UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
9 ,
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
OSWER Directive Number 9280.0-03
MEMORANDUM
SUBJECT: Guidance on Considering Wetlarv
FROM: Bruce Diamond, Directo
Office of Waste Programs
t Superfund Sites
TO:
PURPOSE
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
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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Printed with Soy/Canola Ink on paper that
contains at least 50% recycled fiber
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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 §404 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 §404 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 Trustees
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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