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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 3 4 5 • Public Meeting on the Proposed Remedial Action Plan for the Hunterstown Road 6 Superfund Site located in Straban Township, Adams County, Pennsylvania 7 8 9 Transcript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community Relations Coordinator 15 Frank Vavra, Remedial Project Manager Bruce Rundell, Geologist 16 Jeffrey Pike, Chief, Western PA Remedial Section Jim Spontak, Department of Environmental Resources 17 18 19 20 Alicia K. Wooters, RPR 21 5620 Carlisle Pike New Oxford, PA 17350 22 Official Court Reporter 23 24 AB500IOI
Transcript
Page 1: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

3

4

5 • Public Meeting on the Proposed RemedialAction Plan for the Hunterstown Road

6 Superfund Site located in StrabanTownship, Adams County, Pennsylvania

7

8

9Transcript of the public meeting held on

10 Wednesday, May 5, 1993 at the CumberlandTownship Municipal Building, Gettysburg,

11 Pennsylvania.

12

13

14Virginia Moseley, Community Relations Coordinator

15 Frank Vavra, Remedial Project ManagerBruce Rundell, Geologist

16 Jeffrey Pike, Chief, Western PA Remedial SectionJim Spontak, Department of Environmental Resources

17

18

19

20Alicia K. Wooters, RPR

21 5620 Carlisle PikeNew Oxford, PA 17350

22 Official Court Reporter

23

24

AB500IOI

Page 2: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 - I N D E XPage

2PRESENTATIONS:

3Virginia Moseley 3-8

4 'Frank Vavra 8-14

5Bruce Rundell 14-18

6COMMENTS AND QUESTIONS • 34-91

7*

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27 AR500I02

Page 3: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 - Wednesday, May 5, 1993

2 Cumberland Township

3 Transcript of public meeting for the United States

4 Environmental Protection Agency, held at th6 Cumberland

5 Township Municipal Building, the following proceedings were

6 held:

7 (Beginning at 7:02 p.m.)>

8 VIRGINIA MOSELEY: Good evening everyone. Thank

9 you for coming out on this very rainy night. My name is

10 Virginia Moseley, and I am the Community Relations

11 Coordinator for the Hunterstown Road Superfund Site. I know

12 some of you are probably used to dealing with a community

13 relations person by the name of Amy Barnett. Amy is home

14 taking care of her first born son who was born in March.

15 She's a very busy young lady, so I will be the community

16 relations coordinator for this site. My cards are out on

17 the counter. When you came in, hopefully you got them. If

18 not, please help yourself to one on the way out.

19 What we're going to do tonight is just briefly take a

20 look at where we are in the superfund process at the

21 Hunterstown Road site. Then I'm going to tell you a little

22 bit about the proposed plan meeting and the reason we're all

23 here tonight, introduce some of our panel members and then

24 I'll be turning the program over to the people who will be

25 giving their presentations.

Alicia K. Wooters, RPROfficial Court Reporter

Page 4: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 You -received several handouts when you came in tonight

2 and one of them looks like this. If you would turn to that,

3 find that one. I want to point out where we are here in the

4 system and you will notice on the handout that you were

5 given that the proposed plan has been highlighted in yellow.

6 So briefly starting at the top, we have the site

7 discovery, then the preliminary assessment, which is the•

8 evaluation of existing site-specific data. The site

9 inspection, collection of air, soil, water samples from the

10 site and nearby areas. Then we went on to do the hazard

11 ranking system, which is shown here HRS on your handout

12 which is a mathematical approach to assessing the risks that

13 are posed at the site. Then we have the listing on the

14 national priorities list, NPL list we refer to it. Then we

15 have remedial investigation, feasibility study.

16 You will see now we are down here for the proposed

17 plan. That is the reason that we're here tonight. Proposed

18 plan. You'll see next to that it says public comment. So

19 we are here this evening to receive your comments, your

20 questions and your comments during this proposed plan.

21 We have a thirty day public comment period. That is

22 required by federal regulation. Now, the plan was released

23 and a notice was published in your two local newspapers on

24 April 24. That was a Saturday. The notice of the plan and

25 this meeting appeared in the Hanover Evening Sun and in the

Alicia K. Wooters, RPR AR50Q iOfficial Court Reporter

Page 5: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 Gettysburg Times. So the public comment period as I said is

2 30 days and that will remain open until May 24. That gives

3 you the public and other members of the public who are not

4 here this evening an opportunity to submit your comments and

5 your questions both in person orally tonight and also

6 written questions. You are able to send them in and I'll

7 show you where in just a moment.

8 The EPA is going to review all of the comments and all

9 the questions that are received during this thirty day

10 period. These are all going to be looked at and listened to

11 before making a final selection of the site clean up

12 alternatives. Your comments are going to be incorporated in

13 what EPA calls a responsive summary and that will- be made

14 part of the administrative record both at EPA headquarters

15 and at the local information repository which here in

16 Gettysburg is at the Adams County Library on Baltimore

17 Street.

18 You notice this evening we have a stenographer present.

19 She will be recording your questions and your comments when

20 we get to that part of the meeting. You can also review the

21 plan. We have some copies this evening out on the counter.

22 There is a copy at the repository at the library as well and

23 you can submit comments and questions in writing.

24 We have a facts sheet out there on the counter. I

25 think most of you here this evening have already received

Alicia K. Wooters, RPR ftDCnn I fiCOfficial Court Reporter HROUUlUb

Page 6: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 one. Tha facts sheet looks like this and on the inside on

2 page two you will see where your comments if you care to ^|)

3 write some. If you think of some more after the meeting

4 tonight, certainly send them in and you'll see they are to

5 be addressed to Frank Vavra, who is the remedial project

6 manager who will be giving a presentation this evening.

7 If there are any questions about that, make sure you

8 have this or ask one of us before you leave. When you came

9 in this evening you were asked to sign our attendance list.

10 I hope everyone did that. The reason we do that is so that

11 we can send mailings out to you to keep you informed of

12 what's going on at the site. We use the mailing list to

13 send things such as this fact sheet so it really behooves

14 you to give us your name and address. It's very important

15 so we can keep in touch. "I*

16 One of the other things you received tonight is an

17 agenda. Would you kindly pull out the agenda. It's two

18 pages clipped together. Let's just take a moment to look at

19 what's going to happen tonight. Presentations will be given

20 this evening by Frank Vavra, who is the remedial project

21 manager and Bruce Rundell, who is a geologist for the EPA.

22 We also have present this evening Jeff Pike, who is EPA

23 section chief and Jim Spontak, who is compliance specialist

24 with the Pennsylvania Department of Environmental Resources.

25 We also have present this evening a representative from

Alicia K. Wooters, RPROfficial Court Reporter

Page 7: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 Congressman Goodling's Office. Would you care to stand and

2 identify yourself? Any other local officials, elected

3 officials or representatives of elected officials this

4 evening?

5 (No response.)

6 VIRGINIA MOSELEY: Going on to the second page,

7 just a couple of ground rules before we get started. We*

8 want to draw your attention to the fact that the topic.of

9 this meeting tonight is the Hunterstown Road Superfund Site,

10 so we ask you please to keep your comments and your

11 questions very specific to this site. We had note cards and

12 pencils out at the counter if anyone is reluctant to stand

13 and give a question or a comment, if you would like to write

14 them on a card, we'd be more than happy to bring them to the

15 appropriate person, so feel free to do that. They are in

16 the back at the counter if you want them or need them.

17 Now, if you want to ask a question or make a comment,

18 we ask that you raise your hand to be identified and we

19 would appreciate it if you would give your name at that time

20 so that our stenographer can record that. That's at your

21 discretion. We ask that you do that, but you are not

22 obliged to if you are not comfortable with that. Any

23 questions or comments so far on anything that I've said?

24 (No response.)

25 VIRGINIA MOSELEY: Okay, we will go into our

Alicia K. Wooters, RPR AR500I07Official Court Reporter

Page 8: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 presentation and we would like to ask that you would hold

2 your questions until the end of the presentations. Please

3 jot something down and when the gentlemen are through, they

4 will ask you when they are ready for questions. Without

5 further ado I would like to introduce to you Frank Vavra,

6 the remedial project manager for Hunterstown Road.

7 FRANK VAVRA: I do want to keep the meeting*

8 informal, and the reason we're asking you to defer your

9 questions until after we are finished is simply so I can get

10 through the technical material. We had previously had two

11 meetings in this building to present the results of a

12 remedial investigation and feasibility study including the

13 risk assessment prior to this time. Tonight the primary

14 focus is the alternatives that were evaluated in theil15 feasibility study, and EPA's preference for the alternatives ™"

16 we think will produce the best results in cleaning up the

17 Superfund Site.

18 After that we will have a very informal session where

19 we're going to discuss any of your questions. We will go

20 back, if we need to pull slides out and discuss them, we

21 will do that. I would like to give a quick overview of the

22 results of the RI and some the alternatives we looked at and

23 what we think is the best solution to the site problems.

24 I would guess that everyone in this room knows where

25 the site is but in case they don't, the site is located to

8

Alicia K. Wooters, RPR A R 0 U 0 I 0 8 JfcOfficial Court Reporter

Page 9: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 the north-east of Gettysburg. It's along Shealer Road just

2 as you come in off of Route 30 into downtown Gettysburg.

3 This is an overview of the site and it shows the

4 different areas of the site that had problems in the past.

5 What I wanted to highlight in discussing these areas is the

6 fact that although we are looking at some final remedies for

7 the site, there has been a substantial amount of EPA action»

8 done by Westinghouse and EPA to mitigate many of the site

9 problems previously. What I would like to point out is

10 these two areas had very large numbers of drums that were

11 buried at the Superfund Site. Those were removed in 1989 in

12 a fairly extensive removal action performed by Westinghouse

13 under EPA oversight. This area noted as the borrow area had

14 asbestos piles, it had lead contamination and there were

15 past actions by Westinghouse on the EPA oversight to remove

16 the asbestos and to take mitigating measures, which included

17 placing some small amount of soil and stabilizing that area

18 for future exploration.

19 This area is known as the lagoon area and it contained

20 solvent sludges, it contained paint wastes and other

21 metallic wastes. Again back in the mid '80's this had been

22 removed by Westinghouse in an extensive removal action and a

23 chain link fence was placed' around that area. There is a

24 stream which runs through these areas and there were fences

25 placed to prevent contaminants from moving into that area

Alicia K. Wooters, RPR ftll9UUlu9Official Court Reporter

Page 10: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 also.

2 The stressed vegetation area had tarps placed over this

3 area which contained again metal wastes containing lead,

4 antimony and other toxic metals. The cornfields had

5 previously been used for disposal of some sludges from a

6 truck which basically went up and down the cornfields and

7 sprayed material on the cornfields.«

8 We have three streams at the site. We have the west

9 stream, the middle stream and the east stream. Many of

10 these contaminants have been deposited into these areas

11 along the east stream and that was investigated, and

12 remedial investigation has been previously discussed at some

13 of the prior meetings.

14 Other protections for the public included extension of

15 water lines. This is the area of the site, east stream, "I"

16 middle stream, west stream. One drum burial area was

17 located here. One drum burial area located here. The

18 lagoons were in this area and the ground water contamination

19 is located in this general vicinity and you can see the

20 people in that area are served by a water line and EPA

21 during remedial investigation verified that in several

22 surveys of residents to make sure that everyone was

23 knowledgeable about the problem and that anyone in the area

24 of ground water contamination was in fact using the

25 municipal water supply.

10

Alicia K. Wooters, RPR tf|Official Court Reporter ^"

Page 11: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 Additional actions were taken by Westinghouse under EPA

2 oversight to further protect the public and many samples of

3 residential wells were taken along Old Harrisburg Road.

4 ' Some concerns of off site, of nearby residents involved lead

5 contamination in some of the metals that were present in the

6 cornfields, and I believe Merle Hankey and Don Waddell

7 raised the issue what about when this area was being farmed,*

8 rototilling could have spread the lead into some of the

9 surrounding areas and we did do some limited sampling and

10 based on our results and also based on the contaminant

11 distributions in the cornfields, we do not believe that

12 there is off site metals contamination of concern. Those

13 are things that have happened in the past to prevent the

14 immediate threat from the site and a lot of them were quite

15 extensive.

16 During remedial investigation we went and explored

17 further to see what residual contamination remained in these

18 areas and to try to determine how widespread it was, where

19 it had migrated to and other things that would help us

20 determine what the appropriate remedy for the site would be.

21 The results of the remedial investigation basically

22 showed that in this drum burial area there were residual

23 volatile contaminants. These are materials that are

24 solvents, sealants, gasoline type compounds, but they were

25 relatively low levels, and this area had been excavated and

11

Alicia K. Wooters, RPR AR50QI I IOfficial Court Reporter

Page 12: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 the drums- had been removed. Contaminated soils had also

2 been removed and it had been extensively sampled at the end f||f

3 of that drum removal activity. The remaining contaminants

4 ' are below the water table much of the time. Because there

5 is considerable contamination down in the bedrock beneath

6 that, we believe the most appropriate way to address that in

7 general is to handle it with whatever action we plan to take»

8 for ground water.

9 A similar situation in this drum burial area.

10 Contaminated soils and drums were removed and on sampling

11 the area came up basically clean. The two cornfields

12 contained lead and mercury and EPA evaluates areas to

13 determine whether they are safe in two ways. One, EPA looks

14 at the risk from cancer. And the second way that EPA looks

15 at risks is systemic risk, the risk of say a poison. The ™"

16 effect on organs and the cancer risk was low in this area,

17 however, it did have unacceptable hazard indices. That

18 means that the risk — if a child were to live on the site

19 and ingest that soil over a protracted period of time, that

20 would pose an unacceptable risk. The risk assessment also

21 showed for people living nearby there were no unacceptable

22 risks from the soils. Trespassing children were a limited

23 duration also posed no unacceptable health risk but someone

24 actually living there, it is outside EPA's risk range and so

25 for future use it would require mitigation.

