UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       WASHINGTON, D.C. 20460
                           MAT
f'l
                                9 i384
                                                          OFFICE OF
                                                     SOLID WASTE AND EMERGENCY
                                                          RESPONSE  '

                               OSWER Directive Number  9280.0-03
TO:
MEMORANDUM

SUBJECT:  Guidance on Considering Wetlandg^_at Superfund  Sites

          Bruce  Diamond,  Directoi
          Office of Waste Programs^ZnTorcero

          Henry  L. Longest II, Director
          Office or Emergency and Remedi

          Robert H. Wayland III, Director
          Office of Wetlands, Oceans and Watersheds^

          Waste  Management Division Directors
            Regions I, IV, V, VI, VII, VIII
          Emergency and Remedial Response Division Director
            Region II
          "Hazardous Waste Management Division Directors
            Region III, IX, X
          Water  Division Directors
            Regions I-X
          Environmental Services Division Directors
            Regions I-X
PURPOSE
     The purpose  of this guidance is to provide new  information
to Regional Project Managers (RPM), On-Scene Coordinators  (OSC),
Biological Technical Assistance Group (BTAG) Coordinators  and
Wetland Coordinators (WC)  for considering wetlands at  Superfund
sites.  This directive focuses on changes in §404 of the Clean
Water Act  (CWA) and on the importance of wetlands in ecosystem
protection, and lists contacts and procedures for assessing
mitigation.  The  hierarchical approach to mitigation according
to §404 is explained in context of what actions can  be taken at
Superfund sites in order to satisfy the requirements of §404.

BACKGROUND

     It is estimated that nearly 60% of Superfund sites are
located in or near wetlands.  Consequently, wetlands will  be
encountered often and there is a need for a document that  updates
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an existing guidance, answers regional questions and outlines a
process for handling wetlands consistently. .

The section in the CERCLA Compliance with other Laws manual
addressing how Superfund should treat wetlands was last updated
in 1988. The regions have requested clarification on the
interpretation of Executive Orders and S404 as an Applicable or
Relevant and Appropriate Requirement (ARAR) as well as on other
issues not covered in the manual. There have been changes in
EPA's policies and laws including a rule issued on August 25,
1992 in which EPA clarified the definition of discharge of
dredged or fill material. This guidance also reflects EPA's new
policy on ecosystem protection as presented in the December 1993
National Performance Review (EPA 210\R-93-004). .The
Administrator has identified ecosystem protection as an Agency
priority, and directed programs to include more ecological
consideration in regulation development and coordination, policy
decisions, and ecosystem management.
The guidance provides an overview of CERCLA and S404 of the
CWA to promote understanding of both programs by RPMs, OSCs and
WCs. In order to foster earlier and increased coordination
between regional Superfund and Wetland program staff at sites,
the guidance goes into detail on the major CWA and related ARARs
and other factors to be considered (TBCs). The value of
identifying wetlands early and involving all relevant parties
(Natural Resource Trustees, WC's, and BTAGs) is stressed.
Appropriate levels of effort for characterizing, delineating and
assessing wetlands are discussed and the potential impacts of
clean-up activities are addressed. The Natural Resource~ustees
and their role are also described.
We have attached a copy of a recent press announcement which
demonstrates the effective application of the principles set
forth in this guidance.

Questions concerning this document can be directed to Elaine
Suriano at 703/603-8944.
Attachments
cc:
Tim Fields, Director, SRO
.Barry Breen, Director, Federal Facilities
..Superfund Branch Chiefs, Regions I-X
Superfund section Chiefs, Regions I-X
Office of Regional Counsel Branch Chiefs, Regions I-X
Water Management Branch Chiefs, Regions I-X
BTAG Coordinators, Regions I-X
Wetlands Coordinators, Regions I-X'

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