|
| |
TECH UPDATES |
STUDY WILL SET FIRST-TIME TCE NONCANCER LEVELS
EPA officials are poised to release an updated risk assessment on trichlorethylene (TCE) – the most common Superfund and military site contaminant – that would establish a first-time noncancer risk level, as well as update current cancer risk estimates for the pollutant.
Industry and federal facility officials are closely tracking the assessment of the metal degreaser because of its implications for cleanup costs. The agency’s Science Advisory Board (SAB) will review EPA’s reassessment early next year and will have to grapple with controversial provisions in the assessment for examining potential cancer risks to children, which will be highlighted in the executive summary of the document.
"Industry is interested in finding out if TCE will still be characterized as a carcinogen, what the slope factor is and what the noncancer evaluation shows," according to one source familiar with the issue.
Sources report that EPA will introduce a range of cancer slope factors for TCE in the assessment instead of the 0.011 milligrams per kilogram body weight per day the agency has been relying on. According to one EPA risk expert, the new range will start at that level but could go up to 20 time higher depending on some risk factors. "It’s not a one size fits all situation," this source explains.
The agency has yet to form consensus on the risks TCE poses to development and reproductive endpoints and the assessment will mark the first time the agency has tried to set a noncancer risk estimate for the contaminant.
(Superfund Report - October 1, 2001)
NEW "INFORMATION PRODUCT" WEB SITE GIVES CENTRAL ACCESS TO HUNDREDS OF DEVELOPING DOCUMENTS
EPA is trying to make it easier for companies, as well as state and federal regulators, to stay current on newly-released and modified environmental data by publishing the Information Products Bulletin Web site. The site, a joint effort of EPA and the Environmental Council of States, a national, non-profit, non-partisan association of state and territorial environmental commissioners, will give users access from one central place to "significant information products" being developed or revised, such as complex computer modeling tools, large data bases and major reports.
http://WWW.PROCESSREQUEST.COM/apps/redir.asp?link=XbcghaacBI,UjgfejfjjFG&oid=UbiefBI
(Environmental Protection E-News, 9/11/01)
INDUSTRY FIGHTS CALIFORNIA RULE ON NATURALLY OCCURRING ASBESTOS
A coalition of business associations is suing to overturn the first-ever rule in the nation that requires businesses to take steps to limit naturally occurring asbestos emissions, a situation EPA’s inspector general (IG) is urging the Superfund office to address. The suit challenges newly promulgated California rules restricting construction, mining, and surfacing activities at sites where asbestos may be present in certain rock types.
The California Air Resources Board (ARB) July 27 adopted a rule expanding its Air Toxic Control Measure (ATCM) by requiring builders and miners to significantly reduce dust emissions when working in areas with asbestos-containing rock, such as rock type known as serpentine rock. The rule follows an earlier ARB regulation promulgated in April that places similar requirements on the use of such rock for road surfacing activities.
State sources say these rules are the first in the nation to regulate naturally occurring asbestos and may result in similar rules throughout the country. The rule "certainly has the possibility of being mimicked in other parts of the nation," one ARB source says.
But a variety of California industry associations including the construction Materials Association of California (CMAC) and the California Mining Association (CMA), the Souther California Rock Producers Association and Associated General Contractors of California, filed suit in California state court in late June to overturn the April rule and the then-forthcoming July rule, arguing that they are arbitrary and capricious because they do not comply with the California Health and Safety Code or the California Environmental Quality Act (CEQA). "Demonizing an entire geologic classification (ultramafic rock) to regulate a specific mineral type and mineral habitat (asbestos) is neither the hallmark of prudent regulation nor is it allowable under the ARB’s own statutes and CEQA," the brief says.
California’s rule would require construction sites of more than one acre to develop a dust control plan to limit possible asbestos dust releases. And companies undertaking construction or grading activities would be required to use water to reduce dust during grading and excavation work, treat unpaved roads with water or chemical dust suppressants. Grading operations would also be required to control asbestos emissions from their equipment.
