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PCB Laden Muck
by Tom Siciliano
(from Jersey Coast Anglers Association November 2002 Newsletter)
We occasionally have common ground with Clean Ocean Action and the dumping of PCBs at the HARS is one of those areas. The JCAA has joined a coalition of environmental and fishing groups in sending a letter of Notice of Intent to File Suit on the U.S. Gypsum Company proposal to dredge 110,000 tons of sediment and dump the PCB contaminated mud at the Mud Dump Site. The JCAA added their name along with the RFA, NJ Federation of Sportsmen’s Clubs, American Littoral Society and commercial fishermen to protest this latest attempt to dump more contaminated material.
The EPA had originally denied the request because the material tested at 128.76 ppb, which was above the new guideline value of 113 ppb. When the permit was denied, U.S. Gypsum filed suit and the judge of the US District Court ruled that the 113 ppb value was “unlawful” because the EPA did not follow proper procedures in determining the standard.
Since this material at 113 ppb of PCBs is dirtier than the material already at the Mud Dump, it made no sense to use material with 128.76 ppb of PCBs to clean up the HARS.
We have great news, our efforts have paid off. On Wednesday, October 2, 2002, the Army Corps of Engineers issued a permit to U.S. Gypsum for the remediation and beneficial upland use of the dredged material. The material will not be disposed of at the HARS or any other place in the Atlantic Ocean.
Now we need to continue our efforts to make the 113 ppb level a permanent standard. The EPA proposed a rule on October 8, 2002 that would properly establish 113 ppb as the criterion for PCBs in worms in dredged material to be dumped at HARS. Clean Ocean Action and the Jersey Coast Anglers Association support this interim rule as a step in the right direction to clean up HARS.
The EPA will hold public hearings on October 28, 2002 at 7 p.m. at the Monmouth Beach Municipal auditorium, 22 Beach Road, Monmouth Beach, N.J. and on October 29, 2002 at 2 p.m. at EPA Region 2 Offices at 290 Broadway, Room 27D, New York, NY.
Written comments will also be accepted. They must be received by November 7, 2002. The comments can be sent to: Mr. Douglas Pabst, Team Leader, Dredged Material Management Team, US Environmental Protection Agency Region 2, 290 Broadway, New York, NY 1007-1866 or by email to: pabst.Doublas@epa.gov. Include in the subject line: “Proposed Rule for HARS-specific PCB Worm tissue Criterion,” 67 Fed. Reg. 62,659, October 8, 2002.
The following sample letter may be used to state your club’s position on this issue. If you would like an email copy please email me at toms6363@comcast.net and I will forward it to you.
MONTH DAY, 2002
Mr. Douglas Pabst, Team Leader
Dredged Material Management Team
U.S. Environmental Protection Agency, Region 2
New York, NY 10007-1866
Attn: Proposed Rule for Historic Area Remediation Site-Specific Polychlorinated Biphenyl Worm Tissue Criterion, 67 Fed. Reg. 62,659 (October 8, 2002)
To Mr. Pabst:
On behalf of the INSERT THE NAME OF YOUR GROUP, I write to support the Environmental Protection Agency’s (EPA) Proposed Rule for Historic Area Remediation Site (HARS)-Specific Polychlorinated Biphenyl Worm Tissue Criterion as an interim measure. As INSERT YOUR TITLE of the INSERT YOUR GROUP, I represent INSERT NUMBER OF MEMBERS OR MEMBER ORGANIZATIONS IN NEW JERSEY/NEW YORK AREA.
As INSERT NATURE OF YOUR GROUP (i.e., commercial fishermen) we INSERT INTERESTS/ACTIVITIES OF GROUP/MEMBERS IN REFERENCE TO HARS.
The HARS is located approximately three and one-half (3.5) miles off the coast of New Jersey from Sandy Hook and is found within a highly utilized area for recreation, including one of the most popular fishing spots in the New York-New Jersey area. The HARS encompasses the former Mud Dump Site, an area where historic dumping of highly contaminated material occurred. The EPA has identified higher levels of PCBs in both the sediment and in the food chain at HARS than found in the surrounding area. With the designation of HARS, the Region’s citizens were promised a cleaner ocean since the EPA rule specifically required HARS to be remediated by placing a clean, uncontaminated cap on top of the existing contaminated sediments.
Following the designation, citizens have battled many proposals to dump more PCBs at HARS because EPA had not identified a protective level of PCBs. In 2000, EPA revised the allowable levels of PCBs detected in worms from dredged material approved for ocean dumping from 400 parts per billion (ppb) to 113 ppb to protect human health. However, a federal court in New York recently ruled that EPA did not follow proper procedures in establishing this value.
The proposed interim rule is a step in the right direction. We believe that the proposed pass/fail method of applying the 113 ppb HARS-specific tissue criterion is a necessary component of the proposed rule. As proposed, the rule will improve the process of remediation required by EPA regulations. Importantly, the proposed rule for an interim pass/fail guideline value of 113 ppb will help to prevent any further degradation of HARS and is a necessary step towards protecting our members and the public at large from PCBs in the food chain.
Thank you for the opportunity to comment on this proposed rule as it will directly affect the INSERT THE NAME OF YOUR GROUP.
Sincerely,
YOUR NAME, TITLE