1. Margaret Byrne, U.S. Fish and Wildlife Service
Hudson River Natural Resource Damage Assessment and Restoration
Margaret Byrne, U.S. Fish and Wildlife Service

2. Introduction
The Hudson River Natural Resource Trustees are conducting a natural resource damage assessment (NRDA) to determine the type and amount of restoration needed to compensate the public for injuries to their natural resources from GE's PCBs. This presentation provides an overview and status of the Hudson River NRDA.

3. Cleanup and Restoration
EPA: Superfund – clean up hazardous substances to protect the environment and public health.
Trustees: Natural Resource Damage Assessment – assess, and restore or replace natural resources injured by hazardous substances to provide for the public’s use and enjoyment.

4. Hudson River PCB Pollution

5. Natural Resource Trustees
Hudson River
Natural Resource Trustees
New York State, represented by the Department of Environmental Conservation (NYSDEC)
U.S. Department of the Interior (DOI), represented by the U.S. Fish and Wildlife Service (USFWS)
U.S. Department of Commerce, represented by the National Oceanic and Atmospheric Administration (NOAA)

6. Role of the Trustees
Trustees are stewards of the public’s natural resources. These agencies have resource management authority.
Trustees pursue damage claims for past, present, or future injury to natural resources.
Trustees resolve damage claims through settlement or litigation.
Trustees implement restoration.

7. Trustee’s Steps Assess the injuries.
Identify and scale appropriate restoration alternatives.
Resolve the claim.
Develop a restoration plan.
Implement restoration activities.
Monitor the effectiveness of restoration activities.
Photo Credit Brady Dillsworth

8. Assessment
Trustees conduct scientific studies to identify the nature and extent of the harm PCBs cause in and along the river.
For each resource and service, we are:
1. determining the nature and extent of the injury;
2. quantifying the magnitude of the injury; and
3. determining if and when remedial actions will restore injured natural resources to baseline conditions.

9. Injury Categories Under Investigation
Assessment:
Injury Categories Under Investigation
Violations of State or Federal standards
- Fish (fish consumption advisories)
- Waterfowl
- Surface Water
- Ground Water
Biological resource injuries
- Mammals, Birds, Fish
Navigational Service Loss
Remedy-caused injuries
- (e.g., Mussels, Aquatic vegetation)
Pathway injuries

10. Assessment: Injury Determination Reports
Hudson River Fishery Resources: Fishery Closures and Consumption Restrictions
(June 2001; April 2015)
Hudson River Surface Water Resources
(Navigation - July 2006; December 2008)
Hudson River Resident Waterfowl
(August 2013)
Hudson River Groundwater
(September 2015)

11. Steps in Restoration Planning
Identify categories for types of projects.
Develop restoration ideas.
Solicit additional ideas from the public.
Scale restoration. (Determine the type and amount of restoration needed to offset injuries and lost services.)
Review and select preferred projects.
Develop a Draft Hudson River Restoration Plan and submit for public comment
Finalize and implement the Restoration Plan.

12. Project Selection Criteria
Guidance for restoration
project selection
includes:
Link to injury
Legality
Efficacy
Feasibility
Cost-effectiveness
Ecological leverage
Nexus to existing plans

13. Examples of Restoration Project Alternatives under Consideration
Project alternatives include but are not limited to:
Dam removal and fish passage
Wetland restoration
Floodplain restoration
Floodplain protection
Creation of grasslands
Human use projects (such as access points for recreation)
Ground water protection
Restoration of freshwater mussels
Restoration dredging of Upper Hudson PCB-contaminated sediments
Navigational dredging

14. Concerns about Unremediated PCBs
PCB hot spots will be only partially remediated in River Sections 2 and 3.
Remaining contamination will cause ongoing injuries to natural resources and slow the economic and ecological recovery of the river.
Navigational channels will remain contaminated
Highly contaminated areas will remain adjacent to dredged areas post-remedy. Recontamination is likely.

15. Unremediated PCBs Potential Impacts on Restoration
The magnitude of contamination remaining post - dredging may limit the type and amount of restoration options in the Upper Hudson.
Restoration projects may need to be located further from the site of greatest contamination.
Trustees would need to consider harm from creating an “attractive nuisance” in PCB-contaminated areas.

16. Trustee’s Next Steps Completing injury assessment
Evaluating restoration alternatives and developing restoration planning documents
Building relationships with stakeholders
Resolving the claim
Implementing restoration to accelerate economic and ecological recovery of the Hudson River 

17. Learn More Visit Trustee websites Join our Listserve Contact us
NOAA – NYSDEC –
FWS –
HudsonRiver/index.html
Join our Listserve
Send a blank
Contact us
Margaret Byrne -- (413)
Kathryn Jahn -- (413)
Tom Brosnan -- (301) x

18. Hudson River PCBs Superfund Site
UHR LHR
Hudson Falls/Ft Edward GE Plant Sites
Former Ft Edward Dam
River Section 1
River Section 2
River Section 3
Federal Dam
Federal Dam
~ 150 miles
The Battery/NYC
EPA Remedy
River Section 2 extends from the Thompson Island Dam to the
Northumberland Dam (sometimes referred to as Lock 5) near
Schuylerville (RM 183.4) an extent of about 5.1 river miles. River
Section 3 extends from below the Northumberland Dam to the
Federal Dam at Troy, an extent of about 29.5 river miles.
Source: