DEC Proposes Ozone Park Superfund Site Remedy

By Patricia Adams

The New York State Department of Environmental Conservation (NYSDEC), held a public meeting on December 9th to discuss the proposed remediation for contamination related to the Ozone Industries State Superfund Site. The site consists of eight bays beneath the abandoned elevated Long Island Railroad (LIRR) located across the street from 101-32 101st Street in Ozone Park.

New York’s State Superfund Program (SSF) is responsible for identifying sites suspected of being inactive hazardous waste disposal sites. Sites in the program are categorized as those that pose a significant threat both to public health and the environment. During the course of remediation, a proposed site will go through an investigation, evaluation, cleanup and then monitoring. NYSDEC generally attempts to identify parties responsible for site contamination and require cleanup before committing State funds.

In order to clean the Ozone Park site, the DEC says it will excavate contaminated shallow soils, construct and operate a soil vapor extraction system, and include the construction and operation of a sub-slab depressurization system (see definition below) in the disposal area. Groundwater monitoring is proposed for the contaminated groundwater plume and institutional controls would be imposed in the form of an environmental easement.

The following is an outline of the proposal by NYSDEC for cleaning up the site:

•The floors in Bays 8-15 would be removed and the contaminated shallow soils would be excavated and replaced, as much as practical, with clean backfill.

•A soil vapor extraction (SVE) system of vertical wells and a piping system would be constructed to collect vapors from the deeper soils.

•An active sub-slab depressurization (SSD) system would be constructed beneath the new floors in Bays 8 through 15 to collect subslab vapors. The sub-slab depressurization system basically consists of a fan or blower which draws air from the soil beneath a building and discharges it to the atmosphere through a series of collection and discharge pipes.

•A vapor intrusion mitigation program would be implemented to investigate and mitigate, if necessary, vapors in off-site adjacent structures.

•Monitoring of the impacted groundwater onsite and off-site would be conducted.

•Institutional controls in the form of an environmental easement would be required.

•A Site Management Plan would be developed.

•The property owner would provide a periodic certification that the institutional controls are in place.

•The operation of the components of the remedy would continue until the remedial objectives have been achieved, or until the NYSDEC determines that continued operation is technically impracticable or not feasible.

Before finalizing the remedy for the site, NYSDEC will consider public comment. The agency will also release a document known as a Record of Decision explaining why the particular remedy was selected. The document will also serve to address public comment. Following the states filing of the Record of Decision, the project will move into the design phase with cleanup action to follow.

Prior to 1998, The Ozone Industries Facility was sold in 1998 and prior to that manufactured aircraft parts including landing gear, hydraulic assemblies, aircraft steering assemblies and flight controls. The company rented several bays beneath the LIRR which were used to store spent trichloroethylene (TCE), hydraulic fluids, and scrap metal chips. It is believed that releases of solvents, oil and/or fluids may have occurred in one or more of these bays.

The Ozone Industries Site is located in a mixed commercial/industrial and residential area within a block bounded by 99th and 100th Streets to the east and west and by 101st and 103rd Avenues to the north and south. The bays on the property are owned by the City of New York and leased to various tenants for different uses.

If you would like to offer public comment you may do so until December 24. Submit your comments to: John Durnin, P. E. NYSDEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7016

Newtown Creek Considered for Superfund Status

Would Initiate Federal Cleanup of Toxic Waterway

By Conor Greene

The Environmental Protection Agency is considering the heavily polluted Newtown Creek for Superfund status, which would allow federal authorities to move forward with a long-awaited cleanup of the waterway, which runs between Brooklyn and Queens.

The EPA announced last week that officials have nominated the 3.8-mile stretch of creek, which separates Greenpoint and Maspeth and is considered the most polluted waterway in the city, for its National Priorities List. Doing so would allow the EPA to build on the extensive sampling of the creek that has already been completed.

“Newtown Creek is one of the most grossly contaminated waterways in the country,” said Acting Regional Administrator George Pavlou. “By listing the creek, EPA can focus on doing the extensive sampling needed to figure out the best way to address the contamination and see the work through.”

Designating the Newtown Creek as a Superfund site would allow the EPA to use taxpayer money to fund a cleanup, and to charge individuals responsible for causing the pollution as well as current property owners. The site’s contamination includes a 30-million gallon oil spill discovered by a Coast Guard helicopter in 1978 that has been found across 55 acres, including beneath area homes and businesses.

The spill, which is three times larger than the Exxon Valdez incident, has been lamed on the area’s industrial past, which at one time saw more than 50 industrial facilities along the banks, and on a 1950 industrial explosion. Currently, ExxonMobil and several other companies are working with the federal government on programs to remediate portions of the spill.

News that the creek is being considered for Superfund status was welcomed by two of the area’s representatives in Congress, Anthony Weiner (D-Forest Hills) and Nydia Velazquez (D-Brooklyn), who have fought for years to direct federal resources to clean the area up. In a press release, Weiner noted that the area surrounding the Newtown Creek is home to more than 446,000 residents and a number of schools, parks and hospitals.

