Red_Hook_Flats_Anchorage_FNP-Supermemo_Reach_1-20221110.pdf

Red Hook Flats Anchorage FNP (Reach 1) - 1

November 10, 2022

MEMO FOR THE RECORD

SUBJECT: Review of Compliance with the Requirements of 40 CFR 227.6 and 227.27, and

Site Designation Provisions of 40 CFR 228.15 for Red Hook Flats Anchorage Federal Navigation Project (FNP) – Reach 1.

FROM: Mark Reiss, Chief

Dredging, Sediments, and Oceans Section Water Division EPA Region 2

Kelly Vega, Chief Dredged Material Management Section Operations Division, New York District U.S. Army Corps of Engineers

I. SUMMARY

The U.S. Army Corps of Engineers, New York District (CENAN) is proposing to dredge the Red Hook Flats Anchorage Federal Navigation Project (herein referred to as “Red Hook Flats Anchorage FNP”), located in Upper New York Bay, with placement of the dredged material as Remediation Material at the Historic Area Remediation Site (HARS) in the Atlantic Ocean.

This memorandum provides comprehensive review and analysis of the Red Hook Flats Anchorage FNP test results for Reach 1. This memorandum addresses compliance with the regulatory testing criteria of 40 CFR Sections 227.6 and 227.27, and the requirements of the rule establishing the Historic Area Remediation Site (HARS) set out in Section 228.15(d)(6). These requirements hereinafter are referred to as the “Regulations.” Project dredged material meets the

Red Hook Flats Anchorage FNP (Reach 1) - 2 non-testing regulatory criteria of Subparts B, C, D, and E of 40 CFR § 227 pertaining to:

environmental impacts, need, impact on esthetic, recreational and economic values, and other uses of the ocean (EPA/USACE 2019).

As discussed in the HARS rulemaking preamble (see 62 Fed. Reg. 46142 (August 29, 1997) and 62 Fed. Reg. 26267 (May 13, 1997)) and its accompanying documentation, the need to remediate the Historic Area Remediation Site is amply supported by the presence in the HARS of toxic effects, dioxin bioaccumulation exceeding Category I levels in worm tissue, as well as TCDD/PCB contamination in area lobster stocks. Individual elements of the aforementioned data do not prove that sediments within the Study Area are imminent hazards to the New York Bight Apex ecosystem, living resources, or human health. However, the collective evidence presents cause for concern, justifies a need for remediation, indicates that the site is Impact Category I (see 40 CFR 228.10), and necessitates that the site should be managed to reduce impacts to acceptable levels (see 40 CFR 228.11(c)). Further information on the conditions in the Study Area and the surveys performed may be found in the Supplemental Environmental Impact Statement (EPA, 1997c).

This evaluation confirms that: 1) all tests required under the Regulations were conducted, 2) this project meets the criteria at 40 CFR Section 227.6 for trace contaminants and Section 227.27 for Limiting Permissible Concentration (LPC), and 3) the dredged material is Category I under U.S.

Environmental Protection Agency (EPA) Region 2/U.S. Army Corps of Engineers, NY District (CENAN) guidance and is suitable for placement at the HARS as Remediation Material.

II. PROJECT DESCRIPTION

The proposal is to dredge shoaled areas of the Red Hook Flats Anchorage FNP and place approximately 675,015 cubic yards of material (based on a January 2021 bathymetric survey) at the HARS. The project has been sampled and tested as two separate reaches for the purposes of bioassay testing (see sampling plan; CENAN 2021) as described below:

Reach 1, shown below in magenta, will be dredged to a depth of -35’ MLLW + 2’ and has an estimated volume of 634,325 cy. The project sediments from this reach are represented by 21 core samples composited for the purpose of bioassay testing.

Reach 2, shown below in green and red, will be dredged to depths of -40’ MLLW + 2’ allowable overdepth and -45’ MLLW + 2’ of allowable overdepth with a total estimated volume of 40,690 cy. The project sediments from this reach are represented by 9 core samples composited for the purpose of bioassay testing.

This memorandum provides comprehensive review and analysis of Reach 1.

Red Hook Flats Anchorage FNP (Reach 1) - 3

III. REGULATORY REQUIREMENTS

For dredged material to be suitable for use as Remediation Material, it must conform to the Regulations. The Marine Protection, Research, and Sanctuaries Act (MPRSA) or “The Act” prohibits dumping of materials into the ocean except as authorized by EPA or, in the case of dredged materials, by the U.S. Army Corps of Engineers (USACE). Section 102 of the Act directs the EPA to establish and apply criteria for reviewing and evaluating permit applications (33 U.S.C. Section 1412). EPA has adopted such criteria in the Regulations. 40 CFR Section 227.6(a) lists constituents that are prohibited from being placed in the ocean unless only present as trace contaminants in material otherwise suitable for dumping (hereinafter referred to as “listed constituents”). Section 227.27 addresses compliance with the LPC. See also, Section 227.13(c).

Section 227.6(b) states that these listed constituents are considered to be present as trace contaminants only when they are present in such forms and amounts that the “dumping of the materials will not cause significant undesirable effects, including the possibility of danger associated with their bioaccumulation in marine organisms.” The Regulations set forth criteria for determining the potential for significant undesirable effects in Section 227.6(c). To be found environmentally acceptable for ocean placement, the liquid phase must not contain any of the listed constituents in concentrations that would exceed applicable marine water quality criteria after allowance for initial mixing (Section 227.6(c)(1)). For the suspended particulate phase (Section 227.6(c)(2)) and the solid phase (Section 227.6(c)(3)), bioassay results must not indicate occurrence of significant mortality or significant adverse sublethal effects due to the ocean placement of dredged material containing the listed constituents.

