Superfund Efforts to Clean Waterways Come With a Risk

The following is an excerpt from an article in 

The New York Times
Tuesday, August 14, 2012

Superfund Efforts to Clean Waterways Come With a Risk

By ANTHONY DePALMA

LYNDHURST, N.J. — This is not what a Superfund site is supposed to look like. There are no rusting barrels, no antifreeze-green slime oozing up from the ground. There’s just a deep bend in the serpentine Passaic River, a gaggle of pushy Canada geese and a lone rower in a single scull making good time on the calm, dark waters.

Yet Mile Marker 10.9 on the Passaic is most definitely a toxic hot spot. Testing late last year showed that five acres of shallow mud flats in the river here were highly contaminated with mercury, toxic chemical compounds called PCBs and dioxin, which is known to cause cancer. The discovery has sent environmental officials and a small army of corporations scrambling to remove thousands of cubic yards of sediment with plans to seal the rest beneath a permanent cap, all within the coming year.

That the hidden dioxin deposit was detected at all and the remediation put on such a fast track are results of an ambitious effort by the Environmental Protection Agency, which runs the federal Superfund program, to zero in on toxic targets that had been passed over for decades because they were too big, too costly and just too difficult to tackle.

More than three decades after the program was established by Congress to clean up the most heavily polluted sites in the country, either by forcing those responsible to pay or by covering the cost with money from a special fund, the agency is now taking on the most expensive and most technically complex cleanups ever attempted — large stretches of urban waterways where the pollution is out of sight.

But there are lingering doubts about the best ways to handle such immense cleanups. “The public wants this stuff picked up and hauled away,” said Michael A. Barbara, the technical consultant for the businesses that are being held responsible for cleaning up the Passaic. “But the reality is that sometimes the process of stirring up this stuff does more harm than leaving it in place.”

Even the most notorious hazardous-waste dumps on land pale beside the prospect of cleaning up miles of riverbed — in which the slightest movement can stir up long-buried wastes that tides, floods, even motorboat traffic can spread upstream and down. Trying to predict how everything will work is so complicated that preliminary planning alone can cost more than an entire land-based cleanup.

But after years of study and some smaller pilot projects that met with varying degrees of success — and failure — the E.P.A. is finally tackling some of the most heavily polluted waterways. Many are in the New York-New Jersey area, which, since the beginning of Superfund, has had the greatest number of polluted sites.

For more, visit www.nytimes.com.

EPA Finalizes Settlement with Companies for Cleanup at Mercury Refining Superfund Site in Albany County; Value of Cleanup Work Estimated at $9 million

Press release:

EPA Finalizes Settlement with Companies for Cleanup at                        Mercury Refining Superfund Site in Albany County;                                                    Value of Cleanup Work Estimated at $9 million

Contact: Larisa Romanowski, (518) 747-4389, romanowski.larisa@epa.gov

(New York, N.Y. – August 7, 2012) Five companies considered responsible for contamination at the Mercury Refining Superfund site have reached a settlement with the U.S. Environmental Protection Agency to do work needed to clean up the Mercury Refining Superfund site in the Towns of Colonie and Guilderland, New York. Under the terms of the legal agreement, the Gillette Company, KeySpan Gas East Corp., Energizer Battery Manufacturing, Inc., Union Carbide Corporation and Spectrum Brands, Inc. will address soil, sediment, and ground water contaminated with mercury. Mercury is an extremely toxic metal that can cause health problems, especially in children. Exposure to mercury can harm the heart, kidneys, lungs, immune and nervous systems. In addition, the settlement provides for 19 federal agencies and 46 additional entities also responsible for the contamination to make payments into an escrow account to fund the cleanup work at the site. The current owner of the site is also part of the settlement and will take responsibility for land use restrictions to be put into place at the site.

“This agreement allows EPA to finish the important work that began several years ago to clean up the site so that people and the environment are protected,” said EPA Regional Administrator Judith A. Enck. “The agreement also ensures that the parties responsible for the contamination at the site will also be held accountable for cleaning it up at their own expense, rather than at the expense of taxpayers.”

From the 1950’s until 1998, mercury from batteries and other materials, such as thermometers, pressure regulators, and electrical devices, was recovered, refined, and marketed by the Mercury Refining Company. Through the reclamation process, mercury contaminated the site, including soil and stormwater draining off the site and into an unnamed tributary to the Patroon Creek. Mercury reclamation activities ended at the site in 1998; however, some precious metal recovery continues today.

In 1983, the Mercury Refining site was placed on the federal Superfund list. Until 1999, the New York State Department of Environmental Conservation oversaw various cleanup actions at the site. The EPA assumed the lead for the cleanup in 1999. After an extensive investigation and evaluation of various options for cleanup of the site, the EPA selected its final cleanup plan for the site in 2008. That plan requires a combination of soil excavation and treatment of the soil and ground water. The design work for that cleanup plan is underway and is expected to be completed by the spring of 2013.

Under the agreement announced today, the five companies will conduct the cleanup work at the site. Contaminated soil at the surface, which is more easily accessible to people, will be excavated and taken off-site to a secure facility. Contaminated soil that is deeper will be treated using a technology that treats the contaminated soil and ground water by locking the mercury in a mixture of Portland cement and another agent, preventing it from moving into the surrounding soil and ground water. In addition, the cleanup plan calls for the removal of contaminated sediment from a tributary to Patroon Creek, which receives rainwater runoff from the Mercury Refining property. Water will be removed from the excavated creek sediment and disposed of at an off-site landfill. According to the agreement, the owner of the site, 26 Railroad Ave, Inc., will be responsible for taking action to secure legal land use restrictions to ensure that people aren’t exposed to contaminants on-site and to ensure that the treated soil and groundwater is not disturbed. The five primary companies will be ultimately responsible for conducting all the cleanup work called for in EPA’s cleanup plan.

The value of the cleanup work to be performed under the agreement is estimated at $9.3 million.

Superfund is the federal cleanup program established in 1980 to investigate and cleanup the country’s most hazardous sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups.

The proposed settlement is subject to a 30-day public comment period, which will begin shortly, upon the publication of a notice in the Federal Register. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611, and should refer to United States of America v. The Gillette Company, et al., Civil Action No. 1:12-cv-01247-MAD-TWD, D.J. Ref. 90-11-2-07742/7. During the public comment period, the proposed Consent Decree may be examined on the following Department of Justice website, http://www.usdoj.gov/enrd/Consent_Decrees.html. The settlement requires approval by the United States District Court before becoming final.

Further information about the Mercury Refining Superfund site can be found at: http://epa.gov/region2/superfund/mercuryrefining/.

Follow the EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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EPA to Review Technical Information on Mercury and Air Toxics Standards for New Power Plants

Press release:

FOR IMMEDIATE RELEASEJuly 20, 2012
EPA to Review Technical Information on Mercury and Air Toxics Standards for New Power Plants
Routine review has no impact on cost or vital health benefits of first national standards for mercury pollution

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is reviewing technical information that is focused on pollution limits for new power plants under the Mercury and Air Toxics Standards, based on new information provided by industry stakeholders after the rule was finalized. This review, which is not an uncommon step for major standards, will have no impact on the sensible, achievable, and cost-effective standards already set for existing power plants, which will protect millions of families and, especially, children from air pollution. By moving quickly to review the new information, this action will provide greater certainty for five planned future facilities, in Georgia, Kansas, Texas, and Utah, that would be covered by the standards. This review will not change the expected costs or public health benefits of the rule.

EPA’s Mercury and Air Toxics Standards, which take advantage of existing flexibilities, are the first national standards to protect American families from power plant emissions of mercury and toxic air pollution like arsenic, acid gas, nickel, selenium, and cyanide. By ensuring that existing power plants install widely available pollution control equipment, the standards will prevent as many as 11,000 premature deaths and 4,700 heart attacks a year. The standards will also help America’s children grow up healthier-- preventing 130,000 cases of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among children each year.

EPA will review monitoring issues related to the mercury standards for new power plants and will address other technical issues on the acid gas and particle pollution standards for these plants. The agency’s review will not change the types of state-of-the-art pollution controls new power plants are expected to use to reduce this harmful pollution.

This type of review, known as a “reconsideration,” is a routine tool that EPA often uses to ensure that its standards incorporate all relevant information, in cases where information only becomes available after a rule is promulgated. The agency’s decision to reconsider the standards for new sources reflects its ongoing commitment to work with industry and other stakeholders to ensure that all of EPA’s standards protect public health while being achievable and cost-effective. The agency will follow an expedited, open and transparent process that includes public comment on any proposed changes. The agency will complete the rulemaking by March 2013 and will also use its Clean Air Act authority to stay the final standards for new power plants for three months during this review.

