Monthly Meeting Minutes - Nov. 17, 2021
PINE RIVER SUPERFUND CITIZEN TASK FORCE
General Membership Meeting Minutes
November 17, 2021
The meeting recording is available at the following web link with the password below, with timestamps included in minutes:
Meeting Recording: https://us02web.zoom.us/rec/share/wKTw5EYk7A-28B2hG8Bi_o7D-RFth52v3GDkuLM4k9mfgCumIwLBwbHJTebY25eE.4uFme-7dvdyi0KCu?startTime=1637193639000
The meeting began at 6:47 pm via Zoom with Secretary Brittany Fremion as host, with 18 participants.
Chairperson Jane Keon called the meeting to order at 7:00 pm.
I. Additions to Agenda: Correspondence and Communication
II. Approval of October minutes. (Tom Corbett and Doug Brecht)
III. Treasurer’s Report [00:01:20]: Gary Smith, Treasurer
A. October 2021
1. Gary continued his work to move the CAG account from Huntington Bank to Gratiot Community Credit Union to avoid ongoing challenges with account management and fees, and to bring our work back to a local institution. This has caused some issues with the website donation portal. Gary will keep both the old and new accounts open to make sure everything is settled before closing the Huntington Bank account.
2. This report is from the Huntington account. The General Fund Checking balance stands at $5,936.88 or $5,936.90 (ledger vs. bank report). The Money Market Account (Oxford Automotive settlement) has $63,780.70. TAG grant money available for the Former Plant Site (FPS) stands at $21,291.06 (the EPA awarded the CAG an additional $50,000 in TAG funding, which will be distributed in small increments). The Velsicol Burn Pit (VBS) has $48,698.38. Velsicol Burn Pit (VBP) Fund Checking has $131.52. The complete reports will be attached to the permanent minutes.
3. Memberships are $5/year and t-shirts (blue and grey) $12-15 each plus shipping. Send check to PO Box 172, St. Louis, MI 48880.
IV. Correspondence and Communication [00:17:10]: Jane Keon, Chair
A. Received Revised Scope of Work for Railroad sampling from EGLE. Erik will talk about more in his report (see below).
B. Jane shared an article about the new EPA Region 5 Administrator, Deborah Shore.
C. The CAG received a hyperlink to an NIEHS article about Dr. Michele Marcus and the PBB research at Emory University.
D. Presentations to CMU Environmental Justice classes by Ed Lorenz and Jane Keon on Velsicol last month. Jane’s focused on the history of Velsicol and the cleanup happening now; Ed discussed the mistakes that Velsicol made and what we can learn from them. Ed is doing a follow-up Zoom meeting with some of the students tomorrow.
E. The CAG received a response to a letter we sent to the EPA administrator in Washington, DC about adding the railroad property to the Velsicol site. The response indicated it wouldn't happen, coming from Region 5 rather than the administrator we reached out to. The CAG’s argument was that the truck traffic that traveled through the ANP carried contaminants, so we suspect that the railroad traffic likely did the same and should therefore be treated the same way. EPA said if contamination is found, the property owners are responsible for cleaning it up, which means some of it will fall to the dissolved trust, the railroad, and private property owner. Jane emphasized that are an environmental justice community and our residents don't have the capacity to clean up Velsicol’s mistakes. (This is discussed further during the EPA report, below.)
V. Program [00:21:40]: Brittany Fremion talked about how social justice enters into the PBB Oral History Project, and how collecting accounts from those affected by the PBB Disaster is a form of commemoration of the otherwise invisible event.
A. Brittany is an associate professor of history at CMU and project director for the Michigan PBB Oral History Project, inspired by community and academic partners at Emory University that maintain the Michigan PBB Registry. We also worked with researchers at the University of Michigan.
B. Through work with oral history project Brittany became involved with the CAG and is now secretary. At a meeting a few years ago, Ed Lorenz brought up a prior discussion with EPA to establish a community center on the Pine River that would interpret the history of the watershed, document efforts to address contamination, as well as provide St. Louis residents and those of surrounding areas with a place to learn and connect, in addition to access resources tied to the Superfund site(s).