“I am pleased to see that while the oil companies lag in their cleanup responsibilities and put the health and safety of Newtown Creek’s residents at further risk, the EPA has decided to take action and hold these companies responsible for their negligence,” said Weiner. “Newtown Creek is the single most polluted waterway in New York City, a legacy left by more than a century of heavy industrial activity.”

In the mid-1800s, the area adjacent to the creek was one of the busiest hubs of industrial activity in the city, with dozens of oil refineries, petrochemical plants, fertilizer and glue factories, sawmills and lumber and coal yards. In the early 1990s, the state determined that Newtown Creek was not meeting water quality standards under the Clean Water Act.

Since then, the EPA has worked to collect data from the entire length of the creek that has been used to determine the actual extent of the pollution. Various sediment and surface water samples taken along the creek have revealed the presence of pesticides, metals, PCBs and volatile organic compounds, which are potentially harmful contaminations that can easily evaporate into the air.

Now that the site has been nominated to the National Priorities List, a 60-day public comment period has begun. If the area is designated a Superfund site, a four-step process will be initiated to clean up the area. The site would first undergo immediate stabilization to stop any immediate threats to the community, before the EPA performs a comprehensive investigation of the site and analyzes clean up options. The EPA would then develop a plan to clean up the site, which would be carried out by the agency or by responsible parties the federal government could force to do the work.

“The contamination in and around Newtown Creek is of catastrophic proportions and Greenpoint residents have suffered the consequences for too long,” said Velazquez. “Inclusion in the EPA’s National Priorities List may help determine the best approach for cleaning up the creek. As the process continues, I look forward to examining the data as well as working with federal, state and city officials to identify a comprehensive plan to reclaim the pride of Brooklyn’s waterfront and protect New Yorkers.”

Feds Agree to Study Newtown Creek Spill

Could Lead to Superfund Designation

By Conor Greene

Two local lawmakers are one step closer to having the Newtown Creek included in the national cleanup program. The federal Environmental Protection Agency has agreed to conduct testing at several sites along the creek, which could lead to its inclusion in the Superfund program.

Representatives Anthony Weiner and Nydia Velazquez, both Democrats who represent parts of the area surrounding Newtown Creek, had called on the EPA to test the area to see if it warranted inclusion in the federal Superfund program. Doing so could lead to millions of dollars in funding for the cleanup and allow the federal government to hold the companies causing the contamination responsible.

The creek is a 3.5-mile waterway running between Greenpoint, Brooklyn and Maspeth, Queens. It is known as the city’s most heavily polluted waterway and was the site of a huge oil spill in 1950.

This week, Weiner and Velazquez’s offices released a letter from Alan Steinberg, regional administrator at the EPA, informing them that agency will work with the state Department of Environmental Conservation, which is conducting its own cleanup of the creek, to determine what chemicals are present there.

“To address your concerns regarding testing of the abovementioned properties (Phelps Dodge, BCF Oil, Quanta Resources and National Grid), and to define the nature and extent further of the hazardous substances that may be present… EPA will review existing information from ongoing and past environmental investigations,” he wrote.

Following the review of the investigations, the EPA will “develop a sampling plan” to fill in any gaps in data that may be needed to determine whether the Newtown Creek is accepted into the Superfund program. “We anticipate that this effort will take approximately six months to complete. Once the data are collected, EPA will evaluate what additional actions, if any, may be warranted in accordance with CERCLA,” wrote Steinberg. CERLA stands for the Comprehensive Environmental Response, Compensation, and Liability Act, which was the 1980 law creating the Superfund program.

Steinberg notes in the letter, dated August 15, that the state DEC “has investigated a number of sites in this area… that are potentially contributing to the contamination in Newtown Creek… As you know, a major impact on Newtown Creek is associated with oil releases that are being addressed through state enforcement and oversight of cleanup efforts conducted by private parties.”

The state cleanup effort involves an agreement reached with ExxonMobil forcing the company to clean up about 17 million gallons of oil that leaked into the ground and water when a tank exploded in 1950. The spill was discovered by the Coast Guard in 1978, and to date about half of the spill has been cleaned up.

Basil Seggos, chief investigator for Riverkeeper, said the announcement means “a restored Newtown Creek is within reach.” The EPA’s resources “will prove indispensable in protecting the creek and its surrounding communities from a legacy of toxic dumping,” he said.

Weiner called the EPA’s commitment to test the sites “a big win” for residents living near the creek. “These tests will help us find answers to basic questions about the spill’s health and environmental risks, giving this environmental disaster the national attention it deserves.”

In other news related to Newtown Creek, the Brooklyn District Attorney’s office announced recently that an Appellate Court judge has ruled that a case against a cement company accused of illegal dumping can move forward.

In 2005, Brooklyn DA Charles Hynes charged Constantine Quadrozzi and his company, Quality Concrete of Metropolitan Avenue with violating multiple provisions of the state Environmental Conservation Law and with dumping hazardous materials into the creek.