12

Alicia K. wooters, RPR AR500 I 12 fitOfficial Court Reporter

Page 13: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 The- lagoon area was sampled and it contained high

2 levels of toxic metals and one of two samples contained

3 contamination as vinyl chloride, which is carcinogenic.

4 Because solvents were disposed in this area, they are also

5 subject to some of EPA's hazardous waste regulations under

6 the Resource Conservation and Recovery Act. The risk levels

7 for cancer and the hazard index for someone actually living»

8 at the site were unacceptable. Those soils are still at

9 unacceptable levels for EPA.

10 This east stream is a pathway we studied and we found

11 contamination as we would have expected from run off from

12 the lagoon area and a burial area and the cornfields had

13 carried some contaminants down into the sediments. There

14 were relatively low, very low levels of contaminants in the

15 water itself and tended to be in the stream. A very limited

16 stretch of the stream had a high level of zinc and what's

17 known as phthalate. Phthalate is a plasticizer put in

18 polyvinyl chloride plastic. PVC plastic to soften the

19 plastic but it's toxic at certain levels and can have an

20 affect on wildlife or aquatic life.

21 There is a very limited section of the stream that

22 EPA's biological technical assistance team believes needs

23 action. Because large amounts of solids were disposed in

24 the lagoon area, the drum burial area two and drum burial

25 area one, there were extensive plumes of ground water

13

Alicia K. Wooters, RPR AllOUOl 13Official Court Reporter

Page 14: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 contamination and at this point I'm' going to turn the

2 presentation over to our geologist, Bruce Rundell and let

3 you explain the situation with respect to the ground water.

4 BRUCE RUNDELL: The Hunterstown Road site is

5 underlined by rocks that make up what's called the

6 Gettysburg formation. These rocks are composed of

7 sandstones, siltstones and shales that were deposited two

8 hundred million years ago. When they were deposited, they

9 were deposited in streams, in lakes, in horizontal, flat

10 environment, one layer on top of another sort of like

11 stacking up books or papers.

12 When this was going on, there was faulting in the area

13 on the western side of Gettysburg really and what we have is

14 a large fault that as these sediments were being deposited

15 there was movement down on the western side of Gettysburg ™P

16 and basically what we ended up with is a wedge of these

17 sedimentary rocks sort of like this along this fault where

18 this wedge is two to three thousand feet thick.

19 As they slowly got buried, these sediments become

20 cemented together and turn into rocks. As that occurs, the

21 beds of similar material cement differently than other beds

22 and you get along these contacts between a pile of sand and

23 a pile of mud, you tend to have what are called bedding

24 plane fractures which are basically thin cracks. That's

25 pretty much where the ground water is forced to move along

14

Alicia K. Wooters, RPR .. fib. , ..Official Court Reporter AR500I I k

Page 15: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 these cracks. In other words, they'd be restricted to

2 flowing between these two books.

3 This figure here is a block diagram. It's like if you

4 took a square out of the earth, this is what it would look

5 like. We have these alternating beds of different material,

6 shales and muds and these thinner layers of sands. The

7 sands are where we find most of these bedding plane

8 fractures. Therefore, most of the ground's water flow is

9 restricted to these sandy layers.

10 Also due to the forces of the earth, you do get cracks

11 in between these but there are a lot less of them than there

12 are of the bedding plane fractures, so most of the water is

13 restricted to these beds with a little bit of movement

14 possible between the beds.

15 What also this figure shows is how contaminants move

16 in this environment. If you have a spill at the surface and

17 what we have at the Hunterstown Road site is primarily

18 solvents and other kinds of organics, these solvents, you

19 can sort of picture them like oil in that they don't readily

20 dissolve in water. The only difference between the solvents

21 and oil is that the solvents we're looking at are heavier

22 than water, so they don't float on top of the water table.

23 They sink, because they are heavier than water. What we

24 have is these move down through the soil and enter the

25 bedrock. Some of it is dissolved slowly and enters as a

15

Alicia K. Wooters, RPR ARSOO I I 5Official Court Reporter

Page 16: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 dissolve -phase in the ground water. Other parts just

2 continue down due to gravity, as in a sense an ooze, and

3 it's controlled by gravity so it slides down these bedding

4 plane fractures and basically just goes down further and

5 further with dip.

6 That's unfortunately what we see at the Hunterstown

7 Road site is that this in a sense slime of solvents extends

8 to great depth. We have wells that have very high

9 concentrations at five hundred feet, three hundred feet and

10 basically what we believe is that they can continue to keep

11 going and we're not exactly sure to what depth. We do know

12 that the basin is two to three thousand feet thick, so

13 theoretically we could have two thousand feet of

14 contamination going down.

15 One other thing that this figure shows that the

16 contamination is pretty much restricted to the bedding plane

17 fractures that come to the surface underneath the spill

18 area. What you see here primarily goes down this. It's not

19 really affecting this water bearing zone over here or this

20 one over here. Sometimes it can cut across where these

21 other breaks in the rock are and may affect the water

22 bearing zone further down but that depends primarily on the

23 ground water flow directions and how many of those fractures

24 are really out there.

25 So during the investigation we put in a number of

16 ARSOO! 1Alicia K. Wooters, RPROfficial Court Reporter

Page 17: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 wells all- over the site and this figure shows the existence

2 of contamination of the three areas. This is the lagoon

3 area. It's supposed to be blue. It turned sort of green.

4 This is drum burial area two in green and drum burial area

5 one in red. What these lines are are equal concentration

6 lines of contaminants for the total volatile organics.

7 What you see here emanating from the lagoon area in the»

8 center of the plume is very high concentrations of total

9 volatiles. This number is hard to read, but it says ten

10 thousand so basically anything within the circle has

11 concentrations greater than ten thousand parts per billion

12 total volatile organics. This next line is one thousand.

13 This final line out here is one hundred. The exact limit to

14 where we go, zero is probably out here, but we don't really

15 know exactly where that is.

16 For drum burial area two, moving up this has a lot less

17 contamination. This inner circle is one hundred parts per

18 billion. This little circle here has concentration similar

19 to this real big circle from the lagoon area. This outer

20 circle is ten parts per billion total volatiles.

21 At the drum burial area one you see a little bit

22 different in that the highest concentration, this ten

23 thousands out here and not really right next to where the

24 drum burial area is. In these, the highest concentrations

25 are really close to what we believe is the ARARS.

17

Alicia K. Wooters, RPR ARSOO I I 7Official Court Reporter

Page 18: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 .MERLE HANKEY: Why is that? Why is that ten

2 thousand further away from drum burial area in relationship

3 to the other areas?

4 BRUCE RUNDELL: It's a number of things but when

5 they were depositing all these drums here and breaking them

6 open, I guess the model that we use is a slug of

7 contaminants moved down early in the plume's history and the9

8 biggest slug is further down, dipped down those bedding

9 planes and what's left behind are still high concentrations

10 greater than a thousand is pretty high, is sort of like the

11 slime but the bigger pool is further down. In these areas

12 the pool, the larger volume of contaminants are closer to

13 the surface.

14 FRANK VAVRA: You might point out though we don't

15 have wells deep enough. We consulted with the U.S. Geologic

16 Service when we were looking at the RI and FS and trying to

17 make some decisions on the ground water, and it was USGS

18 opinion that we could have what we call dense non-aqueous

19 phase liquids. The oily layer of contaminants down to

20 depths as deep as two to three thousand feet.

21 If you were to sink a well in the lagoon area bedding

22 plane which is angled down, we have a plume up near the

23 surface but it could well be if you were able to put a 15

24 hundred foot well there, you might find much greater levels

25 of contamination there than you have near the surface.

18 AR500II8Alicia K. Wooters, RPROfficial Court Reporter

Page 19: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 What, we think is we have a well deep enough at

2 Hunterstown to find that greater concentration plume with

3 the lagoon area. We just think there is a good chance

4 that's so deep we haven't detected it.

5 BRUCE RUNDELL: To illustrate that point we have

6 this picture. It's a cross section sort of like that block

7 diagram. If you were to take a slice through the earth,V

8 this is a picture of it. What we have here, these are our

9 wells to different depth. This is, see here, depth and feet

10 and we have our different strata that make up the rock

11 formation. These are our water bearing zones. These big

12 dash lines are what we call equal potential lines and they

13 are based on the water level in these individual wells.

14 For instance, the water level in this well has an

15 elevation of 515. The elevation in this well is hard to

16 read, 530 or something like that, so based on that it's sort

17 of like a map of pressures. Sort of like the same way the

18 weather man does to figure out where the highs and lows are.

19 He looks at all the barometers around the country and draws

20 these lines of equal pressures. From the equal pressures we

21 can tell which way ground water wants to flow. It wants to

22 flow from areas of high pressure or high elevation to areas

23 of low pressure or the low elevations.

24 What we've found at this site is there is a very strong

25 predominantly downward grading. The ground water wants to

19

Alicia K. Wooters, RPR ARSOO I 19Official Court Reporter

Page 20: AB500IOITranscript of the public meeting held on 10 Wednesday, May 5, 1993 at the Cumberland Township Municipal Building, Gettysburg, 11 Pennsylvania. 12 13 14 Virginia Moseley, Community

1 move down.. That's what these green lines show is the path

2 at which the ground water would like to flow. It is as you ^1)

3 remember restricted by these planes but those planes do have

4 cracks cutting them so it can, the flow can''go across these

5 water bearing zones but would like to stay within them.

6 This red line is how we have envisioned the direction of the

7 plumes. This is where the lagoon area is. This is drum»

8 burial area two and drum burial area one.

9 What this hashed area is are equal concentration lines

10 like I showed you on the last map except they are in a

11 vertical plane and this is what Frank was referring to

12 earlier in that we have wells in the lagoon area that go

13 here sort of in the heart of this part and then this next

14 well — well, this is 23 thousand parts per billion. This

15 well down here has 382, but we really don't know exactly "'

16 what it is down here. That's why you see these dashed

17 lines. This 23 you know could extend further down or it

18 could be 40. It's an unknown.

19 This is the drum burial area two and you see a much

20 smaller area of less concentration. This deep well here is

21 18 parts per billion and this over here is the drum burial

22 area one. What we did find after this figure was made, we

23 installed some more wells and the concentrations went up

24 instead of going down. We had hoped that going down this

25 bedding plane past this 671 parts per billion we'd drill out

20

Alicia K. Wooters, RPR Alt500l20Official Court Reporter

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1 here and ̂ we'd get 50 or some low number but in fact what we• •

2 found was the concentration has increased and that's where

3 the idea of that slug developed.

4 ' Another thing you'll notice in between1these two we

5 have wells that have nondetects so it sort of helps show and

6 separate these three plumes. The big question is to what

7 depth does contamination go. And also this is a rechargef

8 area and like everything else if you have a recharge area,

9 somewhere you have a discharge area where ground water will

10 come to the surface and discharge to a creek. The basin is

11 two thousand feet deep.

12 There is ground water at two thousand feet and three

13 thousand feet. As you go deeper, the time at which that

14 water was in contact with the rocks grows to a long, long

15 time. The water down at two thousand feet is thousands and

16 thousands of years old. It's been in contact with the rocks

17 a long time. It's been able to dissolve some of those

18 rocks. The quality of water decreases as you get down. If

19 you have a two thousand foot well, you'd be drinking salt

20 water. It's not really drinkable as far as humans are

21 concerned. There is water down there and it is possible for

22 the contamination to get down that far.

23 We talked to USGS geological survey about where this

24 ground water might come up and that's part to be included in

25 our remedy. We'll be investigating that and monitoring it

UR500I2JAlicia K. Wooters, RPROfficial Court Reporter

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1 as well. -

2 I guess I can turn this back over to Frank and he can

3 go over the remedial plans.

4 ' FRANK VAVRA: I think Bruce did an excellent job

5 in describing the technical problem specific to the site.

6 One thing EPA is also wrestling with is the general problem

7 for sites such as Hunterstown Road. As we mentioned, theref

8 is a substance called a dense non-aqueous phase liquid. If

9 you took a can of paint solvent and poured it into a glass

10 of water, it would form a lighter just like salad forms an

11 oil water layer and you would have the contaminate on the

12 bottom of the glass. It wants to sink. It's heavier than

13 water. It doesn't want to dissolve and will dissolve

14 sparingly over a very, very long period of time.

15 There are a lot of sites like this across the nation

16 where we have had solvent spills. They are used in many,

17 many operations. In some geologies there is a very good

18 chance that you can remediate these and succeed and do it in

19 a very short finite period of time.

20 Probably the most difficult site to clean up for ground

21 water is where you spill these type of materials into

22 fractured bedrock, because the material drops down into

23 little crevices, it gets trapped and it's going to

24 redissolve into the water very slowly over time and

25 disperse. There are a lot of different positions on this.

22

Official Court Reporter AR500Alicia K. Wooters, RPR _ _ _ _ _ , jfll

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1 There are- very well known hydrogeologists who think at sites

2 like these the aquifer has terminal cancer and EPA shouldn't

3 try to do anything. The bulk of hydrogeologists believe if

4 we.can't totally remediate it, we can sling'the plume and

5 make sure the contamination doesn't spread further. This is

6 reflected in EPA's preference for an alternative that we

7 believe is protective but to recognize the difficulty

8 inherent in trying to clean up and to mitigate risk at a

9 site such as this.

