Attendees
Erica Eliason, Louis Kleinman, Susan Yung, Andrea Parker, Katia Kelly, Celeste LeCompte, Eymund Diegel, Corinne Brenner, Em Ruby, Mike Dulong, Aaron Kaufman (Trust), Irene Baker (National Grid), Gary Francis
1) Finalized email regarding groundwater survey conducted by HRP with questions to EPA and DEC representatives related to Brownfield remediation. The Water Quality Committee seeks clarification on how changes in the area affect groundwater flow and containment.
2) Discussed notice of proposed rulemaking to reclassify Gowanus canal from Class SD to Class SC, swimmable and fishable, with input from Em Ruby and Mike Dulong of Riverkeeper. Public comments are due by 11:59 p.m. on June 26, 2025.
Em discussed the Harlem River Use Attainability Analysis (UAA). Harlem River has been proposed to be reclassified to Class SB with a wet weather designation, which means it is safe for primary contact except during and after wet weather. This is a new classification for New York waters.
There are concerns in the UAA – the city is saying that Harlem River is currently meeting standards for SB with a wet weather designation after daylighting project is in place, so the city is arguing that it won’t have to do any more CSO reduction. However, Harlem River gets as much as 2 billion gallons of CSO annually, which is the most CSO of any river in the state. There are concerns that the city won’t do more sewage capture with this designation and can use this to justify the current amount of CSO.
There’s no process for UAA to be reviewed regularly. Riverkeeper has an action alert. This UAA will inform the city’s reclassification of the other waterways, so this could have potential implications for the Gowanus Canal. The city is arguing that they don’t have the financial capability to get the Harlem River to Class SB without the wet weather designation.
Mike discussed the Class SC designation for the Gowanus. The CAG asked for this Class SC designation, so this is a positive development as it is better than the current Class SD. However, only the first sentence in the description of the classification is what is applicable for federal rules. For Class SC that is “the best usage of Class SC waters is fishing,” which is the same as the previous designation of Class SD, “the best usage of Class SD waters is fishing.”
Riverkeeper is concerned that New York State doesn’t believe this will be the designated use for federal law. New York State has taken a position in litigation that the best use is the designated use, and just the first sentence is applicable under the Clean Water Act (which is the same for SC and SD). So it will remain that the best use for the Gowanus Canal is fishing. All other components of the classification are just considered goals that the state would like to achieve one day, according to New York State. As members of the public can only enforce federal law, not state law, only the first sentence can be enforced under New York State’s position regarding designated use. All we can do is try to convince the state to enforce.
Under the Clean Water Act, the dissolved oxygen and enterococci criteria may be enforceable and could be considered applicable water quality standards. If these changes are approved by EPA, we may be able to say these are enforceable. What we could seek that is better than Class SC would be Class SB. When we had advocated for Class SC, it was with the understanding that this would include primary-contact recreation.
How we support the Harlem River is one way that we can be supportive as well, since it got a wet weather designation, which suspends standards for swimming after wet weather events. It could be important to have public comments that show that the community is really concerned and we want to see movement away from this wet weather designation. We can say that we appreciate that the Gowanus is not receiving a wet weather designation. Eymund recommended in the comment also asking for enforcement of MS4 regulations on top of the water quality classifications.
3) Katia raised the subject that at the recent general CAG meeting, there was mention that the five-year review of the Gowanus cleanup had begun without prior notice or an opportunity for public comment. Mike clarified that while public comment isn’t required, it’s often been an option in past reviews. He suggested that, given Gowanus’s significance, the CAG should request a public comment period or at least a formal response to any comments submitted and include photos. Katia proposed that the Water Quality Committee draft a response on behalf of the full CAG and the ask should come from the full CAG.
4) Finalized follow up questions to Victoria. The committee plans to follow up with DEC about whether the un-remediated section of the parking lot was tested and if any monitoring wells are currently in place nearby. We will also ask when design plans will be available to share. Finally, we request that the recent study be shared and presented at a CAG General Meeting, including whether it extends beyond the Whole Foods area. We would like EPA to explain how the cap effectively filters oil near the Degraw Street artesian spring and to provide technical evidence showing that water carrying particulates can be filtered through the cap design.