On this page you will find information on the current status of the Newtown Creek site, as well as an estimated timeline and milestones.

 

The U.S. Environmental Protection Agency (EPA), the City of New York, and the five companies (Phelps Dodge, Texaco, BP, National Grid, and ExxonMobil) known as the Newtown Creek Group have entered into an Administrative Settlement Agreement and Order on Consent to complete a comprehensive study of Newtown Creek and its tributaries, called a Remedial Investigation/Feasibility Study (RI/FS). The first step is the Remedial Investigation (RI)—an in-depth study designed to gather data needed to determine the nature and extent of contamination at a Superfund site—which is complete. The second step is the Feasibility Study (FS)—a comprehensive study designed to identify and evaluate potential remedial actions—which is already underway and expected to be complete in 2022.

The draft Remedial Investigation Report (RI Report) was submitted to EPA in November 2016, is currently being revised to address EPA comments on the original draft, and is scheduled to be re-submitted in April 2019. The RI Report presents the results of a rigorous investigation designed to characterize the Study Area and to assess potential risks to human health and the environment. The RI Report presents the results of the study and provides the foundation for evaluating remediation alternatives during the FS.

The EPA approved the Baseline Human Health Risk Assessment (BHHRA) in June 2017. This study found human health risks associated with the consumption of fish and crab by recreational anglers and crabbers, as well as from exposure to some localized areas of sediment by general construction workers. Polychlorinated biphenyls (PCBs) posed the primary risk under these exposure scenarios.

The EPA also approved the Baseline Ecological Risk Assessment (BERA) in November 2018. Ecological risks were found in the upper reaches of the creek for benthic macroinvertebrates, such as amphipods, from exposure via sediment porewater, and for fish and aquatic-dependent birds through dietary intake. While toxicity to benthic macroinvertebrates appears to be associated with polycyclic aromatic hydrocarbons (PAHs) or certain metals in porewater, there is a subset of locations where adverse effects appear to be enhanced by non-Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contaminants common to urban waterbodies.

Comprehensive Dataset to Support Remedial Investigation and Feasibility Study

Typically, large complex sites such as Newtown Creek require multiple phases of site characterization work, where knowledge gained from the initial phase of work helps to focus investigative efforts in subsequent phases. A comprehensive dataset to support the RI and FS was collected in four phases between 2012 through 2019, with programs summarized in the table below.

The Remedial Investigation sampling program contained the following components.

•  Remedial Investigation/Feasibility Study Work Plan

•  Quality Assurance Project Plan

•  Health and Safety Plan

•  Field Sampling and Analysis Plan

•  Data Management Plan

•  Cultural Resources Survey Work Plan

•  Data Collection Plan

•  EPA's Community Involvement Plan (under development)

 

Typically, large complex sites such as Newtown Creek require multiple phases of site characterization work, where knowledge gained from the initial phase of work helps to focus investigative efforts in subsequent phases.  The Phase 1 site investigation field activities within Newtown Creek included the following:

• Site surveys to characterize the creek shoreline, identify and document important shoreline features, obtain detailed aerial photographs of the site and its immediate surroundings, and obtain water depth and creek bed sediment information
• Sediment sampling to characterize the physical and chemical properties of the creek sediments
• Monthly water column sampling for chemical characterization
• Sampling to understand the abundance and diversity of the biological community within the creek sediment
• Air quality monitoring

Concurrent with the Phase 1 investigation field work are ongoing efforts focused on interpreting the site data and developing computer models that are used during the RI/FS process.  Other activities performed during this process include the following:

• Compiling historical environmental data from in-creek locations and adjacent upland properties
• Developing the approach for the ecological risk assessment—a critical component of the overall investigation that helps to determine cleanup levels for the site
• Developing approaches to simulate and assess future changes in the creek under a variety of potential future conditions
• Identifying appropriate reference areas that are helpful in assessing site conditions at Newtown Creek relative to those in the broader New York Harbor area

What’s Next?

• EPA is currently reviewing the draft submittals of the RI Report, the Baseline Ecological Risk Assessment, and the Baseline Human Health Risk Assessment.
• The Feasibility Study Field Program is planned for summer 2017 to support the development and analysis of remedial alternatives.
• The draft Feasibility Study Report is scheduled to be submitted to EPA in 2019.