10 Therefore, we looked at essentially two alternatives

11 that were developed by a Westinghouse contractor. One is a

12 pump and treat alternative that will extract the ground

13 water and pull the plume in at reasonable depths and then

14 there is another alternative where we try to remediate the

15 ground water on an accelerated basis. You're pumping more

16 water. Some of the water is reinjected to try to flush out

17 the aquifer by forcing additional water through that.

18 There are two extraction alternatives we looked at.^

19 EPA doesn't believe to go below eight hundred feet is going

20 to be productive. I think to drill wells of that depth

21 through some very hard rock just tracking this through the

22 crevices would be a monumental task and no one is using the

23 ground water at those depths and the quality also declines.

24 Therefore, we looked at the two extraction

25 alternatives, but they are dealing with water above eight

23

Alicia K. Wooters, RPR ARSOO IOfficial Court Reporter

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1 hundred £eet. It's not an arbitrary number. It is a

2 judgmental number, but what we decided in consultation with

3 USGS is eight hundred feet is the depth of the deepest well

4 in the Gettysburg area. To go beyond that is probably not

5 productive. This is not a selected remedy.

6 We are here to take public comment. We expect to have

7 comments from the public. We expect to have comments

8 submitted by the responsible parties at the site. These are

9 the alternatives that were evaluated. Remedial action

10 alternative A, no action. Remedial alternative B, ground

11 water .extraction, chemical oxidation using UV catalysis.

12 Ground water extraction with treatment by aqueous phase

13 carbon absorption in burial areas one and two. The reason

14 it's divided into two pieces is that the plumes do not

15 contain identical contaminants. There is one area of the

16 ground water near the lagoon that had what we call vinyl

17 chloride and there are many technologies will not work for

18 vinyl chloride.

19 Therefore, the lagoon area ground water we looked at on

20 a two part basis. Splitting the ground water up and some of

21 these are combined for site wide remedies. Chemical

22 oxidation using UV catalysis. This is a process where

23 peroxide is added to the ground water and ultraviolet light

24 splits the molecule apart and releases oxygen which destroys

25 the contaminants.

24

Alicia K. Wooters, RPROfficial Court Reporter

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1 It's- almost the same technology if anyone has soft

2 contacts and they add peroxide to that, it destroys organics

3 that accumulate on the lens.

4 Carbon absorption is a very proven technology.

5 Activated carbon has been used to remove contaminants from

6 foods and many other options. It's widely used in remedial

7 activities. This alternative would involve passing waterf

8 through an activated carbon bed for the one area of the site

9 and in the other area of the site the more aggressive

10 oxidation UV catalysis.

11 Remedial alternative C, ground water extraction with

12 chemical oxidation using UV again and air stripping and the

13 air stripping process water trickles down through- a tower

14 that is packed with little plastic balls and air flows up

15 and the volatile contaminants dissolve from the water and go

16 into the air. Then they will be captured as they pass

17 through an activated carbon bed and that is the other

18 technology that was evaluated.

19 Ground water extraction, chemical oxidation of

20 contaminants using UV for off site ground water. Ground

21 water extraction air stripping and catalytic oxidation for

22 the lagoon area and aqueous phase carbon absorption for drum

23 burial areas. Basically the same technologies we talked

24 about just looking at different combinations of how we can

25 do this and what might be more cost effective.

25

Alicia K. Wooters, RPROfficial Court Reporter

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1 Alternative F, ground water extraction, air stripping

2 and catalytic oxidation for the lagoon area. Air stripping

3 carbon absorption for the drum burial areas.

4 Alternative G, ground water extraction, air stripping

5 catalytic oxidation for off-site ground water. These

6 alternatives with the catalytic oxidation water passes down

7 through the stripper, air comes up through the stripper and»

8 absorbs the contaminants and then it passes over a heated

9 catalyst bed which destroys the chemicals as it oxidizes

10 them. Your end products are carbon dioxide, water vapor and

11 some traces of chlorine probably lower than what comes out

12 of your dishwasher.

13 Alternative G is ground water extraction, air stripping

14 and catalytic oxidation of contaminants in ground water and

15 that is EPA's preferred alternative.

16 Alternative H is aggressive aquifer remediation. This

17 is the one we're going to extract at a more rigorous rate

18 and reinject and EPA did not prefer that for several

19 reasons. One, with reinjection you introduce a degree of

20 unpredictability.

21 By injecting water into the formation you could force

22 it to a crack where you don't want it to go. Also in ground

23 water remediation sites like this it's more effective in

24 many cases to pump at a lower rate or to do what EPA calls

25 false pumping. You pump for a while, shut the pumps down,

26

Alicia K. Wooters, RPROfficial Court Reporter

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1 let the contamination build up and collect it and treat it

2 efficiently.

3 The other way is to extract it slowly and treat it at a

4 rate where it contains enough contaminants to make it cost

5 effective. These give you some of the costs of the

6 remedies. I'm not going to belabor all these. The proposed

7 plan is out. I realize this can be a little dry.

8 Unfortunately, Hunterstown Road has so many different areas

9 and so many different alternatives evaluated, this becomes

10 necessarily complex, but I at least wanted to give you an

11 overview.

12 EPA looked at the soil areas and they are evaluated

13 from no action, soil cover, under the soil cover about a

14 foot and a half soil would be put over a geotextile. This

15 is simply like a plastic cloth. It allows water to

16 penetrate it. It's not a membrane liner like a low

17 permeability cap for hazardous waste. What that would do,

18 it would be a visual marker. If the soil were to erode away

19 in the future, you could see the liner and know you had to

20 do something with that soil.

21 A low permeability cap is a cap where either several

22 feet of clay or something like a swimming pool liner is

23 placed over that clay and it prevents water from going

24 through the waste underneath it and absorbing contaminants

25 and moving into the ground water. The water will run off of

27

Alicia K. Wooters, RPR ARSOO I 27Official Court Reporter

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1 the cap and it basically keeps water from leaching through

2 the waste.

3 Excavate, treat and dispose off site. The material

4 would be excavated. It would be treated depending on its

5 nature. If it contained organics, it would be incinerated.

6 If it were containing metal wastes, then a technique called

7 solidification, which involves mixing something almost like

8 making cement. There are several additives that are

9 involved. The soil or the waste is mixed with these

10 additives and it sets up into a hard mass and water cannot

11 pass through it easily and it reduces the leaching by a very

12 large amount. Tiny amounts of materials can still pass

13 through into the ground water, but it reduces it by in many

14 cases greater than ninety percent. Sometimes greater than

15 ninety-nine percent depending on the technology.

16 Excavate, stabilize on-site and dispose of off-site.

17 It's essentially the same thing I talked about stabilization

18 but in this case rather than sending it off site for that

19 treatment it would be treated on site and then sent to the

20 disposal area.

21 Excavate, soil washing and dispose off site. The name

22 basically tells you what's happening there. The material is

23 mixed with water or water containing another solvent to help

24 disperse contaminants from the soil and then the soil is

25 separated and then that water needs to be treated.

28

Alicia K. Wooters, RPR ARSOO 128Official Court Reporter

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1 In s-itu stabilization. This is very similar to that

2 making cement type technology but instead of digging the

3 material up and mixing it in what we call a pug mill with

4 the additives. It is a machine that travels over the

5 surface and mixes these into the soil, sort of rototills it

6 into it and forms a solidified mass on the surface which

7 prevents leaching.

8 These technologies were looked at across the board for

9 all the different soil areas and to try to simplify things

10 as much as I could, areas that contained similar

11 contaminants EPA lumped into one group to try to deal with

12 those in their remedy selection for that area rather than

13 have to go through it over and over again for each area when

14 there were similarities.

15 The stress vegetation area is represented there and EPA

16 favors excavate, treat and dispose of off site. The stress

17 vegetation area contains very, very high levels of toxic

18 metals. I believe there was one sample at 50 thousand parts

19 per million of lead. EPA's action level is five hundred so

20 it's grossly in excess of what we would leave. That level

21 would generally demand treatment.

22 We combined the cornfields and the borrow area into one

23 unit because they both contained relatively low compared to

24 the stress vegetation area metals and other inorganic

25 contaminants and EPA's preferred alternative for this area

29

Alicia K. Wooters, RPROfficial Court Reporter ARSOO i ? 9

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1 is a soil, cover.

2 One thing EPA has to deal with is lead levels, and

3 there has been a controversial issue across the country.

4 EPA has had to make a lot of difficult decisions as to how

5 to set lead levels. There was a study done that I talked

6 with a citizens group where there is some indication if soil

7 outside a house is above two hundred parts per million, then»

8 that would pose an unacceptable risk. That is based on one

9 mathematical model. The standard mathematical model has

10 yielded safe levels for residential areas of five hundred.

11 We recently had a directive from our headquarters as of

12 right now that five hundred parts per million level is what

13 we should be using as a general rule.

14 The cornfields do contain other contaminants. They

15 contain mercury and they did have, if a child were living on

16 the site actually eating the soil there with no other

17 preventive measures, it did have unacceptable hazard indices

18 and did require action. But we believe that the soil cover

19 is adequate to prevent exposure. This area has not leached

20 metals into the ground water, and we believe that placing a

21 soil cover would prevent exposure by trespassing children

22 and is fully protected for this area.

23 The lagoon area undoubtedly was the worst area of the

24 site. Very large amounts of solvents were disposed there.

25 Very high levels of lead, chromium and other toxic metals

30

, WOfficial Court ReporterAlicia K. Wooters, RPR An500l30|«|

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1 including- mercury were discovered there before the removal

2 action. Also samples taken not by Westinghouse but by EPA's

3 emergency response people showed a multitude of other

4 ' compounds. Different organic materials, phenyls, other

5 things at low levels.

6 During the RI a lot of that was not detected, but there

7 is still some risk there could be soil samples that wet

8 haven't found and the lagoon area does still contain

9 unacceptable levels of metals and an unacceptable hazard

10 index. EPA's preference is to excavate and treat and

11 dispose off site. This would involve taking about two feet

12 of soil from the lagoon area and sending it for off site

13 treatment disposal. Soils that contained volatiles would be

14 incinerated and soils that contained primarily metals would

15 be solidified.

16 Other alternatives that were evaluated is drum burial

17 area one, since all the waste had been taken out of there

18 and all the residue, all contamination remained, the only

19 thing evaluated was a low permeability cap to prevent

20 leaching through that material. Since the ground water

21 table is often above that level and because the levels are

22 relatively low compared to some of the contaminants that

23 Bruce already showed you that are very deep in the bedrock,

24 we believe that we should just deal with this efficiently

25 with one unit with the ground water.

31 AR500I3IAlicia K. Wooters, RPROfficial Court Reporter

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1 Drum, burial area two contaminants weren't detected and

2 for those soils we don't believe there is any additional

3 action warranted. Sediments in the east stream were

4 ' contaminated and we proposed removal of those sediments from

5 the east stream and from a very small section of the west

6 stream. The surface water does contain low levels of local

7 volatile organic hydrocarbons and it does contain particlesr

8 of metals that have washed down from these other

9 contaminated soil areas. We believe what will happen when

10 we take the mitigated measures for the other areas that will

11 be eliminated, the contaminated ground water will not

12 discharge to those streams and the metals will not be

13 transported by surface water run off. We believe no action

14 is needed at this time, and we will reappraise this after

15 the remedy is completed to make sure that hypothesis is "*

16 correct.

17 One other alternative was the cost of wetlands

18 replacement. This gives you an overview of what EPA is

19 proposing graphically. This is the east stream that travels

20 between the lagoon and the borrow area. This is the area

21 that contains the contaminant sediments. This is the lagoon

22 area. This is the stress vegetation area. The dotted areas

23 here, these kind of shaded areas are areas that EPA should

24 be excavated and treated off site and disposed of. This

25 area that's cross hashed, EPA believes is appropriate to

ARSOO IAlicia K. Wooters, RPROfficial Court Reporter

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1 place a aoil cover and one thing EPA is also proposing is•

2 these dotted lines were fairly arbitrary. Westinghouse

3 contractor never determined them by large amounts of

4 statistical sampling. They are fairly arbitrary in nature

5 and since clearly some run off could have occurred down

6 slope from these areas, that soil cover should be extended

7 over these areas.r

8 This is drum burial area one, no action. Drum burial

9 area two, no action and this is the section of the middle

10 stream that had low levels, low levels but levels that were

11 still of concern to EPA's biologist that we plan to also

12 remove. Because the stress vegetation area, the lagoon area

13 and this sediment right here, all are in the wetlands area.

14 Whenever one of EPA's remedies impacts the wetlands,

15 EPA is required to go back and replace the value of that

16 habitat. We coordinate with DOI and fish and wildlife

17 service and other agencies that have responsibilities for

18 wetlands and EPA is proposing creating an artificial

19 wetlands at the inlet to the middle stream and all this

20 probably needs to be is some excavation to create a shallow

21 area that will hold water after rain and can build up

22 cattails and other things and possibly when the soil cover

23 is reseeded it can be reseeded with vegetation that's

24 beneficial to wildlife.

25 Rather than drag you through all these individual

AR500I33Alicia K. Wooters, RPROfficial Court Reporter

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1 costs, le.t me come up with the total. The total for the

2 remedial action EPA is proposing is about nine point two

3 million dollars. It's detailed and broken out in the

4 proposed plan and a lot of things we talked about tonight

5 already have been summarized in the fact sheet.

