Frequently Asked Questions

Select Question:
1. What is the Lower Passaic River Project? 2. What agencies are involved in the Project? What are their roles? 3. What happens during a study phase? How long will it take? 4. How is the study being funded? 5. How will the remediation and restoration activities that come after the study be funded? 6. Does EPA have the authority to expand a Superfund study from a land-based site to such a long stretch of the r ... 7. Isn't the Corps already studying the larger Hudson-Raritan Estuary system that includes the Passaic River? 8. How will Natural Resource Damage Assessment be considered in this project? 9. Shouldn't this be a public works project under the Corps? 10. Couldn't the sediments just be left - with fishing bans in place? Wouldn't the contaminated sediments be buri ... 11. Is there a way to stop sediment contamination from recontaminating the Port Newark/Elizabeth without a full ri ... 12. Will dredging the river spread the contamination around more and damage the existing river ecosystem? What wil ... 13. How is the Lower Passaic River Restoration Project related to the Passaic River Restoration Initiative? 14. Where can the public find out more information about this study? How can the public become involved? 15. What will the river look like in the future, after this project is done?

1 :	What is the Lower Passaic River Project?
	The Lower Passaic River is a 17-mile tidal stretch from the Dundee Dam to the river mouth at Newark Bay. The river has a long history of industrialization, which has resulted in degraded water quality, sediment contamination, loss of wetlands, and abandoned or underutilized properties along the shore. The goal of the project is to develop a plan to improve water quality, remediate the sediments and restore the ecological health of the Lower Passaic River.

2 :	What agencies are involved in the Project? What are their roles?
	The U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (the Corps), New Jersey Department of Transportation (NJDOT), and New Jersey Department of Environmental Protection (NJDEP) have formed a partnership to carry out the project. The partner agencies will bring the authorities of the Water Resources Development Act, the Superfund program, the Clean Water Act, and other laws to identify opportunities to improve water quality, remediate contaminated sediments, and restore the ecological health of the river. EPA, the Corps, NJDOT, and NJDEP are also coordinating closely with the National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service and NJDEP (in its trustee capacity), who are the respective Federal and State natural resource trustees, as discussed in answer #8.

3 :	What happens during a study phase? How long will it take?
	This is a multi-year study that will take a comprehensive view of the Lower Passaic River and tributaries to identify sources and determine the extent of contamination in the watershed, characterize the degree of human health and ecological risks, and assess the condition of ecological resources. The study will enable the partner agencies to determine the best set of alternatives to remediate and restore the river, with input from the public at all phases of development.

4 :	How is the study being funded?
	EPA is using funds from the federal Superfund program and is pursuing those parties responsible for the contamination (referred to as potentially responsible parties) to pay for some of the study costs. The Water Resources Development Act of 1986 requires that the Corps cost-share equally all of its feasibility study with a non-Federal sponsor, which the NJDOT has agreed to do. Congress provides the Corps with its share of funds on an annual basis in the Energy and Water Appropriations Act. NJDOT is funding its share from the NY/NJ Joint Dredging Plan Fund and the Transportation Trust Fund.

5 :	How will the remediation and restoration activities that come after the study be funded?
	Once the partner agencies determine, with public input, the best remediation and restoration alternatives, they will seek the best authorities to construct those alternatives. The agencies expect that the remediation activities will be pursuant to the authority of the Superfund program, which includes a polluter-pays principle. The Corps will seek project authority in a Water Resources Development Act for its restoration projects, which would be funded from annual Energy and Water Appropriation Acts.

6 :	Does EPA have the authority to expand a Superfund study from a land-based site to such a long stretch of the river? And if so, why wasn't the entire stretch included initially?
	EPA has the authority to investigate the areal extent of the contamination from a Superfund site. The Superfund work started with an investigation that resulted in the remediation of dioxin-contaminated soils on the Diamond Alkali manufacturing facility in Newark, next to the Passaic River. Dioxin, pesticides and other hazardous substances were found in sediment samples taken from the Passaic River. The data indicated that the contamination was predominantly within the lower six miles of the river, as measured from Newark Bay. Therefore, EPA focused its investigation on that six-mile stretch of the river. Based on the results of the investigation, EPA concluded that contaminated sediments and other potential sources of hazardous substances exist along the entire 17-mile tidal stretch of the Lower Passaic River. Therefore, the study area has been further expanded to include the extent of contamination.

