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The testing manual for the "Evaluation of Dredged materials Proposed for 

 Ocean Disposal" (also known as the Green Book) has recently (1991) been 

 revised and issued by the Corps of Engineers. Nevertheless it is flawed in 

 several respects and will therefore not always lead to the decisions reaarding the 

 disposal of dredged materials in the marine environment that are consistent with 

 the word and intent of the Ocean Dumping Act. The most significant flaws are 

 summarized below: 



(1) In laboratory testing of the effects of dredged material samples, the results 

 are compared to a reference site sample. The referenced sediment is chosen 

 such that, in environments which are already stressed by contamination — 

 such as the New York Bight, it is not possible to predict what will be the 

 effects of yet another dose on contamination upon animals which may be near 

 the limit of their tolerance to stress. The tests seem to assume that all organisms 

 in the ecosystem are healthy and the sediments, except for the dump site, are 

 clean. 



(2) The bioassay procedures contain numerous flaws, including: the use 

 of highly tolerant species rather that the most sensitive species, the 

 use of species that may not be typical of the dump site area, the use 

 of specimens that may be healthier and more tolerant than those 

 found in the dump site area, and the testing of each species in 

 isolation. 



(3) The bioaccumulation bioassays are inadequate because they are 

 conducted for a relatively short time (while bioaccumulation occurs 

 over very long periods of time) and they do not include 

 bioaccumulation through the food chain. Despite claims to the 

 contrary. 28 days is not sufficient to assess bioaccumulation in many 

 animals and certainly does not give the accumulation end-pint, which 

 is what we are interested in. The lack of food chain considerations 

 is the most glaring flaw. 



(4) The tiered approach is flawed. It could work, if it were applied 

 correctly — such that failing tests in one tier would suggest that the 

 material is unsuitable for dumping. However, the way EPA and the 

 Corps apply it. passing one tier, any tier, suggests that the material is 

 suitable for dumping. This greatly increases the chances that the 

 sediments will be determined suitable for dumping. 



(5) Sublethal chronic effects are not adequately addressed. The Corps 

 claims to be working on this, but any decisions based on the Green 



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