CITIZENS INFORMATION COMMITTEE MINUTES OF APRIL 27, 1995 MEETING Attendees Mike Baker, Coalition Opposed to PCB Ash Pat Carrasquero, Indiana Department of Environmental Management Diane Henshel, IU School of Public and Environmental Affairs Dan Hopkins, U.S. EPA Remedial Project Manager Iris Kiesling, Bloomington City Council Evelyn Brophy for John Langley, Bloomington PCB Coordinator Michael List, Private Citizen, CIC Chair Dave Novak, U.S. EPA Community Relations Coordinator Brian Pence, People Against the Incinerator Alex Tzallas, U.S. EPA Assistant RPM Not Present Deb Backhus, IU School of Public and Environmental Affairs Lee Caulfield, Bloomington Rotary Lynn Coyne, Bloomington Chamber of Commerce Marti Crouch, Near Westside Neighborhood Association John Foster, Bloomington Environmental Commission George Hegeman, Monroe County Board of Health Sally Hegeman, League of Women Voters Dawn Hewitt, The Audubon Society Rachel Loop, Indiana Public Interest Research Group Flynn Picardal, IU School of Public and Environmental Affairs Amy Roche, Student Environmental Action Coalition Jordan Shifriss, Harmony School Rob Stone, Physicians for Social Responsibility Observers Louis Schwitzer Robin Gnagni Approval of Minutes The minutes were approved without amendment. List said that it was distressing to him that at the last meeting, everyone started talking to their neighbor when it became time to select a date for the next meeting. He would like for the meeting to be adjourned before people start discussing amongst themselves. Remedial Activities Hopkins introduced IDEM's Pat Carrasquero, Resa Ramsey's supervisor and Susan Gross also with IDEM. Hopkins said that he mentioned at the last CIC meeting that the parties had been working on a sampling plan for Lemon Lane Landfill. Hopkins said that plan relates to groundwater sampling at monitoring wells, residential wells, springs and streams related to Lemon Lane. It was agreed that Westinghouse would conduct PCB sampling at those outlets. EPA agreed to sample for other contaminants like volatile organics, semi-volatile organics, PCBS, pesticides, metals, dioxins and dibenzofurans. Before sampling could begin, a quality assurance plan (QAP) was needed. This is the methodology for the sampling to make sure that the samples meet a level of quality. Both EPA, through their contractor Earth Tech, and Westinghouse have developed a QAP. Hopkins said that Westinghouse's QAP has been approved by EPA. This plan is available at the Public Information Center. Earth Tech's Plan is in the process to be reviewed by EPA's quality assurance group. The draft copy of Earth Tech's QAP is available at the PIC. The revised copy will be available soon. Conceptual Plan to Examine the Fill Material at the Lemon Lane Landfill Hopkins said that the parties have discussed a number of ways that sampling could be done. Earth Tech proposed at Hopkins' recommendation a boring technique rather than trenching activities. The proposal to use boring is predicated on the desire to reduce exposing landfill material, in part, to avoid releasing volatile chemicals and also to reduce infiltration of storm water into the fill material. If the cap is pulled back and it rains then water could be introduced to the landfill. Contamination could then migrate from the landfill. The draft conceptual plan is also available at the Public Information Center. Hopkins said that the draft sampling plan, identifies 25 boring locations. The locations were selected based on locations with known high PCB concentrations through previous sampling and based on aerial photography. Hopkins said that even though the aerial photographs provide a snapshot view of the sites, current and recent activities at the site could be determined. Hopkins said that in the 1967 aerial photograph, for instance, one could tell that not much activity occurred at the site for the past 4-6 months prior to that. Hopkins said that they biased the borings based on these photographs. Hopkins said that EPA is trying to schedule equipment to conduct a geophysical survey of the Lemon Lane Landfill. Geophysics would detect metals. EPA would use that to identify areas with large amounts of metal, presumably piles of capacitors. If an area heavy in metals was detected, EPA would put a boring in that area. EPA intends to relocate some of the planned boring locations based on the findings of the geophysical work. Baker asked if there are any plans to put borings in any place that EPA suspects is clean? Hopkins said that EPA would like to concentrate on areas where they think there are PCBs. He said on a 9 1/2 acre site that they will be putting in 25 or so borings. They want to take samples where they are likely to get a hit. Hopkins said that at this point, the Lemon Lane Sampling Plan is a conceptual model and he is open for public comments on the plan. Pence asked if EPA is planning to use these results for future excavation activities at the site. Hopkins said that he did not know if this would be sufficient for determining excavation. Hopkins said that if they find large concentration levels in large volumes of soils, then they would be predisposed to removing the hot spots. Hopkins said that it could be that there are hot spots, limited in size and deep in the landfill and that it may not be technically or economically feasible to excavate. He said that the goal is to determine a remedy based on the investigative work. Excavating small hot spots located deep in the landfill, for instance, may not make much difference in terms of protecting human health and the environment. Hopkins said that they only want to mobilize the sampling effort once. He said that it is costly otherwise. Hopkins said that they would perform screening tests to determine whether or not there is a hot spot. Hopkins said the screening technique would give them the size of the hot spot. Pence asked what EPA would do with the material within the hot spot. Hopkins said that this data will help the parties make an assessment