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HomeMy WebLinkAboutNCD980602163_19961203_Warren County PCB Landfill_SERB C_Copies of letters re Working Group-OCRSTA TE FRO G. SECTI ON \ I D:404 -562 -8788 DEC 03'96 14 :10 No .00( P .01 \ FAX TRANSMISSION U.S. ENVIRONMENTAL PROTECTION AGENCY REG1ON4 100 ALABAMA STREET, N.E. ATLANTA, GA 30303 To: ~ ,k \(,_\\ ~ ~ ~·ax#: '\ \ 0\ ~ ~ \ t -3G. oS- From: fh; \ Vor -~·,-\L I I I Subject: ' \ /'l l \ r ,,· w <\.( 1--c.J\. \.._.<:> q I\. 0 l l Date: Pages: S including this cover sheet COMMENTS: , . Gifrl.f ,1 \~s ~ re.r ST8 TE PROG . SECTION ID:40 4-562 -8788 DE C 03 '96 14:11 No .007 P .O~ ~, 1£{,d~ tu Jd0 INT WARREN coUNTY/STAJ~hR~B LANDFifft111:31(, WORKING GRtmP10 ~ IV Nov 19 7 24 ~M '96 CO-CJ/AIRS: DOUJEB. BURWEf,L J:£N FERRUCCIO HENRl' LANCASTER John H. Hankinson, Jr. Regional Administrator EPA Region IV 100 Alabama St. Atlanta, GA 30303 Dear Mr. Hankinson: October 25; 1996 The residents of Warren County; North Carolina have had a long difficult history concerning the ~n::County:·PCB Landfill that the state with the approval of EPA Region IV and CERCLA funding constructed some 15 years ago against substantial citizen opposition. The Warren County PCB Landfill Working Group, fom1ed by the state and citizens, writes to you now to request a serious. detailed, and immediate examination of the state• s compliance with all ofEPA's requirem~nts for the construction, operation, monitoring, and maintenance of the PCB landfill. I The two Science Advisors assisting the Working Group have identified a major lack ofregulatory compliance by the state that we find dangerous and unacceptable. The serious and prolonged lack of compliance by the state, as owner and operator of the landfill, also reveals a ,htck:l)f;-Ovc,rsight and_:enforcement by EPARegion IV that demands attention, explanation, and correction. Under authority of the Toxic Substances Control Act and with Superfund/CERCLA funds, EPA made a commitment and accepted responsibility to protect public health and environment. It seems clear to us that EPA has failed to meet its statutory responsibilities. You should also appreciate that the PCB landfill has played a key role in the development of the environmental justice movement in the United States. The state ofNorth Carolina should be held to the same standards as industry. If EPA assumed that the state would police itself, it was wrong. We expect you to immediately form a high level, independent group to closely examine,the:state',s entire history of compliance. We suggest consideration of Ms. Jewell Harper, Deputy Director of --your Waste Management Division, to lead this effort. 720 RIDGEWAY STREET, WARRENTON, N. C. 27589 OFFICE (919) 257•1948 ~ FAX (919) 257-1000 STAT E PRO G. SECTION ID: 4U4-:::.b:2 -8 r'88 14:11 NO.UU( ~-U ~ ,;.:, We are particularly concerned that the state: (1) did not carry out all requi~ed groundwater . monitoring; (2) failed to analyze early data that we believe show that the landfill has had water entering and escaping it; (3) failed to act or plan to remove large amounts of water inside the landfill; and ( 4) failed to repair a dysfunctional leachate collection system. Consistent with your commitment to facilitate efforts of the Working Group, we expect that this matter will be expedited. It is the hope of the Working Group that the state will soon honor its original commitment to detoxify (remediate) the landfill now that our Science Advisors have concluded that feasible detoxification technology is available. Thus, the lifetime of the PCB landfill will, we hope, be limited. Nevertheless, complete landfill detoxification will be some years away. The Working Group believes it very important that EPA complete its compliance audit soon, because the full extent and impact of the state's noncompliance should and will play an important role in the statets decisions in coming months and public support for the detoxification project. We also expect EPA Region IV to assist all efforts by the Working Group to achieve full and safe detoxification of the landfill. The members of the Working Group and its two Science Advisors (Dr. Joel S. Hirschhorn and Mr. Patrick Barnes) will gladly assist your efforts to conduct the requested compliance audit. Sincerely, Heruy Lancaster, Co-chair • 720 RIDGEWAY STREET, WARRENTON, N. C. 27589 OFFICE (919) 257-1948 -FAX (919) 257-1000 \ STATE PROG. SECTIO N ID:404-562 -8788 · 11122/96 FRI 13: 42 FAX 703 603 9104 us tPA ll.Q OSEI> DE C 03'96 14 :12 No.007 P .04 ~:· JOINT WARREN COUNTY/STATE tCB LANDFILL . ·WORKING GROUP DOJ.I.a & ll!