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10 Copyright© 2005 Envirotech Publications; Reproduction without permission strictly prohibited. <br />The Water Report <br />Issue #21 <br />Incorporation of Applicable Laws and Regulations <br />or proprietary authority governing the management <br />Sediments <br />Several state and federal entities have regulatory <br />and dredged material. For the assessment and management of contaminated <br />of contaminated sediment <br />sediment, Federal agencies that have regulatory authority over investigations and cleanups are EPA, US <br />States exercise their regulatory <br />Federal <br />Fish and Wildlife Service, and National Marine Fisheries Service. <br />Authorities <br />authority via their cleanup statutes. <br />At the federal level, the Corps and EPA share the responsibility for regulating the discharge of <br />of Ecology, Department of Natural <br />dredged material. In the state of Washington, Washington Department <br />Fish and Wildlife share regulation. In Oregon, this regulation is carried <br />State <br />Resources, and Department of <br />Department of Environmental Quality, Division of State Lands, and Department of Land <br />Authorities <br />out by Oregon <br />Conservation and Development. In Idaho, regulation is carried out by Idaho Department of <br />Environmental Quality. <br />�. The following laws and regulations that were considered when developing the Draft SEF: <br />Applicable <br />• Clean Water Act Section 404 <br />Laws <br />. Rivers and Harbors Act Section 10 <br />• Marine Protection, Research, and Sanctuaries Act of 1972 <br />• Coastal Zone Management Act of 1972 <br />• Endangered Species Act of 1973 <br />• Marine Mammal Protection Act of 1972 <br />and Management Act of 1996 <br />• Magnuson- Stevens Fishery Conservation <br />• National Environmental Policy Act of 1969 <br />• State of Washington Regulations <br />• State of Oregon Regulations <br />• State of Idaho Regulations <br />Draft SEF: Significant Changes <br />While this SEF version remains a "work -in- progress" draft, several of the following significant <br />changes and additions to current sediment evaluation guidance should be noted. <br />Changes <br />Proposed <br />CHANGES INCLUDE: <br />• A consistent approach for characterizing in -place sediments as well as proposed dredged material <br />• Draft freshwater sediment screening levels <br />• Updated information on the chemical analyte lists that will need to be evaluated in different parts of <br />the Pacific Northwest <br />' Updated information on the appropriate analysis of PCBs in sediment and tissue <br />• <br />• A framework for addressing bioaccumulation, including a process for deriving scientifically <br />defensible bioaccumulation triggers (BTs) for tissues and sediments <br />to the historical four -tier assessment process, consistent with <br />• A two -tier (or level) process, as opposed <br />emerging National Guidance <br />• Additional editorial changes and clarifications <br />Risk -Based Framework <br />As discussed, the Draft SEF was developed based on a risk -based framework. A risked- <br />This <br />previously <br />based framework makes use of multiple lines of evidence to reach management decisions. <br />by providing structure, organization and flow for <br />Risk -Based <br />framework guides the assessment /management process <br />the actions to be taken in assessing risks and making management decisions. <br />Objectives <br />THE OBJECTIVES OF THE RISK -BASED FRAMEWORK ARE AS FOLLOWS: <br />clear, and consistent; <br />• Ensure that assessments are comprehensive, <br />• Ensure that any evaluation that follows the steps of the framework is complete in its consideration and <br />human and ecological risks at the site of <br />analysis of present and future exposures, effects, and <br />at the disposal site for dredging projects; <br />concern for cleanup projects or <br />• Consider the likelihood for all possible routes of exposure and effects to ensure that required or <br />important site - specific environmental factors are not omitted from the evaluation process; <br />management to facilitate meaningful <br />• Provide a measure of clarity to sediment investigation and <br />decision - making process by scientists, regulatory agencies, and <br />participation in the assessment and <br />representatives of affected communities; <br />• Involve active stakeholder involvement to ensure that the results of the assessment can be successfully <br />applied within the decision making process; and <br />and management process (where possible) for projects <br />• Ensure consistent application of the assessment <br />whether they are for sediment assessment or dredge material characterization. <br />10 Copyright© 2005 Envirotech Publications; Reproduction without permission strictly prohibited. <br />