Section 227.27 of the Regulations addresses the LPC. For the liquid phase, Section 227.27(a) provides that the LPC is that concentration which does not exceed applicable marine water quality criteria after initial mixing, or when there are no applicable marine water criteria, that concentration of material after initial mixing, would not exceed 0.01 of a concentration shown to be acutely toxic to appropriate sensitive marine organisms in a bioassay carried out in accordance with procedures approved by EPA and USACE. For the suspended particulate phase and the solid phase, Section 227.27(b) provides that the LPC is that concentration of material which will not cause unreasonable acute or chronic toxicity or other sublethal adverse effects based on results of bioassays using appropriate sensitive organisms and conducted according to procedures that have been approved by EPA and USACE, and which will not cause accumulation of toxic materials in the human food chain.

Red Hook Flats Anchorage FNP (Reach 1) - 4

The HARS encompasses an area which includes the Mud Dump Site (MDS), and which has exhibited the potential for adverse ecological impacts and has been identified for remediation.

The site will be remediated with uncontaminated dredged material (i.e., dredged material that meets current Category I standards and will not cause significant undesirable effects including through bioaccumulation) (hereinafter referred to as “Remediation Material” or “Material for Remediation”). Under 40 CFR 228.15 (d)(6)(v)(A) the site will be managed to reduce impacts within the Priority Remediation Area (PRA) to acceptable levels in accordance with 40 CFR Section 228.11(c). Use of the site is restricted to dredged material suitable for use as Material for Remediation. This material shall be selected to ensure it will not cause significant undesirable effects including through bioaccumulation or unacceptable toxicity in accordance with 40 CFR 227.6.

Section 228.15(d)(6) of the Regulations describes the locations where material from NY/NJ Harbor and surrounding areas may be placed in the HARS, if it is suitable as Remediation Material. The HARS consists of nine PRAs, a Buffer Zone, and a No Discharge Zone. Under 228.15(d)(6) placement of Remediation Material is limited to the PRAs.

IV. GUIDANCE FOR TESTING AND EVALUATION OF DREDGED MATERIAL

The discussion below describes how the material proposed to be dredged from the Red Hook Flats Anchorage FNP – Reach 1 was evaluated for placement at the HARS and evaluated for compliance with the requirements of 40 CFR 227.6, 227.27, and 228.15(d)(6). Testing of the material was conducted following procedures approved by EPA and USACE, and contained in the joint EPA/USACE national guidance “Evaluation of Dredged Material Proposed for Ocean Dumping - Testing Manual” (the “Green Book;” EPA/USACE, 1991), and the regional implementation manual developed by the EPA Region 2 and CENAN (EPA/CENAN, 2016).

These test results were analyzed in accordance with the Regulations to ensure that the proposed placement meets the criteria of Part 227 and the requirements of 228.15(d)(6). As explained in the preamble to the HARS Rule, Remediation Material is uncontaminated dredged material (i.e., dredged material that meets current Category I standards and will not cause significant undesirable effects including through bioaccumulation). The determination of whether materials meeting the Part 227 criteria are assigned to Category I is based upon technical and scientific judgment as set out below.

Applying the EPA Region 2/CENAN guidance to this project, the material would be Category I if it meets the Part 227 criteria (including the requirements regarding acute toxicity) and:

bioaccumulation test results do not exceed the Regional Matrix Values for cadmium, mercury, total PCBs (clam), and total DDT (USACE 1981), and are below the regional Category I guidance values for dioxin (EPA 1997a), and bioaccumulation test results do not exceed the HARS-Specific Polychlorinated Biphenyl

(PCB) Worm Tissue Criterion defined in 40 CFR 228.15(d)(6)(v)(E), and

Red Hook Flats Anchorage FNP (Reach 1) - 5 bioaccumulation test results for the other bioaccumulative chemicals of concern identified in EPA/CENAN (2016) do not indicate a potential for undesirable effects using conservative assessment techniques.

Sediments that meet this Category I definition are suitable for placement at the HARS as Remediation Material as they will improve sediment conditions at the HARS to reduce impacts to acceptable levels in accordance with 40 CFR Section 228.11(c). Sediments that do not meet this definition are not suitable for placement at the HARS.

V. RESULTS OF EVALUATION OF THE MATERIAL

A. Evaluation of the liquid phase

The liquid phase of the material was evaluated for compliance with Sections 227.6(c)(1) and 227.27(a). There are applicable marine water quality criteria for constituents in the material, including listed constituents, and the applicable marine water quality criteria would not be exceeded after initial mixing. In addition, liquid phase bioassays run as part of the suspended particulate phase on three appropriate sensitive marine organisms, show that after initial mixing (as determined under 40 CFR 227.29(a)(2)), the liquid phase of the material would not exceed a toxicity threshold of 0.01 of a concentration shown to be acutely toxic to appropriate sensitive marine organisms. Accordingly, it is concluded that the liquid phase of the material complies with 40 CFR 227.6(c)(1) and 227.27(a). The specific test results and technical analysis of the data underlying this conclusion are described and evaluated in CENAN (2022).

B. Evaluation of the suspended particulate phase

The suspended particulate phase of the material was evaluated for compliance with Sections 227.6(c)(2) and 227.27(b). Bioassay testing of the suspended particulate phase of the material has been conducted using three appropriately sensitive marine organisms: inland silversides (Menidia beryllina), mysid shrimp (Americamysis bahia, formerly Mysidopsis bahia), and the planktonic larvae of the blue mussel (Mytilus galloprovincialis). That information shows that when placed in the HARS and after initial mixing (as determined under 40 CFR 227.29(a)(2)), the suspended particulate phase of this material would not exceed a toxicity threshold of 0.01 of a concentration shown to be acutely toxic in the laboratory bioassays (LC/EC50), and thus would not result in significant mortality. The material may be discharged on either incoming or outgoing tides. For Reach 1, based on a placement volume of volume of 3,500 cy, placement of project material could occur at distances at least 1,650 feet from the northern, southern, eastern, and western boundaries of the HARS, independent of the direction of tidal transport at the time of placement. Based on a placement volume 6,000 cy, placement of project material could occur at distances at least 1,950 feet from the northern, southern, eastern, and western boundaries of the HARS independent of the direction of tidal transport at the time of placement. The specific test results and technical analysis of the data underlying this conclusion are described in CENAN (2022).