ARB’s effort began in part because of a 16-square-mile area in El Dorado County, near Sacramento, where numerous rock quarries mined asbestos-containing rocks and used them in construction and other activities throughout the area. Three years ago investigators detected asbestos fibers in household dust in the region and at a local school, leading residents to call for an investigation of the source of the asbestos.
Not only is the rock, known as serpentine rock, found throughout El Dorado County, but state agency sources say it is found in 41 of the state’s 58 counties. According to one state source, asbestos fibers have also been found in a number of neighborhoods in San Jose, CA.
(Superfund Report, August 6, 2001)
After her own family’s nightmare unfolded in 1998, Melinda Ballard heard from so many other affected families that she assembled a database. These families, often suffering from debilitating memory loss, were convinced they were the victims of deadly mold in their homes. Successful professionals suddenly couldn’t remember clients’ names. Parents now struggled to recall where they were supposed to pick up their children from soccer practice.
Ballard’s computerized files now list close to 11,000 families. These days, she finds yet another toll the mold seems to have taken: when she scrolls down the list of names, she realizes many of the couples have split up.
Eighteen months after USA WEEKEND Magazine put them on the cover; Ballard, husband Ron Allison, 36, and their 5-year-old son, Reese, won a major victory: A Travis County, Texas, district court jury awarded them $32 million in their fight against Farmers Insurance Group, which the family says mishandled their claim for mold damage. They argued that the insurance company had failed to cover repairs to leaky pipes soon enough to prevent the toxic mold Stachybotrys atra from over-running their 22-room mansion near Austin. For now, a final ruling remains to be determined.
Experts believe the verdict could lead to a surge in mold-related litigation. "The jury decision sends a message to the insurance industry that, at least in this case, the insurer owes to the homeowners adequate coverage for mold damage," says Colleen McLaughlin, editor of the newsletter Mealey’s Litigation Report: Mold.
Stachybotrys (stack-ee-BOT-ris) atra is an especially lethal mold that creates airborne toxins, called mycotoxins, that can cause breathing difficulty, memory loss and bleeding in the lungs. Recent studies have linked molds to the tripling of the asthma rate in the past 20 years.
In Ballard’s case, the copper plumbing in her family’s dream home sprang a series of leaks in 1998. By March 1999, they were experiencing headaches, dizziness and fatigue. Eventually, mold samples were evaluated and found to be deadly. The family fled from the house. by then, Allison’s condition was so much worse he couldn’t even remember the number of their hotel room.
Farmers Insurance contends that it has pursued the family’s claims appropriately. The company offered $1.8 million to cover the home’s cleanup costs. But the family declined the offer; saying cleanup alone cost more than $6 million.
Meanwhile, their personal struggles continue. Allison, once a successful investment banker, has neurological damage and no longer works.
Extensive rehabilitation dominates the family’s day. Allison attends cognitive therapy sessions four times a week. Once he oversaw more than $30 million in large client accounts; now he spends his time playing memorization games on the computer.
Says Allison: "This mold shuts down pathways to your brain. If you’re lucky you can reopen pathways. Some people can. Some people can’t."
(USA Weekend 0 10/14/01)
The May 2001 issue of the New Jersey Department of Environmental Protection Site Remediation News contained important criteria as to why vertical migration is important, particularly in the downgradient direction, at petroleum release sites. Downward vertical gradients occur at sites for several reasons, some of which have to do with the types of contaminants (such as MTBE or chlorinated hydrocarbons), and sometimes due to downward migration due to stratigraphy, active pumping in the area, infiltration of precipitation, or the presence of a vertical hydraulic gradient, or for some other reason. At least one downgradient well will now be required at most petroleum release sites, particularly where the releases involve unleaded gasoline.
Although shallow monitoring has been conducted in the past at many sites, there was an increasing perception that if there are "diving" plumes present, that conventional monitoring well networks would miss them. Typically, shallow groundwater monitoring wells should be installed first, to confirm the prime downgradient groundwater flow direction. Then, a deeper well can be placed in the most appropriate direction, given the confirmation of the probable plume migration.
RT has already installed such wells at dozens of sites; those in the process of monitoring or remediation should consider the need to add a deeper well to an existing monitoring well network, as such monitoring will now likely be required prior to issuance of a No Further Action/Covenant Not Sue letter by the New Jersey Department of Environmental Protection.
Additionally, the NJDEP is using the deeper wells to act as sentinel wells in aquifer use areas. If an unleaded gasoline plume is migrating towards a potable well, it is unlikely that the petroleum constituents will enter through the top of the well because potable wells are typically deep and cased through the shallow aquifer. The deeper wells provide the only way to detect potential impacts before they enter into the potable well. RT has already used the deeper wells to establish a CEA in the Pinelands where the projected travel of the plume extended toward potable wells but the deep wells showed the plume would not impact the potable wells.
(Source: NJDEP Site Remediation News; Tom Brady)
WATER SPECIALISTS PREDICT CRISIS COMING ACROSS U.S.
Four Hundred Imperial Valley farmers receive as much Colorado River water as Arizona and Nevada combined. Their main crop in alfalfa, a thirsty, low-profit feed for dairy cows and horses.
There, rain is a curse. It wilts the lettuce and unbalances the water district’s cash flow by cutting demand for irrigation.
The Colorado River is piped to the fastest growing cities in the United States: Los Angeles, San Diego, Las Vegas, Phoenix and Tucson. What little is left irrigates Mexico’s richest farm region.
To water specialists, the overtapped Colorado River basin is symbolic of a calamity facing much of the world. Fresh water reserves are disappearing fast.
These experts see the California power crisis as the harbinger of much worse to come.
"No one thought that a state richer than most countries could fail to deliver reliable supplies of electricity." warned Richard Brusca, a University of Arizona environmental scientist. "Well, guess what’s next?".
People can survive power cuts and even live without oil, he adds. Water is another matter entirely.
Like China’s lifeline Yellow River and other waterways on six continents, the Colorado often runs dry before reaching its mouth.
The planet has no more fresh water than it did a millennia ago But with today’s rocketing growth in arid zones, conflicting needs of farms, cities, industry, recreation and wetlands promise bitter water wars.
"We foresee serious problems," said Bruce Smith, the U.S. Defense Department official who supervises 300 projects in 100 countries designed to help provide water and reduce political tensions . "This is getting very bad".
He said the Pentagon and State Department now give high priority to preventing violent conflict over water in the Middle East, Asia and Africa.
Yet water managers across America say the public and political leaders who can effect change seem to ignore the danger.
The Rio Grande is as over committed as the Colorado. Albuquerque, whose underground reserves were until recently vastly overestimated, could dry up by 2050. Already it has closed wells because of natural arsenic in the soil.
Although attention mostly focuses on the U.S. Southwest rivers as unlikely as the Ipswich near Boston have been pumped dry.
William Alley, director of groundwater research as the U.S. Geological Survey, sees shortages looming in much of the United States. Even areas with plentiful supplies are taking no chances.
The Great Lakes have one fifth of the world’s fresh surface water, he said, but recently a Korean tanker was refused permission to fill up there for ballast.
Along the Atlantic coast, seawater steeps into aquifers from Cape Cod to the tip of Florida.
Severe drought in the Northwest where reservoirs have been drawn down to supply power for California, threatens a calamity summer.
Already, salmon are in danger, unable to spawn because of low water.
In the Southeast, drought has further depleted aquifers, letting in seawater. Desperate Florida authorities seek federal clearance to replenish underground water untreated runoff.
Scientist expect problems to worsen if global warming upsets rainfall patterns. Dams and diversions may aggravate crises. As deltas and wetlands dry, ecosystems suffer.
Most experts believe people won’t save water until it costs what it is actually worth.
But putting a value on water is touchy.
Sandra Postel, author of two books on global water issues, worries about monetizing water. If the wealthy can buy up scare water, what about the poor?
Tom Levy, general manager of the Coachella Water District and president of the California Water Contractors Association , scheduled two public meetings to push conservation. Despite newspaper ads and 80,000 mailed notices, only 40 people showed up.
In all, California gets one-quarter of 17.5 million acre feet of water from the Colorado River divided annually among seven Western states and Mexico. It has also been consuming an extra 900,000 acre feet unused by others.
In Palm Desert, Levy predicts that large-scale desalination will be essential within 50 years. Even if technology cuts the cost, he said, agriculture will still face severe changes.
Desalination now costs about $800 an acre foot, Levy noted, but farmers can lose money with water at $15 an acre foot.
Victor Baker, head of the University of Arizona hydrology department, believes engineers could solve most of the world’s water problems if scientists and politicians would think differently.
"Politicians don’t understand the science, or they manipulate it to their own purposes," he said. "Scientists, who don’t understand politics, always think they’ll be heard. The trick is to make politicians more realistic and scientists more understanding.
(Courier Post, 5/13/01)
DIVERSITY STRENGTHENS ECOSYSTEMS
Ecologists have voiced concern in recent years about the disappearance of plants and animals around the globe. But controversy has raged over whether Earth’s diversity of species is fundamental to stable functioning of the planet’s ecosystems.
Now, a study has produced strong evidence that biodiversity does increase the health and productivity of an ecosystem. And, in a sneak peek at what the world could be like in 2050, researchers have demonstrated that preserving more species could provide a greater natural cushion against environmental insults.
A team led by Peter B. Reich of the University of Minnesota focused on an unexplored relationship between species diversity and steep increases in nitrogen and carbon dioxide. Both are rising largely as a result of fossil fuel consumption and chemical use by farmers.
Michael Huston of the Oak Ridge National Laboratory, who has been the chief critic of the Cedar Creek work, said Reich’s experiment was a big improvement over the earlier ones. But the results really show only that a few dominant species, primarily weeds, account for most of the productivity gains, Huston said.
"There’s clearly a diversity effect here," Huston said. "But it does not show that you need a lot of diversity, just a few really highly productive species.
(The Philadelphia Inquirer, 4/29/01)
GROUNDWATER PLUME STABILITY - WHY IT'S SO IMPORTANT
A key issue which has arisen at many Brownfields and Land Recycling sites is the issue of "plume stability". Where contaminants have reached the groundwater and may be going off site, "plume stability" is the key factor missed by some consultants, which delays property transaction. Under Land Recycling initiatives, liability releases can only be obtained when plume stability is demonstrated, and a downward trend in contaminant concentrations in groundwater is clearly at hand.
What is plume stability?
Plume stability basically means that contaminant concentrations in a groundwater plume are sufficiently defined so that the source area, and pattern of contaminant migration are well understood. This means that groundwater monitoring wells must be placed, and sufficient monitoring performed, such that the rate and extent of migration of contaminants is known. Additionally, if a contaminant source area is still releasing contaminants to soil and/or groundwater, the ability to demonstrate plume stability may be compromised, because more contamination of groundwater is still occurring.
Why is this important?
Under most Brownfields and Land Recycling initiatives, liability releases or covenants not to sue can be obtained so long as an environmental consultant can demonstrate that potable water wells will not be impacted by groundwater contamination, and a groundwater standard for the contaminant will ultimately be achieved. If this cannot be done, the environmental regulatory agency may require remediation, or, obtaining a liability release or covenant not to sue may be delayed indefinitely. Sufficient information must be known about the pattern of contaminant migration, and groundwater contaminant trends such that achieving "attainment" of the groundwater standard can be reliably demonstrated.