6 At this point in time I'm done with my technical

7 presentation. I want to emphasize that EPA has not selected

8 this remedial action. This is what EPA believes are the

9 best alternatives for the site and it is soliciting comments

10 on these alternatives and this is why we are here tonight

11 and I .guess I'll turn it over to Virginia. Do you want to

12 say anything?

13 VIRGINIA MOSELEY: If you're ready for questions,

14 do you want to leave that up or do you want to turn that

15 over. I do have a couple of questions on cards, but first I "IP

16 would like to know if anyone in the audience has a question,

17 if you would like to stand and state your name and your

18 question or your comment for either Mr. Vavra or for Bruce

19 Rundell on their presentations this evening. If you have

20 any other questions as they specifically relate to the

21 Hunterstown Road Superfund Site.

22 VIRGINIA MOSELEY: Yes, sir?

23 DON WADDELL: My name is Don Waddell, and I would

24 like to comment on the news press release for this meeting.

25 I don't know, I received my fact sheet yesterday. Merle

34

Alicia K. Wooters, RPR lit)Official Court Reporter ™

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1 received -his today. Congressman Goodling did not receive

2 his at all yet. I think whoever sent them out done a poor

3 job. In the paper, I did not see it in the paper. Merle

4 told me last night it was in the paper that'you mentioned

5 back --

6 VIRGINIA MOSELEY: Saturday the 24th of April it

7 was in two papers and then again on Monday in two papers.

8 DON WADDELL: And the night was wrong. In other

9 words, it mentioned Thursday night instead of tonight. I

10 think if we would have had the right information out ahead

11 of time, we would have had more people here, more concerned

12 citizens. What can I say, but I mean, I just got my fact

13 sheet yesterday. Congressman Goodling did not get his yet.

14 I called DC today and he did not have it. He did not know

15 anything about this meeting. He's on the mailing list.

16 Merle received his today, so I assume he'll receive his

17 tomorrow. That's a comment I'm very much concerned about.

18 VIRGINIA MOSELEY: Appreciate the comment. They

19 were mailed out last week, and we'll certainly look into why

20 they weren't received before that. Does anyone else have

21 any comment or question, anything to add?

22 MERLE HANKEY: Merle Hankey. My question i.s for

23 Mr. Spontak of Pennsylvania Department of Environmental

24 Resources. I'd like to know what DER's opinion of EPA's

25 proposed alternatives here and if you agree with what the

35

Alicia K. Wooters, RPROfficial Court Reporter

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1 EPA proposes to do.

2 JIM SPONTAK: EPA sent us the draft proposed plan

3 several weeks ago. We had ample opportunity to review it.

4 It was reviewed by myself, my supervisor and hydrogeologist.

5 We have no — we are in agreement. Let's say it that way.

6 We are in agreement with their proposed plan. There are

7 certain limits and values we need to discuss with them but»

8 those will be handled in the design stage and in the ROD

9 stage, but basically we are in agreement with everything

10 they are proposing and the way they intend to do it.

11 MERLE HANKEY: And another question concerning'

12 what Mr. Vavra said is EPA's acceptable limits for lead,

13 what is DER's acceptable limits for lead?

14 JIM SPONTAK: That is still being worked on. We

15 have something called a lead task force who has been

16 wrestling with this problem for probably three years now.

17 We originally set the lead limits at two hundred but that

18 has been revised upward and it's still under discussion.

19 EPA used to go with a thousand parts per million lead level.

20 Now they drop it to five hundred. I can say personally five

21 hundred seems like a reasonable number because of the

22 exposure pathways here.

23 RESIDENT: Five hundred parts per million for

24 lead, what kind of standard are you quoting there?

25 JIM SPONTAK: I don't understand your question.

36 ARSOO I 36Alicia K. Wooters, RPROfficial Court Reporter

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1 .. RESIDENT: I thought you were talking about lead.

2 JIM SPONTAK: Yes, I am.

3 RESIDENT: What kind of standard are you quoting?

4 Did you say five hundred parts per million?' What kind of

5 standard are you quoting?

6 FRANK VAVRA: That's a policy for soils. Lead in

7 soils.

8 RESIDENT: Policy for soils.

9 VIRGINIA MOSELEY: Any other questions? Yes, sir.

10 MERLE HANKEY: I have a whole lot. So, you know,

11 like it's going to be awhile if anybody else would like to

12 ask some questions.

13 VIRGINIA MOSELEY: I do have two cards that were

14 turned in. The first question is how do citizens get in

15 touch with, one, an EPA ombudsman and two the EPA inspector

16 general? Please explain their rights. I assume you mean

17 the people's rights. Who would like to take that?

18 " JEFFREY PIKE: The inspector general for EPA is

19 available for citizens who want to make a complaint or

20 whatever about actions that the agency is taking. I don't

21 have their number handy, but they do have an eight hundred

22 number. We can track that down and provide that to you if

23 you want to come up and ask us afterwards we'll get that.

24 Also our general number with our regional office can provide

25 that and that general number is 215-597-9800 and they can

37

Alicia K. Wooters, RPR AnOUOI37Official Court Reporter

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1 provide or connect you with the regional inspector general.

2 I'm not familiar with the EPA ombudsman process. I'm not

3 sure how I can address that.

4 AL PETERSON: That's out of headquarters and we'll

5 get you that number. Virginia will get it for you. I don't

6 think it's an eight hundred number, but we'll find a way for

7 you to get in touch with them.*

8 RESIDENT: Would you explain the rest of my

9 question? Explain their rights regarding the inspector

10 general and the ombudsman.

11 JEFFREY PIKE: I'm not familiar with the ombudsman

12 so I can't really explain that, but the rights being people,

13 any citizen can call and make a complaint.

14 MERLE HANKEY: Concerning?

15 JEFFREY PIKE: EPA actions.

16 RESIDENT: Could you explain their rights and what

17 the inspector general can do for them and what the ombudsman

18 can do for them?

19 JEFFREY PIKE: I'm not really that familiar what

20 they can and can't do. I don't really know how to address

21 your question.

22 AL PETERSON: Let me take a shot at it. The

23 inspector general, if you have a specific complaint that you

24 want to allege that we've been ineffective and we have been

25 unsatisfactory and we have been incomplete in our handling

38

Alicia K. Wooters, RPR ARSOOI38(|fcOfficial Court Reporter ^™

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1 of something, they will take your allegations and

2 investigate them with any evidence that you have to provide

3 and check them against any documentation that we can offer

4 to substantiate what we have done and that's the inspector

5 generals job.

6 The ombudsman is a liaison between you and the agency

7 and they are a headquarters function. If you feel as a

8 citizen or as a citizens group feel you are not getting

9 adequate responsiveness from us, that we are not responding

10 to your concerns completely or adequately, that we're in any

11 way offending a citizens group or any of those kinds of

12 lines, the ombudsman will intervene and try to liaison

13 between the region and the citizens group.

14 Maybe we're not hearing something right, and the

15 ombudsman will come in as a totally disinterested third

16 party because as a region we may have something we proceeded

17 along a certain track and sometimes you get blinders on or

18 just because people are involved, the ombudsman can come in

19 as that third party and help bring your concerns to us so we

20 can start working more closely together.

21 RESIDENT: Do you have any idea where they could

22 call for this?

23 AL PETERSON: I do not know where it is right now.

24 It's a new person. He's only been in the job a couple of

25 months. I have not been in touch with the person myself,

39

Alicia K. Wooters, RPR ARSOO 139Official Court Reporter

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1 but we will get you a name and a phone number. If you want

2 to make sure that Virginia has your name and number and

3 we'll get it to you. We'll also get it in another fact

4 sheet for you. In case you're wondering who this guy is,

5 I'm Al Peterson and I'm her boss.

6 RESIDENT: What's your position?

7 AL PETERSON: I'm the chief of the superfund*

8 community relations section.

9 RESIDENT: Your telephone number?

10 AL PETERSON: 215-597-9905.

11 RESIDENT: Chief of?

12 AL PETERSON: Superfund Community Relations

13 Section.

14 ' VIRGINIA MOSELEY: I'll read the last card and

15 then we can go back to direct questions if that's all right. "P

16 The other question is, has the community been made aware of

17 and been provided with an ATSDR, one, community assistance

18 panel; two, health consultations; three, health assessments.

19 If not, why not and when?

20 FRANK VAVRA: ATSDR did what was called an SRU

21 which is a preliminary evaluation. After the feasibility

22 study they will then submit a complete health assessment

23 from their perspective. The SRU has been submitted. I

24 believe the health assessment has not been submitted.

25 MERLE HANKEY: What is the time frame for that

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1 having to. be submitted?

2 FRANK VAVRA: I'm not responsible for that. ATSDR

3 works under a separate group. They periodically as they

4 • schedule reviews, they will request information or documents

5 from me and I provide those documents.

6 MERLE HANKEY: I understand that that's not your

7 responsibility that it is the ATSDR's responsibility butt

8 under SARA weren't they given a certain time frame they had

9 to provide these health studies or these studies be done.

10 JEFFREY PIKE: Yes, there was a time frame.

11 MERLE HANKEY: These studies were not done. They

12 did not follow the time frame.

13 JEFFREY PIKE: I know a lot of them are still

14 ongoing and they have had problems keeping up with the

15 schedule.

16 MERLE HANKEY: The health studies have been

17 initiated.

18 VIRGINIA MOSELEY: I would like to call on Felicia

19 Daley, who is a former employee of ATSDR and currently

20 working for EPA.

21 FELICIA DALEY: The ATSDR is a health assessment.

22 There is a difference between a health study and health

23 assessment. The health assessment, they are mandated by law

24 to have them out in a certain time frame but the time frame

25 is not mandated by SARA. The time frame was set by the

41

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1 agency. .They have not met those time frames. They are

2 behind in doing health assessments on all the sites that are

3 on the APL list. In terms of where they are in the process

4 ' for this particular site, I'm not sure, but they do take the

5 information that was gathered, the technical information

6 that's gathered by EPA and they look into that and assess

7 just from a public health standpoint. It's separate from

8 EPA so EPA has no bearing on it. They can't — all ATSDR

9 does is make recommendations to EPA or recommendations to

10 the state. It is not by law that EPA has to follow those

11 recommendations either. They just make recommendations on

12 things to protect the public health.

13 In terms of the health consultation process, that

14 process is not an automatic. It's different. What the

15 health consultation is is a quick usually one or two

16 question report that's done real fast to give an answer to

17 most times to EPA about a particular contaminate or

18 particular problem at a site. It's usually done in what's

19 called the emergency response phase if there's an emergency

20 response action at a Superfund Site. That has to come at

21 the request of either the state or EPA. It's not done

22 automatically across the board. A health consultation is

23 not done on every site but a health assessment is. When

24 they get them done they are behind, but they are by law

25 mandated to do a health assessment on all NPL sites.

42

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1 - RESIDENT: Thank you. Miss Daley, can I follow-up" "2 on that because this is rather important. You mentioned,

3 Miss Daley, that the human health effects were the things

4 that were addressed but in point of fact ATSDR's mission is

5 to quote, mitigate adverse human health effects and

6 diminished quality of life resulting from exposure to

7 hazardous substances in the environment and that's the thing

8 we would like to see addressed at all superfund sites.

9 It fails to take in the health assessments to date, as

10 far as we know, have failed to take in the

11 psychopathological aspects of exposure, has nothing to do

12 with the MCL's or simply exposure to contaminants in their

13 environment and this so far as we know has not been

14 addressed. If it has been addressed at any EPA sites, we

15 would really like to know about it. We would like to see

16 that the second part of the mission where it says health

17 effects and diminished quality of life resulting from

18 exposure to hazardous substances of the environment, we

19 would like to see that action take place.

20 FELICIA DALEY: It's a separate agency, ma'am.

21 ATSDR is a separate agency from EPA.

22 RESIDENT: Working with EPA?

23 FELICIA DALEY: They work in conjunction but EPA

24 has no saying on the bearing of what happens at ATSDR and

25 vice versa.

43

Alicia K. Wooters, RPR ARSOO I 40Official Court Reporter

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1 - RESIDENT: They don't recommend to each other?

2 FELICIA DALEY: We recommend to EPA period.

3 RESIDENT: That's what I'm asking. You're with

4 EPA?

5 FELICIA DALEY: Now, yes.

6 VIRGINIA MOSELEY: We would be happy to continue

7 that, and I'm sure Miss Daley would make herself available*

8 after the meeting and give you some names and numbers so you

9 can address that to the appropriate people, and I thank you

10 for bringing that up. We will take care of that.

11 . FRANK VAVRA: Just before we leave the ATSDR

12 issue, Merle, you and Don should know in fact that's under

13 way. When I last met with you, I discussed the fact I had

14 spoken with ATSDR and in fact because of some of Don's

15 concerns, his personal concerns with his family, I made a

16 special phone call back in the office to the ATSDR

17 representative and asked them to include a specific

18 follow-up on the people that you thought might have been

19 impacted and they indicated when they did the health

20 assessment they would make those contacts.

21 DON WADDELL: Nobody has contacted us. That's the

22 point. At this point nobody knows anything about it.

23 MERLE HANKEY: My'concern was would there be a

24 recommendation from ATSDR before your ROD is given?

25 FRANK VAVRA: I think it's unlikely.

44

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1 - MERLE HANKEY: Can you press for it?

,_,__ 2 FRANK VAVRA: I can go back to the office and

3 check the status.

4 MERLE HANKEY: I'd appreciate it.' This is

5 something we have been waiting for for a long time. We have

6 been coming to these meetings for ten years. I've aged a

7 hell of a lot in the last ten years. I'm still waiting for

8 this information and I haven't gotten it.