about a remedy. Hopkins said that EPA would still have to conduct ecological and health based risk assessments. Hopkins said that EPA would not excavate the material and store it before a remedy is selected. Baker said that he would like to encourage EPA to sample areas where they think there are no PCBs present. Baker said to sample the areas where you think it is and to find PCBs there does not tell you about the areas you did not sample. He said that you cannot assume that area is clean if you do not have data to support it. Baker said that it would strengthen EPA's position if they could find areas that were non-detect. List said that he feels uncomfortable with sampling in 25 locations on a 9.5 acre site and then saying that they have gotten it all. Valentin said that if EPA is going to be using these quick screening tests (rapid assays), they should be able to cover a larger area because these test kits are relatively inexpensive. She said that once you generally define the area then EPA can take additional samples where needed. Hopkins said that what EPA is attempting to use the screening for identification of hot spots. Hopkins said that EPA still needs to define the hot spots at the site. His understanding of the rapid assay kits is that there is no calibration curve, the test results basically tell you whether a contaminant exists above a predetermined level or not. Valentin said that you can get the kits to tell you whether or not an area is hot. It is just a screening and you can purchase your kits with your individual cutoff. Hopkins said that if people want to make other comments on the conceptual model, to write out their comments and give them to him. List said that it was disturbing to him that if they find a hot spot that they may just leave it alone if it is too deep. Hopkins said that there would have to be an evaluation done for that hot spot. If you found a small hot spot that was fairly deep, you may have to consider what difference it would make to remove it. Hopkins said that you may spend a great deal of money to remove it. List asked if Hopkins was planning to do a swiss cheese removal at the site. Hopkins said that it is difficult or impractical to get each capacitor or each hot spot. Pence said that is why it is important to find the areas that may be clean. Pence said that if you are going to do a piece mill cleanup, then you should make sure that you are confident that what you take out is clean. List said that his understanding of the sampling was to characterize the material and the extent of contamination. He said that if EPA is sampling to determine where to excavate then he thinks that it is irrational to not do random sampling. List said that if you bore several holes into a block of cheese and you come out with cheese then you have cheese. If you do not bore into the cheese then you do not know if you have cheese. Baker said that he thinks it is more important to note that EPA is predisposing the type of remedy which is a limited excavation. Baker said that is more of a reason to do random sampling. List said that by doing a focused excavation you can make sure you cover it all. Baker said that it would be cheaper to sample it all, rather than to excavate it. Henshel asked Baker what would be acceptable to him? Baker said that he understands that there are going to be some financial limitations. He said, however, that if you look at the cost of excavating the entire landfill (which is what Westinghouse was initially required to do) compared to 25 core samples, there is a tremendous difference in that cost. Valentin said that an evenly spaced grid throughout the landfill will give you an idea of the extent of contamination. Hopkins said that the larger your sample space, he gets uncomfortable with it. This would be thousands upon thousands of samples. Henshel said that Valentin's point is well taken. Hopkins said that you need to know what the volume is. Hopkins said that the idea of doing this is to see if it is workable to excavate. You have to have a sense of the size. Valentin wanted to know why size or volume was not important when excavation was called for in the consent decree. Hopkins said that was the agreement struck. He said that the goal of determining alternative remedies is different. Hopkins said that the landfill has household hazardous waste in it and EPA does not have any information to show that there are discrete hot areas. The typical protocol for that is to cleanup leachate, groundwater, and landfill gas. Valentin does not want EPA to give the impression that excavating a landfill is unheard of. She said that there are municipal landfills where landfill mining is conducted. This means that they collect the recyclables, use some of the waste for energy and they do this voluntarily. Valentin said that the prohibitive aspect that Hopkins discussed is cost. Hopkins said that it does primarily come down to a cost-benefit relationship. It is not that the waste cannot be handled in a typical hazardous waste landfill. Hopkins said that what the issue is here is whether or not it is worth it to excavate. Under the Superfund program, certain criteria must be met. Of these cost is one. He said that there are a number of balancing criteria of which EPA has to look. Hopkins said that EPA needs to know how bad it is and what are the consequences of leaving it there. Schwitzer said that the assessment was made when the consent decree was signed and it was decided that everything would be dug up, toasted, and moved. Hopkins said that the consent decree was the agreement that was made t hat 176,000 cubic yards at the sites would be excavated and incinerated and Westinghouse would be paid for the fuel by use of a tipping fee. There were things given up and things obtained through this agreement. Hopkins said that we are working under a scenario where the costs and benefits must be balanced. Schwitzer asked Hopkins if the consent decree is still being held over the community's head. He said that if that is