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The DNR and EPA today announced a partial Record of Decision for the Fox River and Green Bay PCB cleanup.

Unfortunately, the decision was very weak:
 

1. The Plan is Incomplete --- We were supposed to get a final decision for the whole river and bay project 6 months ago, yet this announcement addresses less than 10% of the problem --- just the upstream portions of the river from Neenah to Little Rapids.   More than 90% of the PCBs in the entire river are concentrated in the final 7 miles between the DePere Dam and the mouth of the river, yet this portion of the cleanup remains undecided.

The agencies have been studying the Fox River PCBs for 30 years.  Delays are inexcusable at this point.

2. The Health Standard is Grossly Inadequate --- Toxicologist Jeffery Foran argued at last year’s public hearings that the 1 ppm cleanup target for sediment was 4 times too high and would not protect public health.  He called for a .25 ppm dredging target (equal to 250 ppb - parts per billion) which would mix with cleaner sediments to achieve the low parts per billion average PCB sediment levels necessary to protect public health and wildlife.  The agencies are averaging their higher 1 ppm sediment residues with cleaner sediments nearby and underneath, to claim they are achieving the .25 ppm level --- but a 250 parts per billion (.25 ppm) average is not protective of health.

The agencies’ decision allows PCB residues to persist at unhealthy levels for another 14-29 years after the cleanup, until the PCBs gradually become diluted or flow downstream.  This is an unacceptable, delayed response to a public health emergency.  Dr. Foran's stronger standard would allow fish advisories to be lifted almost immediately after dredging, and would greatly reduce the quantity of PCBs flowing downstream to Green Bay.  The news release falsely states that today's announcement will reduce PCBs to "levels protective of human health" and will help with "removal of all fish consumption advisories for the river and bay of Green Bay."  This is highly misleading to the news media and public.  Ironically, seven years ago the DNR proposed to clean the same Neenah hotspot down to .05 ppm (50 parts per billion), based on public health concerns, but backed away after P.H. Glatfelter refused to cooperate (even with the state providing $5 million toward the cost.)  Their new target cleanup standard is now 20 times weaker. NOTE: The better .25 ppm target is not significantly more expensive than the 1 ppm target.  In the worst and largest sediment hotspot between DePere and Green Bay, the incremental increase in cost would be only $18 million, but could mean lifting the fish advisories decades earlier --- surely worth the cost in terms of public health protection and tourism benefits.

3.  The Plan is Vague, with a Major Loophole --- Though the agencies call this a “Record of Decision,” they did not give a final answer on key questions we’ve all been waiting for.  One of the most basic questions is:  "Will they dredge the PCBs out, or cap them in place?"  The agencies refuse to commit and say instead that such details will be worked out later.  They've left themselves a huge "flexibility" loophole to use "alternative technologies" if they are “as protective” and cost the polluting corporations less.  The overall emphasis of the cleanup seems to be on reducing costs, not protecting public health.

4.  This is a Health Emergency, but the Governments Move Slowly  --- The agencies argue that it’s “normal” for river cleanups to be in stages, but experts have been saying for years that a timely Fox River cleanup requires the use of several cleanup crews working simultaneously on several sections at once.   Otherwise the cleanup will take too long, continuing to endanger public health with each year of delay.

5.  More Studies --- Once again, we're being asked to wait for the results of more studies which will be done this coming summer.   These studies should have been done last summer as part of the effort to issue the Record of Decision.   The DNR has had 5 years and $4 million dollars to prepare this decision --- further delays are unwarranted.

6.  Secrecy and Special Treatment for Industry --- The agencies told the news media today  they would seek input from the polluting corporations on the final details in the cleanup.  Yet the agencies have repeatedly denied citizen requests for public meetings to discuss the issues.  Today's announcement was shrouded in mystery, with the news media receiving last minute faxes.   We received no notices from DNR or EPA, though they knew we would be innundated with questions about the announcement.   We have been shut out by the agencies for years while DNR brags about having "daily, non-stop collaboration" with the paper companies.  Now, the DNR and EPA claim to be planning a public meeting on January 29 to explain themselves, but the meeting is in Appleton, to avoid having to answer to the people in DePere and Green Bay who are being poisoned and neglected by this decision.

7.  Bad Science --- The agencies have decided to take no action on 20 miles of river from Appleton to Little Rapids, but they claim to have chosen "monitored natural recovery" as their action there.   However, PCBs are not "natural" and they don't break down.  And the "recovery" isn't recovery; it's the dilution and flow of PCBs downstream to DePere and Green Bay.  And finally, "monitoring" isn't action.  Our government agencies should not be misleading the public with such inaccurate characterizations.

For More Information:

The agencies’ news release and partial Record of Decision are posted online at the state’s website.  Copies are also available at public libraries along the Fox River (call first to be sure.)

When we’ve studied the details, we will post more information here on Fox River Watch.

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