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PCBs SUPERFUND SITE
EPA Settlement with GE
on Hudson River Dredging
October 2005
Highlights
The US Environmental Protection Agency (EPA) has reached an agreement with the General Electric
Company (GE) to conduct and pay for the first phase of Hudson River dredging, scheduled for the 2007
spring through fall dredging season. Under the terms of a consent decree lodged in Federal District
Court on October 6, 2005 by the U.S. Department of Justice (DOJ) on behalf of EPA, GE will construct the
sediment transfer/processing facility needed for the project and perform Phase 1 of the dredging
according to design plans developed under a prior agreement. The agreement also calls for GE to pay
EPA up to $78 million for the Agency's past and future costs. EPA has already collected $37 million from
GE through past settlements.
SETTLEMENT PROVISIONS
The October 2005 agreement with GE includes provisions
that cover Phase 1 dredging, the construction of the sediment
transfer/processing facility needed for the cleanup project,
independent peer review of Phase 1, and the remaining
dredging work. The following are key elements of the consent
decree:
Construction of the Sediment
Processing/Transfer Facility
Under the terms of the consent decree, GE has agreed to
construct the sediment processing/transfer facility needed
for the Hudson River cleanup. The layout of the facility,
which will be built in Fort Edward, New York, was detailed in
the Intermediate Design Report for Phase 1 of the cleanup
released by GE for public comment in August 2005.
Construction of the sediment processing/transfer facility is
expected to be completed in time for GE to begin the first
phase of dredging in the spring of 2007.
Phase 1 Dredging
The 2002 Record of Decision (ROD) for the site divides the
dredging into two phases. The agreement with GE calls for
the company to conduct Phase 1 of the dredging. Phase 1
will remove about 10 percent of the total volume of PCB-
contaminated sediment slated for dredging during the full
cleanup project and, together with the construction of the
sediment transfer/processing facility, is expected to cost
between $100 million and $150 million. Phase 1 dredging
will be conducted during the 2007 construction season.
Phase 1 Evaluation
During late 2007 and early 2008, following the conclusion
of Phase 1 dredging, EPA and GE will each evaluate
whether the engineering performance standards
developed for the project will need to be changed for
Phase 2. Evaluation reports prepared by EPA and GE will
be provided to the public and to an independent peer
review panel of scientific experts.
EPA will then consider the conclusions of the peer review
panel and make a decision about whether any changes to
the engineering performance standards, the quality of life
performance standards, or the way the Phase 2 work is to
be performed, are needed. The Agency expects to inform
GE in the spring of 2008 of any modifications that would be
required during Phase 2 of the dredging program, which is
expected to take five years.
Phase 2 Dredging
Under the agreement, after EPA informs GE of any
modifications needed for Phase 2, GE has a fixed period of
time in which to notify EPA whether it agrees to conduct
Phase 2 of the dredging. If the company agrees to
conduct Phase 2, that work will be carried out under the
terms of the consent decree. Because the settlement is
comprehensive and addresses both phases of the project,
it allows for a seamless transition in the event that GE
agrees to perform Phase 2. If GE does not agree to
conduct the Phase 2 dredging, EPA has fully reserved all of
its enforcement authorities. These include its right to direct
the company to perform Phase 2 dredging and/or sue the
company in district court to require it to perform the Phase
2 dredging or to reimburse EPA for its costs if EPA
conducts Phase 2 using government funds.
Transition between Phase 1 and Phase 2
The agreement contains a provision to help ensure that
there is no delay in the transition between Phase 1 and
Phase 2 of the project. It requires GE to spend up to $5
million, between the end of the Phase 1 dredging and the
date of GE's decision whether or not to voluntarily conduct
Phase 2, to prepare for the initiation of the second phase of
dredging during the fall of 2008.

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Reimbursement of Past and Future Costs
The agreement calls for GE to pay EPA about $78 million
for the Agency's past and future costs at the site if GE
agrees to take on Phase 2, and about $43 million for such
costs if GE does not agree to Phase 2. With the
approximately $37 million collected under previous
settlements, the Agency could ultimately receive a total of
$115 million from GE for its work at the site. If GE does not
choose to conduct Phase 2 under the consent decree, EPA
will be free to seek the recovery of Agency costs
associated with Phase 2 from GE.