the case then it will not make a difference to talk about in-situ vitrification or the other wonderful alternative treatment technologies that Westinghouse owns. Schwitzer said that he thinks that it is the dollar bill driving the cleanup because Westinghouse has worked very hard to deplete their balance sheet. Schwitzer said that EPA is pinching pennies for Westinghouse over a few hundred thousand dollars on some borings that are necessary to characterize the landfill. List asked how EPA proposes to estimate volumes of hot spots. Hopkins said that was a difficult question to answer. List said that it would be difficult to assess the volume. Hopkins said that if you are hitting a hot spot, then there should be an effort to delineate how big it is. List said if you are really trying to establish volume then okay. Hopkins said that basically what they would like to do is to determine what is in the landfill and that will be a difficult assessment to make. Hopkins said that they will need to know that partly for examining the human health and the environment impact and partly for the disposition of the material. Hopkins said that they may find TCE or PCE which are solvents that may be land ban materials. Valentin said that if you have land ban materials, then closure in place should not be a possibility. She said that if you cannot put it in a double lined leachate collection system type landfill, it does not make sense to leave it in an unlined landfill. Hopkins said that he understands the inconsistencies but to put the matter in some perspective, you have PCBs in the landfill greater than 50 ppm and TSCA may not apply. The decision to excavate contaminants relates to protection of human health and the environment, the decision to dispose of contaminants relates to protection of human health and the environment, the decision to dispose of contaminants (including excavated materials) must consider the laws applicable to disposing of them. Valentin said the material is not subject to land ban requirements until it becomes a RCRA waste. It does not become a RCRA waste until you dig it up. If you do not dig it up, it is not a waste which means that it is bad enough that it should not be land disposed. Hopkins said that what EPA has to look at is the relationship between what is there and how bad it affects human health and the environment. Hopkins said that when they monitored the springs, no organics were found. He asked if it was so bad, why was it not showing up in the water. Baker asked if EPA is going to do some of the more sophisticated tests to determine the level of dioxins and furans because they may be a larger threat than the PCBs. Hopkins said that he does want to do dioxin and furan sampling. Hopkins said that EPA has been concerned about the draft dioxin reassessment and what that will mean for the Bloomington sites. Hopkins said that EPA is working with their current protocol and instead of sampling to the quadrillionth level, they intend, at this time, to sample at the current detection (trillionth level). Hopkins said that working in the quadrillionth level is a sophisticated test and he is unaware of any lab that has a detection limit that low. Henshel said that there are some EPA contract labs qualified to do that. Hopkins said that may be the case but he is unaware of them but will check into it. Schwitzer said that at the last CIC meeting, there were two labs mentioned that could do the work. Hopkins said that the city did some dioxin and furan testing and that they were significant numbers but they do not show where the sampling was done. Valentin said that the city did a couple of samples at the landfill and then they took a background sample in a city park and found dioxins there too. Valentin asked if anything was done about that. Hopkins said that he was unaware of that and would hesitate to draw a conclusion without knowing more. Tzallas said that it could be coming from another source. It is his understanding that the hospital has an incinerator. Pence said that he understands the framework for using a cost-benefit analysis but he feels that the cost to human health and the environment keeps coming up on the lighter side of the scale. Hopkins said that very few of the residential wells around the site had detectable levels of PCBs or dioxins. He said that many of them did not even show a connection to the landfill through the tracer test. He said that there was one exception. Hopkins said that the sampling does not demonstrate that there is a widespread problem to human health. Pence said that the Fish and Wildlife Service does have data to show PCBs are migrating to the areas tested and he believes that is a direct threat to human health and the environment. Pence said that PCBs are still contributing to the degradation of Bloomington's environment and he does not feel that they have been dealt with effectively. Valentin said that a 1 part per billion detection limit is high and that has been the detection limit used. Hopkins said that he is also concerned about the length of time it has taken for this cleanup. He said that the parties would like to move on and they are doing that with rigor. He said that this is the way that it is typically done. He would like everyone to recognize that this is not a research effort, rather a serious investigation. He said that there would be some limitations, financial and resource related. Hopkins invited everyone to make comments on the plan but reminded them to have realistic expectations. Hopkins said that removing the cap could cause more problems than sampling the area could solve. Valentin said that she did not understand why uncovering the landfill would cause potential problems when there was a layer of clean fill put on top of the landfill prior to capping it. Hopkins said that stormwater could enter the landfill and facilitate the migration of contaminants if the cap was off. Hopkins said it is not about how much money so much as it is what is reasonable. Hopkins said that