Re: 514 Union Street, Brownfield Site # C224318
Richard P. Mustico - Project Manager - NYSDEC
Aaron Fischer - Project Manager NYSDEC
Angela Martin - NYSDOH
Greetings:
We, the undersigned, write to voice our strongest possible opposition to the fatally flawed so-called "expedited cleanup of contamination at the 514 Union Street site ('site') located at 514 Union Street, Brooklyn, NY" proposed by the New York State Department of Environmental Conservation (NYSDEC), in consultation with the New York State Department of Health.
It is our understanding that "this Interim Remedial Measure (IRM) is likely to represent a significant part of the cleanup for the site. The expedited cleanup activities are expected to begin in February 2023 and last about three months. The activities will be performed by 473 President LLC ('applicant') with oversight provided by NYSDEC."
Documented Public Health Threat Must Be Halted Once and For All
Due to NYSDEC's on-going failure to remediate the site on a comprehensive basis, toxic chemicals have reportedly been documented under as well as in the indoor air of a structure at the above-referenced location. Tens of thousands of people who frequented that place of business over many years may have been unknowingly exposed to potential cancer-causing and neurodegenerative contaminants.
We request that this inadequate protection of public health be resolved once and for all by strictly enforcing all applicable state site clean up requirements as detailed below. We also request that the public be alerted to the potential toxic indoor air pollution exposures that might have occurred at the site.
Proposed Cleanup is Woefully Inadequate Because it Would Fail to Remediate the Site in Strict Compliance With All State Regulatory Requirements
With all due respect, we believe the proposed "expedited cleanup of contamination" is a misleading characterization because NYSDEC does not propose to require actual remediation of the site in order to fulfill a wide array of applicable regulatory requirements for massive contamination involving petroleum, chlorinated solvents, metals and other toxic pollutants.
See after signatures, highlighted excerpts from PDF pages five, six and seven also here:
Report.BCP.C224318.2021-05-07.Limited Subsurface Investigation Report .pdf
NYSDEC inexplicably proposes to allow massive amounts of toxic pollution to remain on-site where it would continue to threaten public health and the environment due to: a) reported soil gas vapor intrusion, b) groundwater pollution and c) contaminated soil.
NYSDEC must fulfill its duty to enforce strict compliance with all applicable cleanup requirements given that the site reportedly:
a) has a willing potential responsible party,
b) is documented to pose soil gas vapor intrusion hazards in a densely developed Potential Environmental Justice Area,
c) reportedly drains toward the Gowanus Canal, a National Priorities List site that is undergoing a $1.5 billion cleanup, and
d) is located in a tidal flood plain that is frequently inundated with water that could mobilize toxic pollution that is not removed from the site's subsurface environment.
Proposed IRM Cannot Safeguard Public Health or the Environment
It is our understanding that: "This IRMWP [Interim Remedial Measure Work Plan, not in the original] proposes containment and stabilization (emphasis added) of a chlorinated volatile organic compound (CVOC) groundwater plume by preventing the migration of the plume and reducing CVOC concentrations, to the extent feasible (emphasis added). Plume containment and stabilization will be achieved by in-situ application of remediation products designed to capture and enhance biodegradation of CVOCs."
"Application of PlumeStop® Liquid Activated Carbon™ (PlumeStop®), a sulfidated zero-valent iron (ZVI) electron donor (S-MicroZVI®), Bio-Dechlor INNOCULUM® Plus (BDI PLUS®), and 3-D Microemulsion (3DME®)4 via injections at varying targeted doses designed to capture and enhance biodegradation of CVOCs. The in-situ groundwater remedy will contain and stabilize the CVOC groundwater plume by preventing the migration of the plume and reducing CVOC concentrations, to the extent feasible (emphasis added);"
The proposed IRM is no substitute for a comprehensive site cleanup that safeguards public health and the environment. As implied by the above-referenced qualifiers, "to the extent feasible," the IRM proposal is doomed to failure because it can neither permanently contain nor halt the migration of a mobile groundwater plume of toxic chemicals or reduce highly persistent contaminant concentrations in order to achieve all applicable regulatory requirements.
The Proposed Cleanup Fails to Fulfill Strict State Cleanup Requirements
We request that the proposed cleanup be rejected because it fails to enforce State Environmental Remediation Program requirements codified in 6 NYCRR (New York Codes, Rules and Regulations) PART 375-2.8 (a):
"The goal of the remedial program for a specific site is to restore that site to pre-disposal conditions (emphasis added), to the extent feasible."
The proposed cleanup also fails to enforce Section 171 of the New York Navigation Law regarding uncontrolled releases of petroleum and hazardous substances:
"It is the purpose of this article to ensure a clean environment and healthy economy for the state by preventing the unregulated discharge of petroleum which may result in damage to lands, waters or natural resources of the state by authorizing the department of environmental conservation to respond quickly to such discharges and effect prompt cleanup and removal of such discharges (emphasis added), giving first priority to minimizing environmental damage, and by providing for liability for damage sustained within the state as a result of such discharges."
Soil Gas Vapor Intrusion Hazards Must Be Halted to Safeguard Public Health
Efforts to vent cancer-causing, neurodegenerative and otherwise highly toxic solvents that potentially migrate from the site's subsurface environment into an above-ground structure cannot possibly protect public health because the proposed system will not achieve 100% removal of contaminants that have no safe level of health exposure. It is imperative to remove all site contamination in order to prevent soil gas vapor intrusion at the site as well as the area around it.
Figure 3 presented below, documents high levels of soil gas vapor toxic contamination at the site as well as in indoor air. Please note that the site has neither been comprehensively investigated nor properly characterized because monitoring was obviously limited to a small portion of the site:
Work Plan.BCP.C224318.2022-07-25.SVI Mitigation IRMWP.pdf
514 Union Street's Woefully Inadequate Proposed Cleanup Reflects DEC's Lax Regulatory Enforcement Throughout the Gowanus Canal Community
NYSDEC's stunningly inadequate IRM proposal at 514 Union Street exemplifies inadequate cleanup concerns that Gowanus Canal Community residents recently brought to the attention of Governor Hochul in a coalition letter with a total of 1,145 signatories:
Coalition Letter Which Requests That Governor Hochul Comprehensively Remediate All Toxic Sites in the Gowanus Canal Community to "Pre-Disposal Conditions." We are signatories to this respectful letter and reiterate our cleanup request with regard to 514 Union Street.
DEC's Proposed Cleanup Does Not Fulfill the Goals Recently Stated by DEC's Director of Environmental Remediation
According to a 1/6/23 letter sent by Andrew Guglielmi, NYSDEC Director of Environmental Remediation, to members of the Gowanus Canal Community Advisory Group:
"The goal of New York’s Brownfield Cleanup and State Superfund programs is to ensure that contaminated properties are cleaned up, with a specific focus on protecting public health by reducing any potential for exposure to site-related contamination (emphasis added).
Remediation projects like those adjacent to the Gowanus Canal are overseen by DEC’s Division of Environmental Remediation experts to ensure a cleanup will be effective and protective of public health and the environment, and that the remedial elements will continue to function/operate as designed. These decisions are based on the most current science and data available, consistent with New York’s strict requirements (emphasis added), as well as federal and local requirements for environmental cleanups, in coordination with state, local and federal partners, including DOH [Department of Health, not in the original] and the U.S. Environmental Protection Agency (EPA)."
With all due respect, in order to achieve those stated goals in strict compliance with all applicable regulatory requirements, NYSDEC must reject its shockingly inadequate cleanup proposal for 514 Union Street and require a comprehensive remediation that fulfills all the legal requirements referenced herein.
We trust that our request is self-explanatory, but look forward to communicating in-person with the highest level of State authority in order to explain and clarify our concerns about DEC's lax enforcement of toxic cleanup requirements in the Gowanus Canal Community and across New York.
Thank you for your consideration.
Very truly yours,
Margaret Maugenest
Gowanus, Brooklyn resident since 1984,
member of Friends and Residents of Greater Gowanus
member of Gowanus Canal Community Advisory Group
Member of Voice of Gowanus
Martin Bisi
BC Studio music recording in The Old American Can Factory/Gowanus, Brooklyn since 1981
Linda LaViolette
Gowanus, Brooklyn resident
Steve Marcus
Member of the Gowanus Canal Community Advisory Group
Member of Voice of Gowanus
Katia Kelly
Officer of Friends and Residents of Greater Gowanus
member of Gowanus Canal Community Advisory Group
Member of Voice of Gowanus
Seth Hillinger
Resident and parent in Gowanus
Walter Hang
cc: Honorable Kathy Hochul
Honorable Deborah Glick
Honorable Charles Schumer
Honorable Jo Anne Simon
Honorable Andrew Gounardes
Honorable Peter Harckham
Honorable Daniel Goldman
Honorable Shahana K. Hanif
Honorable Basil Seggos
Honorable Dr. James V. McDonald
Excerpts below from Limited Subsurface Investigation Report with highlights
OBSERVATIONS AND RESULTS
The laboratory analytical reports for soil, groundwater, sub-slab vapor, indoor air, and ambient air
samples are provided as Attachment 7. The Data Usability Summary Reports (DUSR), one for
each matrix, are provided as Attachment 8.
Soil Observations
The site is underlain by historic fill generally characterized as brown and black fine-grained sand
with varying amounts of coal ash, brick, slag, silt, and gravel. Historic fill was observed below
the concrete slab to depths ranging between 5 and 14 feet bgs. Native fine-grained sand with
varying amounts of silt, clay, and gravel was observed below the historic fill layer to the boring
termination depths (16 to 21 feet bgs). Bedrock was not encountered.
Petroleum-like odor was observed between 10 and 21 feet bgs at soil boring SB03. PID readings
in this interval ranged between 20.3 and 1,400 parts per million (ppm), with the maximum reading
detected at 21 feet bgs (boring termination depth).
