Frequently Asked Questions:
Gowanus Canal
Why did EPA propose including the Gowanus Canal for the Superfund National
Priorities List (NPL)?
The New York State Department of Environmental Conservation requested that the United
States Environmental Protection Agency consider the Gowanus Canal for inclusion on the
NPL. The NPL is a list of the most serious sites identified for long-term cleanup. After
completing a preliminary assessment and site investigation, EPA has proposed to add the
Gowanus Canal to the NPL. The proposed listing will allow the agency to further investigate
contamination at the site and develop an approach to address this contamination. If the site is
listed on the NPL, EPA can use its authorities to cleanup the site.
Who will pay for the clean up? Will residential property owners be forced to pay?
One of EPA's top priorities is to get those responsible for the contamination to investigate and
cleanup the site. If Potentially Responsible Parties (PRPs) cannot be found, are not viable, or
refuse to cooperate, EPA may cleanup the site using Superfund money. EPA may seek to
recover its costs from those parties that do not cooperate.
PRPs are defined as:
• Current owners or operators of the facility;
• Former owners or operators of the facility if they owned it at the time of disposal;
• Those who arranged for treatment or disposal of hazardous substances at a facility (in
most cases, the generators); and
• Transporters of hazardous substances who selected the disposal site.
Residential property owners do not generally fall within this definition of PRPs. Hence, EPA
would not pursue them for the cost of investigating and cleaning up the contamination at the
site.
How will EPA pay for cleanup? Isn't Superfund broke?
There seems to be a misconception in the community that there is little or no funding available
for sites designated as Superfund sites. While the Superfund taxing authority expired in 1995,
significant federal funding is available to EPA for the Superfund program through annual
appropriations.
Will cleanup of the Gowanus be delayed while EPA pursues parties potentially
responsible for the contamination?
We have enjoyed considerable past success in persuading PRPs to enter into consent
agreements to carry out necessary work at Superfund sites. If, however, negotiations are
unsuccessful, we have powerful administrative enforcement tools to compel them to perform
such work. We can also use federal funding to carry out the work and subsequently seek the
recovery of our costs. Although it is possible that there may be litigation if responsible parties
do not cooperate, we do not anticipate that it will in any way delay the necessary investigatory
and cleanup actions.
-------
How can I submit comments on the proposed listing?
If you would like to submit comments on EPA's proposed listing of the Gowanus Canal, mail your
written comments, postmarked no later than July 8, 2009, to:
U.S. Environmental Protection Agency
CERCLA Docket Office
Mail Code 5305T
1200 Pennsylvania Avenue N.W.
Washington, DC 20460
------- |