Green Bay Press-Gazette - Final plans for Fox River cleanup are drawn, but controversy remains Page 1 of 6

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Posted June 29, 2007

Final plans for Fox River cleanup are drawn, but controversy remains

Backers, opponents at odds over safety, effectiveness of project

By Tony Walter twalter@greenbaypressgazette.com

The final cleanup plan for the lower Fox River is being portrayed by a state official as a major step in restoring a healthy riverway to the area after decades of pollution.

The $390 million project that includes dredging 3.7 million cubic yards of sediment and capping the rest is being called a procedure that makes a lot of sense by a local business leader.

But the Record of Decision Amendment issued Thursday by the U.S. Environmental Protection Agency and the Wisconsin

O b u y photo © z o o m

Scenes of cleanup site workers on a dredging barge, seen here as part of the project to remove PCB sediment from a "hot spot" below the De Pare

dam, will become more common by 2009 when additional dredging is expected to begin on much of the Fox River between the dam and Green

Bay. Jim Matthews/Press-Gazette Advertisement

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Green Bay Press-Gazette - Final plans for Fox River cleanup are drawn, but controversy remains Page 2 of 6

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Department of Natural Resources to further the process of removing PCBs from the river has done little to abate the protests from those who consider the cleanup plan a convenience for big business at the expense of public health.

"The one thing that astounds me is they say this is most protective of human health," said Curt Andersen, secretary of the Clean Water Action Council of Northeast Wisconsin. "That is the single most disgusting line of baloney I've ever heard in my life. Capping is a wash-away Band-Aid. Sand and gravel in the river moves. Any 4-year-old at the beach knows that."

Federal and state government agencies put their final stamp on the plan to dredge 2,290 acres of PCB-contaminated sediment from the river, repeating their earlier intentions to also cap 660 acres of the river bottom where PCBs won't be removed. The goal is to begin dredging by 2009.

The final record of decision moves the river cleanup process — from Little Rapids to Green Bay — to the engineering design phase that will determine when the work can begin and where the sediment will be deposited. Georgia-Pacific and NCR Corp. have been contracted to conduct the design phase that will determine how the sediment will be dredged and dewatered, and where it will be deposited. The plan needs EPA and DNR approval, however.

"It's the conclusion of a major step," said Bruce Baker, deputy administrator for the DNR. "By issuing this amendment, we will basically end the several-year discussion whether capping should or could be part of this project. There's no question in our minds that this record of decision is the best overall design for cleaning up the Fox River and the most protective of human health."

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More o n t h i s t o p i c [D Editorial: Fox River cleanup plan isn't the end, but time to get going

More i n f o r m a t i o n o n t he w e b UJ More on the Fox River cleanup

Mu l t imed ia Q Map: Where dredging, capping of Fox River PCB sediment will occur

Paul Jadin, president of the Green Bay Area Chamber of Commerce, applauded the announcement.

"We're very pleased that we have the ability to move to the next phase and that it gives us hope that the river is going to be cleaned up," said Jadin, who has been mentioned as a possible candidate for the 8th Congressional seat in the 2008 election. "The fact that they're doing a combination (capping and dredging) makes a lot of sense. They did their homework."

What's next?

Design phase: Georgia-Pacific and NCR Corp. have been contracted to do the engineering design phase, which will need DNR and EPA approval, on sediment removal, capping, dewatering and disposal. Financial settlement: The seven paper

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Green Bay Press-Gazette - Final plans for Fox River cleanup are drawn, but controversy remains Page 3 of 6

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The introduction of capping reduced the original cost estimate by almost $200 million but EPA officials said the capping option was not a sellout to the paper companies.

"This was not a remedy on the cheap at all," said Jim Hahenberg, regional project manager for the EPA's Region 5 office in Chicago. "If you look at what the experts are saying, this is a good approach. We understand the concerns about the permanence of caps, but we're beating a dead horse. We looked at that issue from all sides, from all special effects, from propeller effect, ice potential, big storm. We factored all this in and believe it will be effective on a long-term basis."

Financial liability is the subject of an ongoing mediation process that includes six Fox Valley paper companies, including Georgia-Pacific.

Mary Jo Malach, director of corporate media relations for Georgia-Pacific, said company officials were still reviewing the record of decision Thursday and wouldn't comment until today at the earliest.

The EPA and DNR issued an amended decision in November that included extensive capping, a move that reduced the overall cost of the project by almost $200 million and shortened the time span of the project by several years. But it also fueled extensive opposition from environmental groups and U.S. Rep. Steve Kagen, D-Appleton, who insisted that capping was a flawed solution.

PCBs, or polychlorinated biphenyls, are the byproducts of the carbonless paper waste produced by paper mills beginning in the 1950s. The EPA has mandated that sediment with PCB contamination over 1 part-per-million be either removed or covered.

The final plan includes a process to handle residual PCBs that are left in the river after the initial dredging. It provides a capping solution for PCB-contaminated sediment less than 10 and more than one part per million, with more dredging likely for higher concentrations.

The decision all but ruled out a capping option for the navigational

companies are meeting this summer with a mediator in an effort to negotiate financial responsibility for the cleanup.

