THE CITY OF NEWYORK

MICHAEL A. CARDOZO 

## LAw DEPARTMENT
Corporation Counsel 100 CHURCH STREET NEW YORK, N.Y. 10007-2601 AMANDAC. GOAD phone:(212) 788-1145

fax: (212)788-1619
email: agoad@law.nyc.gov

October 5, 2009

VIAE-MAILAND FIRSTCLASSMAIL

Ms. Terry Jeng NPLRule Manager United States Environmental Protection Agency 1200 Pennsylvania AvenueNW Mail Code 5204P Washington, DC 20460 jeng.terry@epa.gov

Re: Request for Extension ofTime to Comment EPA-HQ-SFUND-2009-0588 (Newtown CreekNPL Listing Proposal)

DearMs. Jeng:

On September 23,2009,1 EPA proposed to list Newtown Creek on the National Priorities List ("NPL") pursuant to 42 U.S.c. § 9601 et seq. and 40 CFR Part 300. EPA specified a deadline ofNovember 23, 2009 for comments on this proposed listing. On behalfof the City of New York ("City"), I respectfully request a 30-day extension of time to submit comments regarding the proposed listing ofNewtown Creek.

The City anticipates submitting detailed comments on the proposed listing of Newtown Creek (the "Creek"). The Creek's size and complex history and the potential impact ofthe listing onCity capital projects planned within and around the Creek require an extension oftime to ensure that these issues can beproperly addressed. In its comments,the City will address EPA's Hazard Ranking Score for the Creek, and the potential impacts ofa listing on

1National Priorities List, Proposed Rule, 74 Fed. Reg. 48511 (September23, 2009).

www.nyc.govGoad (NYC) letter to Jeng (USEPA) October 5, 2009

more than $500 million ofworkplanned within and around the Creek. Accordingly, we respectfully requestthat you extend the commentperiod to December23,2009.
A) Newtown Creek

The unique properties ofNewtown Creek form part of the basis for the City's beliefthat preparation offully informed comments on its proposed NPL listing will require more time than the standard 60-day period. As EPA is well aware, Newtown Creek stretches approximately 3.5 miles long, through a dense urban landscape, and has four distinct tributaries. The Creek forms part ofthe border between Brooklyn and Queens, and abuts several distinct neighborhoods within each borough. The Creek itself has served as a major industrial thoroughfare since before Brooklyn and Queens became parts ofNew York City in the 1890s. A wide variety ofindustrial land uses, as well as several municipal facilities, have existed along the Creek's banks and in the Creek's watershed over the last 150 years. Not surprisingly, given the Creek's large scale and storied history, the environmental contamination in the Creek is extensive and complex.

As EPA also knows, various efforts to assess and address environmental contamination in the Creek have already been undertaken. These include currently pending litigation brought by private parties and the New York State Attorney General's Office against alleged petroleum spillers and other industrial polluters; consent orders entered into by the New York State Department ofEnvironmental Conservation ("NYSDEC") and former operators of adjoining industrial facilities; and consent orders entered into by the City and NYSDEC regarding combined sewer overflow discharges into the Creek. All ofthese factors need to be reviewed as part ofthe City'S preparationofformal comments on the proposed listing.
B) CityProjects

The proposed NPL listing ofNewtown Creek is a matter ofdirect concern for the City ofNew York, not only because ofthe City's interest in seeing environmental contamination in the City remediated efficiently, but also because numerous projects funded, operated, and/or approved by the City could be impacted by NPL listing of the Creek. The Newtown Creek Wastewater Treatment Plant, located along the south side of the Creek, discharges treated wastewater into Whale Creek (one ofNewtown Creek'stributaries), is the largest such facility in the City, and serves over one million residents. NYCDEP also holds permits for 23 combined

sewer overflow outfalls and five storm sewer outfalls into the Creek. The following is a summary ofthe existing andproposed projects thatcould be impacted by the proposed listing:

NYCDEP has planned several capital projects in and along the Creek, with

a total anticipated construction cost ofapproximately $500 million. These projects include construction ofa sludge dock along the south side ofthe Creek, installation ofseveral aeration systems, the purchase ofthree new motorized sludge vessels, sewer and regulator modifications and dredging of the Creek for both environmental and navigational purposes. NYCDEP's plans implicate regulatory mandates imposed by both NYSDEC and EPA.

