Toxic Contamination

The Problem

Toxic substances produced by human activities are now found in the waters, sediments, and biota of the Harbor/Bight where they persist at elevated levels and pose risks to both ecosystem and human health. Harbor Estuary Program (HEP) studies have identified at least 17 chemicals or classes of chemicals of concern including metals, dioxin, polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), chlorinated pesticides, and volatile organic compounds. Furthermore, there is evidence of adverse toxic effects on the Harbor/Bight ecosystem and biota which often have not been linked to a causative chemical or chemicals.

Compliance with pollution control requirements, including those of the Clean Water Act, has resulted in a decrease in the loading of toxic substances to the Harbor/Bight; sources remain, however, and toxic contamination is still a major problem. Historically, much of the loading came from industrial sources. Continuing sources of toxic substances include municipal and industrial discharges, combined sewer overflows (CSOs) and storm water discharges, atmospheric deposition, non-point source runoff, accidental spills, tributary inputs, and leachate from landfills and hazardous waste sites. Our understanding of the relative importance of these sources is fairly good for the metals (except mercury) and generally poor for the organic chemicals of concern. In addition, because sediments accumulate contaminants, they continue to act as a source of toxins even after past discharges cease.

Toxic substances contribute to ecosystem and human use impairments by making seafood unsafe for human consumption and by adversely affecting coastal species. Contamination also adversely impacts port operations, because of concerns about dredging and disposal of contaminated sediment.

While our knowledge about toxic substances and our capabilities to detect trace amounts of toxic chemicals are increasing each year, we still have much to learn about the nature and fate of many of these chemicals in the marine environment and their effects on the ecosystem.

The Plan

GOALS Restore and maintain a healthy and productive Harbor/Bight                                        ecosystem, with no adverse ecological effects due to toxic                                              contamination.                Ensure that fish, crustacea, and shellfish caught in the Harbor/Bight                          are safe for unrestricted human consumption.                Ensure that dredged sediments in the Harbor are safe for unrestricted                         ocean disposal.

The Approach

The Harbor Estuary Program's approach to address the toxic contamination problem is illustrated schematically in Figure 5. HEP's Plan calls for actions now to reduce continuing inputs of toxic chemicals and remediate contaminated sediments, while continuing work to understand the contamination problem. The improved understanding gained will be used to develop additional actions to reduce contamination. HEP's Plan also includes actions to minimize human health risks associated with consumption of seafood contaminated with toxic chemicals.

Program Objectives and Actions

HEP has identified 13 objectives to address toxic contamination. As summarized below, the Plan calls for several specific actions to achieve each objective. 

Objectives T-1 through T-8 are intended to reduce continuing inputs of toxic chemicals:

Objective T-1: Reduce municipal discharges of chemicals of concern.

• Implement a phased approach to control discharges of four water quality-limiting metals (mercury, copper, nickel, and lead). Phase I permit limits will be based on existing effluent quality. Phase II may include more stringent permit limits based on additional data collection and modeling. (c-r)¹
• Identify significant municipal and industrial discharges of organic chemicals of concern, and, subsequently, "Track-down and Clean-up" significant sources of the chemicals in the discharges. (c-r)

Objective T-2: Reduce industrial discharges of chemicals of concern.

• Continue compliance with controls on direct and indirect industrial discharges. (c)
• Focus pretreatment programs on significant industrial users. (c)
• Control industrial discharges of the water quality-limiting metals, and "Track-down and Clean-up" significant industrial discharges of organic chemicals, as described above for municipal discharges. (c-r)
• Promulgate effluent guidelines for various industries. (c)

Objective T-3: Minimize the discharge of toxic chemicals from CSOs, storm water discharges, and non-point sources.

Actions addressing this objective are included in the Rainfall-induced Discharges section of the Plan.

Objective T-4: Reduce air emissions of chemicals of concern.

• Implement Clean Air Act requirements addressing hazardous air pollutants, including development of emissions standards for all source categories and regulations for area or small sources of hazardous air pollutants, by 2000. (c)

Objective T-5: Remediate identified solid and hazardous waste sites.

• Develop a GIS-based integrated inventory of active and inactive solid and hazardous waste sites contributing, or potentially contributing, chemicals of concern to the Harbor/Bight. (r)
• Develop site-specific schedules to expedite closure or remediation of the most significant sites. (c-r)

Objective T-6: "Track-down and Clean-up" of other sources of chemicals of concern.

• Conduct screening for ambient levels of mercury and organic chemicals of concern in proximity to potential sources (e.g., in Harbor tributaries), using sensitive monitoring techniques. (c-r)
• Where significantly elevated levels are found, initiate procedures to track-down and eliminate the most significant sources. (c-r) 

Objective T-7: Improve chemical/oil spill response and prevention.

