II

103D CONGRESS

1ST SESSION S. 1183

To amend the Federal Water Pollution Control Act to provide for confined

spoil disposal facilities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 30, 1993

Mr. METZENBAUM (for himself, Mr. GLENN, Mr. LEVIN, Mr. KOHL, Mr.

FEINGOLD, Ms. MOSELEY-BRAUN, Mr. SIMON, and Mr. RIEGLE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Federal Water Pollution Control Act to provide for confined spoil disposal facilities, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Great Lakes Clean

5 Water Amendments Act of 1993’’.

6 SEC. 2. SEDIMENT MANAGEMENT.

7 Section 118 of the Federal Water Pollution Control

8 Act (33 U.S.C. 1268) is amended—
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1 (1) by redesignating subsections (d) through (h)

2 as subsections (g) through (k), respectively; and

3 (2) by inserting after subsection (c) the follow4 ing new subsection:

5 ‘‘(d) SEDIMENT MANAGEMENT.—

6 ‘‘(1) IN GENERAL.—After December 31, 1994,

7 it shall be unlawful to dump or otherwise dispose of

8 dredge spoil at any location in the waters of the

9 Great Lakes, other than at a confined spoil disposal

10 facility, unless—

11 ‘‘(A) the Administrator has concurred in

12 writing with the decision of the Secretary of the

13 Army (referred to in this subsection as the

14 ‘Secretary’) to allow the disposal (either with or

15 without conditions), if the concurrence is based

16 on a determination that the proposed disposal is

17 consistent with the guidelines developed pursu18 ant to paragraph (2); or

19 ‘‘(B) 45 days (or 90 days, in a case in

20 which the Administrator has requested an ex21 tension from the Secretary in writing) have

22 elapsed since the date on which the Adminis23 trator received from the Secretary all material

24 necessary to evaluate the proposed disposal,

25 and—
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1 ‘‘(i) the Administrator has not issued

2 an opinion regarding the project; and

3 ‘‘(ii) the Secretary has found that the

4 disposal is consistent with the guidelines

5 developed pursuant to paragraph (2).

6 ‘‘(2) GUIDELINES FOR DISPOSAL OF SEDIMENT

7 MATERIAL.—

8 ‘‘(A) DEVELOPMENT OF GUIDELINES.—

9 Not later than December 31, 1994, the Admin10 istrator shall, after notice and opportunity for

11 public comment, and in consultation with the

12 Secretary and the Director of the Fish and

13 Wildlife Service, develop guidelines for the dis14 posal of sediment material in the open waters

15 of the Great Lakes.

16 ‘‘(B) REQUIREMENTS.—The guidelines

17 shall ensure that the sediment material will be

18 managed and disposed of in a manner that

19 will—

20 ‘‘(i) not degrade the aquatic and ter21 restrial environment, including the chemi22 cal, physical, and biological characteristics

23 of the substrate;

24 ‘‘(ii) not endanger human health or

25 welfare;
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1 ‘‘(iii) be consistent with any approved

2 coastal zone management plan for the

3 State or States bordering the lake in which

4 the disposal occurs;

5 ‘‘(iv) protect municipal and private

6 water supply intake zones;

7 ‘‘(v) protect recognized commercial or

8 recreational fishing grounds and the

9 spawning, nursery, food supply, or migra10 tion areas on which fish are dependent;

11 ‘‘(vi) protect against excessive

12 resuspension or the spread of material to

13 areas outside the disposal area;

14 ‘‘(vii) ensure the protection and prop15 agation of a balanced, indigenous popu16 lation of fish, shellfish, and wildlife in the

17 area; and

18 ‘‘(viii) not cause a violation of any

19 water or sediment quality standard adopt20 ed pursuant to this Act.

21 ‘‘(C) REUSE AND DISPOSAL METHODS.—

22 The guidelines developed pursuant to this para23 graph shall take into consideration the environ24 mental impacts and benefits of alternative reuse

25 and disposal methods.
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1 ‘‘(D) REVISIONS.—After providing notice

2 and opportunity for public comment, the Ad3 ministrator shall, as appropriate, revise the

4 guidelines to incorporate any Federal or State

5 guideline, criterion, or restriction related to

6 sediment disposal in the Great Lakes that takes

7 effect after the date of development of the ini8 tial guidelines.

9 ‘‘(3) ENFORCEMENT.—

10 ‘‘(A) PENALTIES.—Any person found to be

11 in violation of this subsection shall be subject

12 to—

13 ‘‘(i) a civil penalty in an amount not

14 to exceed the amount provided under sec15 tion 309(d) with respect to a civil penalty

16 assessed by a court; or

17 ‘‘(ii) an amount provided under sec18 tion 309(g) with respect to a civil penalty

19 assessed by the Administrator.

20 ‘‘(B) ASSESSMENT.—The assessment of a

21 civil penalty under this paragraph shall be con22 ducted in the same manner as is provided for

23 the assessment of a civil penalty under section

24 309.
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1 ‘‘(4) ESTABLISHMENT OF CONFINED SPOIL DIS2 POSAL FACILITIES.—The Secretary may not estab3 lish, expand, or substantially modify any confined

4 spoil disposal facility in the waters of the Great

5 Lakes unless—

6 ‘‘(A) the Administrator has concurred in

7 writing with the decision of the Secretary to es8 tablish, expand, or modify the facility, and the

9 concurrence is based on—

10 ‘‘(i) a consideration of the environ11 mental and economic benefits of using a

12 confined spoil disposal facility to remove

13 contaminated sediment from the aquatic

14 habitat;

15 ‘‘(ii) a consideration of the potential

16 effects of the project on pollutant and sedi17 ment transport; and

18 ‘‘(iii) a determination that the facility

19 is consistent with the guidelines established

20 pursuant to paragraph (2); or

21 ‘‘(B) 45 days (or 90 days, in a case in

22 which the Administrator has requested an ex23 tension from the Secretary in writing) have

24 elapsed since the date on which the Adminis25 trator received from the Secretary all material
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1 necessary to evaluate the proposed facility,

2 and—

3 ‘‘(i) the Administrator has not issued

4 an opinion regarding the proposed facility;

5 and

6 ‘‘(ii) the Secretary has—

7 ‘‘(I) provided an opportunity for

8 public review and comment; and

9 ‘‘(II) determined that the facility

10 is consistent with the guidelines estab11 lished pursuant to paragraph (2).

