EPA Defers 1, Takes 1 Action On Hudson River PCB Cleanup

UPDATE: New York State intends to sue the U.S. Environmental Protection Agency following the Certificate of Completion issued by the agency for General Electric's cleanup of PCB contamination in the Hudson River. Gov. Andrew M. Cuomo and Attorney General Letitia A. James announced the move Thursday after the EPA announced new actions in the lengthy clean-up project.

Late last year, the New York State Department of Environmental Conservation released a study showing the cleanup of contamination in the upper Hudson River is incomplete and not protective of public health and the environment. At that time, the State demanded that EPA not issue the Certificate of Completion, as PCB - or polychlorinated biphenyls - levels in fish are still above EPA's own acceptable risk range.

State officials said Thursday that the EPA's decision to issue the Certificate of Completion is contrary to the law and could make it much harder for EPA to require GE to implement more dredging or other remedial measures in the upper Hudson River, as needed to protect public health and the environment.

The U.S. Environmental Protection Agency wants more data before it decides whether General Electric has cleaned up the Hudson River enough. Meanwhile, the EPA is granting GE a second certificate of completion for some of its work dredging years of PBC pollution in the upper river.

The EPA's stand on the lengthy project has been attacked by state officials as well as environmental groups such as Riverkeeper. One reason advocates for the river are so angry is that the EPA said in 2017 that "hazardous substances, pollutants, or contaminants remain at the Site above levels that allow for unlimited use and unrestricted exposure."

The steps are:

1. The issuance of the five-year review, which includes EPA’s decision to defer a determination of the protectiveness of the remedy in the Upper Hudson River until more years of Hudson River fish tissue data are gathered.

2. In a separate action from the issuance of the five-year review, EPA also issued a “Certification of Completion of the Remedial Action” today to GE (General Electric Company) for activities it conducted that were components of the remedy selected for the cleanup of the Upper Hudson River. This is the second certificate in a series of three – the first was issued in 2012 and the third is not expected to be available to GE for more than five decades. Consequently, the third certificate, the “Certification of Completion of the Work” is not being contemplated and is not a part of today’s announcement.

“EPA greatly respects and honors the engagement of the many concerned individuals and organizations who are so passionate about restoring the iconic Hudson River and we look forward to continuing these important partnerships with the River’s many stakeholders,” EPA Regional Administrator Peter Lopez said in the announcement. “Many of us share a personal connection with this living resource, and value its connection to commerce, recreation, tourism, the arts and more.

This work is critically important not only for today, but for future generations,” Lopez said. “We take this effort seriously. No person or organization will be let off the hook for the contamination of this historic and valuable waterway."

SEE ALSO:

• EPA To Expand Hudson River Study
• Hudson Still High in PCBs But No More Cleanup, Says EPA