1 CITIZENS INFORMATION COMMITTEE MINUTES OF SEPTEMBER 19TH, 1995 MEETING Attendees Deb Backhus, IU School of Public and Environmental Affairs Mike Baker, Coalition Opposed to PCB Ash George Hegeman, Monroe County Board of Health Sally Hegeman, League of Women Voters Diane Henshel, IU School of Public and Environmental Affairs Dan Hopkins, U.S. EPA Remedial Project Manager Iris Kiesling, Bloomington City Council John Langley, Bloomington PCB Coordinator Dave Novak, U.S. EPA Community Involvement Coordinator Resa Ramsey, Indiana Department of Environmental Management Observers Evelyn Brophy, City Utilities Patricia Cole, City Council David Murphee, Indiana University Dave Porter, Citizen Louis Schwitzer, COPA Melissa Valentin, COPA Approval of Minutes George Hegeman presided over the meeting in Michael List's absence. The meeting began at 7:10 pm and the minutes were approved without amendment. Mike Baker and Melissa Valentin both noted that the minutes are not verbatim and do not reflect the verbatim transcript of the videotape. Baker said that if someone wants an accurate transcript of the meeting, then they should listen to the tape. Hopkins said that he is aware that the minutes are not verbatim. He said that the meeting notes handed out to the CIC members are supposed to be a summary. Novak said that if the members want to change that, then it should be up to the members to change that. Novak said that he is not going to dictate that be done. Remedial Activities Dan Hopkins said that the removal of PCB soil at ABB is completed. Hopkins said that 24,695 tons of contaminated soil was removed and 1268 railcars of contaminated material was transported to Utah. Hopkins said that the removal activities have begun at the Fell Iron and Metal Site. EPA had met with the community in a public availability session at the Baneker Community Center. Hopkins said that it was not well attended. The only people EPA met with were 2 employees of the Hoosier Hills Food Bank and John Fernandez, Democratic Mayoral Candidate. Hopkins said that he brought a copy of the final work plan for Fell. EPA said that he approved the work plan providing Westinghouse made four modifications suggested by EPA. One modification is that the cleanup level will be 10 ppm at the Fell Site. He said that the initial order called for a cleanup level of 25 ppm but under the PCB Spill Policy, a more appropriate cleanup level would be 10 ppm. The site does not have restricted access and it is located in a residential neighborhood. There were two modifications related to air monitoring. One of the modifications are related to the personnel monitoring, EPA is leaving that to the discretion of the Westinghouse contractor's health and safety officer. The second modification related to ambient air monitoring. Hi volume air samplers are to be used to verify compliance with an action level which is 1 ug m3 -1. Hopkins said that Westinghouse's contractor will have 5 air monitors, one at Fairview Elementary School, and one at each corner of the site's perimeter. Hopkins said that EPA is interested in detecting the contaminant levels in the air so that they know what is crossing the fence line. Hopkins said that they discussed three different types of wind conditions; a primary wind direction, calm days, and a secondary wind condition. Hopkins said that depending on which type of wind condition is present would depend on how many samples are taken between two or three. Hopkins said that samples will always be taken from the Fairview Elementary School Monitor. Schwitzer asked why a monitor was not located norteast of the pile because the primary wind direction is from the southwest. Hopkins said that the perimeter of the site is pretty much covered with air monitors. Hopkins said that if you look at a wind rose for this area that although the wind is pretty much out of the southwest, it is not by a high percentage. He said that he expects wind direction to be the wind pattern and is much more of a function of what kind of weather patterns are moving through at that particular time. Hopkins said that they focused more on the nearest receptor. Baker asked if the air monitors are easily identifiable. Hopkins responded that the monitors are easily identifiable. It was mentioned that a previous fact sheet was done showing the air monitors and how they work. Someone asked if they were tamper resistant. 3 Hopkins said that they have locks on them. He also mentioned in 1989 that someone tampered with the air monitor on top of Fairview Elementary School. He said that Westinghouse is working in cooperation with the school and they have people monitoring the monitors. Hopkins said that the intent of the monitors is to detect concentration levels in the air while the pile is uncovered. He said that they run continuously. Porter asked where the weather station is located on the site. Hopkins said he was visiting the site tomorrow and will find the exact location. Hegeman asked what "cleaning to 10 ppm" meant? Hopkins said that under the PCB Spill Policy that a site located in a residential area or at a commercial facility needs to be cleaned to 10 ppm. Hopkins said that the policy also talks about a minimum depth of 10 inches. He said that as long as the top material is taken off, that is what he is looking for. He said that if after taking the 10 inches off, there is significant contamination, then he would have to require further excavation. Hopkins said that there would have to be serious breaches in the liner for there to be substantial contamination underneath it. Valentin said that Westinghouse's objection to 10 ppm at Fell may have more to do with setting a precedent at the other sites. She said that if they remove to 10 ppm then they also have to put in 10 inches of clean fill and they may feel that if they do that at Fell then they may have to do it at the other sites. Hopkins said that they may be partly the case. Valentin asked if Westinghouse has agreed to this at Fell. Hopkins said that they agreed to the sampling but not to the 10 ppm. Schwitzer asked why Westinghouse had to agree. He thought that EPA could just order it. Hopkins said that is the way EPA thinks too. Hopkins said that Westinghouse is doing the cleanup and that is a consideration. Hopkins said that the previous order was 25 ppm and that is why Westinghouse has an objection with the 10 ppm. Valentin asked if there was an administrative record. 4 Hopkins said that he brought the records to make it complete from the time the last one was prepared. Valentin asked for a copy on diskette. Tzallas said that he would get that to the PIC by next week. Public Presentation at Fairview Elementary School Novak said that EPA will bring in an outside performer, Jay Miller, a mime, and storyteller to the Fairview School to teach the children about safety issues as related to the Illinois Central and Fell sites. Novak said that if the children seem to get something out of Jay's presentation that EPA may take this to other school's in the Spring. Novak said that EPA is finalizing an activity booklet that basically tells the story of where the material came from, what happened, what EPA has done, etc. The activity booklet can be colored, there is a word find, a glossary, and phonetic pronunciations. There are also signs depicted in the booklet that represent signs at the actual sites. These signs were used at another site in Michigan City and were found to be appropriate in Bloomington as well. Baker asked why there is not something to show that there is "Danger" at the site. He said that these signs do not really address why someone should keep out. Valentin said that she has seen a picture with a bolt of lightening on it. She said that when her kids see this they know to stay away or a bolt of lightening may strike them. She thinks there should be something that tells kids to stay away without terrifying them. There was a great deal of discussion about what the signs should say. Baker said that the sign is fine but they should have another sign next to it that says "Danger, PCBs" He said that there is not a person in Bloomington that does not know that PCBs means danger and to stay away. Hegeman suggested Mr.Yuk. EPA said that they had already incorporated Mr. Yuk into the activity booklet. Valentin said that she thought the presentation at Fairview Elementary School was a good idea and she would like EPA to know that. Someone asked how much the presentation cost. 5 Novak said that Miller's presentation was about $800 and that the activity booklet was about 700 so the total was about $l500-$2500. Porter asked if this is spin control. Hopkins said no, that the idea is to reach a segment of the population that they have not previously reached. Porter said that EPA is soft-pedaling the hazards. Hopkins said that they are trying to communicate a hazard without scaring the children. He said that he believes there have been some good ideas put forward and that EPA will consider them. Resa Ramsey said that IDEM extended the public comment period for the alternatives review to September 28th. The state had copies of the document in all of the information repositories in Bloomington. The COPA BBS has most of it online. BCAT has the public meeting on videotape. Schwitzer said that people can view the text files or they can download them or the graphics files to their home computers. To date, Ramsey said that she has received three comments. Baker asked why the public comment period was only extended 15 days when several people asked for a 30-45 day extension. Ramsey said that the comment period was extended to make the entire public comment period 45 days. Others also said that they thought the comment period extension was going to be longer. It was suggested that another extension be granted. Ramsey said she would look into it. Porter asked what the utility of the study was. Ramsey said to look at the alternatives that were required by the state mandate. Porter asked how it is useful? Ransey said that she hopes that the other parties will look at this study in their discussion of alternatives. Baker said that in COPA's comments that they are suggesting that the parties use this study as a base and add to it as additional data becomes available. Baker said that they were looking at it as a good start but not as the final answers. 