The factor of 0.01 was applied to ensure that there would be no significant adverse sublethal effects. Moreover, the fact that after placement, the suspended particulate phase would only exist in the environment for a short time, means the suspended particulate phase would not cause

Red Hook Flats Anchorage FNP (Reach 1) - 6 significant undesirable effects, including the possibility of danger associated with bioaccumulation, since these impacts require longer exposure durations (see EPA, 1994).

Accordingly, it is concluded that the suspended phase of the material complies with 40 CFR 227.6(c)(2) and 227.27(b).

C. Evaluation of the solid phase

The solid phase of the material was evaluated for compliance with Sections 227.6(c)(3) and 227.27(b). This evaluation was made using the results of two specific types of evaluations on the solid phase of the material, one focusing on the acute (ten-day) toxicity of the material, and the other focusing on the potential for contaminant bioaccumulation in test organisms exposed to the dredged material as compared to those same endpoints in test organisms exposed to a reference sediment. Both types of tests were conducted following procedures approved by EPA and the

USACE (EPA/USACE 1991).

Reference sediment serves as a point of comparison to identify potential effects of contaminants in the dredged material (EPA/USACE, 1991). Exposing test organisms to this sediment allows for the prediction of toxicity and bioaccumulated contaminant levels that would be expected to result in the test organisms were they “in the wild” at the area from which the reference sediment was taken. The reference sediment used for this project was collected at the Reference Site, in an area of clean, sandy sediments located in the New York Bight near the HARS, where the sediments are unaffected by prior dredged material disposal.

To make a statistically valid determination that exposure to the project sediment does or does not cause greater toxicity or bioaccumulation than the reference sediment, laboratory exposures to several sub-samples (i.e., replicates) of the dredged material and reference sediment are run concurrently. Means and standard deviations are calculated for each set of exposures and compared using standard statistical approaches to determine, with 95% confidence, whether exposure to project sediment results in significantly higher toxicity or bioaccumulation than exposure to reference sediment. Throughout this memorandum, statements regarding project sediment having “greater” or “less” toxicity or bioaccumulation are referring to calculated differences which are statistically significant at the 95% confidence level.

A statistically significant difference between test and reference bioaccumulation is not itself a quantitative prediction that an impact would occur in the field. A key to understanding bioaccumulation and potential adverse impacts is the fact that bioaccumulation does not necessarily result in an effect. At low exposure (concentration and duration), bioaccumulation may cause no harm. On the other hand, as exposure and/or bioaccumulation increases, the potential for adverse effects increases.

The following sections address the results of solid phase tests and further analyze compliance with the regulatory criteria of Sections 227.6(c)(3), 227.27(b), and 228.15 and with EPA Region 2/CENAN guidance.

Solid phase toxicity evaluation Ten-day acute toxicity tests were conducted on project materials using mysids (Americamysis bahia) and amphipods (Ampelisca abdita), which are appropriate sensitive benthic marine organisms. These organisms are good predictors of adverse effects to benthic marine

Red Hook Flats Anchorage FNP (Reach 1) - 7 communities (see EPA 1996a). The results of these tests show that the solid phase of the material would not cause significant mortality (statistically different project sediment-exposed mortality exceeding mortality in the reference sediment exposures by 10% for mysid shrimp or 20% for amphipods) and meets the solid phase toxicity criteria of Sections 227.6 and 227.27.

Solid phase bioaccumulation evaluation 28-day tests were conducted on the solid phase of the project material to assess the potential for bioaccumulation of contaminants of concern identified in the project sampling plan (CENAN 2018) using two appropriate sensitive benthic marine organisms, sand worm (Alitta virens, formerly Nereis virens) and bent-nosed clam (Macoma nasuta). These species are good representatives of the phylogenetically diverse base of the marine food chain. Contaminants of concern were identified from Squibb, et al., (1991), a report prepared for the Toxics Work Group of the NY/NJ Harbor Estuary Program to identify and characterize contaminants in NY/NJ Harbor. Compounds from that list, including organic compounds with the potential to bioaccumulate (Kow of approximately 4 or greater), are included on the bioaccumulation testing list when expected to be present in project sediments based upon contaminant inputs and previous sediment sampling results.

There are FDA Action Levels for seven compounds (aldrin, dieldrin, a-chlordane, heptachlor, heptachlor epoxide, PCBs, and mercury; see Table 4, Column 18). Bioaccumulation of any of these contaminants to levels exceeding an FDA Action Level (see EPA/USACE 1991) results in a conclusion that ocean disposal of the dredged material would cause significant adverse effects and exceed the LPC as per 40 CFR 227.27. Therefore, dredged material causing bioaccumulation of any of these contaminants to levels exceeding FDA Action Levels is not suitable for use as Remediation Material at the HARS. None of the contaminants for which there are FDA Action Levels exceed such thresholds in the tissues of organisms exposed to sediments from this project.

When bioaccumulation of a specific contaminant or class of contaminants in organisms exposed to project sediments is not significantly greater than bioaccumulation in organisms exposed to reference sediments, that contaminant is concluded to be present in forms and amounts that do not result in bioaccumulation that would cause unreasonable degradation of the environment or human health, or significant adverse effects. These contaminants are not considered further in the evaluation unless they contribute to a mixture that is evaluated against a single combined guideline value or criterion (i.e., total PCBs, PAH mixtures, total DDT, total chlordane and total endosulfans). In cases where bioaccumulation levels are statistically greater (at the 95% confidence limit) in project sediment-exposed organism than in reference sediment-exposed organisms, further evaluation for potential effects is warranted to evaluate any risk that might be associated with accumulated contaminants.

