156 



PP:ee 

 •10-9492 



is relevant and has been summarized above. I would add chac 

 recent data indicate an occurrence of fin-rot at a digested 

 sewage sludge ocean dump site used by the Federal Republic of 

 Germany. 



(g) Data provided by Ecological Analysts reflect 

 that, contrary to the assertion of Commissioner McArdle, the 

 City's sludges do fail the limiting permissible concentrations 

 criteria for both liquid and suspended particulate phases , 

 particularly during critical stratified summer conditions (Ecol. 

 Anal., p. 3, Chap. 3). Since the City's monitoring program is 

 concerned mainly with bacteria, nutrient, and oxygen levels, it 

 is difficult to exrrapolate these data to the acute and chronic 

 toxicity or bioaccumulation potential of Che City's dumping 

 activities. EPA can only agree that the City's data confirm 

 that such dumping (at present levels) is not contravening the 

 recreational quality (as indicated by colifors levels) on nearby 

 coastal beaches. Also, in performing their computation of L?C, 

 Ecological Analysts used mean bioassay toxicity values rather 

 than individual "worst case" values. Thus, it must be assumed 

 that additional contravention of the LFC criteria would result 

 if worst case values were used. 



9. In paragraph 15 of Commissioner McArdle 's 

 affidavit, he indicates that the City does not comply with 

 interim limitations for heavy metals in the solid phase of 

 sewage sludge, but that it meets all other EPA requirements. As 

 noted by Commissioner McArdle, however, if no solids settle out 

 within one hour, the sludges are considered not to have a solid 

 phase. Based on data provided by the City in 1979, EPA agrees 

 that the City ' s. sludges do not settle in laboratory tests and, 

 accordingly, they do not fail the solid phase criteria. It is 

 incorrect, however, to conclude that the City's sludge meets all 