7 :	Isn't the Corps already studying the larger Hudson-Raritan Estuary system that includes the Passaic River?
	The Lower Passaic River Restoration Project was initially part of the overall effort to restore the Hudson-Raritan Estuary. Due to the magnitude of the potential restoration effort and the issues surrounding the Superfund site, the Corps determined that it would be best to break the Lower Passaic River out of the larger study and seek a partnership with NJDOT and EPA. Although the Lower Passaic River Restoration Project is proceeding independent of the overall Hudson-Raritan Estuary study, it is still an integral part of the overall ecological system and will share any information and recommendations with the Hudson-Raritan Estuary study.

8 :	How will Natural Resource Damage Assessment be considered in this project?
	The natural resource trustee agencies for the Lower Passaic River are the National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service, and NJDEP (note that NJDEP has both site remediation and trustee functions). EPA, the Corps and NJDOT are coordinating with the Trustees, because there will be areas of overlap in the data and information required by this study and the Natural Resource Damage Assessment. Therefore, the study will benefit from close cooperation of all of the agencies during the data gathering and assessment.

9 :	Shouldn't this be a public works project under the Corps?
	The Passaic River sediments are contaminated with dioxin, pesticides, heavy metals, and other hazardous substances. Because these contaminants pose risks to human and ecological health, EPA has the authority to proceed with response activities. Due to the high levels of contaminants, the Corps does not have the authority to proceed, except in close partnership with EPA. This partnership, along with the NJDOT, brings a number of different authorities together to take full advantage of the combined benefit of using each agency's expertise. The combined process will also allow the government to recover some of the costs of the study from those parties potentially responsible for the contamination.

10 :	Couldn't the sediments just be left - with fishing bans in place? Wouldn't the contaminated sediments be buried naturally over time?
	Information collected by the State of New Jersey and others documents the fact that despite the fishing bans that have been in place since the 1980s and the presence of warning signs, anglers are still fishing on the Lower Passaic River and eating the contaminated fish. Because the river is tidal, the water, the sediment, and, most significantly, most species of fish and invertebrates (i.e., blue clawed crabs) travel throughout and outside of the Passaic River. It is unclear at this time whether 'natural attenuation' (i.e., letting the contaminated sediments be buried naturally) would be adequately protective of human health and the environment. Future storm events and other natural processes that might disturb the sediments will be considered in the study. As we obtain more data, we will evaluate alternatives from 'no action' to 'dredging' to 'capping' and combinations within different areas.

11 :	Is there a way to stop sediment contamination from recontaminating the Port Newark/Elizabeth without a full river remediation? Would hot spot removal help?
	At this point, it is too early to say whether a full river remediation or hot spot removal (i.e., removal of small areas of highly contaminated sediments) would be required. As part of the project, a full remedial investigation and feasibility study will be undertaken prior to any decision on remediating the river. Decisions will be made based on remediation goals, with input from the public.

12 :	Will dredging the river spread the contamination around more and damage the existing river ecosystem? What will be done with the sediments if they are removed?
	The study will include a pilot project that will help the agencies determine whether Passaic River sediments can be successfully dredged and whether treatment processes to decontaminate the sediments are viable. The pilot project will involve the dredging of a relatively small volume of sediment, so that data can be collected on the resuspension of contaminated sediments as a result of the dredging, while minimizing the risk of contamination to the area immediately around the pilot activities. The pilot will evaluate equipment performance and the controls necessary to carry out environmental dredging. The pilot project will also help the agencies determine whether treatment processes to decontaminate the sediments after they are removed are viable. The results of the pilot will be considered when the agencies, with public input, determine the best set of alternatives to restore the Lower Passaic River.

13 :	How is the Lower Passaic River Restoration Project related to the Passaic River Restoration Initiative?
	The Passaic River Restoration Initiative was a proposal initiated by some of the potentially responsible parties. The Lower Passaic River Restoration Project was formulated by EPA, the Corps, NJDOT, and NJDEP, and is not related to the private parties' proposal.

14 :	Where can the public find out more information about this study? How can the public become involved?
	The public can access information via the project's web site, www.ourPassaic.org. Additionally information is available on all four agencies' websites at: The Corps: www.nan.usace.army.mil EPA: www.epa.gov/region02 NJDOT: www.state.nj.us/transportation/maritime/index.html NJDEP: www.state.nj.us/dep

15 :	What will the river look like in the future, after this project is done?
	The comprehensive project plans to improve the water and sediment quality, while creating a more attractive area for the local community and habitat for the wildlife. Such projects might include restoring benthic habitat and submerged aquatic vegetation, restoring tidal wetlands, creating vegetative buffers, stabilizing the shoreline, reclaiming brownfields, and removing derelict structures. The Natural Resource Trustees (described in answer #8) will also play an integral role in identifying projects to improve the ecological health of the river.