Citation:

Impact/Purpose:

The proposed TEF reviewed was developed to evaluate bioaccumulation testing that is required to be performed on dredged material proposed for use as Remediation Material to be placed at the Region 2 ocean site, HARS. The TEF is a deterministic process, to be used by EPA Region 2 and the US Army Corps of Engineers New York District (USACE NYD), for evaluating the material for undesirable effects due to bioaccumulation of contaminants, by assessing for human health risk and ecological effects. It was developed to incorporate most current scientific developments, and to ensure that the approach remains consistent with the remedial objectives of the HARS designation. The scientific review is intended to evaluate the appropriateness of this deterministic process in meeting these objectives. The peer review will be used to identify critical issues, to revise the TEF if needed, and to support the final TEF.

Description:

The August 29, 1997 Final Rule, Simultaneous De-designation and Termination of the Mud Dump Site and Designation of the HARS, specifies that the HARS will be remediated by covering it with uncontaminated dredged material (i.e., dredged material that meets current Category I standards and will not cause significant undesirable effects including though bioaccumulation; hereinafter referred to as Remediation Material). The rule further specifies that the HARS will be managed so as to reduce impacts within the Priority Remediation Area (PRA) to acceptable levels in accordance with 40 CFR 228.11. In 1998, the guidelines and technical evaluation framework (TEF) used to evaluate bioaccumulation test results of material proposed for use as Remediation Material at the HARS were submitted to a panel of experts for scientific peer review. In light of the comments of those peer reviewers and comments received from New York-New Jersey Harbor stakeholders, the EPA Region 2 has proposed a modification to the TEF. In September 2000, the EPA and Corps executed a Memorandum of Agreement (MOA) to implement several actions. Included in the MOA specifications is to conduct a peer review of the review HARS TEF. This peer review was split into two phases: Phase I, Human Health and Shared Issues; and Phase II, Ecological Effects. In December 2000, a proposed human health TEF was submitted to a panel of scientists for their review of the human health evaluation and shared technical issues. In June 2001, the peer reviewers submitted a consensus report in fulfillment of their Phase I peer review charge. The consensus report compiled a unified review of the TEF. This report will be used by Region 2 and USACE NYD to amend and update the TEF. In response to this report, USACE NYD invested funding in 17 site-specific studies to provide data for an improved TEF. EPA and USACE reconvened the stakeholder work group to outline some results of the studies and inform of developments in improving the TEF risk analysis.

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