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OCR for page 365
PCB POLLUTION IN THE UPPER HUDSON RIVER
John E. Sanders
Barnard College, Columbia University
ABSTRACT
The upper Hudson River is one of the nation's most ex-
tensively PCB-polluted waterways. Wastewater discharge from
two General Electric Company (GE) plants, and erosion of
wood-laden, PCB-soaked deposits contributed to downriver
supply of PCBs. As a result of a 1976 settlement between
the state and GE, PCB discharges were stopped and the state
has proposed to rehabilite the upper river by dredging of
the PCB hot spots and encapsulation of the contaminated
dredged material in a secure facility. Since that time,
numerous legal and institutional obstacles--primarily
funding and permitting--have delayed rehabilitation dredging
to 1993 or 1994. The amount of PCBs entering the lower river
has dropped from about 2 tonnes per year in the late 1970s
to 1 tonne and less in the 1980s. Yet despite this drop,
since 1983 the PCB content of striped bass caught in the
Hudson estuary has averaged about 4 ppm. Although this
amount is less than the pre-1984 Food and Drug Administra-
tion action limit of 5 ppm, it is still double the current
action limit of 2 ppm.
OVERVIEW OF THE HUDSON RIVER
The Hudson River is divided into upper river and lower river where
it is joined by the Mohawk River, south of Waterford. The combined
river doubles the flow of water and triples the quantity of suspended
sediment carried into the estuary over the Federal Dam at Green Island
compared with that at Waterford (U.S. Geological Survey [USGS], 19779.
The upstream limit of the estuary (the lower river and estuary are
nearly synonymous) is the Green Island dam at the city of Troy, at the
head of tidewater and about two miles south of the confluence of the
Mohawk and Hudson rivers (Figure 1~.
An additional factor related to the upper river is the Hudson-
Champlain barge canal, a division of the New York State barge canal
consisting of 6 dams and 7 locks. The canal enables small boats and
barges to use the upper Hudson River between the Federal dam at Green
Island and Fort Edward, where it cuts through the landscape in a north-
east direction, away from the river, which swings west, then north.
365
OCR for page 366
366
A typical profile section across the upper Hudson River shows mar-
ginal flats underlain by silt and clay sediments up to 3 m thick and a
wide channel floor underlain by a thin (1 m or less) carpet of coarse
sand and gravel resting on deformed Ordovician bedrock (Sanders, 1982)
In the upper Hudson River, PCB-contaminated sediments attain their
highest concentrations in the reach between the cities of Hudson Falls
and Troy (Helling and Horn, 1977; Hetling et al., 1978; Tofflemire and
Quinn, 1979; Tofflemire et al., 1979; Brown and Werner, 1985; Brown et
al., 1988~. Just south of Bakers Falls, the river flows past two
General Electric (GE) capacitor-manufacturing plants, one at Hudson
Falls, which began using PCBs in 1947, and one at Fort Edward, which
began using them in 1952 (Figure 29.
Hydraulic Influences
Downriver movement of PCBs in the upper Hudson is a function of
natural sediment transport governed by water discharge (Turk, 1980;
Turk and Troutman, 1981a, 1981b; Schroeder and Barnes, 1983a, 1983b;
Barnes, 1987~. A network of gauging stations maintained by the Water
Resources Division of the USGS (Figure 2) monitors variations in
discharge and extremes associated with floods (Figure 3~. A
compilation of maximum known discharge and stage for 326 localities
within the Hudson River basin has been made by Robideau et al. (1984~.
Empirical studies of the relationship between water discharge and PCB
transport into the Hudson estuary, have shown that what might be termed
the "high-water mode" starts when the daily discharge at Waterford
exceeds about 19,800 ft /se (Schroeder and Barnes [1983b] and Barnes
t1987] use a value of 6SO3m /sec). The 100-year flood flow of the
Hudson River is 50,000 ft /see at Fort Edward; 110,000 at Waterford;
and 220,000 at Green Island (Darmer, 1987~.
PCB Transport
Starting in the Water Year 1977 (October 1, 1976 to September 30,
1977), the USGS intensified monitoring of the upper Hudson River.
Daily samples were collected to determine suspended sediment in the up-
per Hudson and Mohawk rivers (winter sampling was discontinued during
winter months as of 1980) and intermittent samples were measured for
for PCBs to show the range of variations of water discharge.