EPA Region 2 and CENAN use a framework to evaluate project sediment bioaccumulation results that follows national guidance described in the Green Book (EPA/USACE 1991). This guidance outlines a series of evaluations to consider risks associated with project sediment bioaccumulation results that exceed reference. The framework used for HARS-suitability determinations is shown in Figure 1 and includes the following evaluations:

Comparison of the 28-day bioaccumulation results to Regional Dioxin Values. Dioxins and furans that bioaccumulate to greater than reference are evaluated by comparing accumulated concentrations to Regional Dioxin Values (EPA 1997a) (listed in Table 4, Red Hook Flats Anchorage FNP (Reach 1) - 8

Column 20 of Dioxin sheet). 28-day bioaccumulation test results that equal or exceed the Regional Dioxin Values for 2,3,7,8-TCDD or total toxic equivalency (TEQ) of combined congeners indicate that the sediment is not Category I dredged material and is not suitable for use as Remediation Material at the HARS.

Comparison of the 28-day bioaccumulation results to Regional Matrix Values. PCBs, DDTs, cadmium, and mercury that bioaccumulate to concentrations greater than reference are evaluated by comparing ‘steady state’-adjusted concentrations to Regional Matrix Values (USACE 1981) and the HARS-Specific PCB Worm Tissue Criterion (40 CFR 228.15(d)(6)(v)(E)) (listed in Table 4, Column 20; steady state adjustment is discussed in Section 1 of Appendix A). Bioaccumulation test results that exceed the Regional Matrix Values or HARS-Specific PCB Worm Tissue Criterion indicate that the sediment is not Category I dredged material and is not suitable for use as Remediation Material at the HARS.

Risk-based assessments are conducted to evaluate concentrations of compounds that bioaccumulate above reference for which Regional Dioxin Values or Regional Matrix Values do not exist. These evaluations are made using ‘steady state’-adjusted concentrations and include comparisons to risk values protective of benthic organisms and upper level trophic receptors, including humans.

The final evaluation uses all available information and results of the individual chemical evaluations to evaluate the solid phase of the dredged material as a whole.

The remainder of this memorandum documents the assessment conducted using the described framework to evaluate risks associated with contaminants that bioaccumulated to greater than reference levels in tissues of organisms exposed to Red Hook Flats Anchorage FNP – Reach 1 sediment. Bioaccumulation test results for Reach 1 are summarized in Table 4.

Red Hook Flats Anchorage FNP (Reach 1) - 9

Figure 1. EPA Region 2/CENAN Framework for Evaluating Bioaccumulation Test Results for the

Red Hook Flats Anchorage FNP – Reach 1

Solid Phase Bioaccumulation Evaluation-Comparison to Reference Sediment Bioaccumulation

Contaminants for which bioaccumulation from the dredged material in tissue was statistically greater than the reference in the clam and/or worm are indicated by an asterisk in the applicable column of Table 1.

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Table 1. Statistically Significant Bioaccumulation of Contaminants in

Organisms Exposed to Project Sediments vs. Reference Sediments

CONTAMINANT CLAMS WORMS

PAHs Acenaphthene * * Acenapthylene * * Anthracene * * Fluorene * * Naphthalene * Phenanthrene * * Benzo(a)anthracene** * * Benzo(a)pyrene** * * Benzo(g,h,i)perylene * * Benzo(b)fluoranthene** * * Benzo(k)fluoranthene** * * Chrysene** * * Dibenzo(a,h)anthracene** * * Fluoranthene * * Indeno(1,2,3-cd)pyrene** * * Pyrene * *

PESTICIDES

Dieldrin * a-Chlordane * Endosulfan sulfate *

2,4-DDT *

4,4-DDD *

2,4-DDD * *

4,4-DDE * *

TOTAL PCBs * * 1,4-Dichlorobenzene *

METALS

Lead *

DIOXINS

2,3,7,8,-TCDD *

1,2,3,7,8-PeCDD * 1,2,3,4,7,8-HxCDD * 1,2,3,6,7,8-HxCDD * 1,2,3,7,8,9-HxCDD * 1,2,3,4,6,7,8-HpCDD *

OCDD *

2,3,7,8-TCDF *

1,2,3,7,8-PeCDF * 2,3,4,7,8-PeCDF *

OCDF *

Red Hook Flats Anchorage FNP (Reach 1) - 11

Solid Phase Bioaccumulation Evaluation - Comparison to Regional Dioxin Values Bioaccumulation test results were below all Regional Dioxin Values (EPA 1997a) for both test organisms. Therefore, no further evaluation of these contaminants is required in accordance with EPA Region 2/CENAN guidance.

Solid Phase Bioaccumulation Evaluation- Comparison to Regional Matrix Values and the HARS-Specific PCB Worm Tissue Criterion Bioaccumulation test results (adjusted for steady state, as described in Section 1 of Appendix A) were below all Regional Matrix Values (USACE 1981) for both test organisms and the mean ‘steady state’-adjusted worm PCB tissue concentration was below the HARS-Specific PCB Worm Tissue Criterion (40 CFR 228.15(d)(6)(v)(E)). Therefore, no further evaluation of these contaminants is required in accordance with EPA Region 2/CENAN guidance.

Solid Phase Bioaccumulation Evaluation- Risk-based Evaluations Risk associated with compounds that bioaccumulated to greater than reference in test organisms exposed to project sediment for which Regional Matrix Values (USACE 1981) or Regional Dioxin Values (EPA 1997a) do not exist are evaluated using risk-based assessments, as discussed below. Contaminants that fall into this group for this project include PAHs, dieldrin, a-chlordane, endosulfan sulfate, 1,4-dichlorobenzene, and lead.

