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At the Direction of Whitman, EPA Signs Proposed Rule to Set Standards for Dredged Material

Release Date: 10/01/2002
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(#02106) New York, N.Y. – At the direction of EPA Administrator Christie Whitman, Region 2 Regional Administrator Jane M. Kenny today signed a proposed rule that will make 113 parts per billion the bioaccumulation standard for PCBs in dredged material allowed to be placed off the New Jersey/New York shoreline. “As a former Governor of New Jersey and as EPA Administrator I have been firmly committed to protecting public health and the environment. Unfortunately, the previous Administration did not subject the 113 ppb standard to the appropriate procedures,” said Whitman. “Today the Agency has signed a proposed rule that will move us forward in a manner that will stand up to court review allowing us to protect human health and the environment. When faced with the court’s unfortunate decision I promised quick action— the agency has met that commitment and will get this rule finalized as quickly as allowed by law. I am pleased to hear that the material from the Gypsum facility will not be placed in the ocean, now we must move to get the standard finalized for other projects.” EPA moved very quickly to protect the ocean when faced with an unfavorable court decision in the U.S. Gypsum case. Within days, EPA began developing -- on a very expedited basis -- this proposed rule to make 113 parts per billion the bioaccumulation standard for PCBs in dredged material allowed in the ocean. As soon as the rule is published, EPA will open a 30 day comment period. Once comments are collected and considered, the rule will be finalized and put into effect. EPA Administrator Whitman has supported the idea that dredged material from the U.S. Gypsum facility should not be placed in the ocean. The agency supports beneficial upland disposal of dredged materials that are unsuitable for placement in the ocean. The proposed rule will apply only to sediments considered for placement at the Historic Area Remediation Site, known as the HARS. The rule is being proposed under the Marine Protection, Research and Sanctuaries Act (MPRSA), and would establish a firm HARS-specific 113 ppb value for polychlorinated biphenyls (PCB) in the tissue of worms after a 28-day bioassay as a binding criterion for making determinations for suitability of dredged material proposed for use as Remediation Material at the HARS. The HARS-specific 113 ppb PCB worm tissue value, when promulgated, would remain in effect until promulgation of new values based on the ongoing joint response by EPA and USACE to the scientific peer review with respect to a revised approach for evaluating PCBs and other contaminants of concern.