RT is seeing an increasing trend where we are being referred projects where consultants are not realistic about demonstrating plume stability, which is all too frequently leading to delayed property transactions. For buyers and sellers of commercial and industrial properties this is important, because delays in achieving "attainment" can, in turn, result in further delays in selling, reselling or remortgaging property, where monitoring results demonstrating attenuation of contaminants and groundwater are not confirmed after the transaction.
How can I tell if this a problem?
Regulatory agencies typically require at least four data sets at individual monitoring wells, and concentrations in wells need to be relatively close to clean up standards before a consultant can reliably predict that standards will ultimately be achieved. Consultants must be able to prove not only plume stability, but a final downward contaminant trend to be able to achieve "attainment", and obtain the liability release or covenant not to sue. Fluctuating concentrations can indicate that a source area is still present at the site, so several data points usually need to be available before one can reliably predict that attainment of a standard is achievable in a realistic time frame. If a plume is not adequately monitored, or, if sufficient data points are not available, groundwater modeling completed by a hydrogeologist can't accurately predict when or if a particular groundwater cleanup standard can be achieved.
What if "plume stability" can't be easily demonstrated?
There are two reasons why plume stability usually cannot be demonstrated - contaminated soils, sediments or rocks are present below the groundwater, or, there is still a "source area" contributing to groundwater contamination. Either of these situations can trigger the need for actual remediation, unless groundwater standards can be adjusted take into account seasonal variations, and the incursion of groundwater standards are minor.
What if remediation is needed?
Even if remediation is required, though, costs are not as high as they historically were, as refinements in state of art techniques for soil and groundwater remediation have occurred in the last five years. Such techniques include:
Generally, groundwater remediation projects are costing only a fraction of what they did as little as five years ago, and even where pump and treat systems are needed, advancements in system design and operation have reduced the amount of water to be withdrawn from a particular area to be remediated, and pulse-pumping techniques have enhanced long term remedial cleanup efficiency.
Who can help?
All of RT's hydrogeologists are thoroughly familiar with the concept of demonstrating "plume stability" as being key to a Brownfields or Land Recycling project. Starting with the installation of the first monitoring well, we do our best to understand what is occurring at the site, so that the contaminant migration pattern can be documented and easily understood by us and environmental regulatory personnel.
To further enhance our capabilities in this area, we have added a senior hydrogeologist, Bob Bucola, who is a professional geologist in four states, and has substantial groundwater modeling, investigation, and remedial experience, even at Superfund sites. Working with Bob Bucola, is Christopher Orzechowski, a project geologist who has significant experience with contaminant fate and transport analysis, groundwater modeling, development and implementation of groundwater investigations. Mr. Orzechowski is fully focused on plume stability issues, having recently attending a Land Recycling seminar hosted by PADEP.
Recent RT accomplishments on Brownfields and Land Recycling projects for our clients include:
We at RT know that you rely on us to do what is necessary to deal with environmental issues effectively so that property can be productively reused. We also know that there is no shortcut to fully documenting the extent of groundwater impact at a site, so that regulatory officials understand the situation. Brownfields and Land Recycling initiatives which have become popular in recent years do not mean that contaminated groundwater can be partly monitored and ignored. Where groundwater contamination is present at a site, effectively and completely defining the problem and deciding what has to be done based on sound science is the only way to expect "attainment" and to obtain a liability release or covenant not to sue. Unrealistic expectations when combined with incomplete technical work only delay achieving the ultimate objective, so, the ability to demonstrate "plume stability" is paramount whenever groundwater contamination is present at a Brownfields or Land Recycling site.
RT now has completed or in progress more than 30 Brownfields or Land Recycling projects. We have seen a recent increase in project referrals where transactions have been delayed because "plume stability" could not be demonstrated by another consultant. As a service to many sellers. buyers and lenders involved in Brownfields and Land Recycling projects, we wanted to make you aware of this central technical issue regarding groundwater which is so important to obtaining the liability release under or covenant not to sue under Land Recycling or Brownfields programs. - Gary Brown
BACK TO TOP