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AVOIDANCE OF RESPONSE TO 2013 LETTERS ON EXIDE DEFERRALS FROM 2011 Phil Chandler [[email protected]] January 11, 2017 Independent Review Panel Mr. Gideon Kracov, J.D., Chair Mr. Mike Vizzier, Vice Chair, Ms. Arezoo Campbell, PhD. Department of Toxic Substances Control 1001 “I” Street, 25th Floor P.O. Box 806 Sacramento, California 95812-0806 [email protected] Dear Independent Review Panel members: HISTORIC DEFERRAL OF WORK REQUIRED AT EXIDE IN 2011 BY THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL The Department of Toxic Substances Control (DTSC) received a letter from Exide Technologies (Exide) in late 2011, ahead of a November 3, 2011, meeting (DTSC’s Permit folk scheduled with Exide to work out concerns about workplans and reports requested earlier by DTSC’s cleanup folk). (letter attached) The letter requested deferral of “…workplans and reports requested by the Department in its correspondence dated June 30, July 13, July 21, July 28, September 15 and September 19” requested by BERP earlier in 2011. Specific workplans and reports required by the Brownfields and Environmental Restoration Program (BERP) included the following: (1) June 17, 2011 “Acknowledgement of the Tank Closure Notification” - this included a requirement for a post-closure care plan and a post-closure cost estimate; (2) June 30, 2011 “Completion of the ICM for Off-site Cleanup” – this included requirements for (a) workplan to check on recontamination by on-going emissions of the limited off-site cleanup performed, (b) workplan to investigate off-site storm drain inlets for lead buildup from street run-off, (c) an ICM workplan to address Rehrig Pacific’s roof where lead appeared to be embedded in the roofing even following the removal of hundreds of pounds of lead form the roof, (d) a workplan to address longterm deposition effects further off-site, and (e) a revised IM report---completing the work performed---that more adequately explained the protocols used; (3) July 13, 2011 “Phase 7 RFI Workplan for Airborne Deposition and Accumulation Recontamination Monitoring (and Measuring the rates of the dry deposition… ” – provide the workplan; (4) July 21, 2011 “Expanded Emergency Interim Measure Completion Report” – submit the report by August 30, 2011; and (5) July 28, 2011 “Phase 8 RFI Workplan – Fingerprinting of Airborne Deposition/Accumulation Lead” – provide the workplan. The deferrals were clearly granted and the required work deferred for two years and more. I request that the Independent Review Panel (IRP) investigate this delay. Moreover, in 2013 the following “what happened” letters to then-Director Debbi Sent: Wednesday, January 11, 2017 12:36 PM To: DTSCPublicMeeting@DTSC Cc: Singh, Mike@DTSC; Rohlfes, Larry@DTSC Categories: Green Category Attachments: 2011-10-01_Exide_deferral ~1.pdf (564 KB) ; Acid Waste Pit IM Letter.pdf (4 MB) Page 1 of 2 AVOIDANCE OF RESPONSE TO 2013 LETTERS ON EXIDE DEFERRALS FROM 2... 1/12/2017 https://mail.ces.ca.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAABQRg07IUpTS6iFK1e0...

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  • AVOIDANCE OF RESPONSE TO 2013 LETTERS ON EXIDE DEFERRALS FROM 2011 Phil Chandler [[email protected]]

    January 11, 2017

    Independent Review PanelMr. Gideon Kracov, J.D., ChairMr. Mike Vizzier, Vice Chair,Ms. Arezoo Campbell, PhD.Department of Toxic Substances Control1001 “I” Street, 25th FloorP.O. Box 806Sacramento, California [email protected]

    Dear Independent Review Panel members:

    HISTORIC DEFERRAL OF WORK REQUIRED AT EXIDE IN 2011 BY THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL

    The Department of Toxic Substances Control (DTSC) received a letter from Exide Technologies (Exide) in late 2011, ahead of a November 3, 2011, meeting (DTSC’s Permit folk scheduled with Exide to work out concerns about workplans and reports requested earlier by DTSC’s cleanup folk). (letter attached) The letter requested deferral of “…workplans and reports requested by the Department in its correspondence dated June 30, July 13, July 21, July 28, September 15 and September 19” requested by BERP earlier in 2011.