12 ‘‘(5) EVALUATION AND IDENTIFICATION OF FA13 CILITIES.—

14 ‘‘(A) EVALUATION.—Not later than De15 cember 31, 1994, the Administrator shall, with

16 respect to each confined spoil disposal facility

17 located in the waters of the Great Lakes, evalu18 ate the existing and projected integrity of the

19 facility.

20 ‘‘(B) IDENTIFICATION.—Not later than

21 December 31, 1994, the Administrator, in con22 sultation with the Secretary, shall identify each

23 confined spoil disposal facility located in the

24 waters of the Great Lakes that is at risk of

25 causing an exceedance of water or sediment
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1 quality standards or interfere with the protec2 tion and propagation of a balanced, indigenous

3 population of fish, shellfish, and wildlife.

4 ‘‘(6) MANAGEMENT PLANS.—

5 ‘‘(A) IN GENERAL.—Not later than Octo6 ber 1, 1994, the Administrator, in cooperation

7 with the Secretary and the Director of the Fish

8 and Wildlife Service, an appropriate official of

9 each host State, and local sponsors shall de10 velop and implement a management plan for

11 each confined spoil disposal facility located in

12 the waters of the Great Lakes.

13 ‘‘(B) PUBLIC COMMENT.—In developing a

14 plan, the Administrator shall provide an oppor15 tunity for public comment on the scope and

16 content of the plan.

17 ‘‘(C) REQUIREMENTS.—Each plan shall in18 clude—

19 ‘‘(i) a baseline assessment of condi20 tions at the site;

21 ‘‘(ii) a program for monitoring the

22 site;

23 ‘‘(iii) special management conditions

24 or practices that are necessary for the pro-
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1 tection of human health, wildlife, and the

2 environment;

3 ‘‘(iv) a consideration of the quantity

4 of material to be disposed of at the site,

5 and the presence, nature, and

6 bioavailability of contaminants in the ma7 terial;

8 ‘‘(v) a program for reducing to a min9 imum the volume and toxicity of sediment

10 disposed of at the site;

11 ‘‘(vi) a schedule of the anticipated use

12 of the site over the long term, including

13 the anticipated closure date for the site, if

14 applicable, and any post-closure manage15 ment of the site that will be implemented

16 pursuant to clause (iii);

17 ‘‘(vii) any restrictions on public access

18 or access by wildlife to confined spoil dis19 posal facilities that are necessary for envi20 ronmental, safety, and health reasons;

21 ‘‘(viii) a schedule for the review and

22 revision of the plan, that shall include pro23 visions for review and revision not later

24 than 5 years after the date of adoption of

25 the plan, and every 5 years thereafter;
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1 ‘‘(ix) an allocation of the costs of im2 plementing the plan, including the share of

3 the Environmental Protection Agency, the

4 Department of the Army, each host State,

5 local sponsors, and any other party that

6 the Administrator, in cooperation with the

7 officials and entities referred to in sub8 paragraph (A), determines appropriate.

9 ‘‘(7) REMEDIATION PLANS.—

10 ‘‘(A) IN GENERAL.—Not later than De11 cember 31, 1996, the Secretary shall, in con12 sultation with the Administrator, the Director

13 of the Fish and Wildlife Service, the appro14 priate official of each host State, and local

15 sponsors—

16 ‘‘(i) develop a confined spoil disposal

17 facility remediation plan for each confined

18 spoil disposal facility identified in para19 graph (5)(B); and

20 ‘‘(ii) submit each remediation plan to

21 the Administrator.

22 ‘‘(B) REQUIREMENTS.—The remediation

23 plan shall include a schedule of engineered im24 provements, closure or post-closure require25 ments, or restrictions of the facility, or other
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1 measures to ensure that the facility will not ex2 ceed water or sediment quality standards or

3 interfere with the protection and propagation of

4 a balanced indigenous population of fish, shell5 fish, and wildlife.

6 ‘‘(C) RESTRICTION OR CLOSURE OF FACIL7 ITY.—Any confined spoil disposal facility reme8 diation plan that recommends restriction or clo9 sure of the confined spoil disposal facility

10 shall—

11 ‘‘(i) identify appropriate alternative

12 disposal options, including the estimated

13 costs and environmental benefits and im14 pacts of the alternatives; and

15 ‘‘(ii) include a schedule for initiating

16 the alternatives and allocating costs, if ap17 plicable.

18 ‘‘(D) APPROVAL OF PLAN.—Not later than

19 90 days after receipt of a confined spoil dis20 posal facility remediation plan, the Adminis21 trator, in consultation with the Director of the

22 Fish and Wildlife Service , shall make a deter23 mination whether to approve the plan.

24 ‘‘(E) COSTS.—Costs associated with imple25 menting any approved confined spoil disposal
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1 facility remediation plan shall be allocated in a

2 manner consistent with the confined spoil dis3 posal facility project authorization.

