146 



As described above, dioxin has been found to be spread throughout the 

 sediments and benthic worms in and around the Mud Dump Site. While this is 

 new information, dioxin has been known to be present in Newark Bay sediments 

 for ten years. In 1985. New Jersey Department of Environmental Protection 

 published a study on dioxin in aquatic animals and sediments. It detailed 

 findings of levels of dioxin in fish and shellfish tissue greater than the Food and 

 Drug Administration's "levels of concern" 5 ." Subsequently, in 1984, New Jersey 

 established a prohibition on the sale and consumption of all fish and shellfish 

 taken from the Newark Bay complex. Recently, a soon to be published report 

 conducted by Dr. Angela Cristini of Ramapo College for the New Jersey 

 Department of Environmental Protection and Energy has revealed that dioxin 

 levels in the tissue of Newark Bay blue crabs has not appreciably declined since 

 the early 1980s. Also, her research documented the dioxin levels are close to 

 and above the "FDA level of concern" in the hepatopancreas of blue crabs taken 

 from three locations outside of the Newark Bay; the furthest location being 

 Raritan Bay. These findings show that dioxin has spread beyond the confines of 

 Newark Bay and is present in areas, until now. that have been considered "clean. 



A. The Public Notice was flawed and undermined public comment 



The Public Notice (PN) for the Port Authority's project was issued in late 

 November 1991. A hearing was held in late February and comments were due in 

 mid-March of 1992 36 . 



The PN's only discussion of dioxin was a brief paragraph at the end of the 

 notice saying that effectively, the results of the bioassay/bioaccumulation testing 

 indicated that the proposed dredging did meet "the current ocean disposal intenm 

 guidelines for dioxin.' 7 " The notice never described what the current ocean 

 disposal interim guidelines for dioxin were. The only way to find out was to 

 obtain a copy through contacts at agencies. The interim guidelines never went 

 through any form of public review, whether formal or informal. The Corps 

 developed the guidelines and kept other agencies informed of the process through 

 an "Interagency Dioxin Steering Committee", made up of state and federal 



see footnote # 1 1 



"Many of the following issues were discussed in detail in EDF's comments 

 on the Public Notice dated March 16. 1992. and subsequent correspondence, 

 which are part of the permit's administrative record. 



"Public Notice No. 145 15-9 1-1028-OD 