In the USGS laboratory, PCBs may be extracted from the total sam-
ple, or only after samples are passed through a 0.45-micron silver-
oxide filter. What passes through the filter is defined as '"dissolved
load"; what remains is the "suspended load." PCB analyses indicated
that two contrasting regimes operate in the river as a function of
water discharge. At high flows, PCBs are found almost entirely in the
fraction that remains on the 0.45-micron filter, and thus is attached
to the sediment (Schroeder and Barnes, 1983b). In general, the more
the water discharge, the more the suspended sediment, and thus, the
higher the concentration of PCBs (Figure 4~. But additional gauging
OCR for page 367
367
N
£
O .Z
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/ CORINT!~) ~
PALMER SPIER FALLS
~ fALLS
j DAM
~ S
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LEGEND
U.S.G.S. PCS STAT fON
-
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~ U S.G ~ GAGE W' -ER LIEl `" ~ ,,' TROY
S~
FIGURE 2
U PPE R H U DSON
R IVER BASIN
FIGURE 1 The Hudson River Basin; the dashed line marks the limit of
subbasin drainage area. SOURCE: Hetling et al., 1978.
OCR for page 368
368
N
~ HUDSON FALLS
G59
C APUTO l - ace R - E Cal
FORT EDWARD DAM(~:EDWAPD
FIGURE 2 Glen Falls - Fort
Edward area showing PCB - related
sites. SOURCE: After
Hetling et al., 1978.
J
~ ~ - ,alIc Ply
MORE AU ~ ~~ ,,
5 A 14 ~ ROGERS ISLAND !
POINTS OF INTEREST ON UPPER
HUDSON RIVER
· GE CAPACITOR fACILITIES
· AIR MONITORING STATIONS
· DREDGE SPOIL DISPOSAL SITES
o LANDFILLS OR OUMPS
_._ ~
By
I I fORT MILLER
Al
1 3 01)U
o 17.~,
o
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UJ
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-
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4000 _
NOf! O.ecl~a' - 's 1~ Iollo - .ng
1. -1888 lo 1956 Jon R'w~ ·1 ~che'`'cwelle origin Con. dra~r~ - ea 4,500 sit ~
2. -1957 lo 1976 Computed as Hudson Hewn 81 Cr—n labor ma—n ~~k Revm A Coho !;.
eons Id - ed - Swab to Waterbed gaging clalio',
3.- 19)7 lo 1985~14`dson R'wer al Waterto~d oaring station. d~a'.`a' area 4.611 #I mi
3000 ~ 1 1 1 1 1
1090 1908 I'lO 19Z0 1930 1940
AWES
__ ~
1g50 1960 t97O 1980 1986
FIGURE 3 Water discharge of upper Hudson River (expressed as mean
daily discharge computed on an annual basis at Mechanicville (1888 to
1956) and Waterford (1957 to 198S). SOURCE: After Darmer, 1987.
OCR for page 369
369
stations between Waterford and Glen Falls demonstrated that water dis-
charge at Waterford is not a single reliable variable for estimating
the quantity of PCBs transported into the estuary. Two floods in 1977
show the possible contrasts. During the March flood, in the lower
drainage basin, much of the water entered the Hudson from the Hoosick
River, south of the most heavily contaminated area. The ratio of PCBs
to suspended sediment at Waterford for the April flood, in the upper
teas in, was seven times that of the March flood, indicating that the PCB
source was bottom scour north of Stillwater. Closer inspection shows
that it came from between Schuylerville and the Thompson Island pool
(Turk and Troutman, 1981a; Schroeder and Barnes, 1983b).
At low flows, PCBs are found in the dissolved load. However, it is
possible that PCBs are attached to colloidal particles, which are small
enough to pass through the filter (Schroeder and Barnes, 1983a). PCE
concentrations tend to increase as water discharge decreases (Turk,
1980; Turk and Troutman, 1981b; Schroeder and Barnes, 1983b; Figure
5~. Because it was first thought that PCB concentrations would in-
crease with water discharge (Figure 4, right side), this relationship
was referred to as the "low-flow anomaly." The inverse relationship
between water flow and PCB concentrations implies, however, that PCBs
are entering the water column at a constant rate (migrating out of
contaminated bottom sediments, for example) so that as the amount of
water decreases, PCB concentrations increase (same amount of PCBs mixed
with less water).
