article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Mud Dump Permanent Closure and Remediation Act of 2000''. SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended by adding at the end the following: ``(f) Historic Area Remediation Site.-- ``(1) Prohibition on ocean dumping.--Except as provided by paragraph (2), after the date of enactment of this subsection, dumping shall be prohibited at the Historic Area Remediation Site (as defined in subsection (g)). ``(2) Permits for remediation.--After the date of issuance of standards for remediation materials under subsection (g), the Secretary may issue permits under this section authorizing the transportation of dredged materials to the Historic Area Remediation Site solely for the purpose of providing for remediation of the site. ``(3) Remediation to be followed by permanent closure.-- Upon satisfying the goal specified in subsection (g)(2)(B) at the Historic Area Remediation Site, as determined by the Administrator, the Secretary shall not issue any further permits under this section authorizing the transportation of dredged materials to the site for any purpose. ``(4) Existing permits.--A permit issued under this section before the date of enactment of this subsection shall not be effective to the extent that the permit authorizes dumping in violation of this subsection. ``(5) Advance notice of permits.--At least 30 days before issuing a permit under paragraph (2), the Secretary shall provide written notice of the permit to the Governors of the States of New York and New Jersey and to each Member of Congress representing one of such States. This paragraph shall not be construed to affect any notification requirement under any other provision of law.''. SEC. 3. STANDARDS FOR REMEDIATION MATERIALS. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is further amended by adding at the end the following: ``(g) Standards for Remediation Materials.-- ``(1) Development of standards.--Not later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Under Secretary for Oceans and Atmosphere, shall develop and publish in the Federal Register standards for evaluating dredged materials to be used solely for remediation purposes at the Historic Area Remediation Site. ``(2) Requirements for standards.-- ``(A) In general.--In developing standards under paragraph (1), the Administrator shall ensure that the materials used for remediation-- ``(i) contain significantly lower levels of contaminants (as referred to in section 227.6 of title 40, Code of Federal Regulations), including polycyclic aromatic hydrocarbons and polyclorinated biphenyls, than exist at the Historic Area Remediation Site; ``(ii) will significantly reduce contamination levels in biota and sediments at the Historic Area Remediation Site; and ``(iii) will reduce both the number, extent, and magnitude of undesirable effects on marine life in and around the Historic Area Remediation Site, including through bioaccumulation. ``(B) Goal.--The goal of the standards to be developed under paragraph (1) shall be to reduce the level of contamination at the Historic Area Remediation Site to a level that reflects background ambient contamination levels in the ocean. ``(3) Notice and comment.--The Administrator shall provide notice and an opportunity for public comment before issuing final standards under paragraph (1). ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Background ambient contamination levels.--The term `background ambient contamination levels' means a level of contamination that is substantially equivalent to or less than-- ``(i) the levels of contamination in biota and sediments found occurring naturally in the ocean in areas that have never been impacted by ocean dumping; and ``(ii) the levels of contamination found in the clean reference sediments used by the Environmental Protection Agency when testing and evaluating remediation materials to be deposited at the Historic Area Remediation Site. ``(B) Clean reference sediments.--The term `clean reference sediments' means a sediment, substantially free of contaminants, that is as similar to the grain size of the dredged material and the sediment at the disposal site as practical, and reflects conditions that would exist in the vicinity of the disposal site had no dredged material disposal ever occurred, but had all other influences on sediment taken place. ``(C) Historic area remediation site.--The term `Historic Area Remediation Site' means the dredged material disposal area known by that name that is located east of Sandy Hook, New Jersey, and described in section 228.15(d)(6) of title 40, Code of Federal Regulations (as in effect on July 1, 1999).''.
summary: Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act. Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site; (2) will significantly reduce contamination levels in biota and sediments at the Site; and (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean.