Tell EPA it's time to cut the crap in Newtown Creek

CSO Newtown Creek

The U.S. Environmental Protection Agency is making its first major decision in the Superfund cleanup of Newtown Creek since the waterbody’s designation in 2010. The plan is specifically focused on the impacts of chemicals discharged annually to the Creek via Combined Sewer Overflows (CSO). While the plan is rather complicated in the use of technical data, the conclusion is clear: EPA is recommending "No Further Action" to reduce hazardous CSO discharges. The first Superfund decision in 10 years since the listing of Newtown Creek is to take CSO pollution reduction off the table.

This conclusion is unacceptable. EPA is allowing New York City to continue the ongoing pollution of our waterway, destruction to it’s ecosystems, and ongoing dangers posed to those that live or work near the Creek or seek to utilize the waterway for recreational and/or educational purposes.

It’s time to take our waters back. Tell EPA that further CSO capture should be a part of the final remedy to remediate and protect Newtown Creek.

Instructions:

Read the sample letter (below) and add your own thoughts on why this is important to you. Personalized messages have a greater impact!

Recipients

Mark Schmidt, Regional Project Manager, EPA

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Message

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Dear [Decision Maker],

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I oppose the Environmental Protection Agency's (EPA) Proposed Plan to take "No Further Action" to reduce Combined Sewage Overflow into Newtown Creek. I am concerned that the Proposed Plan would take off the table any further reduction of CSO pollution sources, despite their ongoing destruction of our ecosystems and the ongoing dangers CSOs pose to those that live or work near the Creek or seek to utilize the waterway for recreational and/or educational purposes.

1. It is too early to take CSO reduction off the table, as other pollution sources have not yet been fully evaluated.

It is illogical to compare CSOs to other pollution sources with no criteria yet established to assess their impact or how each source may be reduced, as the overall Superfund remedy for the creek has not yet been finalized. The other significant pollution sources have yet to be properly evaluated with cleanup goals in mind to reduce risks to human and ecological health. Taking this action now could undermine EPA's long-term, holistic remedy selection.

2. 61% sewage reduction would allow pollution to threaten human health and the ecology of Newtown Creek for the foreseeable future.

The 'No Further Action' remedy proposed will result in a 61% reduction from today's levels, still leaving over 460 million gallons of CSO entering Newtown Creek per year. There appears to be a direct linear correlation between CSO discharge volume and chemical loading, meaning any further reduction beyond 61% would reduce a toxic contamination pollution by a corresponding volume. Adopting the the city's proposed 61% reduction is arbitrary, and further pollution reduction options between 61% and 100% must be evaluated.

3. "No Further Action" Is an Action Requiring National Consistency Review.

It is inaccurate to label the proposed plan as "No Further Action." Instead it must be categorized as a proposed remedy and subject to National Consistency Review by the National Remedy Review Board (NRRB). The NRRB reviews all Superfund response decisions for which the proposed remedial action is in excess of $50 million. The "No Further Action" plan relies on New York City's planned $1.65 billion investment in sewage capture infrastructure and must be reviewed by NRRB before publication for comment.

4. The City's Pollution Models Include Unrealistic Assumptions That Underestimate Future CSO Discharges.

The Proposed Plan relies on assumptions with a number of shortcomings, including failure to adequately account for increasing precipitation caused by climate change, likely underestimation of redevelopment, and inflated green infrastructure implementation figures. The Proposed Plan must scrutinize these assumptions to ensure they accurately reflect predicted CSO volumes and pollutant loadings.

5. EPA Should Be Consistent with CSTAG Recommendations and Gowanus Superfund Methodology

The Contaminated Sediments Technical Advisory Group (CSTAG) recommended that EPA address the impacts of CSOs in relation to CERCLA: "CSTAG recommends that the Region work with the appropriate regulatory authorities to develop a plan to eliminate any unpermitted, piped discharges, minimize impacts from CSOs, and address groundwater discharges that may recontaminate the Creek." EPA should heed the advice of CSTAG and fully consider options to 'minimize impacts' from CSO.

In its Record of Decision for the Gowanus Canal, a nearby waterway similarly affected by heavy industrial use and ongoing CSOs, EPA required the DEP to construct two sewage capture tanks totaling 12 million gallons in volume in order to prevent future risks to benthic habitat. While Newtown Creek is a larger waterbody with different conditions from Gowanus Canal, the methodology for assessing the potential future risk of recontamination from ongoing CSO discharges should be the same or nearly the same for the two water bodies.

Thank you for your consideration of these comments.

Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]