EP 1165-2-1
30 Jul 99
while being in harmony with the environment.
3-16.
Hazardous, Toxic, and Radioactive Wastes (HTRW)(ER 1165-2-132).
a.
Definitions.
(1) Except for dredged material and sediments beneath
navigable waters proposed for dredging, HTRW includes any material
listed as a "hazardous substance" under the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq
(CERCLA). Hazardous substances regulated under CERCLA include
"hazardous wastes" under Section 3001 of the Resource Conservation and
Recovery Act, 42 U.S.C. 6921 et seq (RCRA); "hazardous substances"
identified under Section 311 of the CAA, 33 U.S. C. 1321, "toxic
pollutants" designated under Section 307 of the CWA, 33 U.S.C. 1317,
"hazardous air pollutants" designated under Section 112 of the Clean
Air Act, 42 U.S.C. 7412; and "imminently hazardous chemical substances
or mixtures" on which EPA has taken action under Section 7 of the
Toxic Substance Control Act, 15 U.S.C. 2606; these do not include
petroleum or natural gas unless already included in the above
categories.
(2) Dredged material and sediments beneath navigable waters
proposed for dredging qualify as HTRW only if they are within the
boundaries of a site designated by the EPA or a state for a response
action (either a removal or a remedial action) under CERCLA, or if
they are part of a National Priority List (NPL) site under CERCLA.
Dredged material and sediments beneath the navigable waters proposed
for dredging shall be tested and evaluated for their suitability for
disposal in accordance with the appropriate guidelines and criteria
adopted pursuant to Section 404 of the CWA and/or Section 103 of the
MPRSA and supplemented by the Corps of Engineers Management Strategy
for Disposal of Dredged Material: Containment Testing and Controls (or
its appropriate updated version) as cited in Title 33 Code of Federal
Regulations, Section 336.1.
b. Policy. Civil works project funds are not to be employed
for HTRW-related activities except as provided below, or otherwise
specified in law.
(1) Civil Works Project Construction. Construction of civil
works projects in HTRW-contaminated areas should be avoided where
practicable. This can be accomplished by early identification of
potential problems in reconnaissance, feasibility, and PED phases
before any land acquisition begins. Costs of environmental
investigations to identify any existence of HTRW and studies required
for formulation of the NED plan, recognizing the existence and extent
of any HTRW, and studies required to evaluate alternatives to avoid
HTRW will be cost shared the same as cost sharing for the phase the
project is in (i.e., feasibility, PED, or construction). Where HTRW
contaminated areas or impacts cannot be avoided, response actions must
be acceptable to EPA and applicable state regulatory agencies. Table
1 in ER 1165-2-132 provides the policy on cost sharing of activities
for HTRW.
(a) For cost-shared projects, the non-Federal sponsor shall be
responsible for ensuring that the development and execution of
Federal, state, and/or locally required HTRW response actions are
accomplished at 100 percent non-project cost. No cost sharing credit
shall be given for the cost of the response actions.
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