Contaminants bioaccumulated from dredged material can present risks to organisms that are directly exposed to the sediment and to species at upper trophic levels of the marine food web (e.g., predatory fish). Human exposure can potentially result via consumption of fish that has been dietarily exposed to HARS contaminants. Risk to directly exposed ecological receptors, risk to dietarily exposed ecological receptors, and human risk are examined separately in the EPA Region 2/CENAN framework.

a. Risks to Directly Exposed Organisms Metals, Pesticides, and Industrial Chemicals Water Quality Criterion Tissue Levels (WQCTL) are established for aldrin, dieldrin, total chlordane, total endosulfan, 1,4-dichlorobenzene, arsenic chromium, copper, lead, nickel, silver, and zinc (see Appendix, Section 2, A). For this project, none of the WQCTLs were exceeded.

To assess direct exposure risks of PAHs, a direct comparison is made of total measured PAH tissue residue to the Critical Body Residue (CBR) associated with narcosis, which is the primary non-cancer effect of PAHs. The CBR approach, described by McCarty (1991), was used to evaluate the potential impacts of total PAHs accumulated in the dredged material bioaccumulation test organisms and is discussed in the Appendix. As shown in Table 4, total PAH levels in tissues from the dredged material bioaccumulation test were below levels at which chronic adverse effects might be expected from a narcotic mode of action in sensitive aquatic organisms (i.e., fish) as estimated by the CBR.

Therefore, these bioaccumulation test results do not indicate a potential for undesirable effects to directly exposed organisms resulting from use of this material as Remediation Material at the

HARS.

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b. Risks to Upper Trophic Level Ecological Receptors

To properly assess risks to upper trophic level species (including humans) the efficiency with which a contaminant is transferred through the diet and the propensity of those compounds to accumulate to higher concentrations in the tissues of the consumer must be considered. The potential movement of contaminants through the food chain was considered and appropriate trophic transfer factors applied to adjust the data accordingly to reflect the propensity of specific contaminants or contaminant groups to accumulate to higher (or lower) concentrations in upper trophic level organisms (including humans). Data and/or methods used to develop these trophic transfer adjustment factors are discussed in the Appendix.

Effects of Mutagenic, Carcinogenic and Teratogenic PAHs Applying an uncertainty factor (UF) of 10 to account for interspecies differences in sensitivities and a trophic transfer factor of 0.1 to the no-effects level for BaP calculated from Hannah, et al.

(1982), as discussed in the Appendix results in a no-effect level for BaP of approximately 8,000 Column 9 for BaP only ppb in benthic tissue, which is considerably greater than the highest steady state-adjusted tissue concentration of BaP measured in organisms exposed to project sediment (18.7 ppb for BaP only and 25.9 ppb for total BaP equivalents) project tissue concentrations would still be below this no-effect level if the higher trophic transfer factor (0.23) reported by McElroy, et al. (1991) was used.

Hall and Oris (1991) reported on experiments that exposed fathead minnows to anthracene during long-term exposures and observed adverse effects on reproduction. The paper reported that a concentration of anthracene in the tissue of the egg in the range of 3,750 to 8,000 ppb resulted in no significant effects on egg hatching or survivorship. Using the same approach for accounting for species-to-species uncertainty and food chain transfer yields a conservative benthic tissue level of 3,750 ppb. Anthracene tissue concentrations from the project bioaccumulation tests are well below this level.

As stated above, PAHs accumulated to greater than reference in test organisms exposed to project sediments. However, the most relevant aquatic effects information reviewed indicates that the highest tissue PAH levels accumulated in the dredged material bioaccumulation tests are below mutagenic, carcinogenic, and teratogenic no-effect levels.

c. Consideration of Potential Carcinogenic and Non-carcinogenic Effects on Human Health Benthic tissue screening levels for human carcinogenic risk and non-carcinogenic hazard were developed for those contaminants that do not have Regional Matrix Values (USACE 1981) or Regional Dioxin Values (EPA 1997a). The approach used to derive these screening levels (described in the Appendix) uses standard EPA risk-assessment approaches and assumptions (fish and shellfish consumption rates; whole body to fillet contaminant ratios) to back calculate a fish tissue concentration that corresponds to specific levels of cancer risk or non-cancer hazard.

The fish tissue concentration is then converted to a corresponding benthic prey concentration using the trophic transfer factors discussed in the Appendix.

Because the analysis implicitly incorporates various conservative assumptions regarding exposure (e.g., 100% of consumed seafood is fish taken from the HARS; fish has fed exclusively at HARS long enough prior to capture to be at equilibrium with benthic prey tissue contaminant concentrations), the resulting benthic tissue concentrations represent conservative estimates of

Red Hook Flats Anchorage FNP (Reach 1) - 13 risk, or what are in effect plausible upper-bound estimates. Thus, the true risk is highly unlikely to be greater than estimated and could be much lower.

Table 4, Column 14 lists conservative human cancer protection levels in benthic organisms for the chemicals which are known or suspected carcinogens that correspond to a human cancer risk level of 1 x10-4. None of the human health cancer protection levels were exceeded in the bioaccumulation test results.

The potential for non-cancer impacts can be expressed as a hazard quotient (HQ), which is the ratio of the average daily intake divided by the toxicological reference dose for the chemical.

Table 4, Column 15 includes the noncancer protection levels in benthic organisms for the chemicals requiring further analysis that are known to cause, or suspected of causing, non-carcinogenic effects, that would result in a human HQ equal to unity (i.e., 1). If the HQ is less than unity, an adverse noncarcinogenic effect is highly unlikely to occur. The higher the HQ, the more likely that an adverse noncarcinogenic effect will occur as a result of exposure to the contaminant in the dredged material after placement.

