EPA Decision On Hudson Cleanup Draws Instant Ire

New York State intends to sue the U.S. Environmental Protection Agency after it issued the Certificate of Completion for General Electric’s cleanup of PCB contamination in the Hudson River. The EPA issued the COC April 11.

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

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

EPA’s decision to issue the COC is contrary to the law, state officials said; and could make it much harder for government 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.

"EPA is failing in its mission to protect our environment,” said Department of Environmental Conservation Commissioner Basil Seggos. “EPA is obligated to direct GE to meet the cleanup goals set when the dredging remedy was selected. The federal government’s failure to protect New York’s environment and New Yorkers is unacceptable, and we are doing what we must to compel EPA and GE to finish the job and protect public health, the precious and irreplaceable Hudson River environment, and the communities that depend on a clean and healthy river."

Riverkeeper President Paul Gallay praised the state's quick decision:

EPA’s decision to issue GE a Certificate of Completion for their underachieving Upper Hudson PCB cleanup constitutes a failure of will and an abdication of responsibility. EPA acknowledged that an overwhelming amount of testing data shows that GE’s recent cleanup activities will not achieve promised goals, yet EPA failed to take the appropriate next step: order GE to get back into the Hudson and deliver the results they committed to over a decade ago. Riverkeeper applauds Governor Cuomo’s and Attorney General James’ decision to sue EPA for this inexplicable failure of will. We will enthusiastically support the state’s litigation. Finally, EPA’s announcement today promises to study whether to order GE to start a remedial investigation for the lower 150 miles of the Hudson. This investigation is long-overdue. It should begin promptly and proceed aggressively.

More than two-thirds of the 1.3 million pounds of PCBs originally dumped by GE are still in the Hudson, Rep. Sean Patrick Maloney pointed out. The contamination reaches 200 miles from Troy to the New York harbor.

The EPA has now issued GE two of the three certificates of completion needed to declare the company's task over. In December, Maloney in a coalition of New York members of Congress requested the EPA withhold its final certificate until GE adequately reduced PCB levels to preserve the environmental quality and economic development opportunities.

Congressman Maloney wasn't pleased about Thursday's issuance of the second certificate:

The EPA has failed New York. Their refusal to hold GE accountable is completely unacceptable and a dereliction of duty. Taxpayers shouldn’t be forced to pay for GE’s subpar cleanup job. GE must continue their work until the Hudson River is safe for humans, wildlife, and continued economic development along the river. Make no mistake, this fight isn’t over - I was happy to see the Governor and Attorney General have filed a law suit, and we will be exploring further recourse. Folks in the Hudson Valley have had to stand by while powerful interests abused our precious river for far too long. It’s time to clean up this river once and for all.

Here's a timeline for the most recent dispute between the state and the EPA:

In August 2016, DEC challenged the effectiveness of EPA's cleanup remedy for the Hudson River. In November 2016, DEC called for EPA to conduct additional sampling to ensure a legitimate cleanup of PCB contamination. In December 2016, DEC released its independent analysis challenging the EPA’s remedy to clean up PCBs and called on EPA to expand its investigation to the lower Hudson River. In June 2017, DEC Commissioner Seggos told EPA that it had failed New York by determining the dredging remedy effective. In August 2017, after EPA failed to expand their investigation, DEC conducted its own sediment sampling, and in November 2017, DEC and the Attorney General wrote separately to EPA’s then-Administrator Scott Pruitt, urging EPA to deny GE’s request to certify the cleanup of the upper Hudson River complete. In March 2018, the Attorney General wrote EPA specifying an appropriate legal alternative to issuing a Certificate of Completion, and in October 2018, DEC and the Attorney General in a joint letter, requested that EPA withhold the Certificate of Completion until it can be determined based upon appropriate data that the remedy is complete and protective of human health and the environment. In December 2018, DEC released its study of the contamination left behind by this failed cleanup project.