February 12, 2002

The Stage 3 RAP for the Waukegan Harbor AOC has been reviewed; the criteria for its evaluation were based on the relevant portions of the 1987 Protocol to the Agreement. As defined in 4(d)(iii) and 4(a)(vii-viii), respectively, of Annex 2 of the Agreement, Stage 3 RAPs are to be submitted to the Commission for review and comment and are to contain a process for evaluating remedial measure implementation and effectiveness and a description of surveillance and monitoring processes to track the effectiveness of remedial measures and the eventual confirmation of the restoration of uses.

Does the Stage 3 RAP contain a process for evaluation of remedial measure implementation and effectiveness?

The Stage 3 RAP notes “. . . designation as an AOC was prompted by the discovery of high levels of polychlorinated biphenyls (PCBs) in harbor sediments.” Therefore, in particular, the Commission examination of the Stage 3 document focused on the confirmation of a process for evaluation of remedial measure implementation and effectiveness directed toward the restrictions on dredging activities, degradation of benthos, loss of fish and wildlife habitat, and degradation of phytoplankton and zooplankton populations beneficial use impairments. The Stage 3 states “This Stage III report is presented to provide updated information on progress..” No specific process is outlined for the evaluation of remedial measure implementation and effectiveness.

Table 2.2 entitled Use Impairment Status within the Waukegan Expanded Study Area-1998 notes restrictions on dredging activities as an impaired beneficial use. The RAP confirms that dredging of the inner portions of Waukegan North Harbor was discontinued after 1972. Further discussion of this existing use impairment on page 18 of the Stage 3 RAP notes “To further define sediment contamination and the extent of PCBs remaining in harbor sediments after the Superfund cleanup, the Illinois EPA sampled 18 locations . . .in 1996.” Total PCB concentrations ranged from 3.0 to 8.9 mg/kg with an average harbor wide concentration of 5.6 mg/kg. According to Table 3 in Appendix 6, this concentration is considered to be moderately polluted. The Stage 3 document does not provide evidence to support the removal of the restrictions on dredging activities beneficial use impairment. In fact, as previously discussed, the document notes the continued beneficial use impairment. Because of the pressing need for navigational dredging, prompt action to restore this beneficial use is required.

According to Table 2.2, the degradation of benthos, beach closings, degradation of phytoplankton and zooplankton populations, and loss of fish and wildlife habitat use impairments were also confirmed.

Does the Stage 3 RAP contain a description of surveillance and monitoring processes to track the effectiveness of remedial measures and the eventual confirmation of the restoration of uses?

The Stage 3 RAP does not contain a description of surveillance and monitoring processes to track the effectiveness of remedial measures and the eventual confirmation of the restoration of uses. These processes are necessary to confirm restoration of beneficial uses and a suitable description should be submitted to the Commission when beneficial uses are restored.

Conclusion

The Waukegan Harbor Area of Concern continues to possess beneficial use impairments and therefore maintains attributes of an Area of Concern. The Stage 3 RAP submitted to the Commission confirms that restoration of the beneficial uses remains yet to be achieved.