The concentrations of all contaminants in test organisms’ tissues were below their respective non-cancer protection level (HQs for all contaminants were less than unity).

D. Evaluation of Bioaccumulation Results for Dredged Material as a Whole As a final step in the evaluative process, it is appropriate to go beyond assessing the individual test results to evaluate the bioaccumulation test results as a whole to provide an opportunity for an integrated assessment of the individual test results (see Figure 1, Box d). EPA/USACE (1991) provides additional factors to be considered in making an integrated assessment of dredged material test results. The recommended factors are:

Magnitude of toxicity and number and phylogenetic diversity of species exhibiting greater mortality in the dredged material than in the reference material

As discussed above, project dredged material would not cause significant mortality (statistically different project sediment-exposed mortality exceeding mortality in the reference sediment exposures by 10% for mysid shrimp or 20% for amphipods) and meets the solid phase toxicity criteria of Sections 227.6 and 227.27.

Number and magnitude of contaminants for which bioaccumulation from the dredged material is statistically greater than bioaccumulation from the reference material and number and phylogenetic diversity of species in which bioaccumulation from the dredged material is statistically greater than bioaccumulation from the reference material

The magnitudes by which compounds bioaccumulated to levels greater than reference are shown in Table 2.

Red Hook Flats Anchorage FNP (Reach 1) - 14

Table 2. Magnitude of Bioaccumulation of Contaminants in Organisms Exposed to Project Sediments vs. Reference Sediments

Acenaphthene 3.1 8.0 Acenapthylene 8.5 3.5 Anthracene 9.5 6.1 Fluorene 2.3 3.0 Naphthalene 2.0 Phenanthrene 3.2 4.0 Benzo(a)anthracene** 22.6 13.7 Benzo(a)pyrene** 14.5 11.4 Benzo(g,h,i)perylene 9.8 3.3 Benzo(b)fluoranthene** 12.4 8.7 Benzo(k)fluoranthene** 11.8 10.1 Chrysene** 17.8 20.6 Dibenzo(a,h)anthracene** 7.7 1.6 Fluoranthene 13.4 26.4 Indeno(1,2,3-cd)pyrene** 9.4 2.8 Pyrene 18.2 51.9

PESTICIDES

Dieldrin 2.1 a-Chlordane 2.4 Endosulfan sulfate 3.6

2,4-DDT 2.8

4,4-DDD 3.3

2,4-DDD 5.7 1.6

4,4-DDE 3.6 7.2

TOTAL PCBs 1.6 2.3 1,4-Dichlorobenzene 1.2

METALS

Lead 3.2

DIOXINS

2,3,7,8,-TCDD 1.1

1,2,3,7,8-PeCDD 1.2 1,2,3,4,7,8-HxCDD 1.3 1,2,3,6,7,8-HxCDD 1.3 1,2,3,7,8,9-HxCDD 1.3 1,2,3,4,6,7,8-HpCDD 2.0

OCDD 5.4

2,3,7,8-TCDF 1.6

1,2,3,7,8-PeCDF 1.4 2,3,4,7,8-PeCDF 1.4

OCDF 1.4

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All PAHs, except pyrene, accumulated to less than thirty times reference; pyrene accumulated less than sixty times. For all remaining contaminants, accumulation was less than ten times when compared to reference.

Exceeding reference concentrations is common when reference concentrations are very low or “non-detect.” Because the HARS reference sediment is greater than 90% sand and has only trace levels of contamination, reference-exposed organisms tend to exhibit very low or undetectable levels of bioaccumulation.

Toxicological importance of the contaminants whose bioaccumulation from the dredged material exceeds that from the reference material, including their propensity to biomagnify within aquatic food webs

Although some of the contaminants that bioaccumulated to levels greater than reference in organisms exposed to the project sediment can be toxicologically important, they did not accumulate to toxicologically important concentrations. Levels of these contaminants were all below the acceptable human health risk range and acceptable aquatic effects range using conservative approaches and analyses as described above to evaluate those test results, including through their potential transfer through the food web.

Magnitude by which contaminants whose bioaccumulation from the dredged material exceeds that from the reference material also exceed the concentrations found in comparable species living in the vicinity of the proposed site.

Organisms collected from a broad area of the sea floor in the vicinity of (but not inside) the HARS have been collected and analyzed for tissue concentration for bioaccumulative contaminants of concern (Charles and Muramoto 1990; USACE 1994; EPA 1996f; EPA 1997b). These data provide a measure of the tissue residues for organisms living outside the HARS. Table 4, Columns 16 and 17 summarize the most recent background data.

The magnitude by which compounds that bioaccumulated to levels greater than background levels (where background values exist) are reported in Table 3. All other compounds accumulated in test organisms to steady state levels below background.

Table 3. Magnitude of Bioaccumulation above Background in Organisms Exposed to Project Sediments

Acenaphthene 1.6 Chrysene** 1.1

PESTICIDES

Dieldrin 3.3

METALS

DIOXINS

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All contaminants accumulated to less than four times background.

When bioaccumulation in organisms exposed to project sediments is not greater than tissue concentrations in organisms from the vicinity of the remediation site (the background levels), this indicates that placement of the material would not result in bioaccumulation above existing ambient levels in the general area and thus does not have a potential to cause undesirable effects.

However, bioaccumulation in organisms exposed to project sediments greater than these levels is not necessarily predictive of adverse effects. It may, for example, reflect extremely low background levels.

Although some of the contaminants that bioaccumulated to levels greater than background in organisms exposed to the project sediment can be toxicologically important, they did not accumulate to toxicologically important concentrations. Levels of these contaminants were all below the acceptable human health risk range and acceptable aquatic effects range using conservative approaches and analyses as described above to evaluate those test results, including through their potential transfer through the food web.