Fox River cleanup timeline

1976 — First fish consumption advisories issued jointly by Wisconsin Department of Health and Social Services and Wisconsin Department of Natural Resources. 1976 — Congress passes Toxic Substances Control Act to outlaw manufacture, sale, and distribution of PCBs. 1989-90 — Large scale sampling conducted in Green Bay/Lower Fox River. Initial reporting of results in 1993. 1994 — U.S. Fish & Wildlife Service begins Natural Resources Damage Assessment (NRDA) program. 1995 —- More extensive sediment sampling conducted downstream of De Pere Dam in as part of the Fox River Coalition. January 1997 — Department of Natural Resources and seven paper companies sign $10 million to do demonstration projects. July 1997 — Federal, state and tribal officials sign an agreement to share resources in devising comprehensive cleanup. September 1998 — Demonstrated project begins on Lower Fox River section, completed in December, 1999. October 2001 — Department of Natural Resources and U.S. Environmental Protection Agency issue Proposed Remedial Action Plan. Jan. 21, 2002 — Public comment period on proposed plan ends. June 2002 — Fort James signs NRDA agreement, specifying numerous projects. December 2002 — Remedial action plan for section from Little Lake Butte des Morts to Little Rapids announced.

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Green Bay Press-Gazette - Final plans for Fox River cleanup are drawn, but controversy remains Page 4 of 6

channel from the Georgia-Pacific turning basin to the De Pere dam if the channel depth is not reauthorized from its current 18-foot depth to 6 feet. Capping in the channel must be at least 2 feet below the authorized depth, making it cost prohibitive at the 18-foot level.

According to the amendment, "any cap in the navigation channel must be thicker and use larger armor stone, and the top of the cap must be at least two feet below the authorized depth of the navigation channel. Those requirements were developed to ensure cap durability in areas where there will be propeller wash from larger vessels and periodic dredging."

Kagen removed a provision in the House version of the Water Regulatory Act that would have reauthorized the depth to six feet. The U.S. Senate version retained the reauthorization amendment and the issue is expected to be settled by a congressional conference committee.

Rebecca Katers, executive director of the Clean Water Action Council of Northeast Wisconsin, called the final record of decision a travesty.

"We could have had permanent removal and cleanup of the river, but instead we'll always be wondering if the caps are leaking and whether the next storm will break open the caps and re-pollute the river," Katers said. "We wanted to be proud of our community's river cleanup, but now it will be a permanent source of frustration and anger."

State Sen. Robert Cowles, R-Allouez, praised the decision.

"Today's announcement is good news for the environment and the economy of Northeastern Wisconsin," Cowles said in a statement.

June 2003 — Remedial action plan for section from Little Rapids to Green Bay announced. September 2003 — Consent decree to begin dredging on Little Lake Butte des Morts signed. March 2004 — Consent decree to begin design work for section from Little Rapids to Green Bay is signed. 2004 — Dredging of Little Lake Butte des Morts begins. March 2004 — Consent decree to begin dredging in hot spot below De Pere dam is signed. November 2006 — DNR and EPA release amended cleanup plan for Lower Fox River, with 60-day public comment period beginning.. May 2007 — Dredging below De Pere dam begins, with sediment trucked to Michigan landfill. June 28, 2007 — DNR and EPA release final cleanup plan for Lower Fox River.

Paper companies involved

Six paper companies are involved in the negotiations to determine financial responsibility for the Fox River cleanup. • Appleton, formerly known as Appleton Papers Inc. and its former owner, NCR Corp. • Glatfelter Co. (formerly Bergstrom Paper Co.) • Georgia-Pacific (formerly Fort Howard Corp. then Fort James Corp.) • Chesapeake Corp. (which sold Wisconsin Tissue Mills to Svenska Cellulosa Aktibolaget but retained the PCB liability). • Sonoco (owner of U.S. Paper Mills) • Riverside Paper Corp.

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Reader Comment Fri Jun 29, 2007 9:34 am

Whether it is capped in the river or put in a landfill, the w/orries will always be the same. We cannot undo the fact that PCBs were used, they are in our environment whether under water or in a pile of dirt. Until someone can come up with a way to destroy them without causing harm, we really do not have too many options. Maybe we should dredge them up, put them In a space capsule, and launch them toward the sun. People need to start being reasonable. We pollute this world every day, if it is not PCBs, its carbon monoxide, or garbage, or animal and human waste. Pollution is never going to stop, so we just find ways to manage it. We needed white paper, we made white paper, we needed to travel or get to work, we made cars, we needed diapers, plastic containers, aluminum cans, we figured out how to make those too. Unless we want to resort back to primitive times, we will always have pollution that Is harmful, there is nothing we can do about it. We are spending millions of dollars to make these "necessities" tolerable, so deal with it. PCBs are dangerous, but so are cars, bikes, boats, smoking, lightning, tornadoes, stairs, ladders, sharks and bears. There is the potential for harm in anything we do, but human beings have the desire to have anything and everything. I may die from PCB contamination, but my chances of dying 100 other ways is probably alot higher. If people would just spend more time enjoying their time here rather than arguing over how to minimize the risk of PCBs, they would be a lot happier. We know the risk is there, now it is up to us to manage the risk. If the PCBs bother people that much, by all means, don't use the river. No one is forcing you to. If you can't handle living with a potential hazard, move somewhere else. Lets just take care of the problem and move on to the next, I think we have spent enough time analyzing this one.

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