Support for State Fish Consumption Advisories
The agreement includes a provision that helps to ensure
that people are fully aware of state restrictions on eating
Hudson River fish. Although New York State is not a party
to the settlement, the agreement requires GE to pay the
state $3 million to support its efforts to assist the public in
understanding and complying with state fish consumption
advisories. GE will provide an additional $1 million to this
effort if it decides to conduct the Phase 2 dredging under
the consent decree.
Public Comment
EPA and DOJ will accept public comments on the consent
decree during a 30-day public comment period. Copies of
the consent decree can be found on EPA's Web site at
www.epa.gov/hudson. Hard copies are available for review
at information repositories in Glens Falls, Fort Edward (EPA
Hudson River Field Office), Ballston Spa, Albany,
Poughkeepsie, New York City (EPA Region 2 offices), and
Edgewater, New Jersey.
Cleanup Project Milestones
EPA has made substantial progress toward cleaning up the
Hudson River since the February 2002 ROD for the project.
The Agency has reached two previous agreements with GE
under which the company agreed to conduct the extensive
sediment sampling needed to identify the areas to be
dredged, and to design the project. Other milestones
include the collection and analysis of more than 48,000
samples from the river bottom, the completion of strict
engineering and quality of life performance standards to
protect public health and minimize impacts from the
project, and the selection of a site for the sediment
transfer/processing facility.
In August 2005, GE submitted the Intermediate Design
Report for Phase 1 of the cleanup to EPA for review. This
document contains key information about the cleanup of
the river, including the type of dredging equipment that can
be used, hours of operation, and the layout of the sediment
transfer/processing facility in Fort Edward, New York.
In addition, under the previous agreements, GE has paid a
total of $20 million in partial reimbursement of EPA's
outstanding past costs, and over $15.5 million toward the
costs incurred by EPA in performing activities for which it
has lead responsibility and in overseeing GE's performance
of the work. These payments, plus approximately $1.5
million received under earlier agreements, account for the
$37 million EPA has received from GE to date.
Background
EPA's cleanup plan for the Hudson River PCBs Superfund
site was selected through the Agency's February 1, 2002
ROD for the site. The ROD calls for targeted environmental
dredging and removal of approximately 2.65 million cubic
yards of PCB-contaminated sediments from the Upper
Hudson River, between Fort Edward and the Federal Dam
in Troy.
As PCB-contaminated sediments are dredged, the
sediments will be transported to the dewatering/transfer
facility by barge. The sediments will then be processed to
remove water and stabilized using cement or fly ash to
harden the material, as necessary, for shipment. The water
will be sent to an on-site plant for treatment before it is
released back into the river.
For More Information
Visit, call toll-free (1-866-615-6490), or write to the Hudson River Field Office at the address below or log on to
www.epa.gov/hudson.
EPA Contacts
Dave King
Director
Hudson River Field Office
421 Lower Main Street
Hudson Falls, NY 12839
(518) 747-4389
king.david@epa.gov
Leo Rosales
Public Affairs Specialist
Hudson River Field Office
421 Lower Main Street
Hudson Falls, NY 12839
(518) 747-4389
rosales.leo@epa.gov
David Kluesner
Public Affairs Specialist
EPA Region 2 Office
290 Broadway
New York, NY 10007
(212) 637-3653
kluesner.dave@epa.gov
The Field Office hours are Monday - Friday 8:00 am - 4:30 pm, with evening hours by appointment. Email hrfo@capital.net.
EPA Regional Public Liaison
EPA Region 2 has designated a public liaison as a point-of-contact for community concerns and questions about the federal
Superfund program in New York, New Jersey, Puerto Rico, and the U.S. Virgin Islands. To support this effort, the Agency has
established a 24-hour, toll-free number that the public can call to request information, express concerns, or register complaints about
Superfund. The public liaison for EPA's Region 2 office is: George H. Zachos, U.S. EPA, Region 2, 2890 Woodbridge Avenue MS-211
Edison, New Jersey 08837, (732) 321-6621, Toll-free (888) 283-7626.

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