Testing Requirements for Ocean Dumping

EPA today is issuing a final rule clarifying portions of the Agency's ocean dumping regulations regarding the number of species to be used in bioassay testing of the solid phase (that part of the material that would settle rapidly to the bottom after dumping). The purpose of today's rule is to clarify regulatory language that was interpreted by the U.S. Court of Appeals for the Third Circuit in a different manner than EPA intended. Today's rule confirms the validity of existing solid phase testing practices under which the use of two species is permissible, provided the two species tested together represent the three categories of organisms specified in the regulations, and will maintain current safeguards for protection of the marine environment. The proposed rulemaking (February 29, 1996) included proposed changes that would have addressed liquid and suspended particulate phase test species, as well as other aspects of the testing requirements. The Agency has limited the scope of today's final rule to clarify only the number of species to be used in solid phase bioassay tests, in a manner consistent with current testing practices and scientific guidance. The Agency has determined that this final rule will provide protection of our ocean waters, without requiring unnecessary tests.