2Goad (NYC) letter to Jeng (USEPA) October 5, 2009
The City is in the midst ofimplementing a major developmentproject at Hunter's Point South, located along the waterfront atthe mouth of Newtown Creek. When completed, Hunter's Point Southwill include 5,000 new residential units (60% ofthem reserved for moderate- or middle-income households), new commercial and community facility space, a newpublic intermediate and high school, and 11 acres ofnew, landscapedpublic parkland along the waterfront. The Hunter'sPoint Southplan, approved by theNew York City Council inNovember 2008, calls for the Cityto invest $175 million in infrastructure and park development so as to catalyze approximately $2 billion in private investmentand create approximately 4,600jobs. Portions ofthis phased development are scheduled to break ground this month. In June, the City spent $100million to acquire the 30 acre site for this projectfrom the Port Authority ofNewYork andNewJersey and Empire State Development Corporation. Reviewofthe proposed listing'spotential impacts onthis project alone will require the coordination and input ofa number ofCity agencies and entities, including theNew York City Economic Development Corporation, Department ofHousing Preservation and Development, School Construction Authority, and the Department of Parks and Recreation. The goal ofthis review is to identifypotential consequences ofanNPL listing that could delay the Hunter's Point South development and bring them to EPA'sattention for its consideration in making a listing decision.

The City is also working to implement certain aspects ofthe GreenpointWilliamsburg Land Use and Waterfront Plan ("Plan"), approved by the City Council in 2005 and 2006. This Plan adjusted land use regulation in portions ofthe Greenpoint and Williamsburg neighborhoods, locatedjust south of Newtown Creek, in response to reduced demand for manufacturing space and increased demand for housing in Brooklyn. Properties directly fronting the south side ofNewtown Creek were among those rezoned for residential uses. Pursuant to the Plan, the City is currently working to develop new public open space along several waterfront parcels. One ofthese sites, known as Box Street Park, fronts the south side ofNewtown Creek. Also in conjunction with the Plan, the City committed to relocate certain wastewater infrastructure owned and operated by the New York City Department ofEnvironmental Protection ("NYCDEP") from a Williamsburg site to a site adjoining Newtown Creek, so as to make space available for parkland and affordable housing. This infrastructure relocation project is still underway.

The City's comments on the proposed listing of Creek must comprehensively address the potential impacts oflisting on each ofthese City projects or facilities, including potential delays ofor changes to the City's plans, the expected costs and/or legal penalties associated with such changes, and potential mitigations ofor alternatives to an NPL listing (ifany). To afford the City, and the technical experts it will likely need to retain, adequate time to provide comprehensive and constructive comments on the proposed listing, the City requests a modest extensionofits time to submit comments. 3Goad (NYC) letterto Jeng (USEPA) October 5, 2009
Taken together, the City believes that the size and intricate history ofthe Creek, the complexity ofits contamination and the number and estimated dollar value ofCity projects potentially impacted by the proposed listing all warrant an extension of the comment period regarding the proposedinclusionofNewtown Creek onthe NPLto at least December23,2009.

We hope that you will look favorably upon this request. Thank you for your consideration.

Sincerely,

Amanda C. Goad AssistantCorporation Counsel Environmental LawDivision

Cc (via e-mail): WalterMugdan, USEPA Region 2 Cas Holloway, Special Advisorto the Mayor Robin Levine, General Counsel, NYCDEP AngelaLicata, Deputy Commissioner, NYCDEP

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