9 FRANK VAVRA: Jeff is probably going to kick me

10 under the table for this. Frankly, you look at the risk

11 assessment that was done with respect to this site, it's

12 this thick by people that have been knowledgeable about the

13 site for years. Frankly ATSDR has been criticized much in

14 the past because they don't have the manpower to really do a

15 full blown job on this and if you really believe that

16 putting somebody on this for a couple of weeks to take a

17 look at it is going to do a better job than the index risk

18 assessment that was done specifically for that site in very

19 great detail and reviewed by EPA's toxicologist, I don't

20 know — I don't know you're going to get anything superior

21 out of that. If you're looking for a higher level, I don't

22 think that's where you'll find it. I think the most

23 detailed risk assessment evaluation is the one that's been

24 mailed to you. That's a personal opinion.

25 MERLE HANKEY: If you want to give a personal

.45 •

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1 opinion, several years ago the EPA stopped allowing the

2 responsible parties to do the risk assessment; isn't that

3 correct? I think there was a reason for that. It's like

4 the fox guarding the chicken house. They no longer allowed

5 responsible parties to do the risk assessments. Whether you

6 had people go over or not, I personally don't trust a risk

7 assessment that Westinghouse paid for. I want somebodyt

8 else's word on this other than Westinghouse. That's all I'd

9 like to see before a ROD is issued.

10 VIRGINIA MOSELEY: That is being entered in the

11 record.

12 JEFFREY PIKE: Can I follow up on that? You're

13 right, there has been a new policy, I think it's about a

14 year and a half, two years old that for all newer EPA will

15 do the risk assessment itself. The work done here was prior "P

16 to that or at least the order we're doing this work under

17 was prior to that. This risk assessment was done with

18 responsible parties but our toxicologist will have reviewed

19 that work and critique that and prior to the issuance of the

20 ROD because it is a responsible party produced risk

21 assessment, the toxicologist has to certify the risk

22 assessment. The EPA toxicologist.

23 MERLE HANKEY: Okay, thank you.

24 VIRGINIA MOSELEY: Yes, sir.

25 KEN BIRD: My name is Ken Bird. Follow-up to Mr.

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1 Waddell's- comment about the notice here. What is EPA's

2 policy about possibly extending the comment period? You

3 mentioned the site is very complex. People have just gotten

4 the fact sheet now. Some people probably just picked up the

5 remedy. Possibly extending it a few weeks to give people

6 some more time to look at this complex situation and how you

7 go about requesting EPA to do that.X

8 JEFFREY PIKE: We have a thirty day comment

9 period. There is a lot of material to review. If people

10 feel there is more material than amount of time they feel

11 they can put into looking at that, if you will send us a

12 request for an extension, we can grant a thirty day

13 extension.

14 I want to also add that we're trying to keep the

15 project moving. It has been a long time until this

16 information is available. Please consider whether you

17 really, need an extra 30 days for that. If we do receive the

18 request, and I think the address is on the handouts, we can

19 extend.

20 KEN BIRD: Somebody could say a month from today

21 or something which is not 30 days.

22 JEFFREY PIKE: What our policy is we extend the

23 period 30 days from the end of the original period, it would

24 be a total of 60 days if someone were to request an

25 extension. We are not in a habit of giving a five day

47

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1 extension, or whatever. Thirty days or nothing.

2 KEN BIRD: I guess I have to write a letter to

3 request it.

4 DON WADDELL: Can't they request verbal tonight?

5 That's how it's been done in other meetings.

6 JEFFREY PIKE: I'm only hesitating, now. We

7 received a request last year from another site like that,

8 and we didn't get a comment from that person.

9 VIRGINIA MOSELEY: I want to remind you too that

10 copies of the plan have been made available tonight. They

11 are here, so you don't have to go to the library, copies of

12 the fact sheet which summarize very concisely what's in the

13 plan and also the names of the people and the addresses of

14 the people involved if you have any questions or comments.

15 Addressing the issue that people did receive these just ™P

16 recently, we do have a gentleman here from the press and I'm

17 sure the members of the community are going to be made well

18 aware of what's available and where it's available, and we

19 encourage everyone to comment. That's why we're coming out

20 here to get your comments. They don't have to be physically

21 present this evening. You can certainly call us, write us,

22 however you want to continue to comment on this. Does

23 anyone else have a question? We will remain. Do we have

24 more?

25 MERLE HANKEY: Yes.

48 ARSOO |i»8Alicia K. Wooters, RPROfficial Court Reporter

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1 - VIRGINIA MOSELEY: Okay, do you want to continue?

2 MERLE HANKEY: First of all, I'd like to ask you

3 several questions concerning some things that I may

4 understand and may not understand about your proposed plan

5 and the way some things are discussed in here. If you'd

6 like to look at your proposed plan or you might be able to

7 follow me on this. I'm on page two of the proposed plan and

8 it says as used in this plan "The Site" will mean the

9 Hunterstown Road Superfund Site which encompasses all

10 contaminated areas.

11 Now, I would like to know just exactly what does that

12 mean? Does that specifically mean the property that is

13 owned by Fred Shealer or will you consider the boundaries of

14 the site all areas that are also contaminated where the

15 ground water is contaminated?

16 FRANK VAVRA: That's a circular legal definition

17 that even in fact encompasses all areas contaminated.

18 MERLE HANKEY: It could be off of Fred Shealer's

19 property?

20 FRANK VAVRA: That's correct.

21 MERLE HANKEY: What specific rights by naming off

22 of Fred Shealer's property as part of the site, does that

23 give the EPA authority to go on that property and take

24 remedial action or do you have to have the approval of the

25 property owner? In other words, what I'd like to get at,

49

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1 what I understand about this, in your drawing here of drum

2 burial area number one, Frank, where this extends way ^|)

3 beyond—

4 FRANK VAVRA: The ground water plume.

5 MERLE HANKEY: The ground water plume, way beyond,

6 way beyond.

7 FRANK VAVRA: Yes.9

8 MERLE HANKEY: If you were to come in here, could

9 you put deed restrictions on these properties that are not

10 Fred Shealer's property? Can you prevent a property owner

11 who is not Fred Shealer and didn't do any dumping, can you

12 put deed restrictions on their properties to prevent them

13 from using the ground water?

14 FRANK VAVRA: Could it be done in theory

15 hypothetically, yes, but it's not EPA practice to do so. "P

16 EPA does have the authority to protect public health and can

17 issue a unilateral order under circumstances where they

18 cannot get cooperation in addressing the site. However,

19 that's just simply not the way EPA works with the public.

20 Typically where any of these sites, if there are responsible

21 parties, EPA compels the responsible parties to seek access

22 agreements.

23 MERLE HANKEY: To go into that a little bit

24 further, if you're a property owner of a Superfund Site, you

25 could potentially be a responsible party.

50

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1 .. FRANK VAVRA: No. No, I don't think so.

2 JEFFREY PIKE: I think in the grand scale, yes.

3 FRANK VAVRA: Right, but not with this particular

4 instance where you have ground water under those areas.

5 MERLE HANKEY: What I'm getting at, would EPA ever

6 invoke any kind of a rule or law that somebody who is not a

7 property owner where there was surface contamination but

8 only where there is ground water contamination, could they

9 be ever named as a responsible party, because they didn't

10 maybe completely agree with what EPA wants to come on their

11 property and could you invoke any kind of rights to come on

12 their property and do it?

13 FRANK VAVRA: If you called me up I'd pick up the

14 phone and call the lawyer on the site. I don't imagine EPA

15 would ever try to be that heavy handed. I can't speak for

16 every region and every person that works in the agency but

17 that would not be normal. That would be highly unusual.

18 " MERLE HANKEY: My area of concern with my

19 discussion on this is exactly the ground water plume as it's

20 leaving that drum burial area number one. You're testing,

21 as your testing has shown, your testing has only gone down

22 to what? Four hundred eighty-five feet approximately, in

23 that neighborhood?

24 FRANK VAVRA: Roughly five hundred feet.

25 MERLE HANKEY: The municipal authority wells in

51

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1 the area-it's my understanding go down to a depth of eight

2 hundred feet.

3 FRANK VAVRA: The deepest well is eight hundred

4 feet.

5 . MERLE HANKEY: Potentially if there is a developer

6 in that area who is looking to develop the land next to that

7 site and if he can't hook on to municipal water, he's going

8 to have to drill his own wells and he might get into that

9 zone right there. Is there anything that the EPA can do to

10 protect or DER can do such as any type of land use

11 restrictions, restrictions on subdivisions or anything like

12 that to be sure that people in the future don't go out and

13 punch wells and bring water into people's homes, because you

14 know and I know we can't smell this stuff, we can't feel it,

15 we can't taste it. We don't know it's in the water. To

16 protect people maybe from realtors, developers whatever who

17 maybe know or don't know this Superfund Site is there.

18 There's a potential for development around these sites.

19 It's zoned residential.

20 FRANK VAVRA: I understand your concern. I tried

21 to follow-up on this with both the state and the local

22 officials. My understanding is there's really no one that

23 has the authority right now to put individual deed

24 restrictions on. The only way that could be accomplished is

25 EPA would have to probably issue a unilateral order to each

52

Alicia K. Wooters, RPR ARSOO I 52Official Court Reporter

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1 and every, person that was involved and my understanding is• '

2 to date that would be something totally new. That hasn't

3 been done except in extraordinary circumstances.

4 I think one of the problems is that the Gettysburg

5 municipality in talking to the director of development, it's

6 only recently even there were building codes placed in this

7 area. Before that there weren't. In some other localt

8 government structures it would be possible to do that. With

9 the Gettysburg situation, all the investigation I have done

10 to date leads me to believe that would not be an easy task

11 to accomplish.

12 JIM SPONTAK: Mr. Hankey, one of the things that

13 other municipalities have been doing is if a developer comes

14 in and wants to develop an area and put in 20 houses on a

15 parcel, the localities pass an ordinance that he has to

16 demonstrate that he has potable water available for the

17 residence. Before he sinks his well, he would have to sink

18 another well there, bring up some water, have it tested for

19 all the parameters we're interested in before he's allowed

20 to supply that water to the homes. That is something that

21 the local municipalities here could pass. That's an

22 ordinance that could be locally promulgated.

23 MERLE HANKEY: That would only be good in the case

24 of a private developer. If it were someone going in and

25 drilling their own well, they may not know to do this.

53

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1 - JIM SPONTAK: That's correct. I believe Frank, to

2 the local municipalities saying there are contaminations in

3 this area. That's why the public information process is

4 ' going on. We're trying to make the public aware

5 contamination does exist in this area.

6 RESIDENT: Can you tell me why EPA, I mean a

7 government agency initiates policies all the time and given»

8 the seriousness and the credibility, what Mr. Hankey is

9 asking here, why couldn't EPA instigate and implement a

10 policy such as the Maryland general assembly just within the

11 last weeks passed legislation requiring the sellers of

12 single family homes to have a disclosure statement attached

13 which has relationship to telling them what's in the area.

14 If there's even a landfill in the area or any kind of

15 hazardous or regulated materials in the area. EPA could

16 certainly based on the knowledge you have and especially you

17 know where all the sites are. If you initiated a policy to

18 require this and then that would give a blanket protection

19 in all Superfund Site communities.

20 Mr. Hankey has a valid point and I support it. It's

21 very difficult for multiple municipalities around the state

22 to get into. It would take years if ever for this to happen

23 but you have the capability of relieving this situation fpr

24 everyone. Could you consider that?

25 JEFFREY PIKE: We will take that back as an issue.

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1 I think to date the agency has used the approach it's a

_] 2 local governmental issue for them to look into these

3 restrictions but it is an issue I'm sure comes up many

4 ' times. We will raise it as an issue to our ground water

5 policy makers.

6 RESIDENT: Jeff, you're United States

7 Environmental Protection Agency, why don't you invoke your

8 powers to protect blanketly? Just blanket everybody with

9 that protection rather than waiting for municipalities to do

10 it who may never do it and then leave people at risk.

11 BRUCE RUNDELL: One thing to consider is that

12 we're an agency and we're governed by the laws that the

13 federal government write for us and that's where our

14 authority comes from. In our federal system, the federal

15 government does not assume all responsibility for ™P

16 everything. They delegate certain things to the states and

17 to the local authorities. Your example of Maryland, it was

18 the Maryland State Legislature, the congressional body that

19 made the state law. It wasn't the Maryland Department of

20 Environmental Protection. It was a law passed. There is a

21 difference between policy and law. For the EPA or any

22 government agency to go out and in a sense put restrictions

23 on private property without the consent of the property

24 owners, we would get in a lot of trouble for that. It's

25 really a legal issue about property rights that needs to be

55

Alicia K. Wooters, RPR _.JuOfficial Court Reporter ^™

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1 addressed by legal elected authorities whether it's state,

2 local or federal.

3 VIRGINIA MOSELEY: I thank you for your comments

4 and I certainly think they are very well taken and they have

5 been entered into the record. I would like to bring the

6 discussion back once again to Hunterstown Road Superfund

7 Site which in fact is the reason we are here this evening,

8 and as I said, those comments have been entered in the >9 record.

10 DON WADDELL: I think all these comments are

11 related to the site.

12 VIRGINIA MOSELEY: I hear you talking about policy

13 in general.

14 DON WADDELL: I think basically we're concerned

15 about what we have gone through and we are concerned about

16 correcting this in the future for future sites and so on. I

17 think it all pertains to the site. Okay, go on. Move on.

18 Unlike the Westinghouse site public meeting you had the

19 monitoring wells all placed and the additional wells all

20 pinpointed. This particular plan does not. I have trouble

21 figuring out why that was not completed before you had this

22 meeting.