/RWELL UN n'.RIUct'IO , lttMIT Wc.un.R Elliott P. Laws, Auistant .i\dinWstrator Solid W~e and Emergency kelponsei U.S.EPA . . . 401 M Slfect, $W . · Wuhlnston-DC 20460 '. Dear Mr. Laws: . October 25, 1996 The Warren C_ou¢y PCB Llndfill Working Group is requ~ the ·ustan~-of your office in detenniriiaa se,vml policy positions of EPA This 1-ndfill 1w An unusual histoiy. Despite-strong ci~ oppoaitfon to the aiting of the landtlll. the awe obtained EPA aps,roval tQr it. Moreover, . SUperl\wd/CBR.CLA nmda ($2. 5 million) w~ provided to tho at.ate of North Carolina through a cooperative iagreement in May 1982 for c:teanup of PCB wastes and oonstrumfon pf the landfill. . .· But this had been prccedc,;l_by BPAR.e~11 tv approval of the land.fill in June 1~79 in response to an application by Governor.Hunt ln~ber 1978. It w-u your offico that approved the ~ward · of the ~ding to tho ~e. .. 1 · · · · · We seek ·an objective eKamina.tion of the extent to which this ~t lhould have to meet · CBRCLA etatutoiy and National Contingoncy Plan requirements for remedial &Ction sites. We · are not cleat a& to whether the st&tc took advantage of the CERCLA opportunity to designate-one site for tho NPL 1Dd, if ao, whether the PCB cleanup along state roads~ for which thitJ landfill served u the remediation, was svch a aite. · . . . . . ' ' . . . ' . We want .to inform you that the May 25, 1982 EPA ·document awarding the CBRCLA funds to the state containa a numbtrr of Special Conditioria, lncJudins several that ren,r to compliance with · C.E.RCJ...A provisions and one that explicitly says "All a.ctivitles conducted ·under this ooopcrative agretment will be eo~atent with the e,d5ting National Contin8ency Plan. .. II and.goes on to uy that "}lendifta.rovlaion ofdM, NC.P, all acti~tiea lhou!d be consistent with the t:,datingNCP and propo&Od arnmdm• dated Marob 12. 1982." MOAOV~, ,"Wheri the revised NCP ·u;. promulgated; Jt lhaI1 take precedence." This soeDlS vcey clear that current NCP requirements · apply to tbia PCB .landflll. • . · 72o·RIDGEWAY STREET. WARRENTON. ·N. c. 21ss, · OFF!~ (919}J57-1948 -FAX (~19) 257-iOOO \SUUUJ I STA TE PROG . SECTI ON I D:404-562-8788 DE C 03 '~l6 14 :13 No .007 P .05 fa! 004 . . We also n~te that .one of the oondit,ions ~ak~s ~tear that .. l'h~ State will fully' comply with all .. applicable requirements under the Toxic Substances Control Act '(TSCA), .. .. · The Working Group would like.a·ctear, definitive policy position by your office concomlna the · ~ent to which CERCLA ·and.NCP requirements apply to this landfill. For example,· does the five yeat, review requirement apply? ~ a local group ~pply ·ror a 'J'.echnical Assistance Grant? Can · failure of the landfill containmentsyatem be used to_.support a new remedial action?· . . ·--, We l~k fo~ard to•·~ early response !-oni you. . Sincerely,.· •\ . / Hmuy ~.Co-chair · '720 RIDGEWAY. STREET, WA~~TON, N. ~. 27589 OFFICE (919) 2~7~1948 ~ FAX ('19) 151-JOOO ' DRAFT John H. Hankinson, Jr. Regional Administrator EPARegion4 100 Alabama St. Atlanta, GA 30303 Dear Mr. Hankinson: The residents of Warren County, North Carolina have had a long difficult history concerning the Warren County PCB Landfill that the state with the approval of EPA Region 4 and CERCLA. funding constructed some 15 years ago against substantial citizen opposition. The Warren County PCB Landfill Working Group, formed by the state and citizens, writes to you now to request a serious, detailed, and immediate examination of the state's compliance with all ofEPA's requirements for the construction, operation, monitoring, and maintenance of the PCB landfill. The two Science Advisors assisting the Working Group have identified a major lack of regulatory compliance by the state that we find unconscionable, dangerous, and unacceptable. The serious and prolonged lack of compliance by the state, as owner and operator of the landfill, also reveals a lack of oversight and enforcement by EPA Region 4 that demands attention, explanation, and correction. Under authority of the Toxic Substances Control Act and with Superfund/CERCLA funds, EPA made a commitment and accepted responsibility to protect public health and environment. It seems clear to us that EPA has failed to meet its statutory responsibilities. You should also appreciate that the