More information: http://epa.gov/mats/actions.html

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Man Arrested on Hazardous Waste Charges 

U.S. Attorney’s OfficeApril 25, 2012

Northern District of New York(315) 448-0672

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the arrest of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged with the illegal disposal of a hazardous waste in a manner posing a danger of death or serious bodily injury to others (also referred to as “knowing endangerment”) and with the illegal storage and disposal of hazardous waste without a permit. The complaint alleges that on March 2, 2012, Kimber was observed on hospital video surveillance cameras placing a substance on items throughout the Albany Medical Center cafeteria—where mercury was subsequently found—including on food consumed by at least one patron and on heating elements where the mercury could vaporize and be inhaled. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room.

The complaint alleges that a search warrant executed at Kimber’s house and automobile resulted in the seizure of two jars of mercury. The complaint further alleges that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (“The Turner Diaries”) was observed during the search; it states on the cover page, “This book contains racist propaganda” and “The FBI said it was the blueprint for the Oklahoma City bombing.” Searching officers further observed a Nazi swastika on a wall of Kimber’s home. Finally, the complaint alleges that mercury was previously deposited in numerous locations throughout the Albany Medical Center by then-unknown persons on March 28, 2011; April 11, 2011; and June 23, 2011.

The knowing endangerment charge contains a maximum possible term of incarceration of 15 years and a fine of $250,000, or twice the gross loss to any victim. The storage and disposal of hazardous waste without a permit charge contains a maximum possible penalty of five years in jail, and a fine of $250,000, or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss and somatosensory change. Mercury is readily absorbed through unbroken skin and by intestinal absorption after ingestion. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorneys Richard Bellis and Craig Benedict. Questions may be directed to AUSA Benedict at 315- 448-0672.

Dry Sorbent Injection

From the Energy Information Agency:


March 16, 2012

Dry sorbent injection may serve as a key pollution control technology at power plants

Source: U.S. Energy Information Administration.

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Dry sorbent injection (DSI) is a pollution control technology that may play a role in the United States' electric power sector's compliance with the Mercury and Air Toxics Standards (MATS). The Environmental Protection Agency (EPA) finalized the MATS rule in December 2011. The MATS rule requires that all U.S. coal- and oil-fired power plants greater than 25 megawatts meet emission limits consistent with the average performance of the top 12% of existing units —known as the maximum achievable control technology (MACT). The rule applies to three pollutants: mercury (Hg), hydrochloric acid (HCl), and filterable particulate matter (fPM) and has a compliance deadline in 2015 (with opportunities for additional compliance time depending upon case-by-case circumstances). While DSI systems do not control for mercury, they can, when combined with a particulate control filter, meet this standard for two of the three controlled pollutants.
DSI systems remove hydrogen chloride (HCl) and other acid gases through two basic steps.

• Step one. A powdered sorbent is injected into the flue gas—combustion exhaust gas exiting a power plant—where it reacts with the HCl. The sorbents most commonly associated with DSI are trona (sodium sesquicarbonate, a naturally occurring mineral mined in Wyoming), sodium bicarbonate, and hydrated lime.
• Step two. The compound is removed by a downstream particulate matter control device such as an electrostatic precipitator (ESP) or a fabric filter (FF), also referred to as a baghouse. Fabric filters are generally more effective (when combined with DSI) than ESPs, with respect to overall HCl reduction. For modeling purposes, EPA estimates a DSI system with a fabric filter is expected to achieve 90% removal of HCl, while an ESP only achieves 60% removal, although actual performance will vary by individual plant.

DSI and flue gas desulfurization (FGD) scrubbers (both wet and dry scrubbers) are the technologies that will allow plants to meet the MATS for HCl and other acid gases. As of 2010, 54% of U.S. electric generating capacity already have FGDs installed. A number of the remaining, uncontrolled plants will need to determine the effectiveness of installing an FGD scrubber or a DSI system to comply with MATS. Economic and engineering tradeoffs exist between the two technologies. FGD systems are large capital projects that require a significant upfront investment, but have relatively lower operating costs. DSI systems generally do not require significant capital expenses, but may rely on significant quantities of sorbent to operate effectively, which increases the operating costs. Waste disposal for DSI may also be a significant variable cost, while the waste products from an FGD system can be sold as feedstock for industrial processes. In addition, DSI's potential effectiveness is limited to certain types of plants. Because of the amount of sorbent needed, DSI will likely be implemented most often at plants that are 300 megawatts or less and burn low-sulfur coal.

