UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2
290 BROADWAY
NEW YORK. NY 10007-1866

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2016

Basil Seggos, Commissioner

New York State Department of Environmental Conservation
625 Broadway, 14thFloor
Albany, New York 12233-1010
Dear Commissioner Seggos:
I am writing with regard to your December 20,2016, correspondence concerning the U.S.
Environmental Protection Agency's ongoing five-year review for the Hudson River PCBs
Superfund Site. The EPA will take into consideration the recommendations of the New York
State Department of Environmental Conservation as it conducts the five-year review.
We strongly disagree with yourassertion that "EPA has failed to recognize the importance of
supporting environmental decisions with sound science." This baseless accusation ignores the
detailed reasoning that EP A presented to you most recently in my letter of December 16 letter
explaining why EP A disagrees with the sediment sampling program suggested by NYSDEC. As
we indicated, NYSDEC is free to pursue that sampling itself if it so chooses.
The five-year review will consider the benefits to the Lower Hudson River from the Upper
Hudson River dredging. Please note, however, that there are ongoing PCB releases from several
contaminated sediment sites in the Lower Hudson River for which the NYSDEC has the lead
responsibility (for example, the Harbor at Hastings site for which NYSDEC issued a record of
decision in 2012). These sources of PCBs pose challenges and add uncertainty for fish recovery
in the Lower Hudson River. EP A has recently met with and discussed these sites with your staff.
If you wish to further discuss the issues raised in your December 20 letter, please let me know or
ask your staff to contact Walter Mugdan at 212-637-4390 or mugdan.walter@epa.gov, or Gary
Klawinski at 518-407-0400 or klawinski.gary@epa.gov.
Sincerely,
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Regional Administrator

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