C. Brittany collaborated with Clarke Historical Library Archivist, Marian Matyn, on an article focused on commemorating contamination, as grown from efforts to document community memories and efforts to address the PBB mix-up. They argue that documenting personal memories in a variety of formats and creating opportunities for community members to share their experiences should be considered forms of commemoration that go beyond the static state in which monuments and memorials tend to exist. As a result, PBB commemoration in Michigan serves several purposes:
a) First, it ensures that our collective past is both known and transparent.
b) Second, commemoration serves as a catalyst for action.
c) In addition, sharing and acknowledging the value of individual memories and lived experiences of those affected can validate their experiences.
d) Finally, commemoration can also be part of community healing, reinforcing community resilience.
2. Discussion: [00:35:25]
a) CAG members shared their observations on why people forget about the PBB accident, as well as proposed additional sites for possible commemoration (i.e. Kalkaska and Mio burial sites). Others expressed concern about the community maintaining the label of “toxic town,” that there is both a desire and need to move beyond it. Tom Alcamo reminded the CAG that there is a possibility to do some sort of exhibit to tell the history of the cleanup, via story board, that can be revisited once the cleanup is done. Brittany and Ed pointed out that a nature center that highlights the significance of community activism and work to clean up the watershed would provide an opportunity to teach others about the important lessons we’ve learned. Ed offered, “We have a story to tell and we really should tell it.”
VI. EGLE Report [00:45:15]: Erik Martinson, Project Manager
A. Railroad spur investigation — Weston completed revised scope of work earlier this month and it details two separate tasks, one being surveying of property (202 S. Watson) and the vacated extension to the north (to determine the exact location of railroad property). The second task is the soil sampling itself, which hasn’t changed much (there will be a smaller spacing size to the north). December 3rd is the property survey (about 4 hours); EGLE will sample December 12-14th. Samples will be tested by ELGE and overflow lab (Eurofins) for PCBSA, Tris, and 2,4D and 2,4DDE. Results might take four weeks due to the holidays, which puts us at early January.
B. Discussion
1. Gary asked for clarification about visual screening versus lab testing. Erik explained that the visual screening includes smells and discoloration. Scott added that white materials are usually a red flag for those drawing samples, which can help further direct sampling and lab testing.
2. Gary also asked about who is responsible for the cleanup and whether there is a way to hold the railroad accountable. EPA will get involved if there is an unacceptable risk and Tom reassured the CAG that the railroad would be the viable responsible party, not residents. But the sampling has to demonstrate an imminent threat. If EGLE finds contamination, then EPA will work with the state agency so residents won’t have to pay for the clean up. The trust is no longer a liable party, so EPA would have to fund remedies, along with the railroad. Historically, railroads are challenging to work with and very uncooperative, so the current obstacles aren’t new. This is reassuring to the CAG.
3. Finally, Jim Hall pointed out that the low-income housing wasn’t sampled either, but if contamination is found on railroad sites, would EPA pursue sampling there, too? Tom said the agency can’t commit to it yet, but if there is some contamination found, EPA would have to reevaluate the situation.
VII. EPA Report [0:59:10]: Tom Alcamo, Project Manager
A. Velsicol Burn Pit - The infrastructure bill was signed this week and Tom has some details: EPA Remedial Program nationwide is getting 3.5 billion dollars, initially earmarked for all the sites (50-60) with designs complete but no funding, such as VBP. EPA is also hiring as many as 250 project managers nationwide, but also losing many to retirement (search USAjobs.gov). The Superfund tax has also been reinstated. Tom feels confident that funding and cleanup at the site can begin next year, with a new remedial project manager. The new contracting mechanism is too arduous and demanding for Tom to do both sites. There are three remedy components for the VBP: site prep - removal of ash piles; thermal treatment; and hookup of homes to city drinking water supply.