VI. OVERALL CONCLUSION ON THE PROPOSED PROJECT

The evaluation of the testing results performed above indicates that the material does not have a potential to cause undesirable effects to aquatic marine biota due to chronic adverse effects including such effects due to mutagenic, carcinogenic, or teratogenic contaminants, or to human health due to cancer or non-cancer effects from the individual contaminants. Evaluation of the solid phase bioaccumulation test results for the dredged material as a whole would not indicate a different outcome than that shown by the individual test results themselves; i.e., that the material does not have the potential to cause undesirable effects due to bioaccumulation.

Based upon this review of the results of testing of the sediments proposed for dredging and ocean placement from Red Hook Flats Anchorage FNP - Reach 1, the material meets the criteria for acceptability for ocean placement as described in Sections 227.6, and 227.27 of the Regulations, is Category I under EPA Region 2/CENAN guidance and is suitable for placement at the HARS under Section 228.15(d)(6) as Remediation Material.

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Table 4. Bioaccumulation and Comparison Data for Red Hook Flats Anchorage FNP – Reach 1

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FOOTNOTES FOR TABLE 4:

**: Carcinogenic PAHs.

#: Levels represent the conservative level of protection for the sum of the related compounds and their metabolites.

na: Not Available

1. An “*” in this column indicates that the analyte concentration in the test sediment-exposed organisms are statistically greater than in those exposed to reference sediment. Means and statistical comparisons were determined using ½ the detection limit to estimate concentrations of analytes that were below the detection limit.

2. Conversion factors from 28-day bioaccumulation results to steady state (see discussion in Appendix)

3. Toxic equivalencies (TEFs) for the carcinogenic PAHs are from EPA (1993); Dioxin TEFs are from: EPA (1989).

4. This value represents the 10-4 cancer risk level for the carcinogenic PAHs. The total concentration of carcinogenic

PAHs is expressed in BaP equivalents (see discussion in the text of the memo).

5. Cancer risk factor or reference dose are not assigned by EPA in IRIS (EPA 1995).

6. FDA limits are from EPA/USACE (1991).

7. This value represents the benthic level expected to result in a no-effect level for possible mutagenic and teratogenic effects in fish from exposure to BaP, which is the most toxic PAH.

8. This value represents the non-specific narcosis effects level (see discussion in Appendix). This value is compared to the sum of all PAHs measured.

9. Calculations are included in Appendix.

10. Means of five tissue replicates calculated using 1/2 detection limits to estimate concentrations of analytes that were not detected; “U” indicates that all five replicates were not detected.

11. Levels are based on the Regional Dioxin Values (EPA 1997a).

12. Level is the sum of TEQs of all dioxin congeners other than 2,3,7,8-TCDD.

13. For this PAH, the no-effect level for possible mutagenic and teratogenic effects in fish is estimated from exposure to BaP, which is the most toxic PAH.

14. Cancer and non-cancer protection levels, based on inorganic arsenic as contained in EPA’s IRIS database, are not appropriate for evaluating the potential human health impacts of arsenic bioaccumulation from dredged material, and therefore, are not included in Table 4 (see discussion in Appendix).

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VII. REFERENCES

Brown, B., and J. Neff. 1993. Bioavailability of Sediment-Bound Contaminants to Marine Organisms.

Report #PNL-8761 UC-000 by Battelle/Marine Sciences Laboratory prepared for the National Ocean Pollution Program Office, NOAA.

CENAN. 2021. Sampling/Testing Plan for the Red Hook Flats Anchorage FNP dated May 18, 2021.

CENAN. 2022. Letter from Gerlyn Perlas, CENAN, to Mark Reiss, EPA-CWD-CWRB-DSOS requesting review of project data for Red Hook Flats Anchorage FNP dated November 3, 2022.

Charles, JB and J. Muramoto. 1990. Assessment of Contaminants in Sediment and Biota at the Mud Dump Site, New York Bight. Report No. SAIC-91/7608&256 by Science Applications International Corp. (SAIC) for EPA - Region 2.

EPA. 1989. Interim Procedures for Estimating Risks Associated with Mixtures of Chlorinated Dibenzo-p- Dioxins and -Dibenzofurans (CDDs and CDFs) and 1989 Update. U.S. Environmental Protection Agency, Risk Assessment Forum, Washington, DC. EPA/625/3-89/016.

EPA. 1993. Provisional Guidance for Qualitative Risk Assessment of Polycyclic Aromatic Hydrocarbons.

EPA/600/R-93/089.

EPA. 1994. Final clarification of suspended particulate phase bioaccumulation testing requirements for material dumped in ocean waters. Federal Register Vol. 59: 52650. October 18, 1994.

EPA. 1995. On-Line. Integrated Risk Information System (IRIS). Cincinnati, OH: Office of Research and Development, Environmental Criteria and Assessment Office.

EPA. 1996a. Ocean dumping testing requirements; final rule. Federal Register, Vol. 61, No. 190, 51196.

September 30, 1996.

EPA. 1996f. Battelle Body Burden Study. Report prepared by Battelle Ocean Sciences, Duxbury, MA, for EPA - Region II.

EPA. 1997a. Memo to File from A. Lechich. Subject: Summary of Dioxin Risk Evaluation Approach.

March 15, 1997.

EPA. 1997b. Contaminants in Polychaetas from the Mud Dump Site and Environs. March 4, 1997. Report prepared by Battelle Ocean Sciences, Duxbury, MA, for EPA - Region II.

EPA. 1997c. Supplemental to the Environmental Impact Statement on the New York Dredged Material Disposal Site Designation for the Designation of the Historic Area Remediation Site (HARS) in the New York Bight Apex. U.S. Environmental Protection, Region 2, New York, May 1997.