A Brooklyn Supreme Court Justice later dismissed the entire indictment after ruling that Hynes lacked the authority to prosecute cases under the Environmental Conservation Law without the involvement of the state DEC and that there was insufficient evidence to support the charges.

Following an appeal filed by Hynes’ office, the Appellate Division rejected those conclusions and reinstated all of the charges contained within the appeal, the district attorney announced on August 21.

Lawmakers Push for Federal Cleanup of Newtown Creek

Weiner and Velazquez Want Feds to Designate the City’s Most Polluted Waterway a Superfund Site

By Conor Greene

Two local lawmakers want the federal government to declare the Newtown Creek a Superfund site, which would provide millions of dollars to help cleanup the city’s most heavily polluted waterway.

The 3.5-mile creek, which runs east from the East River between Queens and Brooklyn, was polluted by as much as 30 million gallons of oil over the course of 150 years of industrial activity, which included the explosion of an oil refinery in 1950. The spill was discovered by the Coast Guard in 1978, and is thought to cover properties on as much as 70 acres in Brooklyn.

Under a remediation plan begin carried out by ExxonMobil due to a court order, about 9.4 million gallons of oil have been removed from the area so far. However, officials estimate it will take until 2026 to finish the remediation effort currently ongoing at the site.

Now, Democratic lawmakers Anthony Weiner and Nydia Velazquez, who each represent parts of Queens in congress, want the area designated as a federal Superfund site. That could make the creek eligible for federal funding to cover up to 90% of the cost – possibility as much as $15 million towards the effort, according to the representatives.

“While the oil companies lag in their cleanup responsibilities, the health and safety of Newtown Creek residents hang in the balance,” said Congressman Weiner. “Testing these four sites will help us find answers to basic questions about the spill’s health risks and give this national environmental disaster national attention.”

At a joint press conference last week, Weiner and Velazquez called on the federal Environmental Protection Agency to conduct preliminary testing at the creek. They argue that if those tests find high levels of toxic chemicals, the entire Newtown Creek could become eligible for inclusion on the national Superfund site list.

Even though the oil spill encompasses an area one-and-a- half times larger than the site of the Exxon Valdez spill, the Newtown Creek has never been tested by the EPA for consideration for inclusion in the Superfund program. At the press conference, Weiner and Velazquez released a letter to the EPA identifying four sites along the creek for federal review, including two former hazardous waste facilities, a former copper smelting plant and a former coal gasification complex.

“It’s time for the EPA to acknowledge that the people who live here already know: the contamination of Newtown Creek is nothing short of a human tragedy,” said Congresswoman Velazquez. “The EPA should use its strongest tools possible to begin remediation. The time to act is now.”

Last September, an EPA report commissioned by Weiner and Velazquez suggested that that size of the spill was likely close to 30 million gallons, not 17 million gallons as thought at the time. It also indicated that the spill could be causing toxic vapors to leak into nearby homes and business. At the current rate that ExxonMobil is cleaning up the site, it could take 25 years to clean just 70% of the contamination, the report found.

State Attorney General Andrew Cuomo sued ExxonMobil and several other companies last year, charging them with creating an “imminent and substantial endangerment to health and the environment” as a result of the slow cleanup process.

“This is one of the worst environmental disasters in the nation, larger than the Exxon Valdez [spill off Alaskan coast] and slower in cleanup,” said Cuomo last year. “The toxic footprint of ExxonMobil is found all over this area. It is ExxonMobil’s oil that remains under the homes and businesses. And it is ExxonMobil that has dragged its feet and done as little as possible to address the dangers it has created.”

That lawsuit is still pending, but Weiner and Velazquez hope that the federal government will now step in and help the creek shed its title as the city’s most polluted waterway. The call for action comes after the House of Representatives passed legislation to have the oil spill fully mapped, so the extent of the creek’s contamination can be determined. If the law is passed in the Senate, the EPA will move forward with the more comprehensive study of the creek since the spill was discovered.

The politicians specifically want the federal government to review the four sites highlighted in their letter: a 44-acre property off 56th Road in Maspeth used by Phelps Dodge; a 37-acre site in Long Island City used by Quanta Resources for waste oil reprocessing; a hazardous waste and oil processing facility at 360 Maspeth Avenue in Brooklyn used by BCF Oil until 1994 and three Brooklyn sites owned by National Grid, which is formerly known as KeySpan.

The Superfund program was created in 1980 and gives the government the authority to force responsible parties to clean contaminated sites. According to Weiner, funding for the program has dropped from $3.8 billion in 1997 to just $178 million last year. He blames the decline in funding on expired taxes on the oil and chemical industries along with an expired corporate environmental income tax.

If the federal government designates the area as a Superfund site, a four-point process would begin. First, a one-year cleanup would immediately stabilize the area to stop any immediate threats to the community. The EPA would then perform a “comprehensive investigation of the site and analyze cleanup options,” a process that takes “months to years” according to Weiner. It would take about two more years to develop a plan for the site, after which the agency would commence with the cleanup, or force a responsible party to do so. On average, the cleanup process takes 8 to 11 years.

Photo by: Steve Garza