4 ‘‘(F) DESIGN AND CONSTRUCTION.—

5 ‘‘(i) IN GENERAL.—The Secretary

6 may design, engineer, and construct com7 ponents of any confined spoil disposal facil8 ity remediation plan in a manner consist9 ent with this section.

10 ‘‘(ii) DEADLINE.—If, by January 1,

11 1999, a confined spoil disposal facility re12 mediation plan has not been undertaken

13 for a confined spoil disposal facility identi14 fied under paragraph (5)(B), the Adminis15 trator shall terminate the use of the facil16 ity and shall develop a post-closure remedi17 ation plan to be implemented jointly by the

18 Administrator, the Secretary, and the host

19 State.

20 ‘‘(8) DREDGING AND DISPOSAL OPERATIONS.—

21 The Secretary shall continue dredging and disposal

22 operations in the Great Lakes basin to maintain

23 navigational channels to authorized depths in a man24 ner that is consistent with this section.
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1 ‘‘(9) OTHER CONSIDERATIONS.—Nothing in

2 this section shall prohibit the Administrator from

3 considering other relevant environmental laws, regu4 lations, or such other criteria as the Administrator

5 determines to be appropriate, in making a decision

6 to concur or decline to concur with respect to the

7 applying any provision of this section in cooperation

8 with another person or entity.

9 ‘‘(10) PERMIT REQUIREMENT.—

10 ‘‘(A) REQUIREMENT.—Beginning on Octo11 ber 1, 1994, any person who disposes of dredge

12 spoil at a confined spoil disposal facility shall

13 obtain a permit from the Secretary, who shall

14 issue the permit with the concurrence with the

15 Administrator.

16 ‘‘(B) PERMITS.—

17 ‘‘(i) CONDITIONS.—A permit issued

18 under this paragraph shall specify such

19 conditions as are necessary to ensure that

20 disposal will be consistent with the man21 agement plan for a confined spoil disposal

22 facility.

23 ‘‘(ii) MONITORING.—A permit issued

24 under this paragraph shall contain such

25 provisions for monitoring and assessment
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1 as are necessary to determine compliance

2 with the permit.

3 ‘‘(C) TERM.—

4 ‘‘(i) IN GENERAL.—Subject to clause

5 (ii), a permit issued under this paragraph

6 shall be issued for the term of the disposal

7 activity specified pursuant to subparagraph

8 (B)(i).

9 ‘‘(ii) LIMITATION.—No permit shall

10 be issued for a period exceeding 5 years.

11 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated such sums

13 as are necessary to carry out this subsection.’’.

14 SEC. 3. SEDIMENT REDUCTION.

15 (a) IN GENERAL.—Section 118 of the Federal Water

16 Pollution Control Act (33 U.S.C. 1268), as amended by

17 section 2, is further amended by inserting after subsection

18 (d) the following new subsection:

19 ‘‘(e) SEDIMENT REDUCTION.—

20 ‘‘(1) GREAT LAKES TRIBUTARY SEDIMENT

21 TRANSPORT MODELS.—

22 ‘‘(A) MODELS.—For each major river sys23 tem or set of major river systems depositing

24 sediment into a Great Lakes federally author25 ized commercial harbor, channel maintenance
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1 project site, or area of concern, the Secretary of

2 the Army (referred to in this subsection as the

3 ‘Secretary’), in cooperation with the Adminis4 trator, shall develop a tributary sediment trans5 port model that shall—

6 ‘‘(i) measure stream discharge rates,

7 total suspended solids loadings, and

8 bedload transport within the tributary and

9 harbor;

10 ‘‘(ii) measure additional parameters,

11 such as nitrates, phosphates, persistent

12 toxic substances, and heavy metals, using a

13 protocol approved by the Administrator, on

14 a river-by-river basis in accordance with

15 any agreement between the Secretary, the

16 Administrator, the host State, and any rel17 evant non-Federal entity;

18 ‘‘(iii) estimate the percentage of total

19 sediment loadings into the harbors, chan20 nels, and areas of concern originating from

21 each subwatershed of the river system; and

22 ‘‘(iv) characterize the physical nature

23 of the sediment materials.

24 ‘‘(B) COORDINATION WITH OTHER ENTI25 TIES.—In developing the tributary sediment
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1 transport models, the Secretary shall cooperate,

2 consult, and coordinate with—

3 ‘‘(i) the Administrator;

4 ‘‘(ii) the Governors of the Great

5 Lakes States;

6 ‘‘(iii) the Chief of the Soil Conserva7 tion Service of the Department of Agri8 culture;

9 ‘‘(iv) the Director of the United

10 States Geological Survey of the Depart11 ment of the Interior;

12 ‘‘(v) the Director of the United States

13 Fish and Wildlife Service of the Depart14 ment of the Interior; and

15 ‘‘(vi) the heads of such other Federal

16 agencies as the Administrator determines

17 to be appropriate.

18 ‘‘(C) OTHER CONSIDERATIONS.—In devel19 oping the tributary sediment transport models,

20 the Secretary shall—

21 ‘‘(i) coordinate tributary sediment

22 transport modeling efforts with the efforts

23 of the Administrator to produce com24 prehensive Lakewide Management Plans,
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1 Remedial Action Plans, mass balance mod2 els, and water quality models;

3 ‘‘(ii) build upon data and monitoring

4 infrastructure generated in earlier studies

5 and programs; and

6 ‘‘(iii) complete models for 30 major

7 river systems within the 5-year period be8 ginning on the date of enactment of this

9 clause.