The downriver changes in PCB concentrations indicate that the low-
flow PCBs are also derived from the reach of the river between Rogers
Island (Fort Edward) and Schuylerville (Figure 6~. The low-flow PCBs
FIGURE 4 PCBs and concentration
of suspended sediment in the
Hudson River at Schuylerville,
New York, Water Years 1977 through
1982. Lines are best-fit regres-
sions for years indicated. SOURCE:
Schroeder and Barnes, 1983b.
cr 3.0
-
cs: 2 0
o
A:
z
1.( ~
0.9
0.8
0.7
0.6
Z 0.5
o
0.4
z 0.3
LL
z
0 0.2
co
Year of sample collection
~ t 977 ~ 1 980
01978 ^1981 0
0 1 979 0 1 982
_'
O ,'
- ~' v O
_^ a/:
O
0
/
/- -
0.1 5 6; 8 9;0 To To 40 50 70 100 2( ID
SUSPENDE~SEDIMENT CONCENTRATION, IN MILLIGRAMS PER LITER
OCR for page 370
370
2.4
CC
Ad 2.0
Cat
In
6 1.6
o
Cat
-
Z 1.2
-
z
o
G 0.8
z
z
o
C) 0.4
I . . ~
V
_O
O700 800 900 t ooo 1 1 Do 1 200 1 300
HUDSON Rl VER Dl SCHARGE. I N CUBI C METERS PER SECOND
Year of sample collect,or
~ 1977
0 1978
0 1 979
· 1980
~ 1981
v
00
v ~0
o
v ~ O
O ~^ O
.0
A-- -
o
.
oo of
i: :~
r ~ I I
0~750. 3.63)
o
o
o
o
.
.
O O v
V Van ~
.
. _ ~
v
v
v
.
FIGURE 5 PCB concentration and water discharge, upper Hudson River at
Schuylerville, New York, Water Years 1977 through 1982. SOURCE:
Schroeder and Barnes, 1983b.
move with the water. Although PCB concentrations during high and flows
and generally decreased after 1977, maximum concentration of total PCBs
during the high-flow events did not decrease (Schroeder and Barnes,
1983b).
The foregoing discussion of sediment transport is important to
understanding why computations of future PCB transport into the estuary
prepared by Lawler, Matusky, and Skelly Engineers (LMS, 1978, 1979) and
based on the U.S. Army Corps of Engineers (COE) HEC-6 riverbed scour
model, have been so much higher than observed values. The HEC-6 model
is predicated on a stepwise transport downriver from pool to pool.
According to the LMS model, PCBs that wash over the Green Island Dam
should come from the pool backed up behind the dam. These PCBs would
have reached the pool only after having traversed all the other pools
~ ~ ~ - ~ ~ ~ information
between Fort Edward and Green Island. For whatever reason,
from the USGS indicates that on the upper Hudson River since 1980, a
pass-through type mechanism has been dominant (NUS Corp., 1983~. The
PCB load transported into the estuary is acquired not from the Green
Island Pool but rather from north of the Thompson Island Dam.
OCR for page 371
371
8
6
4
6
I:
LL
6 o
o
y
z
— 10 _
Cal
A +
78 79 80 81
1
8 6 21
77 78 79 80 81
14
r
18 27
77 78 79 80 81
24
7
15 16
Rogers Island Schuylervi I le
77 78 79 80 81
Sti I Iwater Waterford
B
Cam
g 8
z
6
6
4
l
2 _
o
23124134
78 79 80 81
17 1l 8 6
77 78 79 80 81
Rogers Island Schuylervi I le Sti I Iwater
1
18 27 .
24
~ L
1 ? 126 1
77 78 79 80 81
11
LULL
77 78 79 80 81
LOCATION AND WATER YEAR
Waterford
FIGURE 6 Transport rates of PCBs in upper Hudson River during
nonscouring discharges, Water Years 1978 through 1981, calculated by
multiplying PCB concentration by river discharge at station indicated.
