58 



The final result of our analysis was a three hundred page 

 impact assessment, which cites more than seven hundred scientific 

 sources and concludes that the outfall is not likely to adversely 

 affect endangered or threatened species, including the humpback 

 and right whales. 



The biological assessment was forwarded to NMFS for their 

 review. On September 15, NMFS issued its biological opinion, 

 which presents an independent analysis of the scientific 

 evidence. That analysis concludes that the outfall is not likely 

 to jeopardize protected species. 



The biological opinion includes a number of conservation 

 recommendations, which are intended to provide further protection 

 for endangered and threatened species. Although the 

 implementation of these recommendations is discretionary, EPA 

 intends to give NMFS's recommendations very careful 

 consideration. We have already begun discussions with NMFS, MWRA 

 and others concerning implementation of the recommendations. 



For example, two of the recommendations concern the 

 development of a contingency plan, in the event that unexpected 

 problems are caused by the MWRA discharge. EPA supports the 

 development of such a plan, and is working with NMFS and MWRA to 

 define its scope. The purpose of such a plan is to identify 

 potential solutions to any problems which may arise, so that a 

 remedy can be implemented quickly if needed. 



One of the contingency planning recommendations calls for 

 preparation of an Environmental Impact Statement on tertiary 



