142 



Book tests should take into account this major missing piece. 



(6) Finally, this manual is based upon antiquated mixing modes. It is 

 time tor EPA and the COWE to acknowledge the flaws in the tour- 

 hour initial mixing model and base their analyses on a more 

 environmentally realistic model for potential effects. This model 

 allows most of the contamination into the water due to the dumping 

 activity to escape (swept away by currents) before samples are taken 

 to determine the effects of the dumping upon the water column and 

 its biota. 



ii. Implementation of the 1991 Green Book 



The implementation of the Green Book has not been as straightforward as 

 one might be led to believe. When the Green Book was released in final form in 

 April of 1991. the transmittal letter signed by both EPA and the Corps explicitly 

 stated that the revised testing manual would be phased in between the 

 announcement in the Federal Register and October 1, 1991. However, projects 

 that had sampling plans approved were grandfathered and didn't have to conform 

 to the new Green Book requirements, plus the new requirements were not going 

 to be imposed until the regional guidance documents were developed. As of 

 today, regional guidance have been approved by EPA Regions IV and VI. 

 Regions IX and X have letters of agreement to use the newer test methods. 

 Regions 1 and II are close to getting final approval, subject to public review and 

 agreement among state agencies. 



In the case of Region II. the document was not released to the public until 

 December 1992. Public review was solicited in the letter delivered with the 

 document, but no final deadline was set for accepting comments. Neither State 

 nor other Federal Agencies were consulted on the document before it went out 

 for public review. Consequendy, new testing requirements are being imposed in 

 Region II one year after anticipated by headquarters EPA and ACOE. only on 

 new permit applications and effectively without public comment. However, the 

 NYD makes assurances that public comments will be reviewed and the document 

 revised if warranted. But that assurance is of little comfort considering how 

 Public Notices are handled. 



The regional documents do not necessarily contain criteria or threshold 

 levels against which bioaccumulation test results must be compared against. 

 These are the critical decision-making tools that will decide whether or not 

 bioaccumulation levels are considered acceptable or not. One frustrating aspect of 

 the method recommended by the Green Book is to use FDA fish consumption 



IS 