23 FRANK VAVRA: I think one of the things you have

24 to recognize, Don, is at the Westinghouse plant site, Bruce

25 talked about this earlier, and again I didn't want to get-

56 ARSOO 156Alicia K. Wooters, RPROfficial Court Reporter

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1 too bogged down in technical details of each particular~1 ' 'i_| 2 remedy because there was so much to cover.

3 However, at the Hunterstown Road site, we have a

4 downgradient where at the Westinghouse plant site we had an

5 upgradient. It was a relatively simple situation to look at

6 the Westinghouse plant site and know exactly where we had to

7 place some pumping wells which were fairly limited in naturet

8 right along in that contaminated bedding plane and then to

9 create some wells off site to capture where it escaped the

10 first capture zone.«.

11 However, although it's indicated in the ROD, you'll

12 notice where those locations are indicated there is a

13 caveat. This became an issue with Westinghouse because

14 there had been a graphical glitch in one of the scales on

15 that drawing. However, at the very bottom of that there was

16 a qualifier that said this is merely conceptual and that the

17 actual locations were to be determined during remedial

18 design.

19 This situation is much more complicated than the plant.

20 At the plant site the bedding planes that Bruce talked about

21 were pointed down like this. Because it was next to a

22 creek, it appeared to be in a discharge zone. We had

23 greater pressures at depth in many of the units than we did

24 higher. This indicates that water was flowing up

25 discharging to the creek. In discussions with USGS, they

57

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1 confirmed that and said they weren't at all surprised by

2 that. The net effect was it tended to limit the downward

3 migration of contamination and moved it upward.

4 In this situation, we have contamination at great depth

5 and while we have quite a few wells in the area, we don't

6 have enough wells to absolutely pin down exactly what the

7 plume looks like and its exact extent and we're going to

8 have to see how the aquifer responds there after we get some

9 wells in.

10 This design for Hunterstown Road site because of

11 complexity is likely to iterative. We will place wells. We

12 will see what happens. We're probably going to have to

13 adjust well locations, add additional wells as it

14 progresses. It was actually at my direction to Westinghouse

15 that I asked them not to place those wells for the reason of

16 technical uncertainty at this point in time. We are not in

17 agreement. To come to an agreement where wells will be

18 placed will probably involve several meetings with our

19 geologist and Westinghouse and the other PRP's to decide

20 where these wells should be placed to affect the capture

21 zones we want to do. This is going to have to be determined

22 during remedial design and it's somewhat iterative.

23 Also, placement of wells often it's not just one place

24 that you can go to. Some of these wells are likely to

25 involve other people's properties. I see no point in

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1 putting a- well on a map that's likely to change in getting

2 some property owner upset about its location. We're going

3 to have to design these. We're going to interact with the

4 community and find out what are the acceptable locations and

5 where we can do this without causing someone too much —

6 DON WADDELL: Some of those wells may have to be

7 drilled in the Twin Oaks area. That's the development

8 there, because that's the way the plume is moving.

9 MERLE HANKEY: Southwest.

10 DON WADDELL: It's going to surface somewhere. In

11 my understanding through discussions with you and different

12 other people, it's going to surface probably in around the

13 Rock Creek area, which is immediately behind Twin-Oaks; is

14 that correct?

15 FRANK VAVRA: I'd have to have a map showing the "*

16 Twin Oaks development. I don't think so. The USGS —

17 DON WADDELL: Twin Oaks is between the plume now

18 and Rock Creek.

19 FRANK VAVRA: If I'm sounding stupid, Bruce,

20 correct me. This is kind of the planes that we talked

21 about. The idea is that let's say this here area in blue is

22 drum burial area one. The idea is that it would move down

23 through that hydrogeologic unit and eventually reemerge.

24 This depth from what you're talking about would probably be

25 the Twin Oaks development where we believe it's too deep,

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1 but I'll Jrreely say we need more wells. We need to know

2 that. At this point in time that plume has not been closed.

3 It has to be.

4 As part of the proposed plan we talked-about

5 identifying this area with the help of USGS is either doing

6 the work or providing oversight and direction to the PRP's

7 who conduct this study and we will identify this dischargeX

8 area and we'll place monitoring wells down in that area.

9 USGS said that also most of this may be going so deep it

10 will take a very, very long time period to emerge. It may

11 not even have gotten there yet.

12 JIM SPONTAK: That discharge area may be many,

13 many miles away from that. I think I know where you're

14 talking about. That isn't that far away.

15 DON WADDELL: Then you go many, many miles that

16 you're talking about, then you're talking about Gettysburg

17 municipal wells, because they are two mile away.

18 FRANK VAVRA: We also looked at that and consulted

19 with USGS and the well, I guess it's well number five that's

20 south along Hunterstown Road, that was the only one close

21 enough to be of immediate concern and they believed that it

22 was too far. I think it's too far to the east of that.

23 It's on the same side of the ROD as the lagoon and the

24 bedding plane dips go this way. The municipal wells will be

25 pulling water from an area over here.

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1 .. MERLE HANKEY: Quarter of a mile from where you

2 said it may surface, which is two wells and one Gettysburg

3 municipal authority is using right now is not well number

4 five.

5 FRANK VAVRA: We can talk, you can show me on a

6 map what your concern is. We looked at the well locations

7 that we know about to date. I understand they were placingf

8 some new wells when I talked to the MUA and they told me

9 those were far away from the area of contamination. In

10 fact, we sent them a map showing the corridors of

11 contamination. We were concerned about either development

12 or placement of industrial park or any new municipal wells.

13 My understanding is they stayed far away from those areas in

14 placing their new wells, but I could certainly get you more

15 information on that after the meeting and follow-up on the "IP

16 issue.

17 MERLE HANKEY: Page five and six of the plan you

18 discuss the site environmental history. Back when you did

19 the removal—

20 FRANK VAVRA: I'm sorry?

21 MERLE HANKEY: Page five and six. Back when you

22 did the drum removal area from the burial areas, it says

23 here that Westinghouse used an air stripper and discharged

24 the treated water into the middle and west streams. Was

25 that treated water water containing volatiles? What did

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1 that watej: contain?

" 2 FRANK VAVRA: That contained volatiles. I believe

3 it was discharged into the west stream which merges with the

4 middle stream. I don't believe it was directly discharged.

5 MERLE HANKEY: Did they require any permits to do

6 that?

7 FRANK VAVRA: Yes.t

8 MERLE HANKEY: Did they obtain those permits?

9 FRANK VAVRA: They got the limits from DER. Shaun

10 Rosenberger was the project officer at that point.

11 MERLE HANKEY: Did that require an MPD's permit?

12 FRANK VAVRA: I think it's equivalent.

13 MERLE HANKEY: With MPD is there is a public

14 comment period? In fact, until I got this I didn't even

15 know it was done out there. I didn't know there was a

16 discharge into the stream out there.

17 FRANK VAVRA: The MPD's permitting requirement

18 takes a lot of work to get that and often years to do that.

19 If the people had to go through that to discharge a small

20 amount of water as we did this remedial work, none of these

21 sites would ever get cleaned up, Merle.

22 JIM SPONTAK: There is a waiver under the law says

23 they just have to meet the substantial requirements of

24 permit. They don't have to get the permit. They have to

25 meet the limits. As long as we approve the limits, that's

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1 fine and -it was only done on a temporary basis as Frank

2 said.

3 MERLE HANKEY: I was concerned about that. I

4 didn't know it was done over there. It was my understanding

5 that the stuff was hauled off site.

6 FRANK VAVRA: No.

7 MERLE HANKEY: To another facility.

8 KEN BIRD: Could I clarify that? The water we're

9 talking about, Mr. Hankey, is the hole was dug and the drums

10 were taken off site, any water in excavation was taken off

11 site. . It was left open for a couple of years and it filled

12 with water. That is the water they are talking about

13 discharging. It wasn't any water during the actual removal

14 action. The hole was left open in both one and two. That

15 is when it was taken off site a couple years later. It was

16 treated with the air stripper.

17 MERLE HANKEY: I don't believe it was several

18 years. Several years means two years.

19 KEN BIRD: I don't know, a year later. I don't

20 know exact date.

21 FRANK VAVRA: I believe it was a year and a half.

22 BRUCE RUNDELL: I think the point is it was

23 treated before it was put in the streams. Run through the

24 air strippers.

25 MERLE HANKEY: It was my understanding that

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1 anything -that came into those drum burial areas as far as

2 leaching into those areas were removed off site in tank

3 trucks. I didn't know anything had been stripped on the

4 ' site and until I read this it was news to me, and I was just

5 wondering how it took place and what exactly was in the

6 water that was treated.

7 DON WADDELL: In the feasibility study, it talkedf

8 about the borrow area indicating about asbestos and

9 indicated that several feet of cover was put on and then

10 during the RI they said that they sampled it and there was

11 no asbestos. However, in the feasibility study they said it

12 was. How deep did they go whenever they took their samples,

13 their second set of samples?

14 FRANK VAVRA: My understanding of chronology is

15 there was a removal action. First there were large piles

16 taken away, and I believe there was a subsequent removal

17 action where some residual was taken away and then there was

18 about four inches, four inches of straw and two inches of

19 soil. There was a relatively small amount of cover placed

20 over top of plastic tarp. This was done by the removal

21 group.

22 The sampling that was done in the borrow area, it was

23 various levels, many of those were near the surface and

24 you're probably correct they should have been taken deeper

25 and in fact I think I've even discussed that in the proposed

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1 plan in the background. I was not aware of that at that

2 point in time that that cover had been placed and

3 unfortunately the documents were in the removal group

4 ' apparently not in the file room when I was doing the

5 sampling locations. Those materials were probably, I will

6 admit, probably most of those samples were taken from too

7 shallow a horizon. I discovered that later on and it's part

8 of my decision to include that borrow area as part of the

9 soil cover to make sure that there is enough safety factor

10 there for the amount of residual asbestos that's left there.

11 A soil cover is fully protective and that's what would be

12 done in most cases for asbestos contamination.

13 MERLE HANKEY: This is concerning drum burial area

14 one behind Fred Shealer's house. What you say here on page

15 eight at the top is TCE present in ground water at 26

16 thousand parts per billion but the highest level in soil

17 currently is nine hundred forty parts per billion. The

18 gasoline constituents, xylenes and ethylbenzene are present

19 in soils at higher levels than TCE but are not contaminating

20 the ground water.

21 What would have been the source of the xylenes and

22 ethylbenizene and have the underground fuel storage tanks

23 been removed.

24 FRANK VAVRA: The xylenes were at the bottom of

25 the pit. They are unrelated in my opinion to Fred Shealer's

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1 tanks on -his active property. As you know that was brought

2 to my attention by Mary Kennedy approximately a year and a

3 half ago, and I followed up with our underground storage

4 tank program and they contacted the state. 'EPA does not

5 have enforcement authority for Fred's property. It's not

6 part of the Superfund Site.

7 We have wells located that would intercept

8 contamination emanating from Fred's property down to the

9 ground water table and in fact that was looked at to see if

10 in fact that could have been a cause. You can look, in

11 fact, .some of the wells are even delegated S. I believe FS

12 for Fred, Fred Shealer. They actually were trying to see if

13 his property could have been causing some of the

14 contamination behind there and we do not find those oily

15 contaminants. Those are very common contaminants,

16 constituents in gasoline. All the petroleum companies add

17 very large amounts of xylenes and toluene in gasoline to

18 bring the octane up.

19 MERLE HANKEY: What would have been the source of

20 them in the pit? Did any of the responsible parties have

21 that in their waste streams?

22 FRANK VAVRA: If I had to take a wild guess, I

23 wouldn't be surprised if in'fact Fred Shealer was the source

24 of that. It could have been old drums of gasoline or oil or

25 something of that nature.

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1 -MERLE HANKEY: Since this isn't your

2 responsibility as to whether the tanks have been removed or '

3 not it falls into the lap of DER then, doesn't it?

4 . FRANK VAVRA: They have enforcement authority.

5 MERLE HANKEY: I'll direct my question to Mr.

6 Spontak. Mr. Spontak, do you have any information as to

7 whether those tanks have been removed?t

8 JIM SPONTAK: None whatsoever.

9 MERLE HANKEY: Can you find out?

10 JIM SPONTAK: I can find out if they are

11 registered and what information we have on file about his

12 tanks.

13 DON WADDELL: As you know, Frank, I am very much

14 concerned about your recommendation for the cornfield. You

15 received a letter that I wrote sometime last year voicing my

16 concerns. On page ten next to the last paragraph, quote,

17 "EPA usually considers remedial action necessary for soil

18 areas based on future use." Would you explain that, what

19 that means?

20 FRANK VAVRA: What that means is that, for

21 instance, if EPA, if there are MCL, maximum contaminant

22 level violations of drinking water where contaminants are in

23 drinking water on a property, they are not outside that

24 property. No one outside that property is using that

25 drinking water and no one seems to have contaminated wells,

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1 even if the property owner doesn't plan to use that wateri—̂ x

2 for drinking water, we would still generally try to mitigate

3 aquifer contamination and reach those standards.

4 It's a similar concept on the Hunterstown Road site in

5 that we have contaminants on the site in the lagoon

6 vegetation area and cornfields that right now are not

7 impacting people. People surrounding that site are not

8 impacted by the soils based on the calculations and the risk

9 assessment. However, if someone were to live there without

10 taking any additional mitigating measures, then they would

11 be exposed to unacceptable risk and this is why we have

12 triggered action and it's the basis for the remedies we're

13 proposing.