Soil Analytical Results
Soil sample analytical results were compared to Part 375 Unrestricted Use (UU), Restricted Use
Restricted-Residential (RURR), and Restricted Use Commercial (RUC) Soil Cleanup Objectives
(SCOs). Soil analytical results are provided in Table 2 and shown on Figure 3.
One VOC and five SVOCs were detected at concentrations above RUC SCOs. Additional VOCs,
SVOCs, metals, and one pesticide were detected at concentrations above UU and/or RURR
SCOs. Herbicides and PCBs were not detected.
Of the detected VOCs, eight petroleum-related VOCs were detected in soil sample SB03_19-21
in the south-central portion of the site at concentrations exceeding UU, RURR, and/or RUC SCOs.
One chlorinated VOC (CVOC), trichloroethene (TCE), was detected in SB04_1-3 at a concentration
above the RURR SCO and in SB04_7-9 at a concentration above the UU SCO.
Limited Subsurface Investigation Report
514 Union Street, Brooklyn, NY
NYSDEC BCP Site No. C224318
Langan Project No.: 170361303
7 May 2021
Page 6 of 7
Groundwater Observations and Analytical Results
Groundwater was encountered at about 10 feet bgs. The inferred regional groundwater flow
direction is to the west-northwest, towards the Gowanus Canal. Petroleum-like odor and a
headspace PID reading of 28.1 ppm was observed at MW03.
Groundwater sample analytical results were compared to the NYSDEC 6 NYCRR Part 703.5 and
the NYSDEC Technical and Operational Guidance Series (TOGS) 1.1.1 Ambient Water Quality
Standards and Guidance Values for Class GA Water (herein collectively referenced as “NYSDEC
SGVs”). Groundwater analytical results are provided in Table 3 and shown on Figure 4.
Multiple VOCs, SVOCs, and dissolved metals were detected at concentrations exceeding the
NYSDEC SGVs. One pesticide was detected, but at a concentration below the NYSDEC SGV.
Herbicides and PCBs were not detected.
The highest petroleum-related VOC concentrations were detected in the MW03 groundwater
sample in the south-central portion of the site. One petroleum-related VOC was also detected in
the MW02 groundwater sample at concentration above the NYSDEC SGV. The highest CVOC
concentrations were detected in the MW02 groundwater sample in the southwestern portion of
the site. CVOCs were also detected in MW01, MW03, and MW04 at concentrations above the
NYSDEC SGVs.
Sub-Slab Vapor and Indoor Air Analytical Results
Co-located sub-slab vapor and indoor air sample analytical results were evaluated using the
NYSDOH Guidance Decision Matrices for Sub-Slab Vapor and Indoor Air and subsequent updates
(2017). The indoor air sample analytical results were also compared to the NYSDOH Air Guideline
Values (AGVs) as set forth in the NYSDOH Guidance and subsequent updates (2013, 2015). Subslab
vapor, indoor air, and ambient air analytical results are provided in Table 4 and shown on
Figure 5.
CVOCs and petroleum-related VOCs were detected in all sub-slab vapor and indoor air samples.
TCE was detected in sub-slab vapor at concentrations ranging between 0.23 and 21,000
micrograms per cubic meter (μg/m3), and in indoor air at concentrations ranging between 1.9 and
43 μg/m3. Evaluation of TCE concentrations using the NYSDOH Decision Matrices yielded
recommendations ranging from identification of source(s) and resampling to mitigation.
Maximum TCE concentrations were detected in the SSV04 and IA04 locations in the
southeastern portion of the site. TCE concentrations in two of the four indoor air samples
exceeded the NYSDOH AGV of 2 μg/m3. Evaluation of tetrachloroethene (PCE) and methylene
chloride using the NYSDOH Decision Matrices yielded a recommendation of identification of
Limited Subsurface Investigation Report
514 Union Street, Brooklyn, NY
NYSDEC BCP Site No. C224318
Langan Project No.: 170361303
7 May 2021
Page 7 of 7
source(s) and resampling or mitigation. Detected PCE and methylene chloride concentrations in
indoor air samples were below the NYSDOH AGV.
CONCLUSIONS
Multiple VOCs, SVOCs, and metals, and one pesticide, were detected in soil at concentrations
exceeding UU, RURR, and/or RUC SCOs. Multiple VOCs, SVOCs, and dissolved metals were
detected in groundwater at concentrations exceeding the NYSDEC SGVs. A Brownfield Cleanup
Program application will be resubmitted to the NYSDEC and the extent and magnitude of the
identified contamination will be defined following implementation of a remedial investigation.
Three CVOCs, TCE, PCE, and methylene chloride, were identified in sub-slab vapor and indoor
air at concentrations yielding recommendations ranging from identification of source(s) and
resampling to mitigation when evaluated using the NYSDOH Decision Matrices. TCE
concentrations in two indoor air samples exceeded the NYSDOH AGVs. A notification of
sampling results was provided to the building’s tenant on 9 April 2021 and a plan for soil vapor
intrusion mitigation will be developed.