1. In addition, Tom is also looking at new methods to accelerate the clean up, which would make it easier to get started. He cannot comment on them yet publicly. Also EPA has be tasked to plan for unlimited funding scenario. This would grow and make pipeline money more flexible, also expediting work. Fiscal responsibility is essential, especially with the expectation of scrutiny that will accompany the funding, so expect new systems to be put in place to ensure proper management of funds.
B. Updates on heating and NAPL collection in Area 2 Phase 2 — Heating continues. EPA has recovered around 135,000 pounds and thought we might be near diminishing returns, but the team recently recovered an additional 5,000 pounds. More money ($1.2 million) has been built into the project to cover the cost of heating through January 15th. Recovery has slowed, but we are not at diminishing returns yet.
1. Two extraction wells with gooey NAPL: one is empty and the other is still removing some NAPL (5-10 gallons a day). Getting trucks, incinerator slots, and the cost of shipping has been a big challenge. The system is running good though, and EPA will keep the CAG updated.
C. Carbon Amendment Study - EPA finished sampling in late October for the second phase. Did some mammal and insect studies, as well as additional sampling as part of it. EPA expects results in February or March. Not sure about next steps—might be nothing, might be a third phase.
D. OU-3 ROD - Hoped to have RI out last week, but will probably be end of November now. We'll have to figure out how to get the documents downloaded and accessible in a reasonable way, perhaps in separate files or print a few hard copies. FS expected in mid-December or early January at the latest. Includes three floodplains, expected in March or April. Should be able to sit down with RI next year to discuss.
E. OU-4 sampling work plan — EPA sampled four of five floodplains, with one owner asking for delay in sampling until after deer season for one (December). Five additional floodplains will be sampled in the spring and includes an island farther downstream in the Pine River. Data expected in February or March. The sampling went well; EPA had an Alma student help with sampling and would be happy to bring on a CMU.
F. There are a variety of work plans will come out in the next several months, too: MW19, upgradient slurry wall, perimeter drain, bathymetric survey, etc. There may be multiple RAs going on at the site simultaneously, so still working through the details.
G. PSA 1 & 2 — EPA has a meeting this Friday with construction firms for PSA 1&2 excavation of about 100,000 tons of soil (site of oil spill, oil refinery, and “Phil’s hill”). This will be a difficult excavation because they will also capture groundwater, which will have to be treated off-site. There are 10 firms who will participate in presentation, with bid package ready in January. This is the first big project put through EPA’s new contracting method, with hope to be done in April or May. The community will see Army Corps of Engineers (ACE) doing construction oversight, so Tom has been in communication with ACE to be eyes and ears for EPA on site. The infrastructure of EPA is growing and getting more complicated, so expect much more involvement with upper-admin for the project. There will likely a learning curve to adjust to new model.
1. Jim Hall asked if there be a strong odor with the excavation due to presence of petroleum? Tom explained that there will be VOCs, so monitoring will have to happen, but no presence of DBCP which is good news. Odors are common with gas and chemical plants, and it really stinks. Jim recommended that the city might alert residents to what is happening and that there might be an odor. EPA will coordinate with residents, too, as they plan to drive some sheet pile near properties anyways, which will require contact and consideration of how it might influence residential foundations.
a) Jane also reminded the group of the Horse Creek work (Total Refinery remediation project) and the staging area along Michigan Avenue, which smelled really bad. EPA is hopeful we can avoid that, with Scott Pratt explaining that they’ll do statistical confirmation sampling and constantly fill the hole that’s excavated via backfilling to help with odors, which will be expensive, but worth it. Trucks will be “hot loaded” and go directly to the landfill rather than a stockpile area, so the soil doesn’t sit elsewhere. Hopefully trucks will be available next summer, too, which will help resolve some of the supply chain issues.
H. Other
1. The Velsicol Site 5 year review is due next year.
2. By request, Tom will do a PSA 1 & 2 presentation for the CAG next month.
3. The cleanup of the VBP will occur in two phases, also called operable unit one (VBP OU-1, which addresses surface contamination) and operable unit two (VBP OU-2, which deals with groundwater). EPA will work with the city to hook up residents to the city’s drinking water in preparation for the thermal treatment in VBP OU-1 to address surface contamination, which will speed up work on the VBP site, as it could be funded through cooperative agreement.
4. Well 12 permitting still hasn’t been approved by state, but should go out next spring for contractors, with expected completion next fall and testing to confirm that drinking water from personal wells won't be affected. EPA has money if residents need a well (i.e. dries up, no pressure, etc).
5. One of the big challenges with RI (which will include all of OU-3 and part of OU-4) is the way the floodplains are labeled, which is a disaster (because new floodplains have been identified, some by the state and some by EPA, adding to the complexity of labeling). So there will be a separate RI for OU-4, wherein EPA will rename the floodplains to make easier to identify and discuss them.
6. The hazardous waste from most of the projects goes to Clean Harbors, an incineration facility in El Dorado, Arkansas.
7. Finally, if residents get sick, such as headaches from odors caused by excavation in PSA 1 & 2, EPA can find alternative housing (i.e home rental or long-term hotel, for a month or so). EPA has done this before and air emissions are nasty, so people have been temporarily relocated.
VIII. Old Business [01:33:25]
A. PBB Leadership Team update – Ed Lorenz, Jane Keon
1. Conference call/Zoom meeting: There are still problems with MDHHS and their contractor, MDPHI, to get data to researchers to do the studies needed. Michele Marcus, lead scientist, had a call with Corey Grech at MDHHS and he understood the urgency and frustration, and has personally committed to resolving issues with agency and lawyers. In addition, MDHHS decided to audit all consent forms and they couldn’t find forms for 680 people who consented to have their records sent from the state to Emory between 2009 and 2010. This isn't the first time, although it is very worrisome. Corey asked Emory if the forms had been sent back and they were, fortunately. But there are 66 forms that the state flagged. The team continues to work to address these issues and is hopeful to improve the relationship with the state agency.
B. Vote on CAG Hall of Fame
1. Two people were nominated and both are very deserving of the award. Jane moved that we admit both and then next year go back to admitting one per year. Carried unanimously.
a) Ed Lorenz/Wayne Brooks moved that James “Jim” Hall and Gary Smith both be received into the CAG Hall of Fame for 2022. Carried unanimously.
C. Nominations from the floor for officers and board members to be voted on prior to/at the December meeting.
D. Reinstatement of Superfund Tax - Ed Lorenz
1. The bipartisan Infrastructure Act was signed and the Superfund Tax reinstated after being abolished in 1995. There is a good bit of funding coming into EPA as a result.
a) Ed and Gary talked about “Gary’s pizza delivery” in 2005, wherein Gary delivered a pizza to our member of congress at the time, symbolizing the cost of Superfund Tax. He also delivered manuals prepared by Lois Gibbs with the formula that for a $10 cheese pizza, for every $100,000 of revenue, you could fund the Superfund Program. So this is something the CAG has discussed for a long time.
E. Website traffic data - Ed Lorenz
1. There is currently a challenge of contributions button, tied to banking issues, but we will sort it out soon. People tend to make donations over and above donations at end of the year, so it’s important to sort out soon.
2. We’re monitoring the traffic on the website: 72 people accessed it in October and 66 this month so far. The growth makes sense with recent presentations at CMU, which is exciting. About half of the hits are from Michigan and the rest from other parts of the US (i.e. Illinois, which is home to Region 5 office). While this is modest, it is promising.
IX. New Business [01:19:55]
A. Postponed: Climate change and Superfund sites – Scott Cornelius, Cornelius Environmental Consulting and CAG TA
B. Gary Smith/Doug Brecht moved that the CAG authorize the secretary and vice chair to sign checks. Carried unanimously.
Please remember to pay membership dues ($5/year). Send check to PO Box 172, St. Louis, MI 48880.
The next meeting will be held on Wednesday, December 15, 2021 via Zoom.
Meeting adjourned at 8:50 pm.
Respectfully submitted,
Brittany Fremion, Secretary