Gov. David Paterson”™s decision to remove state oversight from cleanup operations at the 86 federal Superfund sites in New York state has created questions and consternation from a broad spectrum of state interests. But so far, there are no details forthcoming on what the decision actually means.
Assemblyman Marc Molinaro encapsulated the concerns with a Nov. 29 letter to Paterson and DEC acting Commissioner Peter Iwanowicz questioning the decision to end participation with federal Superfund cleanups, saying he was concerned about what this meant for two federal Superfund sites in his district.
“My constituents in both residential and commercial locations have struggled for years with the effects of hazardous waste contamination of their water supplies,” Molinaro wrote. “I would like to think that whatever headway has been made to remediate the very real dangers to those constituents”™ health and well-being would be continued and even escalated to successful conclusion rather than be thwarted, or worse, eliminated at this particular time.”
There are a dozen national priority sites in the Hudson Valley and 86 in the state on the federal National Priority List for remediation, plus two more awaiting designation, including one in Rockland County. Molinaro cited two in his 103rd Assembly district; the Shenandoah Groundwater contamination site in East Fishkill, where solvents used to clean computer components have contaminated wells and the Hopewell Precision site, a sheet metal facility that contaminated well water and local air quality in a residential area in Hopewell Junction.
There are also 896 state designated superfund sites in New York; Westchester County has 26 state superfund sites, Putnam has six sites, Rockland has 17, Orange has 28, Dutchess has 30 sites, Ulster has 14 and Sullivan two sites. It is unclear what effect Paterson”™s directive will have on these sites, which cleanup advocates say will likely suffer delay and neglect because of budget and personnel cuts at DEC.
A coalition of some 60 citizens groups ranging from the Long Island Breast Cancer Action Coalition to Trout Unlimited to the League of Women Voters signed a letter sent to Paterson and Gov.-elect Andrew Cuomo expressing “serious concern” about the directive and questioning the “impact of this proposal on our environment, our economy and our health in New York.” The letter also decries the lack of information available on what sites would be affected and in what way the order would be carried out.
The letter states that the EPA is itself facing budget problems that could leave New York vulnerable if the DEC is not ensuring federal involvement, and the state is eligible to be repaid by the federal government for participation in cleanup at federal Superfund sites, but New York in recent years has simply failed to seek reimbursement. It also states that New York relies on data collected at federal Superfund sites to provide data backing its Natural Resource Damage claims, a section of Superfund law that requires polluters to pay to restore the contaminated site. The sums could be literally hundreds of millions of dollars in the Hudson River PCB Superfund site, according to the letter.
“We are not commenting, we have no comment,” said Lori Severino, a spokeswoman for the DEC. She said absent further details from the governor “we”™re operating the programs as if nothing has changed.”
She suggested calls to Paterson”™s office. The calls were not returned.
But Molinaro said that the decree stands until it is revoked and said the lack of follow up is unsettling to businesses and residents, especially in areas near the Superfund sites. He said the DEC role in tracking pollution plumes on behalf of the EPA is a long-established procedure and questioned the effects of removing the DEC from this role.
He said the state Health Department is involved through monitoring health effects near Superfund sites and asked if the department”™s role was also being affected. He said that he has gotten no answers yet, but said he expected matters to be cleared up in coming weeks.
“There is a legitimate concern because this policy announcement has left a vacuum,” Molinaro said. “And in that vacuum are now fear, rumor and gossip. My intention is to try and get a clear answer as to what the state is doing in terms of Superfund oversight.”
