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Wednesday, April 24, 2024

Lower 8 Mile Action

Early Cash Out Settlement Agreement Published for Public Comment [January 2018]

On January 12, 2018, a Federal Register Notice was published for a proposed cost recovery settlement agreement pursuant to CERCLA (Superfund law), between the EPA and 15 settling parties, for the lower 8.3 miles of the Passaic River (Diamond Alkali Operable Unit 2). The 15 settling parties are those that, based on information reviewed by EPA, are not associated with the release of the contaminants of concern for Operable Unit 2, as identified in the Record of Decision, into the Lower Passaic River. Pursuant to the proposed cost recovery settlement agreement, each settling party will pay $280,600 to EPA to resolve civil liability under Sections 106 and 107(a) of CERCLA related to Operable Unit 2. The proposed settlement agreement is in the Digital Library, under “All Public Documents”, “Legal Documents”. The Federal Register notice is here.

Record of Decision for the Lower 8.3 Miles of the Lower Passaic River [March 2016]

EPA has finalized its decision on a cleanup plan for the sediments of the lower 8.3 miles of the Lower Passaic River. The cleanup plan, called a Record of Decision, includes dredging approximately 3.5 million cubic yards of contaminated sediment bank to bank from Newark Bay to the Belleville/Newark border. After dredging, an engineered cap will be placed over the entire lower eight miles of the river. The cap will prevent contamination in the sediment from entering the food chain, thereby decreasing health risks to people who eat fish and crab from the lower Passaic. The dredging will prevent the cap from exacerbating flooding and will allow for current commercial navigation to continue in the 1.7 miles of the river closest to Newark Bay. Dredged sediment will be dewatered locally and transported off-site for disposal. The estimated cost of the remedy is $1.38 billion. The main text of the Record of Decision is available here. The rest of the Record of Decision, including a Responsiveness Summary containing all of EPA’s responses to public comments on the cleanup proposal is available here. The Final Plan Fact Sheet is available here. The Final Plan Fact Sheet is available in Spanish and Portuguese in the Digital Library, under Public Outreach\Fact Sheets.

Proposed Plan Public Comments [August 2014]

The public comments that EPA received are available in the Administrative Record for the Lower 8 Miles of the Lower Passaic River. Click here.

Proposed Plan for the Lower 8 Miles of the Lower Passaic River Released for Public Comment [April 2014]

This Proposed Plan (document, fact sheet) describes options for cleaning up the highly contaminated sediments of the lower 8 miles of the Lower Passaic River and identifies the preferred cleanup option. It was developed by EPA in partnership with NJDEP, USACE, NOAA and USFWS.

The Proposed Plan was developed based on information contained in a Remedial Investigation Report and Focused Feasibility Study, which are available for review under the Lower 8 Mile Action page. These and other documents are also part of the publicly-available administrative record file located in the Newark and Elizabeth Public Libraries and at the EPA Region 2 office (addresses listed in the Proposed Plan). EPA encourages the public to review these documents to gain a more comprehensive understanding of the river and the Superfund activities that have been conducted on the river.

The public comment period on the cleanup options presented in the Proposed Plan closed on August 20, 2014. EPA is considering the comments received and will address them in the Responsiveness Summary section of the Record of Decision, which will document the final cleanup decision for the lower 8 miles. A link to the comments received is provided on the Lower 8 Mile Action page.

Final Remedial Investigation Report and Focused Feasibility Study [April 2014]

The Remedial Investigation Report (RI) describes the nature and extent of contamination in the sediments of the lower 8 miles of the Lower Passaic River and the risks to human health and the environment posed by exposure to that contamination. The Focused Feasibility Study (FFS) evaluates a range options to clean up the contaminated sediments in the lower 8 miles (called remedial alternatives). The files that are part of the RI and FFS can be downloaded and reviewed by clicking on the links below:

Remedial Investigation Report (RI Report)

Focused Feasibility Study Report (FFS Report)

Appendix A (Data Evaluation Reports)

There have been some problems reported when downloading Appendix A. For convenience, links to the individual data evaluation reports are provided below.

Appendix A Individual Reports:

Appendix B (Modeling):

Appendix C (Mass Balance Modeling Analysis)

Appendix D (Risk Assessment)

Appendix E (Preliminary Remediation Goals)

Appendix F (Engineering Evaluations)

Appendix G (Dredged Material Management Assessments)

Appendix H (Cost Estimates)

The RI and FFS provide information that supports the Proposed Plan, described and available for download on the “Home” page.

The figures that are part of the Proposed Plan are attached to the text and available for download on the “Home” page. However, the text also refers to certain figures in the RI, FFS and appendices that the reader may want to review for more in-depth information. Those figures have been gathered here for convenience:

RI-FFS-Appendix Figures for Proposed Plan.