DSI systems can also significantly reduce sulfur dioxide (SO₂) emissions through the same process as HCl removal. While the MATS rule does not specifically address SO₂, it has similar qualities to HCl and other acid gases that enable it to respond similarly in a DSI system. SO₂ is also regulated under the Cross State Air Pollution Rule (CSAPR). Therefore, installing a DSI or FGD system to comply with MATS may also help plants meet or even exceed their CSAPR emission limits.

While compliance with the MATS rule was not assumed in the Annual Energy Outlook 2012 (AEO2012) Early Release, it will be assumed in the AEO2012 full Reference case (to be released in Spring 2012), and DSI will be included as a compliance option for coal power plants.

$10 Million Settlement with Mining Company

News release from EPA Region 9:

For Immediate Release: Feb 16, 2012Media Contacts: Mary Simms, 415-947-4270, simms.mary@epa.gov, Rusty Harris-Bishop, 415-972-3140, harris-bishop.rusty@epa.govDept. of Justice: (202) 514-2007                    

    U.S. EPA, Dept. of Justice reach $10 Million settlement with Department of the Interior, Northern California mining company for cleanup costs and transfer of land to Elem Indian Colony

SAN FRANCISCO -- The U.S. Environmental Protection Agency has finalized a multi-party agreement to settle cleanup costs for seven mining sites in three states. The parties to the agreement include the U.S. Department of the Interior, the U.S. Forest Service, the Bradley Mining Company, the Worthen Bradley Family Trust and the Elem Indian Colony of Pomo Indians.

Under the settlement, the Bradley Mining Company and Bradley Trust will transfer nearly all of their land holdings at the Sulphur Bank Mercury Mine to a new trust created to retain the lands pending EPA cleanup. The Elem Indian Colony will receive approximately 380 acres of uncontaminated land - adding to its current holdings of 50 acres - as compensation for natural resource damages from mining operations by the Bradley Mining Company.     


Nearly $7 million in federal funds will be used to reimburse EPA’s costs for cleaning up contamination at the Elem Indian Colony and the access road to the Colony.


“This significant settlement took three years to hammer out. The result is a win for Clear Lake and a win for the Elem Colony,” said Jared Blumenfeld, Regional Administrator for EPA’s Pacific Southwest region. “This settlement will help the Clear Lake ecosystem recover, including reducing the risks due to mercury in fish. It also demonstrates EPA’s strong commitment to supporting the environmental cleanup of tribal lands.”


In addition to the land transfers relating to the Sulphur Bank Mine, the proceeds from insurance policies and any future income from the Bradley Mining Company will be divided among the seven mine sites for future cleanup, with the Bradley Mining retaining a share of the proceeds.


The Sulphur Bank Mercury Mine Superfund Site is located at the southeastern end of the Oaks Arm of Clear Lake. The site includes the Elem Indian Colony which is located directly adjacent to the mine property. The site initially was mined for sulfur from 1865 to 1871. Mercury ore was mined intermittently by underground methods from 1873 to 1905, and open-pit mined from 1915 to 1957. The mine, once one of the largest producers of mercury in California, has been inactive since 1957.


Approximately three million cubic yards of mine wastes and tailings remain on the mine site. Mercury is present in the bottom sediments in Clear Lake, and mercury has bio-concentrated in the food chain of Clear Lake. The levels of mercury in fish from the lake led the State to issue an advisory to limit consumption of fish. Clear Lake is the source of water that the Clear Lake Oaks Water District provides for municipal drinking water for 4,700 people.


This cleanup effort is one of several tribal land cleanups in the Pacific Southwest Region. EPA is currently overseeing the investigation and clean up of contamination on Hopi and Navajo lands throughout the southwest.


The settlement, lodged in U.S. District Court for the Northern District of California, is subject to a 30-day public comment period and final court approval. A copy of the settlement document will be available on the Department of Justice website at: www.usdoj.gov/enrd/Consent_Decrees.html


For more information please visit: www.epa.gov/region9/sulphurbankmercury

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