Standard-error bars at tops of rectangles; numbers of samples shown
within and at bases of rectangles. SOURCE: Schroeder and Barnes, 1983b
OCR for page 372
372
Discharge Cycles
Some investigations present evidence that the Hudson River and
estuary may be subject to cyclic variables. Mathematical analyses of
monthly mean flows of the upper Hudson River at Green Island (based on
daily readings by the USGS), suggest that several cycles may be pre-
sent. Starting with a table showing average monthly flows from October
1947 through September 1975, Texas Instruments Incorporated Ecological
Services (TI) summarized various physical factors affecting the estu-
ary, with particular attention to deriving a mathematical expression of
the varying locations of the landward edge of the saltwater wedge. One
factor recognized was changing freshwater discharge. TI found that dis-
char.ge data could be reconstructed using five major cyclic components
--105, 21, 10.5, 4.2, and 1.9 years--and that
All except the last cycle have periods which are multiples of the
value 2.1; this suggests an outside controlling influence. There
is some similarity to recurring cyles of solar activity, but the
relationship remains to be defined. (TI, 1976, p. IV-12)
In analyzing the so-called "no-action" alternative as part of the
management alternatives explored by NYS DEC for dealing with the prob-
lem of PCB-contaminated sediments in the upper Hudson, LMS (1978) fol-
lowed the TI cyclic approach. The LMS forecasts of future river dis-
charge (the critical variable in trying to predict future PCB transport
into the estuary) were made by analyzing the monthly mean flows at
Spier Falls (1178N-653E, Corinth quadrangle) for the period 1930-1977
(computed by the Hudson River-Black River Regulating District). These
values were then related to the flow of the combined Hudson-Mohawk riv-
ers at Green Island, as recorded daily by the USGS. In their projec-
tions, LMS presumed that the flows from 1957 to 1976 would be repeated
during the forecast period of 1977 to 1996.
In a summary of the hydrology of the Hudson River, Darmer commented
that
Extreme periods of precipitation, either high or low, are of con-
cern because of their effect upon the environment. The extreme
drought of the 1960's, followed by a series of wet years in the
1970's, imply that precipitation may follow some cyclic pattern
rather than being entirely random. (Darmer, 1987)
If the flow of the Hudson River is cyclic, it must be a complex func-
tion of several interacting cycles. Cycles whose effects seem to be
present include the lunar perigee-syzygy cycle of 14 months (Fergus
Wood, 1978) and the 19.8-yr Saturn-Jupiter lap cycle (Pairbridge and
Sanders, 1987), both of which seem to be reflected in the cyclic orbit
of the Sun around the center of mass of the solar system, and thus
possibly also in solar output (Landscheidt, 1987~.
OCR for page 373
373
Other Significant Environmental Factors
Remnant Deposits
Removal of the Fort Edward Dam in 1973, exposed what are called
remnant deposits, debris washed downriver from lumbering sites in the
Adirondacks that accumulated behind the dam (Malcolm Pirnie, Inc.,
1975; 1977a, 1977b; 1978c ~ . Wood is the characteristic component of
these deposits, which possess a strong affinity for PCBs. Considering
their location just downstream from the GE wastewater discharge pipes,
it is not surprising that some of the highest concentrations measured
in the upper river have come from the remnant deposits.
Heavy Metals
Sediments in the upper Hudson River contain elevated levels of Pb,
Hg, Zn, Cu. Cr. Cd, and Ni (Matusik, 1978; Malcom Pirnie, Inc. tMPI],
1975, 1978a; Tofflemire and Quinn, 1978; Tofflemire , 1984; Brown et
al., 1988~. These heavy metals likely came from the Marathon Battery
plant, the Hercules Chemical (now CIBA-Geigy) chemical plant, or other
sources in the Hudson Falls -Glens Falls area (Tofflemire and Quinn,
1978; Tofflemire, 1984~. In general, large lead discharges from the
Hercules plant occurred at the same time as PCB discharges from the GE
plants. Thus sediments containing elevated PCB levels also tend to be
high in lead. The details of the lead pollution of the upper Hudson
River are not known and have not been carefully investigated.
Measurements of heavy-metal content have been made in samples
collected near Fort Edward Dam and in the remnant deposits (Table 1~.
TABLE 1 Heavy-Metal Content of Selected Upriver Sediments
Sample Metal
Lead Cadmium Copper Mercury Arsenic Zinc
Fort Edward Dam
(brown fibrous 234 to 14 to 27 to 0.28 to 3 ~ 2 to 74 to
sludge and 3630~8) 138~8) 159~8) 1. 28~4) 22 (8) 2950
(8) black silt)
Remnant de- (ug/g) (ug/g)
pos its
Area 3A < 3 to 6 to
5600 110
Area 4 20 to < 4 to
480 12
Area 5 40 to < 4 to
1100 93
SOURCE: MPI, 1975, 1978a
OCR for page 374
374
Cesium-137 Fallout
Cesium-137 fallout from nuclear weapons tests carried out in the
atmosphere during the 1950s has been used to indicate ages of sediment
layers in core samples. A large network of cores in which cesium-137
has been used in this way has been established in the Hudson River by
investigators from Lamont-Doherty Geological Observatory of Columbia
University (Bopp, 1979; Bopp et al., 1978, 1981, 1982, 1984; Simpson et
al., 1976, 1984~.