    Specific workplans and reports required by the Brownfields and Environmental Restoration Program (BERP) included the following: (1) June 17, 2011 “Acknowledgement of the Tank Closure Notification” - this included a requirement for a post-closure care plan and a post-closure cost estimate; (2) June 30, 2011 “Completion of the ICM for Off-site Cleanup” – this included requirements for (a) workplan to check on recontamination by on-going emissions of the limited off-site cleanup performed, (b) workplan to investigate off-site storm drain inlets for lead buildup from street run-off, (c) an ICM workplan to address Rehrig Pacific’s roof where lead appeared to be embedded in the roofing even following the removal of hundreds of pounds of lead form the roof, (d) a workplan to address longterm deposition effects further off-site, and (e) a revised IM report---completing the work performed---that more adequately explained the protocols used; (3) July 13, 2011 “Phase 7 RFI Workplan for Airborne Deposition and Accumulation Recontamination Monitoring (and Measuring the rates of the dry deposition… ” – provide the workplan; (4) July 21, 2011 “Expanded Emergency Interim Measure Completion Report” – submit the report by August 30, 2011; and (5) July 28, 2011 “Phase 8 RFI Workplan –Fingerprinting of Airborne Deposition/Accumulation Lead” – provide the workplan.

    The deferrals were clearly granted and the required work deferred for two years and more. I request that the Independent Review Panel (IRP) investigate this delay. Moreover, in 2013 the following “what happened” letters to then-Director Debbi

    Sent: Wednesday, January 11, 2017 12:36 PM To: DTSCPublicMeeting@DTSCCc: Singh, Mike@DTSC; Rohlfes, Larry@DTSC Categories: Green Category Attachments: 2011-10-01_Exide_deferral ~1.pdf (564 KB) ; Acid Waste Pit IM Letter.pdf (4 MB)

    Page 1 of 2AVOIDANCE OF RESPONSE TO 2013 LETTERS ON EXIDE DEFERRALS FROM 2...

    1/12/2017https://mail.ces.ca.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAABQRg07IUpTS6iFK1e0...

  • Rafael: (1) “Resource Conservation and Recovery Act (RCRA) Old Slag Landfill Interim Measures, Exide Technologies Corporation (Site) [EPA ID Number CAD 097 854 541; Corrective Action Consent Order Docket No. P3-01/02-010)]” (2) “Resource Conservation and Recovery Act (RCRA) Phase 8 RCRA Facility Investigation Workplan –Fingerprinting of Airborne Deposition/Accumulation of Lead, Exide Technologies Corporation [EPA ID Number CAD 097 854 541; Corrective Action Consent Order Docket No. P3-01/02-010)]”; (3) “Resource Conservation and Recovery Act (RCRA) Acid Waste Disposal Pit (Solid Waste Management Unit 6) Interim Measures, Exide Technologies Corporation (Site) [EPA ID Number CAD 097 854 541; Corrective Action Consent Order Docket No. P3-01/02-010)]”; and, (4) “Resource Conservation and Recovery Act (RCRA) Old Slag Landfill Interim Measures, Exide Technologies Corporation (Site) [EPA IDNumber CAD 097 854 541; Corrective Action Consent Order Docket No. P3-01/02-010)]”. I request the IRP to require the current Director to respond to the letters because I received no responses from then-Director Debbi Rafael and then-Director Miriam Ingenito concerning the delays.

    Sincerely,

    Philip B. Chandler 2615 Marquette DriveTopanga, CA 90290

    or4501 W. Channel Islands Blvd., Unit 86Oxnard, CA 93035

    (805)382-3365(310) [email protected]

    cc: The Honorable Kevin De Leon State Senator and Speaker pro TemporeState Capitol, Room 205Sacramento, CA 95814

    The Honorable Hanna-Beth Jackson State SenatorState Capitol, Room 2032Sacramento, CA 95814

    Page 2 of 2AVOIDANCE OF RESPONSE TO 2013 LETTERS ON EXIDE DEFERRALS FROM 2...

    1/12/2017https://mail.ces.ca.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAABQRg07IUpTS6iFK1e0...

  • Phil Chandler, January 11, 2017 Comment 3Phil Chandler, January 11, 2017 Comment 3-1Phil Chandler, January 11, 2017 Comment 3-2


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