10 ‘‘(2) SEDIMENT LOAD REDUCTION.—

11 ‘‘(A) ANALYTICAL METHOD.—Not later

12 than 18 months after the date of enactment of

13 this subparagraph, the Secretary, with the writ14 ten concurrence of the Administrator, shall—

15 ‘‘(i) develop an analytical method to

16 project the effectiveness and efficiency of

17 sediment source reduction approaches and

18 scenarios in reducing upstream sediment

19 loadings into, and transport within, spe20 cific Great Lakes federally authorized com21 mercial harbors, channel maintenance

22 project sites, and areas of concern of the

23 Great Lakes;

24 ‘‘(ii) for each model developed under

25 paragraph (1), use the method described in
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1 clause (i) to conduct sediment load reduc2 tion analyses to estimate the potential ef3 fectiveness and efficiency of upstream sedi4 ment source reduction approaches and sce5 narios to reduce sedimentation in Great

6 Lakes federally authorized commercial har7 bors, channel maintenance sites, and areas

8 of concern of the Great Lakes; and

9 ‘‘(iii) provide sediment load and trans10 port reduction analysis information to the

11 States, upon request, regarding river sys12 tems within the jurisdiction of the State.

13 ‘‘(B) COORDINATION WITH OTHER ENTI14 TIES.—In developing the analytical method de15 scribed in subparagraph (A), the Secretary shall

16 work in cooperation, consultation, and coordina17 tion with—

18 ‘‘(i) the Administrator;

19 ‘‘(ii) the Governors of the Great

20 Lakes States;

21 ‘‘(iii) the Chief of the Soil Conserva22 tion Service of the Department of Agri23 culture;
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1 ‘‘(iv) the Director of the United

2 States Geological Survey of the Depart3 ment of the Interior;

4 ‘‘(v) the Director of the United States

5 Fish and Wildlife Service of the Depart6 ment of the Interior; and

7 ‘‘(vi) the heads of such other Federal

8 agencies as the Administrator determines

9 to be appropriate.

10 ‘‘(C) DEVELOPMENT AND APPLICATION.—

11 In developing and using the analytical methods

12 described in subparagraph (A), the Secretary

13 shall consider only sediment reduction ap14 proaches and scenarios that are consistent

15 with—

16 ‘‘(i) the guidance issued pursuant to

17 section 6217(g) of the Omnibus Budget

18 Reconciliation Act of 1990 (16 U.S.C.

19 1455b(g)), if applicable;

20 ‘‘(ii) relevant State coastal zone man21 agement programs approved pursuant to

22 section 306 of the Coastal Zone Manage23 ment Act of 1972 (16 U.S.C. 1455);
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1 ‘‘(iii) relevant State nonpoint source

2 pollution control programs approved in a

3 manner consistent with section 319; and

4 ‘‘(iv) recommendations of any relevant

5 Remedial Action Plans and programs and

6 measures contained in Annex 3 of the

7 Great Lakes Water Quality Agreement and

8 the supplement to the Annex.

9 ‘‘(D) TECHNICAL SUPPORT.—The Sec10 retary shall encourage and provide technical

11 support for Federal, State, and local efforts to

12 reduce sedimentation in harbors through im13 proved upstream land management practices,

14 consistent with—

15 ‘‘(i) State coastal zone management

16 programs approved pursuant to section

17 306 of the Coastal Zone Management Act

18 of 1972 (16 U.S.C. 1455); and

19 ‘‘(ii) State nonpoint source pollution

20 control programs pursuant to section 319.

21 ‘‘(3) LOAD REDUCTION GRANTS.—

22 ‘‘(A) IN GENERAL.—The Secretary of the

23 Army shall in cooperation with the Adminis24 trator, and within three months of the date of

25 appropriation transfer funds appropriated pur-
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1 suant to paragraph (4) of this Act to the Envi2 ronmental Protection Agency for the purpose of

3 making grants to States pursuant to section

4 319 of the Federal Water Pollution Control Act

5 (33 U.S.C. 1329) for specific projects to reduce

6 the erosion that contributes to the sedimenta7 tion of federally authorized commercial harbors,

8 channel maintenance project sites, and areas of

9 concern.

10 ‘‘(B) GRANT REQUESTS.—A State or a

11 group of States, on the initiative of the State

12 or group of States or at the request of a reme13 dial action planning committee, local govern14 ment, port authority, or any other govern15 mental, public, or private entity, may submit a

16 proposal for funding for a project pursuant to

17 this paragraph.

18 ‘‘(C) GRANT CONDITIONS.—A grant under

19 this paragraph shall—

20 ‘‘(i) be awarded only for a project con21 ducted by a State (or a group of States)

22 that is consistent with any applicable ap23 proved coastal zone management plan and

24 is incorporated in the nonpoint source pol25 lution control program of the State (or,
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1 with respect to a project conducted by each

2 recipient State, under applicable provisions

3 of section 319);

4 ‘‘(ii) conform with the guidance issued

5 pursuant to section 6217(g) of the Omni6 bus Budget Reconciliation Act of 1990 (16

7 U.S.C. 1455b(g));

8 ‘‘(iii) be consistent with the rec9 ommendations of any relevant Remedial

10 Action Plans and Lakewide Management

11 Plans;

12 ‘‘(iv) be administered by agencies des13 ignated in the nonpoint source manage14 ment program of the State;

15 ‘‘(v) improve water quality; and

16 ‘‘(vi) have the potential to reduce pro17 jected dredging costs, including environ18 mental dredging, in an amount comparable

19 to the cost of the erosion control project,

20 within the lifetime of the dredging project.

21 ‘‘(D) STATE GRANTS.—

22 ‘‘(i) IN GENERAL.—Subject to clause

23 (ii), to carry out a project under this para24 graph, a State may award grants from

25 funds made available under this paragraph
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1 for the implementation of an erosion con2 trol measure.