6 Hegeman pointed out that the study is not a decision document. Valentin said that it points out that there are options available. Baker said that it also points out that the no-action alternative is not an option and that there is a need for some type of remediation. Ramsey said that it also stresses that more data is needed on a particular waste matrix before determining if any of them would work. Baker said that COPA has gone through all of the documents related to Lemon Lane Landfill and put them in a spreadsheet format. He said that the TAG grant monies allowed them to sort through everything so that the general public did not have to. Hopkins said that in late August, there was spring, stream and domestic well sampling done. Hopkins said that he found someone who had money to analyze samples and Hopkins had some sites that needed sampling so they teamed up and sampled some springs, streams and domestic wells. Hopkins said that it was a pretty extensive effort. At Illinois Central and Slaughterhouse Springs, there were four other directly connected springs, Quarry, Illinois Central Gulf 1, Ph-Culvert, Ph-Road. EPA also sampled the sediment and water of nine springs that had sporadic dye detections. At Illinois Central and Slaughterhouse Springs, EPA sampled for dioxins, furans, VOC's, semi-volatiles, pesticides, and metals. Westinghouse sampled for PCBs. Hopkins said that those results should be in very soon. Henshel asked what the detection limit was. Hopkins said that it was ppt for dioxins in water, ppb for other compounds in water, and ppm for compounds in soil. Henshel asked who sampled? Hopkins said that Westinghouse had someone sample for PCBs and EPA had someone sample for the other compounds. Valentin asked when the samples would be back? Hopkins said that EPA went through a contract lab program (CLP) and will have them no sooner than 30 days. Hopkins said that wells within a 5000 foot radius of Lemon Lane Landfill were sampled if they had an operable well. If they did not have an operable pump then they may not have 7 been sampled. The reason is because they would have had to be bailed out by hand. Valentin asked how many were sampled? Hopkins said that there were 31 sampled. Schwitzer asked if this was just water that was used for human consumption or if livestock was included in that also. Ramsey said that was one of the questions used in the well survey and she did not find anyone using their well for anything other than human consumption. Hopkins said that he would like to thank Evelyn Brophy with the City for all of the work she did on the well surveys and sampling and also Resa Ramsey, Sona Chambers, John Langley, Dennis Williamson, and Mike McCann. Hopkins said that this was a large effort and much leg work went into this effort. Baker said that at the last CIC meeting, it looked bleak and as though this effort would not happen. He said that COPA is appreciative. He said that he also took Hopkins advice and sat down to a beer and an attorney and discussed CERCLA Sections 104 and 106. He said that COPA believes that the Consent Decree does preserve the United States right for cost recovery authority under those two sections. He said that there is nothing in the Consent Decree that COPA can find that would indicate otherwise. His question is, given this complete cost recovery authority, why would EPA budget cuts affect oversight or sampling programs on Monroe County and Owen County Superfund sites. Hopkins said that typically he would budget so much money for site work, you have the EPA contractor perform the work, then pay the contractor for the work. Afterwards, EPA then seeks cost recovery from the PRP. EPA did this at Fell Iron and Metal and will do this at ABB. Baker said so what you are saying is that even though CERCLA gives EPA authority to seek cost recovery EPA must first have the money to perform the work so they so they can pay their contractor before recovering the costs. Baker said that COPA does not understand why EPA has to worry about budget cuts as related to Bloomington sites when they have a PRP. Baker said that they had attorney's look at the consent decree through its various drafts to its completion and they cannot find anything that prohibits EPA from seeking full cost recovery from Westinghouse as related to the consent decree sites. 8 Hopkins said that if COPA has something that EPA doesn't then EPA attorney, Jeff Cahn, would be interested in reviewing what they have. Hopkins said that it was probably not appropriate to take up everyone else's time discussing this issue but he would like to discuss this further with Baker. Getting back to the residential well sampling, Hopkins said that out of the 31 wells sampled for PCBs that 20 would also be sampled for other contaminants including dioxins and furans. Hopkins said that EPA used all of the remaining budget on this sampling effort that ended on October 1st. Schwitzer asked, procedurally, who makes the decision that EPA is going to conduct the sampling and send Westinghouse the bill. Hopkins said that it does not work that way. He said that EPA can do the sampling and then do cost recovery or EPA can order Westinghouse to do the work. Hopkins said that he is not sure about the second option. Hopkins said in order to have someone do the work, EPA would have to have the ability to pay for the work. Hopkins said that there is a consent decree in Bloomington and that the parties must work within the framework of the consent decree. Paragraph 114 i allows for an alternative but it is not delineated well in terms of who does what when. Hopkins said that EPA is jointly working with the other parties and to order one of the parties to do something especially when it is not completely delineated who does what, when he thinks is a problem. Valentin asked what would happen if the residential well sampling results show contaminated wells. Hopkins said that if an immediate response was warranted, he is sure that would happen. Hopkins said that Westinghouse has put people on city water before when there was a problem. Hopkins said that at the last meeting that Henshel suggested putting a filter on the swallowhole. Hopkins spoke to his geologists and they said that it would be more effective to filter it at the culvert. Hopkins said that he is meeting with his geologists tomorrow and he will pursue this further with them. Porter asked if there would be more spring sampling. Ramsey said that there is a fall spring sampling scheduled. Porter asked if anything had been done to validate a connection between swallowhole and Quarry Springs. 