a typical RI/FS costs about one million dollars. Baker said that Westinghouse's initial projections regarding the cleanup was 100 million so they would have a lot of money left over if they did an RI/FS. Baker asked why EPA would require less financially than what is already mandated in the consent decree. Why would Westinghouse be obligated to do less financially in this new plan than they were under the consent decree. Hopkins said that was a good question. He said that the parties are working under a different paradigm than the consent decree. Schwitzer said it sounds like EPA is giving up the 148 million that was on the contract and Westinghouse instead of having the time value of money which today is probably worth about 900 million. Westinghouse says they have not got it so EPA is going to settle for 50 million and hope you can do the cleanup and the heck with the community. Hopkins said that EPA is not settling for anything. He said that the contract may be in place but it is no longer being pursued. Schwitzer said that there was a reason for the trigger level in the consent decree, but now Geoff Grodner and the other attorney's have gone behind closed doors and said that there does not need to be a bond. If a bond had been put up and the 150 million had been set aside in an escrow account, Hopkins would not be having this conversation now. Schwitzer wants to know why the meetings are still being held behind closed doors. Valentin asked why Westinghouse was the only party that could pose an alternative if the parties are generally abandoning the consent decree. Hopkins said that proposing an alternative to the court is not an issue at the moment. Hopkins said that the operating principles are to establish the path that the parties are on now. Hopkins said that the parties will collectively come to an agreement about what is going to be done. List said that if Westinghouse decides that they do not want to do what the other parties do, then you would have to fall back on the consent decree. Schwitzer said that Westinghouse gets to say "jump" and the other parties get to decide "how high". Hopkins said that we are not doing this so that if it fails they can fall back on the consent decree. All of the parties have an interest in resolving this matter, and EPA believes that the current approach is the most promising. Pence said that if EPA can convince Westinghouse to do a thorough characterization at the landfill, then it would be much cheaper than excavating the entire landfill. List asked Hopkins if he had a general schematic of the sampling for Lemon Lane. Hopkins said that the draft sampling plan is available at the Public Information Center and it gives that information. There was a discussion about why Hopkins could not give the citizens an estimate on sampling costs. He responded that it was appropriate to provide an independent cost estimate before the contractor bids the job. Disclosing costs now allows the contractor that information in advance of their bid. Hopkins invited everyone again to submit their comments regarding the plan. He suggested that they leave them at the Public Information Center and they would be forwarded to him. Update on IDEM Feasibility Study Carrasquero said that the state had received a draft feasibility study from their contractor and they are making comments. The deadline for submission to the public is July 1st. Schwitzer asked if IDEM would ask the vendor to provide that on diskette so that it could be put onto the bulletin board. Carrasquero said yes. Valentin asked how the public comment period would work. Carrasquero said that originally IDEM was going to give the public two weeks to comment on the draft. Because the document is so long, the state has decided to provide a longer comment period. COPA's Computer Bulletin Board Baker said that one of the problems with the PCB issue is that there are tons of data but no one can find it. Baker said that COPA has created a computer bulletin board to present the information in a non-technical way. COPA is putting together information regarding site histories, cleanup technologies, and other information regarding the PCB cleanup in Bloomington. COPA has the capability of posting information on upcoming public meetings and inputting information received from EPA and Westinghouse. They have printed material to help citizens who would like to use the bulletin board and COPA is donating a bright pink computer for the Monroe County Public library's use. COPA said that they may look into putting in an 800 number for those who would be using the bulletin board outside the Bloomington calling area if some of the other parties would subsidize it. Lou Schwitzer said that there is a manual for use with the bulletin board. He said that you can download that from the bulletin board. Schwitzer demonstrated how to use the bulletin board with the use of a laptop. If you would like to use the bulletin board, you can call 333-8822. The following settings must be used for your communication' software: Baud Rate: From 2,400 to 28,800 Parity: N Data Bits: 8 Stop Bits: 1 Duplex: Full Terminal Emulation: ANSI, ANSI BBS, VT100, RIPTERM Schwitzer said that once you get into the system that you can download RIPTERM graphics onto your computer and use it as a graphic interface for your dos machine. Melissa Valentin showed some of the treatment technologies that are listed on the bulletin board. Valentin lists the citation where the information came from at the bottom of each page. Adjournment The meeting was adjourned by Michael List at 9:25 pm. The next meeting will be held Tuesday, June 13th, 1995 at 7:00 p.m. at the PCB Public Information Center, Suite 322 Fountain Square Mall. Free Parking is available in the 4th street parking garage and off-street parking is available in front of Fountain Square Mall. Adapted minutes recorded by Sona Chambers, Bloomington PCB Public Information Center, staffed by Earth Tech. ***********************************************************************