3 ‘‘(ii) LIMITATION.—The amount of a

4 grant under this subparagraph may not ex5 ceed 75 percent of the cost erosion control

6 measure.

7 ‘‘(E) AMOUNT OF GRANT AWARD.—

8 ‘‘(i) IN GENERAL.—A grant under

9 this paragraph shall be in such amount

10 and subject to such conditions as the Sec11 retary, with the concurrence of the Admin12 istrator, shall determine.

13 ‘‘(ii) FEDERAL SHARE.—The Federal

14 share of a grant made under this para15 graph shall be 75 percent of the cost of the

16 project.

17 ‘‘(iii) STATE SHARE.—The State

18 share of a grant made under this sub19 section shall be provided from non-Federal

20 sources.

21 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), there are authorized to be appro24 priated to the Department of the Army to carry
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1 out this subsection, $10,000,000 for each of fis2 cal years 1994 through 1999.

3 ‘‘(B) LIMITATION.—Not less than 40 per4 cent of the amounts made available under sub5 paragraph (A) shall be reserved to carry out

6 paragraph (3).’’.

7 (b) REMEDIAL ACTION PLANNING COMMITTEE.—

8 Section 118(a)(3) of such Act (33 U.S.C. 1268(a)(3)) is

9 amended—

10 (1) in subparagraph (I), by striking ‘‘and’’ at

11 the end;

12 (2) in subparagraph (J), by striking the period

13 at the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(K) ‘Remedial action planning committee’

17 means a committee that is involved in the devel18 opment of a Remedial Action Plan.’’.

19 SEC. 4. SEDIMENT CLEANUP.

20 Section 118(c)(7) of the Federal Water Pollution

21 Control Act (33 U.S.C. 1268(c)(7)) is amended by adding

22 at the end the following new subparagraphs:

23 ‘‘(D)(i) The Program Office shall conduct

24 5 full-scale demonstration projects of promising

25 technologies to remedy contaminated sediments
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1 at such sites as the Program Office determines

2 are appropriate.

3 ‘‘(ii) In selecting the sites for the dem4 onstration projects, the Program Office shall

5 give priority consideration to the sites referred

6 to in subparagraph (A).

7 ‘‘(iii) The Program Office shall—

8 ‘‘(I) not later than December 31,

9 1995, complete engineering plans for the

10 full-scale demonstration projects to be con11 ducted under this subparagraph; and

12 ‘‘(II) not later than December 31,

13 1998, complete the full-scale demonstra14 tion projects to be conducted under this

15 subparagraph.

16 ‘‘(E)(i)(I) The Program Office shall con17 duct chemical, physical, and biological assess18 ments of contaminated sediments at each area

19 of concern.

20 ‘‘(II) Based on the assessments, the Pro21 gram Office shall make recommendations on

22 technologies to remedy contaminated sediments

23 at each area.

24 ‘‘(III) In conducting the assessments, the

25 Program Office shall incorporate previous find-
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1 ings that are relevant to the assessments and

2 avoid duplication of previous or ongoing efforts.

3 ‘‘(ii) If, after conducting assessments

4 under clause (i), the Program Office determines

5 that not 1 of the technologies already dem6 onstrated pursuant to subparagraph (B)(i) is

7 appropriate or cost-effective to remedy contami8 nated sediments at an area of concern, the Pro9 gram Office shall conduct additional pilot scale

10 demonstration projects of promising tech11 nologies to remedy contaminated sediments at

12 the area of concern.

13 ‘‘(iii) The Program Office shall—

14 ‘‘(I) not later than December 31,

15 1999, complete assessments of contami16 nated sediments to be conducted under

17 clause (i);

18 ‘‘(II) not later than December 31,

19 1999, transmit to Congress (as part of a

20 comprehensive report required by para21 graph (10)) recommendations made under

22 clause (i) on technologies to remedy con23 taminated sediments for those areas of

24 concern for which the Program Office has

25 sufficient information to make the rec-
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1 ommendations and a description of pilot

2 scale demonstration projects to be con3 ducted under clause (ii), including the loca4 tions of the projects and engineering plans

5 for the projects; and

6 ‘‘(III) not later than December 31,

7 2001, complete all pilot scale demonstra8 tion projects to be conducted under clause

9 (ii) and transmit to Congress (as part of a

10 comprehensive report required by para11 graph (10)) a final report containing find12 ings on activities conducted under this sub13 paragraph and recommendations for reme14 diation of contaminated sediments at each

15 area of concern.

16 ‘‘(F) The Program Office shall convene an

17 interagency team including representatives from

18 the Army Corps of Engineers, the Fish and

19 Wildlife Service, the Department of Energy,

20 and the Department of Commerce to assist in

21 and promote the dissemination of information

22 on technologies to remedy contaminated sedi23 ments at areas of concern, including the dis24 semination of the information to Federal and

25 State departments and agencies.’’.
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1 SEC. 5. POLLUTION PREVENTION

2 (a) IN GENERAL.—Section 118 of the Federal Water

3 Pollution Control Act (33 U.S.C. 1268), as amended by

4 section 3(a), is further amended by inserting after sub5 section (e) the following new subsection:

6 ‘‘(f) GREAT LAKES POLLUTION PREVENTION DEM7 ONSTRATION PROGRAM.—

8 ‘‘(1) ESTABLISHMENT.—The Administrator, in

9 coordination with the Director of the National Insti10 tute of Standards and Technology and appropriate

11 officials of the Great Lakes States, shall establish a

12 multimedia Great Lakes Pollution Prevention Dem13 onstration Program to increase the use of moderniz14 ing industrial source reduction practices (as defined

15 in section 6603(5) of the Pollution Prevention Act of

16 1990 (42 U.S.C. 13102(5)) through demonstrations

17 in the Great Lakes region.

