article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Harbor Environmental Dredging and Management Act of 1993''. SEC. 2. DUMPING PERMIT PROGRAM FOR DREDGED MATERIAL. (a) General Procedures.--Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973 (33 U.S.C. 1413) is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following: ``(d) Procedure.--The following procedure applies concerning action by the Secretary with respect to an application for a permit under this section: ``(1) Notice.--Within 15 days after the date on which the Secretary receives an application for a permit under this section, the Secretary shall cause to be published a notice that contains-- ``(A) a description of the project; ``(B) such other information that the Secretary considers appropriate; and ``(C) an invitation for comment on the application and on any other matters of relevance, including the effect of approval of the application on endangered species, if appropriate, from interested Federal agencies, other public agencies, and private persons. ``(2) Information to be considered.--In making the determination required by subsection (a) regarding the application, the Secretary shall consider any comment or other information that the Secretary receives from interested agencies and persons during the 30-day period following the date on which the notice under paragraph (1) is published with respect to the application. ``(3) Deadline for hearing.--If the Secretary determines that a public hearing should be conducted with respect to the application, the Secretary shall complete the hearing within 30 days after the last day of the comment period for the application under paragraph (2). ``(4) Information to epa and other interested federal agencies.--Within 15 days after the date on which the Secretary receives all information pertaining to the application, the Secretary shall provide necessary and appropriate information concerning the application to the Administrator and to the heads of all other interested Federal agencies. Within 15 days of receiving such information, the Administrator and the heads of such other agencies shall review the information and request any additional information they deem necessary. ``(5) Concurrent evaluation of application.--The Secretary and the Administrator shall concurrently evaluate the application and, as appropriate and to the maximum extent possible, confer on the application in order to complete its consideration at the earliest possible date. ``(6) Deadline for determination by secretary.--The Secretary shall make a determination regarding whether or not to issue a permit under this section within 90 days after-- ``(A) the last day of the 30-day comment period for the application under paragraph (2); or ``(B) if a public hearing is held with respect to the application, the last day of the public hearing. ``(7) Standards.--The Secretary, in determining under subsection (a) whether or not the dumping proposed in the application will result in the unreasonable degradation or endangerment referred to in such subsection, shall-- ``(A) apply the applicable criteria and standards as such criteria and standards are in effect on the date of receipt of the application by the Secretary; and ``(B) disregard any change made to any such standard after such date of receipt. ``(8) Consideration of effect of failure to dredge.--In addition to applying the criteria referred to in section 102(a) in making the determination required by subsection (a), the Secretary shall also consider the effect that the failure to dredge the material concerned will have on human health and welfare, including economic, esthetic, and recreational values. ``(9) Time limits on process.--The Secretary and the Administrator shall make a determination regarding whether to issue a permit under this section within 165 days after the Secretary receives an application for the permit under this section.''. (b) Concurrence by Administrator.--Subsection (c) of such section is amended-- (1) by adding at the end of paragraph (1) the following: ``The Secretary shall provide the information requested within 15 days after the date of receipt of the request for the information from the Administrator.''; and (2) in paragraph (2) by striking ``45'' each place it appears and inserting ``30''. (c) Conforming Amendment.--Subsection (f) of such section, as redesignated by subsection (a) of this section, is amended by striking ``and (d)'' and inserting ``, (d), and (e)''. SEC. 3. DIOXIN CONTAMINATED SEDIMENT DISPOSAL STANDARD. Not later than 6 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of the Army, shall develop a national standard for the disposal of sediments contaminated with dioxin. The standard shall apply, at a minimum, to determinations required to be made under subsection (a) of section 103 of the Marine Protection, Research, and Sanctuaries Act of 1973. SEC. 4. MUD DUMP CONTAINMENT ISLAND. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army shall develop a plan for the construction of a containment island as an alternative to the Mud Dump Site, as defined in section 412(d) of the Water Resources Development Act of 1990, for the disposal of contaminated dredged material. The plan shall include, at a minimum, the following: (1) A recommended location for the island. (2) Proposed timetable for construction of the island, including public hearings, permit processes, and environmental impact statements. (3) An analysis and estimate of the cost of construction of the island and recommended financing mechanisms for the construction. (4) The status of decontamination technologies to be used on the contaminated materials. (b) Report.--Not later than 12 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the plan developed under subsection (a), together with recommendations for its implementation. SEC. 5. CONTAINMENT AND CLEAN-UP OF DIOXIN IN PASSAIC RIVER, NEW JERSEY. (a) Plan.--The Administrator of the Environmental Protection Agency and the Secretary of the Army, in consultation with State authorities, shall develop a comprehensive plan for the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. (b) Minimum Content Requirements.--The plan to be developed under this section shall include, at a minimum, the following: (1) A comprehensive strategy for monitoring, containing, and preventing the spread of dioxin in the Passaic River basin to Newark Bay. (2) A comprehensive strategy for the clean-up of dioxin in the Passaic River basin, including a proposed timetable, estimate of the cost, and financing mechanism for the clean-up. (3) A comprehensive strategy for preventing land activities from becoming new sources of dioxin pollution in the Passaic River basin and Newark Bay. (4) The status of sediment sources in Newark Bay. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Administrator and the Secretary shall submit to Congress the comprehensive plan developed under subsection (a), together with recommendations for its implementation. SEC. 6. CONSORTIUM OF DREDGED MATERIALS DISPOSAL PERMITTEES. The Secretary of the Army is authorized to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials in an effort to promote the cost-effective disposal and environmental management of dredged materials.
summary: Harbor Environmental Dredging and Management Act of 1993 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to establish a procedure for actions on permit applications for the dumping of dredged material into ocean waters. Directs the Administrator of the Environmental Protection Agency to develop a national standard for the disposal of sediments contaminated with dioxin. Requires the Administrator and the Secretary of the Army to develop and submit to the Congress a plan for: (1) the construction of a containment island as an alternative to the Mud Dump Site in New Jersey for the disposal of contaminated dredged material; and (2) the containment, clean-up, and prevention of dioxin contamination in the Passaic River basin in the vicinity of Newark, New Jersey. Authorizes the Secretary to approve the establishment of a consortium of permittees for the testing, permitting, and disposal of dredged materials to promote the cost-effective disposal and environmental management of dredged materials.