EPA/CENAN. 2016. Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal.

New York District Corps of Engineers, U.S. Environmental Protection Agency -Region 2.

EPA/CENAN. 2019. Non-Testing Related Regulatory Issues: Subparts B, C, D, and E of 40 CFR Section 227 for the placement of Remediation Material at the Historic Area Remediation Site. Dated 8/8/2019.

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EPA/USACE. 1991. Evaluation of Dredged Material Proposed for Ocean Disposal - Testing Manual.

(Green Book). EPA - 503/8-91/001.

Hall, A.T. and J.T. Oris. 1991. Anthracene reduces reproductive potential and is maternally transferred during long-term exposure in fathead minnows. Aquatic Toxicol. 19:249-264.

Hannah, JB, J.E. Hose, M.L. Landolt, B.S. Miller, S.P. Felton, and W.T. Iwaoka. 1982. Benzo(a)pyrene-induced morphologic and developmental abnormalities in rainbow trout. Arch. Environ. Contam. Toxicol.

11,167-171.

McCarty, L.S. 1991. Toxicant body residues: implications for aquatic bioassays with some organic chemicals. In: Aquatic Toxicology and Risk Assessment: Fourteenth Volume, ASTM STP 1124; M.A.

Mayes and M.G. Barron, Eds., American Society for Testing and Materials, Philadelphia; pp. 183-192.

McElroy, A.E., J.M. Cahill, J.D. Sisson, and K.M.Kleinow. 1991. Relative bioavailability and DNA adduct formation of Benzo[a]pyrene and metabolites in the diet of the winter flounder. J. Comp. Biochem.

Physiol. 100C:1-2,29-33.

Squibb, K.S., J.M. O’Connor, and Kneip, T.J. 1991. Toxics Characterization Report, Module 3.1. Report prepared by Institute of Environmental Medicine, NY Univ. Medical Center for the NY/NJ Harbor Estuary Program.

USACE. 1981. Final Interpretive Guidance for Bioaccumulation of Petroleum Hydrocarbon, DDT, Cadmium, and Mercury in the New York Bight. Memorandum from North Atlantic Division Corps of Engineers to G.R. Tobertson, Deputy Director of Civil Works, Dept. of Army.

USACE. 1994. Bioaccumulation Guidance Values for Selected Contaminants in Sediments and Biota of the Sandy Hook Reference Site for the New York Bight Apex Mud Dump Site. (draft) Report by Corps of Engineers Waterways Experiment Station (WES) for the New York District Corps.

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Appendix

I. CORRECTION OF 28-DAY BIOACCUMULATION RESULTS TO ACCOUNT

FOR STEADY STATE (Column 8-10)

Bioaccumulation tests were conducted using 28-day exposure of appropriate sensitive benthic marine organisms to sediment. Following placement of the material at the HARS, exposures to any contaminants would continue beyond 28 days, therefore, assessment of risks associated with accumulations must consider the extent to which the 28-day measured tissue concentration approximate the ‘steady state’ concentration of each contaminant that could occur in organisms at the HARS after extended exposure. Therefore, comparisons to guidance values or criteria for given contaminants that reflect ‘steady state’ conditions (as opposed to comparisons to other 28-day tissue concentrations such as comparison to reference) may require that a correction factor be applied to the 28-day concentration to account for incomplete attainment of steady state accumulation.

Steady state may be defined operationally as the lack of any significant difference (ANOVA, alpha = 0.05) among tissue residues taken at three consecutive sampling intervals (Lee, et al.

1989). The 28-day test exposure period was selected as appropriate because most chemicals of concern will reach at least 80% of steady state in benthic marine organisms within that time frame (Boese and Lee 1992). For the few chemicals that may not meet steady state tissue concentrations in 28 days, a factor is used to adjust the data to steady state.

Steady state considerations for specific contaminants (or contaminant classes) and the derivation of correction factors (listed in Column 8) to account for incomplete uptake are discussed in the remainder of this section. Steady state-adjusted concentrations for clams and worms are presented in Columns 9 and 10, respectively.

A. Metals In general, metals bioaccumulate more rapidly than organics and 28-day tests are sufficient to evaluate potential effects (see EPA/USACE 1991), for example, arsenic (Naqvi, et al. 1990;

Riedel, et al. 1987; Oladimeji, et al. 1984).

Cadmium and mercury are not regulated in marine organisms as are essential metals, and, thus, no adjustment for steady state is applicable. Bioaccumulation of these metals is affected by many complex factors, and is essentially linear (Dethlefsen 1978; Giesy, et al. 1980; V-Balogh and Salanka 1984). Therefore, there are no adjustments that can be made to reproduce steady state.

The Regional Matrix Values for cadmium and mercury, therefore, do not represent steady state conditions and so 28-day test results are used to compare to the Regional Matrix Values.

B. Organic Contaminants

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a. Pesticides and 1,4-Dichlorobenzene Uptake of non-polar organic contaminants from food is highly dependent on their hydrophobicity, a property measured by the octanol/water partition coefficient, Kow. The higher the value of Kow, the longer it takes to reach steady state in benthic marine organisms.

Organochlorine compounds that have log Kow > 6 (i.e., aldrin, dieldrin, heptachlor, trans nonachlor, and alpha-chlordane), may not attain steady-state within 28 days of exposure to sediment.

Information contained in Boese and Lee (1992) indicates that aldrin, dieldrin, and a-chlordane achieve at least 50% of steady-state in 28-day bioaccumulation tests. Heptachlor and trans nonachlor, were not addressed in Boese and Lee (1992). However, the fraction of steady state achieved for these compounds after 28-days was estimated using the equations contained in McFarland (1995). Results of such calculations indicate heptachlor and trans nonachlor reach approximately 50% of steady state after 28 days.