18 ‘‘(2) REGISTRY OF TECHNOLOGIES.—The Ad19 ministrator, in consultation with the appropriate of20 ficials of State technical assistance offices and the

21 Director of the National Institute of Standards and

22 Technology, shall maintain a registry of modernizing

23 toxic use and waste reduction technologies requiring

24 demonstration.

25 ‘‘(3) PARTICIPATION.—Any person with a per26 mit to discharge to waters of the Great Lakes sys-
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1 tem under section 402 may participate in the dem2 onstration program through—

3 ‘‘(A) the institution of a source reduction

4 practice from the registry developed under

5 paragraph (2); or

6 ‘‘(B) the institution of any other innovative

7 source reduction practice that the Adminis8 trator determines—

9 ‘‘(i) has the potential to significantly

10 reduce pollutant discharges to water and

11 other environmental media without signifi12 cantly increasing pollutant discharges to

13 any environmental medium; and

14 ‘‘(ii) should be demonstrated.

15 ‘‘(4) REQUIREMENTS.—Any participant in the

16 demonstration program—

17 ‘‘(A) shall be exempt from the requirement

18 under section 308 to pay a fee for the develop19 ment of revised effluent guidelines; and

20 ‘‘(B) may be granted an additional year to

21 comply with any new or revised effluent stand22 ards issued under this Act if, in the judgment

23 of the Administrator, the extension is necessary

24 and appropriate.
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1 ‘‘(5) POLLUTION PREVENTION EXTENSION

2 SERVICE.—The Administrator, in cooperation with

3 the Director of the National Institute of Standards

4 and Technology and appropriate officials of State

5 technical assistance offices, shall establish a Pollu6 tion Prevention Extension Service to provide an ac7 tive outreach effort to advise, inform, and encourage

8 pollution prevention by industrial discharges to the

9 Great Lakes system.

10 ‘‘(6) GREAT LAKES POLLUTION PREVENTION

11 CLEARINGHOUSE.—

12 ‘‘(A) ESTABLISHMENT.—The Adminis13 trator shall establish a Great Lakes Pollution

14 Prevention Clearinghouse.

15 ‘‘(B) USE.—The Clearinghouse shall uti16 lize the results of—

17 ‘‘(i) research from the Environmental

18 Protection Agency Risk Reduction Engi19 neering Laboratory; and

20 ‘‘(ii) demonstrations conducted pursu21 ant to subsection (f),

22 to provide information to municipal and indus23 trial dischargers and sources of nonpoint pollu24 tion within the Great Lakes region on source
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1 reduction methods, measures, techniques, and

2 technologies.

3 ‘‘(C) COOPERATION WITH CANADA.—The

4 Administrator shall, to the maximum extent

5 practicable, cooperate with appropriate officials

6 of the Government of Canada with respect to

7 the collection and dissemination of information

8 pursuant to this section.

9 ‘‘(7) POLLUTION PREVENTION FOR CITIES PRO10 GRAM.—

11 ‘‘(A) APPLICATION FOR TECHNICAL AS12 SISTANCE.— A municipality located within the

13 Great Lakes basin boundaries may apply for

14 technical and financial assistance from the Ad15 ministrator to implement source reduction of

16 toxic pollutants in urban runoff, wastewater,

17 and stormwater.

18 ‘‘(B) ELIGIBILITY.—To be eligible for as19 sistance under this paragraph, a municipality

20 shall apply to the Administrator with a state21 ment—

22 ‘‘(i) stating pollutant reduction goals;

23 and
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1 ‘‘(ii) documenting stakeholder interest

2 in implementing voluntary pollutant reduc3 tion measures.

4 ‘‘(C) ASSISTANCE.—The Administrator

5 shall, for each municipality with an approved

6 application statement—

7 ‘‘(i) provide technical assistance in the

8 development of a municipal source reduc9 tion action plan; and

10 ‘‘(ii) authorize the expenditure of

11 State revolving fund monies pursuant to

12 section 602(a) for the implementation of

13 an approved source reduction plan.’’.

14 (b) CONFORMING AMENDMENTS.—

15 (1) REVOLVING FUNDS.—Section 601(a) of the

16 Federal Water Pollution Control Act (33 U.S.C.

17 1381(a)) is amended—

18 (A) by striking ‘‘and’’ at the end of para19 graph (2);

20 (B) by inserting before the period at the

21 end the following: ‘‘, and (4) for implementing

22 a source reduction action plan that has been

23 approved by the Administrator pursuant to sec24 tion 118(f)(7)’’.
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1 (2) PROJECTS ELIGIBLE FOR ASSISTANCE.—

2 The first sentence of section 603(c) of such Act (33

3 U.S.C. 1383(c)) is amended—

4 (A) by striking ‘‘and’’ at the end of para5 graph (2);

6 (B) by inserting before the period at the

7 end the following: ‘‘, and (4) for carrying out

8 the activities related to the Great Lakes de9 scribed in subsection (e), including implement10 ing a source reduction action plan that has

11 been approved by the Administrator pursuant

12 to section 118(f)(7)’’.

