2003

Mr. SMITH of New Jersey (for himself, Mr. PALLONE, Mr. ANDREWS, Mr. LOBIONDO, Mr. SAXTON, Mr. FRELINGHUYSEN, Mr. HOLT, and Mr. ROTHMAN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To establish the HARS-specific PCB effects level, expressed in a certain Memorandum of Agreement issued by the Environmental Protection Agency and the Corps of Engineers, as a final criterion.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Clean Ocean Preservation Act of 2003'.

SEC. 2. EFFECT OF MEMORANDUM OF AGREEMENT.

(a) IN GENERAL- The joint Memorandum of Agreement signed in September of 2000 by the Environmental Protection Agency and the Army Corps of Engineers established an effects level of 113 parts per billion, of poly-chlorinated biphenyls (PCBs) detected in the tissue of worms tested in sediments to be used as remediation material at the Historic Area Remediation Site (HARS) off the coast of New Jersey. This HARS-specific effects level for PCBs is hereby established as final criterion for making decisions regarding placement of sediments as remediation material at the HARS. The arithmetic mean concentration, without use of statistical confidence intervals, reported for the analyses of the worm tissue replicates exposed to the tested sediments shall not exceed the criterion.

(b) MINIMUM LEVEL- The Administrator of the Environmental Protection Agency, using the rulemaking authority provided pursuant to the Marine Protection, Research, and Sanctuaries Act of 1972, may only promulgate a rule, with regard to sediments to be used as remediation material at the Historic Area Remediation Site off the coast of New Jersey, that is equal or more protective of human health and the environment than the 113 PCB criterion.

END