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action levels to assess bioaccumulation of a limited number of compounds in the 

 tissue of worms or other benthic species. Without accounting for trophic transfer 

 levels, it eludes us how the use of fish consumption action levels is protective 

 enough of the marine environment. This is a serious flaw in the Green Book 

 guidance. 



4. Use of capping as a mitigation measure 



The Corps considers capping "an appropriate contaminant control measure 

 for benthic effects" 3 '. However, there is no provision in the MPRSA or its 

 implementing regulations that allow for mitigating measures such as capping to be 

 used as a means for meeting ocean dumping criteria that otherwise would not be 

 suitable for unrestricted open ocean disposal. The Corps maintains that capping 

 is recognized by the London Dumping Convention (LDC) as a management 

 technique to "rapidly render harmless" otherwise unsuitable materials. However, 

 it should be understood that the LDC addresses capping as a management 

 technique for rendering materials "harmless" only in a guidance document. 



Even if capping was expressly allowed as a mitigative measure, there is 

 doubt that it truly works. The ACOE claims it has a body of evidence that 

 demonstrates the effectiveness of capping, however, as described above, that claim 

 is extremely questionable. In large measure, the ACOE's claims about capping 

 are based on limited use in certain areas of the country. It should not necessarily 

 be viewed as a uniform mitigative measure that can work under any condition. 

 In fact, we understand Region I rejected the ACOE's request to utilize capping as 

 a means of managing contaminated dredged material at a deep ocean site in 

 Massachusetts Bay. And. as described above, the experience of capping at the 

 Mud Dump Site has provided substantial pieces of evidence that capping is not a 

 completely effective mitigative measure. 



5. Regulating dioxin in absense of the national reassessment 



It is of great concern that Region II EPA undertook to regulate dioxin in 

 dredged material as EPA concurrently is reassessing dioxin*s potential to harm 

 humans and the environment. Without the benefit of the reassessment, decisions 

 are being made in absense of good science. This is of concern considering what 

 has been said by EPA regarding dioxin presently. The preliminary results of the 

 dioxin reassessment show that dioxin's cancerous and non-cancerous effects are 



'- ACOE- WES. 1992. Monitoring Considerations for Capping". Dredging 

 Research Technical Notes . DRP-5-07. 



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