13 SEC. 6. RESEARCH.

14 Subsection (g) of section 118 of the Federal Water

15 Pollution Control Act (33 U.S.C. 1268) (as redesignated

16 by section 2(1)) is amended to read as follows:

17 ‘‘(g) GREAT LAKES RESEARCH COUNCIL.—

18 ‘‘(1) DEFINITIONS.—As used in this subsection:

19 ‘‘(A) COUNCIL.—The term ‘Council’ means

20 the Great Lakes Research Council established

21 under paragraph (2);

22 ‘‘(B) GREAT LAKES.—The term ‘Great

23 Lakes’ means—
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•S 1183 IS

1 ‘‘(i) Lake Erie, Lake Huron, Lake

2 Michigan, Lake Ontario, and Lake Supe3 rior;

4 ‘‘(ii) the connecting waters of the

5 lakes listed in clause (i), including the St.

6 Mary’s River, the St. Clair River, Lake St.

7 Clair, the Detroit River, and the Niagara

8 River; and

9 ‘‘(iii) the St. Lawrence River.

10 ‘‘(C) GREAT LAKES RESEARCH.—The term

11 ‘Great Lakes research’ means the application of

12 scientific or engineering expertise to explain,

13 understand, and predict the physical, chemical,

14 biological, and socioeconomic processes, and

15 their interactions, in the Great Lakes eco16 system.

17 ‘‘(2) ESTABLISHMENT.—There is established a

18 Great Lakes Research Council.

19 ‘‘(3) DUTIES OF THE COUNCIL.—The Council

20 shall—

21 ‘‘(A) not later than 1 year after the date

22 of enactment of this subparagraph, prepare and

23 provide to Congress and other interested par24 ties, a report that—
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1 ‘‘(i) promotes the coordination of Fed2 eral research activities to avoid unneces3 sary duplication and ensure greater effec4 tiveness in achieving the protection of the

5 ecosystem of the Great Lakes and the

6 goals of the Great Lakes Water Quality

7 Agreement;

8 ‘‘(ii) assesses the research activities

9 needed to fulfill the Great Lakes Water

10 Quality Agreement goals;

11 ‘‘(iii) assesses Federal expertise and

12 capabilities existing on the date of enact13 ment of this clause in activities needed to

14 fulfill the Great Lakes Water Quality

15 Agreement goals, including an inventory of

16 existing Federal Great Lakes research pro17 grams, projects, facilities, and personnel;

18 ‘‘(iv) recommends long-term and

19 short-term research priorities for Federal

20 research on the Great Lakes, based on a

21 comparison of the assessment conducted

22 under clauses (i) and (ii), and existing on

23 the date of enactment of this clause; and

24 ‘‘(v) describes coordination efforts

25 with Canada;
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•S 1183 IS

1 ‘‘(B) identify topics for, and participate in,

2 meetings, workshops, symposia, and conferences

3 on Great Lakes research issues;

4 ‘‘(C) make recommendations for the uni5 form collection and storage of data for enhanc6 ing research and management protocols relating

7 to the protection and restoration of the phys8 ical, biological, and chemical integrity of the

9 Great Lakes ecosystem;

10 ‘‘(D) consider and make recommendations

11 with respect to the establishment of a com12 prehensive, multimedia database for the Great

13 Lakes ecosystem; and

14 ‘‘(E) participate in any ongoing coordina15 tion efforts, such as the Council of Great Lakes

16 Research Managers of the International Joint

17 Commission.

18 ‘‘(4) MEMBERSHIP OF THE COUNCIL.—

19 ‘‘(A) IN GENERAL.—The Council shall be

20 comprised of 1 research manager with extensive

21 knowledge, scientific expertise, and experience

22 in the Great Lakes ecosystem from each of the

23 following organizations:

24 ‘‘(i) The Environmental Protection

25 Agency.
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1 ‘‘(ii) The National Oceanic and At2 mospheric Administration.

3 ‘‘(iii) The Coast Guard.

4 ‘‘(iv) The Fish and Wildlife Service.

5 ‘‘(v) The United States Geological

6 Survey.

7 ‘‘(vi) Any other relevant Federal de8 partment, agency, or instrumentality, as

9 determined by the Council membership.

10 ‘‘(B) EX OFFICIO MEMBERS.—Any other

11 person who is not a Federal employee may

12 serve as a nonvoting ex officio member of the

13 Council, at the request of the Council.

14 ‘‘(C) PARTICIPATION BY CERTAIN OFFI15 CIALS.—The Council shall request appropriate

16 officials of each State that borders the Great

17 Lakes, the International Joint Commission, the

18 Government of Canada, and the governments of

19 each province that borders on the Great Lakes

20 to serve as nonvoting ex-officio members of the

21 Council.

22 ‘‘(5) CHAIRPERSON.—The members of the

23 Council shall elect a Chairperson from among the

24 members of the Council listed under clauses (i), (ii),

25 and (iv) of paragraph (4)(A).
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•S 1183 IS

1 ‘‘(6) TRAVEL EXPENSES.—Each member of the

2 Council who is not an employee of the Federal Gov3 ernment shall be allowed travel expenses, including

4 per diem in lieu of subsistence, at rates authorized

5 for employees under subchapter I of chapter 57 of

6 title 5, United States Code, while away from the

7 home or regular place of business of the member in

8 the performance of services for the Council.

9 ‘‘(7) INTERAGENCY COOPERATION.—The head

10 of each department, agency, or other instrumentality

11 of the Federal Government that is represented on

12 the Council—

13 ‘‘(A) may, upon written request of the

14 Chairperson, make available, on a reimbursable

15 basis or otherwise, personnel, services, or facili16 ties as may be necessary to assist the Council

17 in achieving the purposes of this subsection;

18 and

19 ‘‘(B) shall, upon written request from the

20 Chairperson, furnish data or other information

21 necessary to achieve the purposes of this sub22 section.

23 ‘‘(8) EFFECT ON OTHER LAWS.—Nothing in

24 this subsection is intended to amend, restrict, or

25 otherwise alter the authority of any Federal depart-
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•S 1183 IS

1 ment, agency, or instrumentality, under any law, to

2 undertake Great Lakes research activities.’’.