ANTHROPOGENIC HISTORY
The large-scale PCB pollution of the upper Hudson River can be
resolved into two components:
1. introduction of PCBs into the river starting about 1950, and
until 1973, the temporary storage of most of them in the first
sediments they encountered, in the pool behind the Fort Edward
Dam; and
2. wholesale spreading throughout the entire system as a result
of two large floods in April 1974 and April 1976, after the
dam had been removed in 1973 without any acknowledgment that
the sediments stored behind the dam (now known as the remnant
deposits) might contain elevated levels of PCBs nor of any sig-
nificant consideration of the possible environmental conse-
quences of post-dam-removal floods in eroding and spreading of
these highly contaminated sediments downriver (MPI, 1975;
1977a, b; 1978b).
PCBs were introduced into the upper Hudson River via daily dis-
charges of plant cleanup water from two capacitor-manufacturing facili-
ties of the General Electric Company (GE). GE began using PCBs at Hud-
son Falls in 1947 and at Fort Edward in 1952 (Helling and Horn, 1977;
Hetling et al., 1978~. In late 1972, the U.S. Congress passed the
Water Pollution Control Act, which assigned responsibility for
regulating the discharges of industrial wastes into waterways to the
newly formed U.S. Environmental Protection Agency (EPA) via a program
of permits. In December 1972, GE applied to EPA for a permit to
discharge 30 to 47.6 pounds per day of PCBs into the upper Hudson
River. In January 1975, EPA granted GE a permit to discharge 30 pounds
per day of PCBs into the upper Hudson River and assigned monitoring of
the permit to the New York State Department of Environmental Conserva-
tion (NYS DEC).
The first public announcement of high levels of PCBs in fish from
the Hudson River came from concerned private citizens. Robert Boyle,
of the Hudson River Fishermen's Association, persuaded editors at
Sports It lustrated magazine to support a program of catching and
sampling coastal game fish for pesticide residues, mercury, and PCBs.
The results of the analyses (carried out by the WARP Laboratories,
Madison, Wisconsin) were published in October, 1970 (Boyle, 1970~.
OCR for page 375
375
In 1975, nearly five years later NYS DEC announced that fish
containing levels of PCBs well above the FDA action level of five parts
per million (ppm) were being caught in the Hudson River (Boyle, 1975~.
The entire upper river fishery and the Hudson estuary commercial
striped bass fishery were closed. An administrative proceeding was
initiated against GE that sought
cessation of PCB discharges,
penalties from GE for having polluted the river, and
rehabilitation of the upper river to mitigate the effects of
the PCB contamination.
A settlement was negotiated between NYS DEC and GE in which GE
agreed to build wastewater-treatment facilities at its two capacitor-
manufacturing plants, cease PCB discharges by July 1977, make a cash
payment of $3 million to the state to study the extent of PCB pollution
and/or carry out rehabilitation measures, and carry out $1 million
worth of environmentally oriented in-house research. For its part, NYS
DEC accepted the principle of joint culpability; agreed to put up $3
million in cash or in kind for studies and/or rehabilitation; to estab-
lish an Advisory Committee of independent experts and representatives
of several governmental agencies and the general public; and, should
comprehensive study recommend large-scale rehabilitation, to use its
best efforts to seek funds from sources "other than GE" to assist in
rehabilitating the river (e.g., the federal government) (Sofaer, 1976a,
b!
The Hudson River PCB Settlement Advisory Committee established by
the agreement assisted NYS DEC in all phases of the comprehensive
studies. Members of its remnant deposits subcommittee brought remnant
deposits to the forefront of the thinking about the river by NYS DEC
staff. Prior to this time, NYS DEC's view regarding the remnant depo-
sits was to let them be eroded from their riverbank locations in a
steep-walled, inaccessible bedrock gorge and be redeposited at Fort
Edward, where they became more accessible and thus could be removed at
least cost (MPI, 1975~. The initial version of the 1976 contractor
report that recommended strategies to be followed in the second cleanup
of Fort Edward did not mention the PCB-pollution problem (MPI, 1977b).