Additional fact sheets related to the FFS and Proposed Plan are posted in the Digital Library, under Public Outreach\Fact Sheets.

 

Meetings Held During the Public Comment Period [April 2014 through August 2014]

Following are meetings held during the public comment period between EPA and non-governmental stakeholders that included substantive discussions regarding the Proposed Plan and Focused Feasibility Study. These meetings are being documented in accordance with EPA’s Superfund Community Involvement Handbook (EPA 540-K-05-003) and will become part of the administrative record. Agendas and/or notes from the meetings are available in the Digital Library, under “All Public Documents”, “Passaic River Lower 8 Mile Action” folder. Passaic River Community Advisory Group materials are available under “Public Outreach\Community Advisory Group”.

EPA Public Meetings:

  • Newark Public Meeting in Newark, NJ on May 7, 2014 at 7:00 PM
  • Kearny Public Meeting in Kearny, NJ on May 21, 2014 at 6:00 PM
  • Belleville Public Meeting in Belleville, NJ on June 23, 2014 at 2:00 PM

Meetings Open to the Public Sponsored by Others:

  • Montclair State University Morning Dialogue in Montclair, NJ on June 2, 2014 at 8:00 AM
  • Ironbound Community Corporation "Restoring Our River" forum in Newark, NJ on June 10, 2014 at 6:00 PM
  • NY-NJ Harbor & Estuary Program Citizens Advisory Committee Meeting in Newark, NJ on June 12, 2014 at 2:00 PM
    (notes prepared by the HEP are available at http://www.harborestuary.org/citadvcomm.htm)
  • Passaic River Community Advisory Group Meeting in Newark, NJ on June 12, 2014 at 6:00 PM
  • New Jersey Institute of Technology Forum in Newark, NJ on July 22, 2014 at 9:00 AM (dredged material disposal) and 1:00 PM (navigation channel)

Private Meetings:

  • Meeting with private entities in Washington, DC on May 29, 2014 at 10:00 AM
  • Meeting with non-governmental entities in Washington, DC on August 4, 2014 at 4:30 PM

 

Final Lower Passaic River Commercial Navigation Analysis [July 2010]

This document presents the current status of commercial navigation use on the Lower Passaic River. The previous two drafts (March 2007 and December 2008) have been updated to reflect input provided by commercial users of the navigation channel. To review this report, please click here.

Sampling Activities to Support the Early Action Evaluation

A sampling event has been planned to gather data to support the Empirical Mass Balance Model in the FFS. Attached are the work plan documents that describe the sampling. Please click here to download the Quality Assurance Project Plan (QAPP)/Field Sampling Plan (FSP) Addendum and Sediment Trap Amendment.

Sampling has been planned in the surface sediments of River Mile 0 - 1 to fill in data gaps for the Early Action evaluation. Attached are the work plan documents that describe the sampling. Please click here to download the QAPP Modification, figure and attachment.

Sampling and lab experiments are being planned to determine Passaic River sediment erosion rates using a device named "Sedflume". Erosion rates will be used in sediment transport modeling to characterize sediment stability or the potential for sediments to move. Click here to download the QAPP Modification.

Draft Focused Feasibility Study (FFS) [June, 2007]

The Focused Feasibility Study (FFS) evaluates a range of alternatives that might be implemented to control the sediments of the lower eight miles of the Passaic River. A draft FFS is being reviewed by the Remedial Options Work Group. The files that comprise the draft FFS can be downloaded and reviewed by clicking on the links below:

Draft FFS Executive Summary
Draft FFS Executive Summary and Text
Draft FFS Figures and Tables
Draft FFS Appendix A Conceptual Site Model
Draft FFS Appendix B Sediment TBCs and PRGs
Draft FFS Appendix C Risk Assessment
Draft FFS Appendix D Empirical Mass Balance Model
Draft FFS Appendix E Engineering Memoranda
Draft FFS Appendix F Navigation Studies
Draft FFS Appendix G Cap Erosion and Flood Modeling
Draft FFS Appendix H Dredged Material Management Assessments
Draft FFS Appendix I Dredging Volume Estimates
Draft FFS Appendix J Cost Estimates

On June 27, 2007, the Remedial Options Work Group heard an overview of the draft FFS. The files that comprise the overview can be downloaded and reviewed by clicking on the links below:

Remedial Options Workgroup Presentation - Introduction.pdf
Remedial Options Workgroup Presentation - CSM and EMBM.pdf
Remedial Options Workgroup Presentation - Risk.pdf
Remedial Options Workgroup Presentation - Engineering.pdf

Note that the due date for comments from the work group recently was extended to August 16, 2007 from the date shown in the presentations.

On May 7, 2008, the Remedial Options Work Group met to hear an update on work being done to address comments on the draft FFS. The discussion focused on how the remedial alternatives would be updated (click here for the presentation).