3 SEC. 7. LAKEWIDE MANAGEMENT PLANS.

4 Paragraph (4) of section 118(c) of the Federal Water

5 Pollution Control Act (33 U.S.C. 1268(c)(4)) is amended

6 to read as follows:

7 ‘‘(4) LAKEWIDE MANAGEMENT PLANS.—

8 ‘‘(A)(i) Not later than January 1, 1995,

9 the Administration shall publish in the Federal

10 Register the final Lakewide Management Plan

11 for Lake Michigan and Lake Superior.

12 ‘‘(ii) Not later than January 1, 1998, the

13 Administrator shall publish in the Federal Reg14 ister proposed Lakewide Management Plans for

15 Lake Erie, Lake Huron, and Lake Ontario.

16 ‘‘(B) Each Lakewide Management Plan

17 shall be consistent with the requirements of

18 Annex 2 of the Great Lakes Water Quality

19 Agreement, and shall—

20 ‘‘(i) include an assessment of the envi21 ronmental condition of the lake, including

22 water and sediment quality and natural re23 sources;

24 ‘‘(ii) identify—
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•S 1183 IS

1 ‘‘(I) the toxic pollutants that ex2 ceed water or sediment quality stand3 ards in the lake, describing the load4 ings of the pollutants to the lake, in5 cluding conventional, non-conven6 tional, and toxic pollutants; and

7 ‘‘(II) the point and nonpoint

8 sources of the pollutants;

9 ‘‘(iii) provide a comprehensive protec10 tion plan recommending specific actions to

11 restore and maintain the chemical, phys12 ical, and biological integrity of the lake, in13 cluding—

14 ‘‘(I) the specific measures to pro15 tect and maintain high quality waters;

16 and

17 ‘‘(II) an identification of the re18 duction in loadings of pollutants iden19 tified in clause (ii) to ensure the res20 toration and attainment of water and

21 sediment quality standards, and the

22 protection and propagation of a bal23 anced indigenous population of fish,

24 shellfish, and wildlife and recreation

25 in and on the water; and
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•S 1183 IS

1 ‘‘(iv) provide a schedule for imple2 menting recommended actions, including

3 the identification of the agencies and

4 sources responsible for implementing the

5 loading reductions, and the funding

6 sources to support the implementation.

7 ‘‘(C) Each Lakewide Management Plan

8 shall be developed in cooperation with—

9 ‘‘(i) the State or States bordering the

10 lake, including the public in the State or

11 States;

12 ‘‘(ii) appropriate representatives of

13 Canada; and

14 ‘‘(iii) the Great Lakes Policy Commit15 tee.’’.

16 SEC. 8. ENFORCEMENT.

17 Section 601 of the Federal Water Pollution Control

18 Act (33 U.S.C. 1381) is amended by adding at the end

19 the following new subsection:

20 ‘‘(c) ADDITIONAL CAPITALIZATION FUNDS.—

21 ‘‘(1) IN GENERAL.—Notwithstanding any other

22 provision of law, an amount equal to the amount of

23 any penalty collected from an enforcement action

24 pursuant to section 309 involving a discharge into

25 the Great Lakes System shall be deposited into the
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•S 1183 IS

1 revolving loan fund, established pursuant to this

2 title, of the State in which the discharge occurred.

3 ‘‘(2) USE OF FUNDS.—Funds deposited in a

4 State revolving loan fund pursuant to this subsection

5 shall, to the extent practicable, be used to support

6 implementation of plans, programs, and projects to

7 benefit the water quality of the Great Lakes.

8 ‘‘(3) NATURE OF FUNDS.—Funds deposited in

9 a State revolving loan fund pursuant to this sub10 section shall—

11 ‘‘(A) not be applied to Environmental Pro12 tection Agency base program responsibilities;

13 and

14 ‘‘(B) supplement funds made available to

15 the Environmental Protection Agency funds

16 pursuant to this Act or funds that are other17 wise made available to the Agency.’’.

18 SEC. 9. HEALTH EFFECTS STUDY.

19 Subsection 118(e)(3)(A) of the Federal Water Pollu20 tion Control Act is amended by inserting after ‘‘September

21 30, 1994’’ the following: ‘‘and again, not later than Sep22 tember 30, 1997,’’.

23 Subsection 118(e)(3)(B) of the Federal Water Pollu24 tion Control Act is amended by striking ‘‘$3,000,000’’ and
43

•S 1183 IS

1 inserting , ‘‘$5,000,000’’; and, striking ‘‘and’’ and adding

2 at the end of the paragraph, ‘‘1995, 1996, and 1997’’.

3 SEC. 10. CONFORMING AMENDMENT.

4 Section 403(a) of the Marine, Research and Sanc5 tuaries Act is amended—

6 (1) by striking ‘‘118(d)’’ and inserting

7 ‘‘118(g)’’; and

8 (2) by striking ‘‘(33 U.S.C. 1268(d))’’.

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

10 Section 118(k) of the Federal Water Pollution Con11 trol Act (33 U.S.C. 1268) (as redesignated by section

12 2(1)) is amended by striking the first sentence and insert13 ing the following new sentence: ‘‘In addition to any

14 amounts otherwise made available to the Environmental

15 Protection Agency to carry out this section, there are au16 thorized to be appropriated to the Environmental Protec17 tion Agency $25,000,000 for fiscal year 1994, and

18 $30,000,000 for each of fiscal years 1995 through 2000,

19 for the operation and activities of the Program Office

20 under this section, and such other sums as may be nec21 essary to carry out this section.’’.

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