It even recommended disposing of the dredge spoil as usual by dumping
it without treatment on Rogers Island.
The PCB Settlement Advisory Committee rejected the contractor
recommendation and insisted on encapsulation of the proposed dredge
spoil and
construction of a haul road down the east wall of the gorge
containing the remnant deposits to give access to heavy
construction vehicles;
removal and encapsulation of the most highly contaminated
sediments in Area 3A, an area so highly polluted with PCBs
that no plants were growing;
transport of quarried stone blocks to the site for riprap to
prevent further bank erosion in the Area 3.
OCR for page 390
390
Moreau facility.
Accordingly, the only alternative other than dredging that has been
considered is the no-action alternative. Doing nothing had been re-
jected as a responsible way in which to deal with a toxic-waste prob-
lem. However, the delays in obtaining permits for constructing the
proposed containment site have allowed 10 years of no action to elapse.
Basis for Rejecting Alternatives
In its applications to Siting Boards I and II, the state of New
York sought permission only for dredging and secure encapsulation. As
noted, however, NYS DEC was directed to expand its permit application
to include various PCB stripping and/or destruction technologies. For
future reference, the Advisory Committee is evaluating the merits of
the top three alternatives listed in the Carpenter report, and the
Wright Malta process.
The basis for making a final decision on a method of treating PCB-
contaminated sediments to be dredged and placed in a secure encapsu-
lation site using Sec. 116 funds has not been determined. As with many
other projects, the decision probably will depend on financial consider-
ations.
If and when EPA re-evaluates its 1984 ROD in light of the terms of
Superfund II, it will be obliged to reexamine previous decisions under
Superfund I and to prefer destruction methods to encapsulation. EPA
has not scheduled any activities under Superfund II. EPA Region II
has raised the possibility of entering the upper Hudson River into the
SITE program under SARA. Should that happen, the final decision about
treating the contaminated sediments will be based on field trials on
the scene. So far, among the candidate processes, only the Ozonic Tech-
nology and Wright Malta (including Zurn et al.) processes are designed
to destroy PCBs while or after stripping them from contaminated sedi-
ments, and of these, only the Wright Malta process renders the heavy
metals in the residue in nonteachable form. Of the stripping-only pro-
cesses, only Resource Recovery Corporation's B.E.S.T. scheme using tri-
ethylamine deals with both PCBs and heavy metals.
Basis for Choosing a Remedial Action
The position reached by NYS DEC and the Advisory Committee is that
any rehabilitation of the upper Hudson River has to begin with dredg-
ing. No in-river process is viable. Moreover, all available PCB
recovery and/or destruction processes require that the sediment first
be removed from the river. And in conformance with U.S. law, any
sediment containing more than 50 ppm of PCBs that is removed from the
river must be placed in a secure encapsulation facility. Thus, while
both EPA and NYS DEC are moving away from so-called landfills as ways
to deal with solid wastes, the law requires that a secure encapsulation
facility be constructed, even if the site is to be used only for a work
space for stripping PCBs from the sediments and/or destroying them.
OCR for page 391
391
All of the final-treatment processes mentioned previously are avail-
able only for processing contaminated sediments that have been dredged
from the river. If that is to be done, a secure encapsulation facility
must first be constructed.
Anticipated Benefits
A significant anticipated benefit of the proposed remedial dredging
is to forestall further spread of PCBs into the lower reaches of the
Hudson Rivers The proposed hot spot dredging in the Thompson Island
pool would remove about 10 years' worth of PCB contamination at exist-
ing rates of PCB flux over the Federal dam at Green Island. However,
the main benefit of carrying out proposed hot spot dredging and secure
encapsulation (and/or final cleanup) is that it may trigger EPA to
re-examine its "interim measures" adopted in the July 1984 ROD under
Superfund I. Under Superfund II, EPA is obligated to re-examine its
previous determination about public-health effects.
EPA has named GE as a "responsible and liable party" for the PCB
pollution of the upper Hudson River. Although New York State has
"signed off" with GE with respect to obtaining further funds to deal
with the pollution, EPA has refused GE's offer to "cash out" with
respect to Superfund by paying for the recommended interim treatment of
the remnant deposits. Therefore, if NYS DEC succeeds in obtaining
permits for the requested PCB-encapsulation site, EPA may re-examine
its interim recommendation about disposition of the remnant deposits.
