Laserfiche WebLink
<br />. <br /> <br />Federal Register 1 Vol. 45. No. 249 / Wednesday. December ~4. 1980 / Rules and Reguiations 85355 <br /> <br />t <br /> <br />reduce contamination to acceptable <br />levels within th~ disposal site and to <br />prevent contaminants from being <br />transported beyond the boundaries of <br />the disposal site, if such constraints are <br />acceptable to the permitting authority <br />and the Regional Administrator, and if <br />the potential discharger is willing and <br />able to implement such constraints. <br />However. even if tests are nol <br />performed, the permitting authority must <br />still determine the probable impact of <br />the operation on the receiving aquatic <br />ecosystem. Any decision not to test <br />must be explained in the determinations <br />made under! 230.11. <br />~ 230.61 Chemical, biological, and physical <br />evaluation and testing. <br />Note.- The Agency is today proposing <br />revised testing guidelines. The evaluation and <br />iesting procedures in this section are based <br />on the 1975 9 404(b}(l} interim final <br />Guidelines and shall remain in effect until the <br />revised testing guidelines are published as <br />final regulations. <br />(a) No single test or approach can be <br />applied in all cases to evaluate the <br />effects of proposed discharges of <br />dredged or fill materials. This section <br />provides some guidance iJ\ determining <br />which test and/or evaluation procedures <br />are appropriate in a given case. Interim <br />guidance to applicants concerning the <br />applicability of specific approaches or <br />procedures will be furnished by the <br />permitting authority. <br />(b) Chemical-biological inleractl1P <br />efrects. The principal concerns of <br />discharge of dredged or fill material that <br />contain contaminants are the potential <br />effects on the water column and on <br />communities of aquatic organisms. <br />(1) Evaluation of chemical-biological <br />interactive effects. Dredged or fill <br />miltcrial may be excluded from the <br />e\'alualion procedures specified in <br />paragraphs [b)(2) and [31 of this section <br />if it is determined. on the basis of the " <br />e\'aluation in ~ 230.60. that the <br />likelihood of contamination by <br />contaminants is acceptably low, unless <br />the permitting authority. after evaluating <br />Cind consiuering any comments received <br />from the Regional Administrator. <br />determines that these procedures are <br />necpssary. The Regional Administrator <br />may require. on a c8se-by-case basis. <br />testIng approaches and procedures by <br />stating what additional information is <br />needed through further analyses and <br />ho....... the results of the analvses will be <br />of \ dlue in e\'aluating potential <br />(',,\"ironmental effects. <br />If the General Evaluation indicates the <br />presence of a sufficiently large number <br />of chemicals to render impractical the <br />identification of all contaminants by <br />chemical testing. information may be <br /> <br />obtained from bioassays in lieu of <br />chemical tests. <br />(2) Water column effects. (i) <br />Sediments normally contain constituents <br />that exist in various chemical forms and <br />in various concentrations in several <br />locations within the sediment. An <br />elutriate test may be used to predict the <br />effect on water quality due to release of <br />contaminants from the sediment to the <br />water column. However. in the case of <br />fill material originating on land which <br />may be a carrier of contaminants. a <br />water leachate test is appropriate. <br />(ii) MaiO!' constituents to be analyzed <br />in the elutriate are those deemed critical <br />by the permitting authority, after <br />evaluating and considering any <br />comments received from the Regional <br />Administrator, and 'considering results <br />of the evaluation in ! 230.60. Elutriate <br />cor:.centrations should be compared to <br />concentrations of the same constituents <br />in water from the disposal site. Results <br />should be evaluated in light of the <br />volume and rate of the intended <br />discharge. the type of discharge, the <br />hydrodynamic regime at the disposal <br />sitf'. and other information relevant to <br />the impact on water quality. The <br />permitting authority should consider the <br />mixing zone in evaluating water-column <br />effects. The permitting authority may <br />specify bioassays when such proceJures <br />will be of value. <br />131 Effects on benthos. The permitting <br /><:l;lhority may use an appropriat~ <br />bellthic bioassay (inclttding <br />lJioaccumulation tests) when such <br />procedures will be of value in assessing <br />ecological effects and in establishing <br />discharge conditions. <br />(c) Procedure for comparison of sites. <br />(1) When an inventory of the total <br />concentration of contaminants would be <br />of value in comparing sediment at the <br />dredging site with sediment at the <br />disposal site. the permitting authority <br />may require a sediment chemical <br />analysis. Markedly different <br />concentrations of contaminants between <br />the eXL3vation and disposal sites may <br />aid in making an environmental <br />dssessment of the proposed disposal <br />operat~n. Such differences should be <br />interpreted in ten~s of the potential for <br />harm as supported by any pertinent <br />scientific literature. <br />(2) When ari analysis of biological <br />community structure will be of value to <br />asscss the potential for adverse <br />environmental impact at the proposed <br />disposal site, a comparison of the <br />biological characteristics between the <br />exca....ation and disposal sites may be <br />reqUlred by the permitting authority. <br />Biological indicator species may be <br />useful in evaluating the existing degree <br />of stress at both sites. Sensitive species <br /> <br />representing community components <br />colonizing various substrate types <br />within the sites should be identified as <br />possible bioassay organisms if tests for <br />toxicity are required. Community <br />structure studies should be performed <br />only when they will be of value in <br />determining discharge conditions. This <br />is particularly applicable to large <br />quantities of dredged material known to <br />contain adverse qunntities of toxic <br />materiais. Communitv studies should <br />include benthic orga~isms such as' <br />micro biota and harvestable sheHfish <br />and finfish. Abundance, diversity. and <br />distribution should be documented and <br />correlated with substrate type Bnd other <br />appropriate phYSical and chemical <br />environmental characteristics. <br />(d) Physical tests and evaluation. The <br />effect of a discharge of dredged or fill <br />material on physical substrate <br />characteristics at the disposal site. as <br />well as on the water circulation, <br />fluctuation. salinity. and suspended <br />particulates content there, is important <br />in making factual determinations in <br />~ 230.11. Where information on such <br />effects is not otherwise available to <br />make these factual determinations. the <br />permitting authority shall require <br />appropriate physical tests and <br />evaluations as are justified and deemed <br />necessary. Such tests may include sie\'e <br />tests, settleability tests. compaction <br />tests. mixing zone and suspended <br />particulate plume determinations. and <br />site assessments of water flow, <br />circulation. and salinity characteristics. <br /> <br />Subpart H-Actions To Minimize <br />Adverse Ellecls <br /> <br />Nole.-There are many actions which can <br />be undertaken in response 10 ! 203.10(d) to <br />minimize the adverse effects of discharges of <br />dredged or fill material. Some of these, <br />grouped by type of activity. are listed in this <br />subpart. <br /> <br />~ 230.70 Actions concerning the location <br />of the discharge. <br />The effects of the disch.:J.rge can be <br />minimized by the choice of the disposal <br />SltC. Some of the ways to accomplish <br />this are b\': <br />(a) Locating and confining the <br />discharge to mmimize smothering of <br />organisms: <br />(b) Designing the discharge to a\'oid a <br />disruption of periodic water inundation <br />patterns: . <br />(c) Selecting a disposal site that has <br />been used previously for dredged <br />material discharge; <br />(d) Selecting a disposal site at whicl1 <br />the substrate is composed of material <br />similar to that being discharged. such as <br />discharging sand on sand or mud on <br />mud: <br />