9 Hopkins said that it is definitive that those two are connected. Valentin said that she does not think Porter's is questioning that the two are connected but that there is a lot of it going elsewhere that we do not know about. Hopkins said he would pursue that with his geologists tomorrow. He said that you need really careful about how you draw conclusions from it. If you are thinking that what goes down the swallowhole must be coming out Quarry A & B but some of it comes out down the creek. Porter asked where Hopkins is getting the assertion that it must come out. Backhus said that the question that Hopkins is asking is is there a connection or not whereas Porter is asking another question which is if all the dye got there. She does not think that Hopkins is drawing that type of conclusion. Porter said that Mike McCann stood in front of the public and said that Westinghouse recovered 98% of the Lithium Bromide. Hopkins said that after water leaves Illinois Central it goes down the railroad tracks to a weir. He said that this is where the flow measurements were taken. Hopkins said that McCann took flow measurements upstream of the swallowhole which is the data that Porter is talking about. Hopkins said that to Porter's point, that there would have to be another dye tracer done. Hopkins said that he would talk to his geologists about it. He said that he has a great deal of respect for the geologists especially when they can tell him whether or not something is worth doing or not and then back it up. Baker said that he has heard of a super hydrogeologist at EPA that can be consulted from other regions but he has to be approached by the region that would want his assistance. Hopkins asked if it was Malcolm Field. Baker said that he does not know his name but he can find out from some of the other groups. He would also like EPA to ask him to help with this issue. Hopkins said that if a geologist is an expert in his geographical area then other geologists will oftentimes defer to that geologist when working in her/his area. Hopkins said that he thinks that we have top notch geologists in this area. 10 Baker said that they had geologists that have refuted what these geologists have said. Baker said that Joe Hailer, a geologist that used to run the Indiana Geological Survey, and a person who has lived and worked in Bloomington made some suggestions not just harsh criticisms and no one has looked into those. Hopkins said that he does not remember Hailer making any suggestions. Baker said that Hopkins could ask this EPA guy and if he said he would just defer to the locals then the community would accept that. Hopkins said that if Baker is talking about Malcolm Field, that he did work on this project in the beginning. Hopkins said that he had a great deal of confidence in the local geologists and there is something to be said about working in a particular area. Baker said that EPA could save money by using their own geologist. Hegeman asked what the current status of the EPA budget was. Hopkins said that there is talk of a continuing resolution and then the budget may get resolved or there could be another crisis, then another continuing resolution. Hopkins said that he really does not know what will happen with the EPA budget at this time. Valentin formally requested that Hopkins consult with Malcolm Field. Hopkins said that he does not think that would be useful. Valentin asked why not. Hopkins said that he had good people that he feels confident with. Hopkins said that if the issue were how do you do a dye trace result of which you can have confidence by doing a mass balance, Hopkins would not consult Malcolm but if it were an issue where Hopkins were to ask him, in his experience where he has set up a control or a filter or something set up and what type of possible remedies were there, then Hopkins might consult him. Porter said that the fact that the experts conducted a dye trace study using a faulty injection well should shake his confidence in them. Hopkins said that he knew why they did it. 11 Porter said that if you are honest about it then you would know it is because they did not know what was happening. Hopkins said that he did not think they knew about it on the first one. Porter said and the second and after the fact on the third. Backhus said until someone starts using that data to base decisions, she does not feel a need to criticize it. She said that no one is saying that absolutely all of the water is coming out of this spring, and no one is doing that at the moment, she does not feel the need to criticize it. She said that a lot of field work is trial and error because you cannot see beneath the ground. Baker asked if COPA can come up with some questions for EPA to pose to the EPA geologist, would EPA forward it to him. Hopkins