Under Superfund I, EPA recommended only a temporary measure: covering
the remnant deposits with 6 inches of clay. The Advisory Committee
believes that removal and treatment of these deposits are the keys to
rehabilitating the upper Hudson River. Currently, the proposed hot
spot dredging is the key to the future ultimate removal and/or PCB
destruction of the remnant deposits.
Costs
Since 1977, nearly $10 million has been spent on field work (includ-
ing coring), mapping, PCB analyses, fish monitoring, and partial rehabi-
litation of the upper Hudson River. This compares with a 1977 estimate
prepared for GE's attorneys of $15 million just to prove the extent of
PCB contamination in the sediments and as much as $250 million to clean
up all contaminated sediments by dredging.
IMPLEMENTATION/MONITORING
In the upper Hudson River, many of what might be referred to as
"remedial actions'' were taken before any toxic waste problems had been
identified, indeed, before any toxic waste legislation had been
passed. Moreover, to maintain a navigation channel to Fort Edward
terminal, PCB-contaminated sediments have been dredged repeatedly out
OCR for page 392
392
of the upper Hudson River near Fort Edward. Accordingly, records are
available to show what has been dredged both before and after the pub-
lic awareness of PCB contamination. In addition, NYS DEC's action
against GE, which led to the 1976 Settlement Agreement, forced GE to
cease PCB discharges and to take certain other steps.
Remedial Action Taken
Pursuant to the 1976 Settlement Agreement, GE took three signi-
ficant actions in connection with PCBs in the upper Hudson River:
1.
it stopped discharging PCBs into the river on July 1, 1977;
it constructed wastewater treatment facilities at its capa-
citor manufacturing plants at Fort Edward and Hudson Falls;
and
it is now using alternative compounds (alkyl pthalates) in its
capacitors.
NYS DOT Dredging
DOT dredging operations included routine channel maintenance and
two massive clean-up operations at Fort Edward as a result of surges of
remnant deposits eroded by floods in the Hudson River in 1974 and 1976.
NYS DEC Remnant Deposit Actions (1975-1978)
NYS DEC erosion control measures (I). As armor against bank scour
in Area 5 (Figure 11), 4,700 yd of stone purchased from a nearby
quarry were used to construct riprap for 1,100 feet of riverbank at a
cost of $75,000. In Area 2, the slope leading to the river along 2,800
ft of bank was graded and planted at a cost of $72,000. The 94 now
exposed but former in-river cribs were dismantled and the rocks filling
them placed along the riverbank for about 2,000 of the 3,100 ft of Area
3 shoreline and all along the shore of Area 4.
NYS DEC erosion control measures (II). The April 1976 flood
constituted a severe test of NYS DEC's erosion control measures (I).
The rock riprap of Area 4 and 5 withstood the flood waters, but the
slope grading and planting and partial rock treatment did not. After
the recommendations from the Advisory Committee, NYS DOT built a haul
road down the steep east valley wall enabling more stone to be hauled
in. To prevent further scour, a complete rock riprap was built along
the eastern shore of the river at Area 3.
Area 3A sediments encapsulated at new Moreau facility. The most
highly contaminated remnant deposits were found in Area 3A. 3As part of
the rehabilitation program recommended to NYS DEC, 14,000 yd of
debris were scraped from the barren flats in Area 3A and trucked to the
new Moreau encapsulation facility.
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393
Monitoring of Remedial Actions
All actions dealing with PCB pollution have been extensively moni-
tored. The results of the USGS water-monitoring program are shown in
Figure 12. Monitoring of fish has shown that the PCB values in fish
caught has declined from its peak in the 1970s (Figure 13~. By 1980,
values of PCBs in striped bass in the Hudson estuary fluctuated accor-
ding to river discharge. When discharge increased, PCB values in
striped bass increased, and vice versa. Other biomonitoring results
are contained in Simpson et al. (19869.
INSTITUTIONAL/MANAGEMENT CONSIDERATIONS
New York State Constitutional Mandate re: Barge Canal
The New York State Constitution, Article 15, Canals, prohibits the
State from disposing of the canal system, in effect a constitutional
mandate to maintain the barge-canal system. This article obliges indi-
vidual legislatures to appropriate funds needed to keep the canal sys-
tem operative, including maintenance dredging as required. In terms of
PCB pollution, NYS DOT has in the past removed an estimated 160,000 lbs
of PCBs in the sediments dredged (Tofflemire and Quinn, 1979~, and will
have to continue to dredge to stay ahead of the accumulating sediment.