• Review the New York Harbor Bi-State Oil Spill Prevention Conference report, and the U.S. Coast Guard Area Contingency Plan, and incorporate the findings and recommendations, as appropriate, into the final HEP Plan. (c)

Objective T-8: Focus pollution prevention activities on chemicals of concern.

• Identify the largest emitters of chemicals of concern in the Harbor/Bight area, and give these facilities highest priority for pollution prevention actions, including those following. (c-r)
• Implement non-regulatory pollution prevention, including: 1) continuing development of multi-media pollution prevention plans under the New Jersey State Pollution Prevention Act; 2) seeking commitments for voluntary reductions in chemical releases through liaison with municipal and industrial facilities; and 3).pollution prevention measures which can be implemented by citizens. (c)
• Evaluate a facility-wide permit approach to pollution prevention in New Jersey, and, if successful, seek legislative approval to implement. (c)
• Add pollution prevention plan requirements addressing chemicals of concern to NPDES permits. (c)
• Give high priority for Resource Conservation and Recovery Act permitting and enforcement to facilities in the Harbor/Bight area that manage one or more of the chemicals of concern. (c)

Objective T-9 addresses remediation of selected contaminated sediments:

Objective T-9: Identify and remediate selected contaminated sediments.

• Take appropriate steps to remediate known areas of highly contaminated sediments, considering impacts on the Harbor/Bight as a whole. (c) Sites identified include the Diamond Alkali Superfund Site, the Hudson River PCBs Superfund Site, and the Marathon Battery Superfund Site.
• Identify additional areas of highly contaminated sediments, and assess the feasibility and need for remediation. (r)

Objective T-10 is intended to minimize human health risks associated with consumption of seafood contaminated with toxic chemicals:

Objective T-10: Establish a consistent methodology to assess risks and improve communication of fish advisories.

• Establish a consistent methodology, as appropriate, to assess human health risks from consumption of locally-caught seafood and to set fish advisories and restrictions. Prepare a report documenting New York and New Jersey methodologies. (r)
• Review available fish tissue criteria and recommend steps necessary to adopt and implement revised criteria as appropriate. (r)
• Target additional risk communication efforts to those sub-populations at greatest risk. Complete pilot projects in New York and New Jersey to develop advisory communication plans tailored to the needs of specific localities in the Harbor area, implement favored approaches Harbor-wide, and develop a regional approach to advisory communication. (c-r)

Objectives T-11 through T-13 are intended to better understand and manage the toxins contamination problem:

Objective T-11: Review and develop criteria for copper and other priority chemicals.

• Adopt site-specific water quality criteria for copper into New York and New Jersey water quality standards.(c)
• Prepare a plan to develop and adopt additional priority criteria, including adoption of water quality criteria for dissolved nickel and lead and other dissolved metals. (c-r)

Objective T-12: Assess ambient levels, loadings, and effects of chemicals.

• Develop ecosystem indicators as quantitative goals and biocriteria, and implement long-term monitoring of the indicators. (c-r)
• Conduct studies to evaluate whether and, if so, which chemicals are causing adverse ecological effects. (c-r)
• Revise the list of chemicals of concern biennially, based on new information. (c-r)
• Complete a sediment quality assessment under the Regional Environmental Monitoring and Assessment Program (R-EMAP). (c)
• Develop and conduct additional studies to assess sediment quality. (c-r)
• Complete several studies assessing fish, crustacea, and shellfish tissue quality. (c)
• Use the information from these studies to identify additional data collection needs and, as appropriate, to modify fishing advisories and restrictions. (c)
• Continue New York City's Harbor Water Quality Survey at current levels of effort. (c)
• Develop a similar long-term water quality monitoring program in New Jersey. (r)
• Conduct Principal Components Analyses on sediments for PCBs, dioxin, and PAHs. (c) 
• Incorporate new information on atmospheric loadings of contaminants to the Harbor/Bight into the Clean Air Act's "Great Waters" report to Congress. (c)
• Develop guidance on appropriate methods for analyzing chemicals in discharges at low levels of detection. Incorporate the methods for metals into NPDES permits. (c-r) 
• Assess the chemical load reductions expected with implementation of the Plan. (r)

Objective T- 13: Develop mass balances for metals and organic chemicals.

• Consistent with the phased approach to control water quality-limiting metals, conduct monitoring and modeling to support Phase II permit limits, as necessary. (c)
• Develop a system-wide toxins model for mercury and organic chemicals, including a comprehensive monitoring program, to assess the significance of current sources of the chemicals, as well as sediment flux, in causing exceedances of criteria. (c-r) 
• Develop contaminant mass balances within two years, using simpler models, including data collection focusing on loadings, to support interim management assessments of dredged sediment contamination. (c-r)

¹Throughout this Summary, letters represent the following: c = commitment; r = recommendation; c-r = action is a commitment, in part, and a recommendation, in part. [ Back to Text ]

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