PCB land.fill has played a key role in the development of the environmentaljustice movement in the United States. The state of North Carolina has behaved as badly as any waste management company that flagrantly and persistently failed to comply with a land.fill's permit requirements imposed by the government. IfEPA assume that the state would police itself: it was wrong. We expect you to immediately form a high level, independent group to closely examine the state's entire history of compliance. We suggest consideration of Ms. Jewell Harper, Deputy Director of your Waste Management Division, to lead this effort. We are particularly concerned that the state: ( 1) did not carry out all required groundwater monitoring; (2) failed to analyze early data that we believe show that the landfill has had water entering and escaping it; (3) failed to act or plan to remove large amounts of water 1 inside the landfill; and ( 4) failed to repair a dysfunctional leachate collection system. It is the hope of the Working Group that the state will soon honor its original commitment to detoxify (remediate) the landfill now that our Science Advisors have concluded that feasible detoxification technology is available. Thus, the lifetime of the PCB landfill will, we hope, be limited. Nevertheless, complete landfill detoxification will be some years away. The Working Group believes it very important that EPA complete its compliance audit soon, because the full extent and impact of the state's noncompliance should and will play an important role in the state's decisions in coming months and public support for the detoxification project. We also expect EPA Region 4 to assist all efforts by the Working Group to achieve full and safe detoxification of the landfill. The members of the Working Group and its two Science Advisors (Dr. Joel S. Hirschhorn and Mr. Patrick Barnes) will gladly assist your efforts to conduct the requested compliance audit. Sincerely, 2 DRAFT Elliott P. Laws, Assistant Administrator Solid Waste and Emergency Response U.S. EPA 401 M St., SW Wash., DC 20460 Dear Mr. Laws: The Warren County PCB Landfill Working Group is requesting the assistance of your office in determining several policy positions of EPA This landfill has an unusual history. Despite strong citizen opposition to the siting of the landfill, the state obtained EPA approval for it. Moreover, Super:fund/CERCLA funds ($2.5 million) were provided to the state of North Carolina through a cooperative agreement in May 1982 for cleanup of PCB wastes and construction of the landfill. But this had been preceded by EPA Region 4 approval of the landfill in June 1979 in response to an application by Governor Hunt in December 1978. It was your office that approved the award of the funding to the state. We seek an objective examination of the extent to which this landfill should have to meet CERCLA statutory and National Contingency Plan requirements for remedial action sites. We are not clear as to whether the state took advantage of the CERCLA opportunity to designate one site for the NPL and, if so, whether the PCB cleanup along state roads, for which this landfill served as the remediation, was such a site. We want to inform you that the May 25, 1982 EPA document awarding the CERCLA funds to the state contains a number of Special Conditions, including several that refer to compliance with CERCLA provisions and one that explicitly says "All activities conducted under this cooperative agreement will be consistent with the existing National Contingency Plan ... " and goes on to say that "Pending revision of the NCP, all activities should be consistent with the existing NCP and proposed amendments dated March 12, 1982." Moreover, "When the revised NCP is promulgated, it shall take precedence." This seems very clear that current NCP requirements apply to this PCB landfill. We also note that one of the conditions makes clear that "The State will fully comply with all applicable requirements under the Toxic Substances Control Act (TSCA) ... " The Working Group would like a clear, definitive policy position by your office concerning the extent to which CERCLA and NCP requirements apply to this landfill. For example, does the five year review requirement apply? Can a local group apply for a Technical Assistance Grant? Can failure of the landfill containment system be used to support a new remedial action? We look forward to an early response from you.