Accordingly, the state will need to acquire one or more sites for the
upland deposition of dredge spoils that will contain large concentra-
tions of PCBs for the foreseeable future. The so-called no action
alternative, therefore, only applies to dredging unrelated to channel
maintenance.
Miscellaneous Political Considerations
No history of Hudson River PCB pollution would be complete without
some mention of several political considerations--changing governors
and NYS DEC commissioners, the relationships between New York State and
GE, the opposition to the proposed encapsulation sites by nearby
residents, Congressman Gerald B. Solomon's opposition, differences
between upstate and downstate residents, organizational problems in
state government, and the ambivalent attitudes of the citizens of Fort
Edward, who favored beneficial dredging operations while opposing those
related to rehabilitation.
CONCLUDING REMARKS
Although government action has been slowly moving toward rehabilita-
tion of the upper Hudson River, the Hudson River has continued to trans-
port PCBs into the estuary. As a result of the cessation in 1977 of GE
discharges of PCBs, of remedial action taken with respect to the rem-
nant deposits, and of less water flowing in the river, the amounts of
OCR for page 394
394
2500
2000
o 1500
. _
c
. _
J
1000
500
,
6
///
~ .
I\\' l
29
.l~ A Scouring
\ \1 Nonscouring
as
O ~ Act.
1977 19 78 1979 1980 1981 t982 19133 1984 19615 1986
i
FIGURE 12 Annual transport of PCBs in the Hudson River at Waterford.
Numbers above the bars indicate the number of days with flow above the
estimated scour threshold of 600 m /see (Barnes, 1987~.
160
140
120
100
PCB (PPM) 80
60
40
20
-
-
'1
~ ,
T. $ . POOL—
STILLWATER ~
CATSKILL --am
1977 1978 1979 1980 19Bl 1982 1983 1984
YEAR
FIGURE 13 PCBs in largemouth bass, 1977 to 1984.
OCR for page 395
395
PCBs per year has dropped from about 2 tonnes in the late 1970s to 1
tonne and less in the 1980s. PCB values in fish showed a comparable
decline until 1983. Since 1983, the PCB content of striped bass caught
in the Hudson estuary has averaged about 4 ppm, but has fluctuated with
river discharge. The 1980s values of PCBs in striped bass, are less
than the pre-1984 FDA action limit of 5 ppm but more than the current
action limit of 2 ppm.
Upstate opponents of the proposed dredging proj ect are content with
the no-action alternative. They consider that time is on their side.
Moreover, if no remedial action is taken, the possibility exists that
the PCB-contaminated sediments will wash away from their existing up-
state locations and be transported downstate.
If NYS DEC is able to carry out its proposed hot- spot dredging
project, the earliest date for beginning work is probably 1993 or
1994. This ~ s about 20 years after the high-water flows at Ohm Arty
and mid- 1970s .
cycle exists,
background of __ .~. _~. "~` And V1 "LIG ~J~V~ . `~1G ~V=~1~1
lity of doing the dredging proj ect during the low-flow decade of the
198~ has been ~c~~nnfl~r-d
hot-spot dredging
probably 1993 or
of the early
about 20 years after the high-water flows
According to the disputed concept that a 20-year flow
dredging done in the early l990s will be done against a
flows much larger than those of the 1980s. The possib;
the dredging project during the low-flow decade of the
squandered.
I consider it urgent to re-evaluate the EPA's ROD of July 1984.
NYS DEC's attempt to establish an intellectual basis for the upriver
PCB pollution situation does not include any effort to pressure EPA to
carry out the terms of SARA and re-vis it its Superfund I conclusions.
It is unlikely that NYS DEC can carry out any significant rehabilita-
tion of the upper Hudson River unless EPA reverses its previous ROD and
finds that the continuing downriver transport of PCBs constitutes a
threat to human health.
NYS DEC should develop a public-relations campaign setting forth
its arguments in favor of the proposed rehabilitation measures that
would compare favorably with the one of December 1984 that was orches-
trated by GE on the subject of "biodegradation" of PCBs. If New York
City continues to press for permission to augment its drinking water
supply by tapping into the Hudson River, the human health impacts of
PCBs in the Hudson River will be magnified many times. Only aroused
public demand for ridding the Hudson River of PCBs is likely to stim-
ulate public officials into taking significant actions.
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Representative terms from entire chapter:
upper hudson