said yes. Hopkins said following up on what Backhus said, EPA is not using the dye trace studies to a quantitative analysis. What they are doing instead is focusing on or directing the sampling for chemical constituents. Hopkins said that is why there are 15 or so springs being sampled. Hopkins said that most of the people involved in the work believe that 97% of the problem is at Illinois Central that is why the focus is on that spring. Porter said that EPA has been telling the public for years that there is nothing to worry about at the springs that it is always non-detect. He said but the recent sporadic spring sampling shows 1400 ppm and they got those results by accident. Hopkins said for Porter not to mix water and sediment. Hopkins said that the sediment results in that area have typically been 17 ppm. Hopkins said that this time it was much higher. Porter asked if this was a one time event. Hopkins said that he did not know if it was a one time event or not. Hopkins said that he brought a copy of the peripheral spring sampling results and will leave them at the PIC for those who want to come take a look at them. New Business 12 Baker said that COPA's BBS will be on the Internet within the week. Baker said that COPA has gotten a local service provider to help them make it possible. Baker said that he will be writing a letter to each of the consent decree parties asking them to make a once a year donation to help cover the additional costs associated with Internet. Baker said that any party could upload their documents on the bulletin board. Baker said that the COPA BBS has received 949 calls to date. Baker said that COPA plans to place ads in the IDS and Herald-Times publishing the BBS number. Baker said that in 1984, EPA hired MIT to research a project to make environmental regulation more efficient and less meticulous. Basically, the real problem identified in the research project was how EPA negotiated. It said that one of the main problems with their negotiations is that the public is always left out. The reason that they are left out is that the EPA and the other parties are not free to talk. Baker said that he prefaces this document with another request that EPA reconsider putting a member of the community on the technical committee when discussing the Bloomington PCB project. Baker said that the community and EPA are still working under the same confines as in 1984 and this is 1995. Baker said that he would leave a copy for EPA. Baker said, for the record, he would like to know where EPA came up with the 25 borings at Lemon Lane Landfill. Hopkins said that they came up with that number in a plan and then provided the parties with a draft plan for comment. Valentin said that when several parties discuss an issue that decisions are made and negotiations occur. She thinks it would be better to have representatives from all stakeholders including a citizen and the Fish and Wildlife Service (FWS). Hopkins said that he does not disagree with what Baker is saying and he made a passionate plea to have a citizen on the technical committee but the other parties did not agree with him. Hopkins said that there is an effort underway to increase the dialogue with the FWS. He said that he does not want to raise anyone's expectations but there is an outreach effort with the FWS. Hopkins wants to see that dialogue expanded. Valentin said that is good to hear. Baker said that there continues to be skepticism from the public when COPA comes across documents that were written in 1984 from the Department of Justice that say Westinghouse is going to take 25 borings at Lemon Lane Landfill and the volume of contamination there is 670,000 cubic yards. The estimate that all of the parties have used since the signing 13 of the consent decree in 1985 has been 650,000 cubic yards for all of the sites. Hopkins said that he has never seen the document that Baker is talking about and it is a coincidence that EPA selected the same number of borings. He said that he would like to see the document that Baker is talking about. Valentin said that the number in the consent decree (650,000) is what Westinghouse is required to clean up. She said that the larger number is the pre 1960 level. Hopkins said that maybe right. Backhus said she also thinks that we should push to have a citizen in the technical meetings but she also thinks that you have trust that your government representative is representing your viewpoint in these meetings and you can ensure that by coming to these meetings and letting them know your viewpoint. Baker said that there are a great deal of people who do not feel that they are being represented by their government representative. Hopkins said let's look hypothetically at a situation. He said suppose you choose a citizen to represent you. How do you know that you can trust them. Hopkins said they would attend the meetings and come back and say the same thing that the other parties are saying, would you trust them? Baker said that if the community picked that person, they would have to trust them. Henshel said she would still like to try the idea. Hopkins said he would too. Baker said for Hopkins to keep asking. Hopkins said that the parties also has to have some confidence in the person too. Adjournment The meeting was adjourned by George Hegeman at 9:33 pm. The next meeting will be held Thursday, December 14th, 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. 14