14 DON WADDELL: My understanding of that statement

15 is entirely different than yours. I thought it meant that

16 you would consider the future use of the soil. In other

17 words,, like I said in my letter, turn it back to its

18 intended use, farm lands and whatever and EPA does not

19 consider that in their decision. What it was used for

20 before?

21 FRANK VAVRA: EPA does consider that. We are to

22 weigh that against other factors. We do consider, we do

23 consider future use. The future use I was referring to and

24 the way it was used in that paragraph is in the discussion

25 of risk.

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1 For -instance, if you go to the risk assessment, they

2 look at risk from a multitude of scenarios. They can look

3 at risk to off-site residents. They can look at near site

4 residents. They can look at people living on the site if

5 nothing were done. They can look at children. They can

6 look at young children because the risks across the board

7 are not the same for everyone. Children are more sensitive/ f

8 to certain contaminants.

9 What I was referring to with future use, the future use

10 scenario where somebody actually lived on the site and how

11 that blends into risk and why I have to take an action.

12 Essentially it's laying out the justification for taking

13 action. EPA also considers in its decisions the future use

14 of that property and weighs that against the cost of

15 restoring that property to its past use.

16 MERLE HANKEY: We're going to get into a

17 discussion about future use of the ground water and the

18 associated risk. According to the statement on page eleven,

19 the highest site risks from ground water use are derived

20 from a future use scenario with children drinking the water

21 from wells in the most contaminated portions of the plumes

22 on the Shealer property. Does that mean the plumes on the

23 Shealer property or does that mean the plumes that are now

24 off of the Shealer property?

25 FRANK VAVRA: That's assuming that if we placed —

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1 do you remember the graphs that Bruce had that showed the

2 contaminant levels and it showed the heart of contamination.

3 The highest levels, that risk assessment assumed that you

4 popped the well in the very worst part of that plume. You

5 found the most contaminated portion of ground water and you

6 had those children drinking that ground water.

7 MERLE HANKEY: Whether it be on the Shealer»

8 property or off Shealer property?

9 FRANK VAVRA: Right. In either case.

10 MERLE HANKEY: You can put institutional controls

11 on Fred Shealer's property but as we discussed before,

12 you're going to have a lot harder time placing institutional

13 controls off of Fred Shealer's property and what my concern

14 was with this, are they taking in the possible future use

15 into their future use scenario that they are not going to be

16 on Fred Shealer's property with these institutional

17 controls, they are going to be off site, off property?

18 FRANK VAVRA: Of course. All this is trying to do

19 is point out the maximum risk because EPA looks at these

20 areas for trigger levels and all this is doing is it's

21 pointing out where the ground water contamination is well

22 above the trigger levels that would mobilize EPA to t.ake

23 action for that ground water plume.

24 It's stating here's the worst case, it's really bad.

25 We have got to do something. That's all it's saying. It's

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1 not saying the off site water doesn't have to be remediated.

2 It's not saying that children drinking the off site water |̂|)

3 would be okay. It's just showing that we have got a very

4 strong trigger for action. That is all the point that's

5 making.

6 JIM SPONTAK: If I can add something to that. One

7 of the comments the state made, we wanted the ground water

8 remediated to its background quality and EPA put that in the

9 plan for us. As technologically feasible it can be done.

10 You can't pump water up for seven hundred, eight hundred,

11 nine hundred feet, you can't do it. They will try to

12 remediate the ground water until the contamination is gone.

13 I think that's what you're getting at.

14 MERLE HANKEY: Well, I looked at this and I sawill15 your calculations and how you came up with a hazard index ~™

16 and I was just concerned, because I'm not totally

17 understanding of all of this, but I can read what is here

18 and what I had read was that my understanding that this

19 concern, the portion of the plume on the Shealer property

20 which we know you can put institutional controls on for the

21 use of ground water and there is a water line in that

22 neighborhood but there are people that could possibly buy

23 property out there and develop it and use that property and

24 I just wondered if that was also taken into consideration in

25 the calculations.*

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1 .. FRANK VAVRA: It says all water contaminated above

2 background and above eight hundred feet in depth.

3 MERLE HANKEY: In your summary of alternatives,

4 the. feasibility study reviewed a variety of•technologies to

5 determine if they were applicable to the contamination at

6 the site. Who determined what technologies were to be

7 considered? In other words, Westinghouse contractor, were

8 they given a list of all possible alternatives, the

9 technologies to use for ground water remediation, for soil

10 remediation or did they just have a list from somewhere

11 else.

12 In other words, were all the possible, were all the

13 possibilities explored, all the innovative technologies

14 explored. You were given a certain amount of technologies

15 to remediate the soil, a certain amount of technologies to

16 remediate the water. If it's going to take thirty years to

17 remediate the water or longer, that's too long. If there's

18 another technology that might be faster, it could be

19 explored. What I was wondering is or what I'd like to know

20 is where did Westinghouse come up with their -- or their

21 contractor come up with the list of alternatives? From

22 looking at their list of alternatives, they don't have all

23 the latest innovative technologies listed there.

24 FRANK VAVRA: What do you mean by latest

25 innovative technology? What do you have in mind?

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1 .MERLE HANKEY: The EPA has a group called the

2 superfund innovative technology evaluation program.

3 FRANK VAVRA: That's a site program and

4 essentially what the site program is, I wouldn't quite call

5 it experimental technologies but those are technologies that

6 are under development and there are cases where the site

7 program identifies a technology they want to test out and in

8 fact they will send bulletins across the regions to see if

9 we have certain sites that fit a category.

10 Also if an RPM reads there a certain technology that

11 has promise, they can contact the office of research and

12 development. I think you have to be reasonable in what is

13 expected in the feasibility study. There were numerous

14 technologies that were evaluated. I think all the major

15 classes were. I can't guarantee that every single

16 technology that's possible was evaluated but what I can tell

17 you is I looked through the screening process and all the

18 major ones that have potential in my opinion for this site

19 were looked at. If they weren't, we don't have to stay with

20 those. We would have included something in the comments to

21 add something to those.

22 DNAPLs and fractured bedrock, pump and treat are still

23 the way people are attacking this. There is a lot of talk

24 about biotechnology but that's far from proven and in a

25 fractured bedrock system you have to inject nutrients down

73

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1 there and you can't control that very well.

2 All this is detailed in the feasibility study and I

3 think Riso did a pretty good job of listing the major

4 ' technologies, and I agreed with the general reasons for

5 screening out the ones that were screened out.

6 There is also citizens as well as wanting innovative

7 technology you have to also be concerned about the^

8 reliability and the proven track record of the remedy

9 selected for the site. Yes, we want to select innovative

10 technology where it looks promising and has a good chance of

11 success, but your neighborhoods are not experimental

12 programs. I have to as project manager make sure things are

13 selected that have a good probability of being successful.

14 - MERLE HANKEY: It seems we're guinea pigs. We

15 drank the water and stuff. Now everybody is going to wait

16 and see what happens to us. My main concern, was every

17 possibility explored? I think you answered that, if you

18 were satisfied.

19 FRANK VAVRA: I was satisfied with what was looked

20 at. I want to add, we had meetings with Westinghouse and

21 Paul Riso and we essentially told them in addition to the

22 things they looked at, we had certain things we definitely

23 wanted them to include. Westinghouse wasn't necessarily in

24 agreement in all the things we wanted to look at either.

25 Yes, we were certainly involved in the process.

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1 .. MERLE HANKEY: On page 15 under ground water

2 alternatives, you may have discussed this before, but I'm

3 not exactly sure how this is going to be done. At the

4 ' bottom of page 15 in talking about the remediation of ground

5 water at the very bottom, "Only if the very deep ground

6 water re-emerges and discharges at usable well depths far

7 from the site would it pose a threat. EPA plans to addressr

8 this issue as part of the remedial action monitoring well

9 network. If contaminated ground water does surface and

10 discharge, it could then be captured and treated at

11 reasonable depth."

12 My question here is how would this be determined? How

13 would you know that the stuff is re-emerging? How will you

14 know when it's re-emerging and where it's re-emerging just

15 by your monitoring well network? ™r

16 FRANK VAVRA: No. We had USGS review this. The

17 person that reviewed it, Charles Wood, has extensive

18 background in the Gettysburg formation. He's helped

19 municipalities locate its municipal wells. He's written

20 books and articles on the Gettysburg formation. He

21 understands it pretty well.

22 EPA, because they are concerned about this type of

23 issue, has number one, for our site, we consulted with them

24 and we got advice to what the ultimate discharge points

25 might be. They suggested to us technical means for

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1 identifying those areas and as I stated earlier either USGS

2 will do that work and they can do it pretty modestly or the

3 PRP's will do the work and USGS will be looking over their

4 shoulder to identify those areas. Then monitoring wells

5 would be placed in that area where USGS and EPA

6 hydrogeologists believe has a high probability of

7 re-emerging, we would try to identify that area. If in fact

8 you would find contamination, then it might be necessary to

9 place a pumping system at that point. We know that it's

10 escaping. We know it's going down the great depth. We plan

11 as part of monitoring requirements of proposed alternative,

12 we would identify that area and try to take appropriate

13 action.

14 MERLE HANKEY: My concern here is that if there is

15 a possibility that it could pose a threat that you find it

16 in time.

17 On page 16, "Common elements of all ground water

18 remedies" that paragraph where you talk about deed

19 restrictions on the Shealer property. Just what exactly

20 would those deed restrictions be?

21 FRANK VAVRA: The deed restriction would be

22 primarily for the use of ground water on his property and if

23 in fact this proposed plan were to be accepted and issued as

24 a record decision unchanged, it would probably also place

25 restrictions on any areas that were covered by the soil

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1 cover. He simply couldn't use that area as farmland or

2 something else. Essentially the soil covers would be

3 reseeded. There would be a fence enclosing those areas to

4 prevent damage by our recreational vehicles or whatever. It

5 would lock them out and it would be reseeded. We would

6 relandscape around the fence with shrubs or something like

7 that to try to buffer it for the neighborhood. Those are

8 the type things.

9 MERLE HANKEY: It will be green but it won't be

10 clean in other words?

11 FRANK VAVRA: Clean is a relative term, Merle. We

12 have to look when we select — we have to look when we

13 select these at the amount of risk reduction we're getting

14 for the dollar spent. If you're talking between two million

15 and 19 million to try to remediate to take that away and "P

16 fill the landfill up with the huge amount of cubic yards at

17 that site, removing it from one place to another, it just

18 doesn't make a lot of sense. You're not getting a risk

19 reduction for the dollar on that.

20 MERLE HANKEY: I think personally if a company

21 like Westinghouse comes out and they come out and they have

22 somebody dispose of waste on someone else's property or

23 however it ended up out there on Shealer's property that the

24 stuff ought to be removed from the site. I think that would

25 give Westinghouse and all the other companies that might

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1 think in -the future about doing something like that not be

2 given an alternative like, okay, well instead of having to

3 spend 15 million dollars to remove the stuff from the site

4 like it should be done, we're only going to-have to pay

5 point zero three million dollars and cover it up with dirt

6 and plant grass on it and not have to worry about it.

7 I think that if the EPA gets tough enough or I'm sorry

8 if you had laws tough enough, you could enforce some of

9 these things. Maybe a lot of these companies wouldn't do

10 this kind of thing in the future. I think some of these

11 companies should be made examples of. The people in the

12 neighborhoods, whether they own that property or whether

13 they live around it shouldn't have to live with that stuff

14 there. They've lived with it in the neighborhoods for over

15 20 years. Now it's time for it to be gotten ride of. Let

16 it go back to Westinghouse or the other companies. Let them

17 put it. on their lands and cover it with a geonet and put

18 grass on it and let them babysit it for the next 50 years,

19 but I think it ought to be gotten out of our neighborhoods.

20 FRANK VAVRA: Your problem and your frustration go

21 back to some of the discussions we have had in the past.

22 You really believe there should be two standards. You

23 appreciate in situations where there's no -- when identified

24 the tax payer money in many cases needs to be considered and

25 you do have to look at the risk reduction for the amount of

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1 money spent, but where you have a company there really

2 should be no limits even if it's an old tire, they should

3 have to take it away. That's not the way EPA policy works.

4 There is one set of limits based on risk. We have to follow

5 that policy both on enforcement sites and on Superfund

6 sites.

7 MERLE HANKEY: I understand. I'm sorry. I blowf

8 up sometimes but ten years has taken a toll on me. To get

9 into a discussion about the geonet, just exactly how does

10 the geonet work and what does it do?

11 FRANK VAVRA: The geotextile, what we're putting

12 down, it's essentially a plastic cloth. Its purpose is not

13 to prevent water from moving through it. In fact., it should

14 be permeable. It's supposed to be permeable. What it does

15 for me as project manager, I look at a soil cover and if we ™P

16 put a foot and a half soil on top of this geotextile which

17 is visually, you can tell that from soil, my concern is we

18 could put a soil cover if the PRP's would not maintain that

19 soil cover properly over time it could be eroded. How do

20 you tell that? I mean, you're not going to be able to go

21 out there with a survey routinely day after day and tell in

22 fact it eroded and now the other soil is exposed. So the

23 purpose of this is by placing that geotextile over the area

24 before the soil cover is placed if you can see, if you can

25 see the geotextile, then that means that you've gotten down

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1 and your -soil cover is eroded and it needs maintenance.

2 It's a visual indicator. Like a soil cover has been damaged

3 and eroded. That's the purpose.

4 MERLE HANKEY: Does the geonet get put down over

5 bare ground? On these sites you have vegetation. You have

6 shrubs. You have plant life. You have trees. Is all that

7 stuff taken off there before the geonet is put down?

8 FRANK VAVRA: No. They are going to have to do

9 some site preparation.

10 MERLE.HANKEY: Disturbing the site?

11 FRANK VAVRA: There will be some benefit to that

12 because what will happen, they do the earth moving, it's

13 going to move some of that material around. The highest

14 levels within one or two feet of surface and as they —

15 MERLE HANKEY: Seventy-two inches is pretty

16 contaminated, down to seventy-two inches also you know.

17 FRANK VAVRA: Maybe isolated. Not on an average,

18 Merle. The material would be taken away. The vegetative

19 cover removed and then regraded and then the geotextile

20 placed on top of that and then the soil cover laid down.

21 MERLE HANKEY: You know how I feel. I don't like

22 the geonet. I think the stuff ought to be removed and it

23 ought to be not fooled with anymore. Just taken away and

24 get rid of it and put some clean soil on it and let some

25 cornfields go back in there and that will be fine.

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1 - FRANK VAVRA: Even if we were to do that, that's

2 not how the site would work. As we stated earlier, we have

3 dense non-aqueous phase liquids down at bedrock. We're

4 going to have a pump and treat system. We're going to be

5 pumping wells located on that property. We're going to have

6 many folds to capture that water and transport it to a

7 treatment system. Probably a lot of that will be under

8 ground. It won't be that visually evident but the point is

9 that use because of ground water cleanup is going to be

10 restricted regardless until the ground water is cleaned up,

11 which is likely to be a fairly long time.

12 DON WADDELL: You're planning on putting the

13 netting over the borrow area including the stress vegetation

14 area and both cornfields?

15 FRANK VAVRA: That's correct. Before we do that

16 we'll be excavating the stress vegetation area and the

17 lagoon area and treating those soils, backfill and then the

18 soil cover will cover the whole area.

19 DON WADDELL: What about the edges of this thing?

20 How do you seal the edges that you say prevent the

21 contaminants from moving down but what about lateral. I

22 mean, water going under this net, how do you seal that?

23 FRANK VAVRA: Those metals are not traveling. If

24 they were traveling to any significant extent, you'd see

25 them in the ground water.

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1 - JEFFREY PIKE: We would also make sure the cover

2 extends far enough we have the contaminated areas covered.

3 It wouldn't be traveling laterally.

4 . MERLE HANKEY: You are going to go beyond the

5 bounds of contaminated areas and put geonet and soil?

6 FRANK VAVRA: You can see what we plan up there.

7 MERLE HANKEY: Okay. That doesn't really

8 explain—

9 FRANK VAVRA: My point is, the way their

10 contractors identified these areas with the dotted, you can

11 see we're over extending. In addition, we have added an

12 alternative that was not included in the FS the EPA

13 developed of adding this segment to cover these in addition,

14 because we believe the amount of topsoil that was indicated

15 in the FS is insufficient for a good vegetative cover so we

16 would add additional topsoil over here with the soil cover

17 that would over extend these areas after they were

18 excavated. It would table these areas which I said were

19 quite likely to be contaminated. During the RI, samples

20 were not taken from this area. They are outside the area,

21 but we think it's prudent to extend the cover out to the

22 stream.

23 . DON WADDELL: On the wet area, wetland area, how

24 does that work? You say you got the stressed area and the

25 borrow area and even some of the lagoon area is wetland, how

82AR500I82Alicia K. Wooters, RPR ~

Official Court Reporter

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1 does that netting work in a wetland area? How do you cover

2 it or how do you maintain it?

3 FRANK VAVRA: It's not going to make any

4 difference. You're going -- they are going-to do the site

5 preparation. They'll place the netting, then they'll place

6 the soil cover and they'll reseed. Some areas that are low

7 enough may actually reestablish some wetlands type*

8 vegetation but then some areas will be a little higher

9 because of the soil cover and they may not be able to

10 support the wetlands vegetation as well and therefore,

11 that's, why we propose creating that wetlands area down at

12 the other end of the site, to replace areas that have been

13 damaged by remedial action.

14 MERLE HANKEY: Concerning the discharge from your

15 pump and treat system going into the stream, how often would

16 that discharge be monitored to see that they are complying

17 with the regulations for the limits or whatever? How often

18 would that be checked to make sure the pumping system is

19 working?

20 FRANK VAVRA: This is a proposed-plan at this

21 point in time. I haven't finalized that exact detail.

22 MERLE HANKEY: Is there a standard?

23 JEFFREY PIKE: Follow the standard MPD'S

24 monitoring process, once monthly.

25 MERLE HANKEY: That would be require an MPD'S

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1 permit, that would be monthly.

jfll 2 FRANK VAVRA: It doesn't require a permit.

3 Discharging on site does not require a permit. We have to

4 ' meet levels acceptable to DER, but we don't1have to go

5 through the paperwork requirements required in a MPD'S

6 permit. We just have to meet those levels. Monitoring is a

7 substantive requirement and as Jeff pointed out we have to

8 comply with whatever it was.

9 DON WADDELL: Is there going to be a public

10 meeting whenever you determine where the stripping tower

11 will be located and so on? Is a public meeting required for

12 that? In other words, you won't put it in somebody's back

13 yards without first talking to them?

14 FRANK VAVRA: I don't believe there's a public

15 meeting required under CERCLA. We would certainly intend to

16 have one and it's common to have one in the early phases of

17 design. We have already talked about what my initial

18 thoughts are about some of the places.

19 DON WADDELL: We didn't talk about if there would

20 be a public comment period or something.

21 FRANK VAVRA: There's not a true public comment

22 period included in that we would do public interaction and

23 we certainly will get the citizens opinions during that

24 design.

25 JEFFREY PIKE: We'd like to get enough through the

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1 design pr-ocess so we have to show you proposed locations,

2 etc. so we would commit to have a meeting or come out and |̂|)

3 meet individually with interested groups or people at that

4 • time.

5 DON WADDELL: Do you have any time frame for that?

6 JEFFREY PIKE: Generally as far as a meeting

7 format would be appropriate around 60 to 90 percent design,

8 about that far through the process, we would have locations

9 proposed, etc. The time frame on that for design and Frank

10 can address that.

11 FRANK VAVRA: I think we'd have to have

12 interaction earlier than that in this particular instance.

13 Especially since because of the complexities of design,

14 we're leaving some of these issues open. I would tend to

15 think that during the preliminary design, like thirty "P

16 percent design, we would come out and talk to the residents.

17 MERLE HANKEY: When you have your breakdown here

18 showing all your costs and everything and your time to

19 implementation, what exactly is the time for implementation?

20 In other words, when does that start? When does that 17

21 months start?

22 FRANK VAVRA: Timed implement includes the design

23 phase.

24 MERLE HANKEY: That's what I wanted to know.

25 FRANK VAVRA: It assumes you're done all the

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1 negotiations phase. It's not from tonight. It's time to" '2 implement.

3 MERLE HANKEY: I just wanted to know what point in

4 time after tonight would that start. After-this would be

5 included as part of the design phase, right?

6 FRANK VAVRA: This would include both the design

7 and remedial action.

8 MERLE HANKEY: In other words, the actual design

9 and construction clean up?

10 FRANK VAVRA: Right. From the time that we had an

11 agreement with PRP's or from the time that we had a

12 contractor where we received bids and accepted them and they

13 were ready to roll and started under the fund, that time

14 frame. I have to tell you that time, frame is very loose.

15 One of the things this is a scoping, this is a scoping

16 design, Merle, and frankly, until you start getting into

17 detail design and seeing the interactions of all these

18 things that are finally selected at this point in time, this

19 is not a remedy. We haven't selected a remedy. We're

20 proposing one and until we have that and know how we're

21 going to sequence everything, those numbers are going to

22 have a lot of slack in them. There is just no way around

23 that.

24 MERLE HANKEY: I can understand how time frames

25 can be loose because whenever we had a meeting with EPA six

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Alicia K. Wooters, RPR ARSOO 186Official Court Reporter

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1 years ago. concerning the RI/FS we were told it was going to

2 take eighteen months. Now here we are six years later, so

3 we know how time frames can expand.

4 . Concerning the responsibilities of the'responsible

5 parties for these sites, do you have individual areas of

6 responsibility? Like do some of them have certain things

7 that they are responsible for like ground water? You have a»

8 multitude of responsible parties here. Are there separate

9 responsibilities for this site?

10 FRANK VAVRA: We don't have a ROD let alone an

11 agreement at this point in time. What I can tell you is in

12 our records, and it's factual, is that the responsible

13 parties came to agreement among themself in the past as to

14 how much was paid for each area. However, during remedial

15 design, remedial action that could change drastically. "P

16 MERLE HANKEY: Because I remember you said

17 something before at one of the public meetings that because

18 there were different types of wastes that were disposed in

19 different areas that maybe there would be different areas

20 that would be different responsible parties

21 responsibilities.

22 FRANK VAVRA: That's correct. Westinghouse

23 requested that we tie certain wells to certain units that we

24 were exploring so they could help apportion costs among

25 themself. EPA doesn't really care what those individual

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1 agreements are or who does what, we only care we get the

2 site cleaned up and we do whatever we can to facilitate

3 that.

4 MERLE HANKEY: I agree. Fencing for the site.

5 Once a decision is made that these things are going to be

6 done on the site and your final record of decision, are

7 these areas going to be fenced and made off limits or just

8 what is the story on the fencing? In other words, I have

9 seen some pretty shoddy fencing materials used that turn

10 into dilapidated fencing. Is there going to be any kind of

11 appropriate fencing put around these areas?

12 FRANK VAVRA: I think you have to be specific. , I

13 think for any soil cover that we have we clearly have to

14 limit access to that. It can be destroyed. I know even at

15 the site I have seen evidence of RV tracks and things like

16 that out at the site. Once we put a soil cover on, that

17 simply can't persist. We have had protracted discussions

18 with Westinghouse over site security and fencing. I agree

19 with you. I'm not all that happy with site security myself

20 right now. During the remedial action it will be written

21 into the ROD specifying what needs to be done and we will

22 have adequate security for those areas.

23 MERLE HANKEY: Site security on these sites has

24 been really sloppy. It originally started out it was

25 supposed to be monthly inspections on these sites and then

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1 the last .thing I heard it was quarterly inspections, and I

2 requested information through Freedom of Information Act and

3 it looked like quarterly inspections were missed on these

4 sites.

5 It doesn't look like you guys are enforcing these

6 inspections. At the very least, enforce the inspections,\-

7 make sure the security fences on these sites are still int

8 place to keep people out of those areas. I can see it from

9 Shriver's Corner, the fence lays down, the fabric filter

10 fence lays down and it will lay there for six months. I can

11 get some response if I call somebody about it, but I don't

12 feel I should have to call somebody. They should be out

13 there inspecting that site regularly like they are required

14 to under their what, Section 106 order or consent agreement

15 or whatever they had.

16 FRANK VAVRA: They do submit the information. I

17 just received recently a report from them that indicated the

18 fence had been down and it had been placed and repaired. I

19 was out there today and I looked at it and it is up. You're

20 right, it's only a snow fence and it doesn't take a whole

21 lot to knock that down and that's part of the problem.

22 MERLE HANKEY: This follows into your soil cover

23 over the geonet. Are they going to be a lot more

24 responsible in their investigations of the soil cover on the

25 geonet or can we expect there's going to be great areas that

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1 are going, to end up being exposed and what's it going to

2 take? Is it going to take citizens having to look out over

3 the field with binoculars to report this or can we expect

4 that something is going to be adequately provided here?

5 FRANK VAVRA: I think the problem is the actual

6 fence installed there is not very durable. A snow fence

7 simply is not durable. It can be knocked down by wind or

8 kids or whatever. We need something permanent and that's

9 what we would be doing to protect the remedy.

10 MERLE HANKEY: What I was discussing was the lax

11 investigation that is taking place right now. If you put

12 this geonet down and you cover it with soil and low and

13 behold the only way we can tell if everything is okay is if

14 we see this geonet. If they aren't doing the inspections

15 like they aren't doing them now, nobody will know. It's not

16 being covered properly. I'm hoping in the future these

17 inspections are looked after a little bit more closely.

18 JEFFREY PIKE: Your comment is noted and we will

19 also consider that when we get to the next phase of working

20 out agreements with people to do this work and take that

21 into consideration when we develop those agreements and the

22 requirements of that.

23 MERLE HANKEY: Hopefully this will be my last

24 question or comment.

25 JIM SPONTAK: For the state's part, I have been on

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1 those sites every month at least once a month.

2 MERLE HANKEY: Concerning the cornfields and the ^P

3 geonet and the soil cover, we have a project life of

4 approximately thirty years for the ground water, the soil

5 net or the net, the geonet, the soil cover is going to be

6 there forever? Is that what we can assume?

7 JEFFREY PIKE: Yes. It's a containment remedy.

8 MERLE HANKEY: It's going to require perpetual

9 care like a cemetery? Can we expect that's going to be done

10 perpetually? It's a good comparison, perpetual care like a

11 cemetery.

12 That's all I have. Thank you.

13 VIRGINIA MOSELEY: Any other questions or

14 comments?II15 Okay, if there are none, we will be staying, so if you ^|r

16 think of anything before you leave, please come up and ask

17 the gentlemen individually. I will be in the back. If

18 anyone wants some information sent, I will be glad to

19 accommodate you. Thank you very much for coming this

20 evening. We appreciate your attendance.

21 (Adjourned at 9:27 p.m.)

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2

3 I hereby certify that the proceedings and evidence are

4 contained fully and accurately in the notes taken by me on

5 the trial of the above cause and that this copy is a correct

6 transcript of the same.

7

8

9 DATED: May 24, 1993 C\

10 Alicia K. Wooters, RPR

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