michigan department of environmental quality remediation & redevelopment division gelman...

Michigan Department of Environmental QualityMichigan Department of Environmental Quality

Remediation & Redevelopment DivisionRemediation & Redevelopment Division

Gelman Sciences, Inc. SiteGelman Sciences, Inc. SitePLS Proposal PLS Proposal

to Modify Cleanupto Modify Cleanup

May 27, 2009May 27, 2009

Sybil KolonSybil KolonDEQ Project Manager forDEQ Project Manager for

Gelman Sciences, Inc. Site Gelman Sciences, Inc. Site [email protected]@michigan.gov

517-780-7937517-780-7937

Mitch AdelmanMitch AdelmanJackson District RRD SupervisorJackson District RRD Supervisor

[email protected]@michigan.gov517-780-7852517-780-7852

AGENDAAGENDA 1 of 21 of 2

• Purpose of Meeting • Information Locations and

Staff Contacts • DEQ Authority and Oversight • Brief Environmental History• Brief Legal History• Summary of Current Requirements• Provisions for Modifications

AGENDAAGENDA 2 2 of 2 of 2

Reason for Proposed ChangesReason for Proposed Changes Criteria for Evaluating ProposalCriteria for Evaluating Proposal Overview of ProposalOverview of Proposal DEQ’s Preliminary ReviewDEQ’s Preliminary Review Review of Next Steps Review of Next Steps Public questions and commentsPublic questions and comments

Purpose of MeetingPurpose of Meeting

To summarize PLS’s Proposal to modify To summarize PLS’s Proposal to modify cleanup criteria and relevance to existing cleanup criteria and relevance to existing legal documentslegal documents

To inform the public about the DEQ’s To inform the public about the DEQ’s decision-making processdecision-making process

To accept public comment on the PLS To accept public comment on the PLS ProposalProposal

Information AvailableInformation Available

Web site: Web site: www.michigan.gov/deqrrdwww.michigan.gov/deqrrd scroll to “Contaminated Sites List” scroll to “Contaminated Sites List” and click on “Gelman Sciences, Inc. and click on “Gelman Sciences, Inc.

Information RepositoriesInformation Repositories E-mail distribution listsE-mail distribution lists

DEQ Authority and OversightDEQ Authority and Oversight

Part of DNR became DEQ in 1995Part of DNR became DEQ in 1995 Act 307 became Part 201 of the NREPA, Act 307 became Part 201 of the NREPA,

Act 451 of 1995 as amendedAct 451 of 1995 as amended The DEQ administers Part 201The DEQ administers Part 201 RRD of the DEQ also oversees RRD of the DEQ also oversees

compliance with the Consent Judgmentcompliance with the Consent Judgment

BBrief Technical Historyrief Technical History

Gelman used 1,4-dioxane from 1966 - 1986 Gelman used 1,4-dioxane from 1966 - 1986 to make medical filtersto make medical filters

Discharges to groundwaterDischarges to groundwater Dioxane soluble in water, leaches from soil Dioxane soluble in water, leaches from soil Contaminated water supply wells discovered Contaminated water supply wells discovered

in fall 1985in fall 1985 PLS began investigation in 1986PLS began investigation in 1986 Groundwater cleanup standard was 3 ppbGroundwater cleanup standard was 3 ppb

Brief Legal History Brief Legal History 1 of 21 of 2

DNR filed lawsuit against Gelman in 1988DNR filed lawsuit against Gelman in 1988 Resolved in Oct 1992 by two CJsResolved in Oct 1992 by two CJs RRD oversees cleanup and compliance RRD oversees cleanup and compliance

with CJwith CJ DEQ filed motion in court to enforce CJ in DEQ filed motion in court to enforce CJ in

20002000 Resulted in Five Year PlanResulted in Five Year Plan Unit E plume discoveredUnit E plume discovered

Brief Legal History Brief Legal History 2 of 22 of 2

Public Comment ProcessPublic Comment Process Prohibition Zone establishedProhibition Zone established Subsequent disputes mostly related to the Subsequent disputes mostly related to the

Evergreen systemEvergreen system How current process evolvedHow current process evolved Accelerated schedule dictated by courtAccelerated schedule dictated by court

Summary of Current RequirementsSummary of Current Requirements 1 of 21 of 2

Consent Judgment requires cleanup of Consent Judgment requires cleanup of Groundwater to 85 ppb Groundwater to 85 ppb

Extraction, Treatment and Discharge Extraction, Treatment and Discharge Unit E plume response actions determined Unit E plume response actions determined

in court processin court process Restrictions on use of groundwater & Restrictions on use of groundwater &

Interim Responses to reduce massInterim Responses to reduce mass

Summary of Current RequirementsSummary of Current Requirements2 of 22 of 2

Court-ordered Prohibition Zone Court-ordered Prohibition Zone Prevent migration >85 ppb in Unit E plume Prevent migration >85 ppb in Unit E plume

east of Wagner Road to extent practicaleast of Wagner Road to extent practical Prevent migration >2,800 ppb in Unit E Prevent migration >2,800 ppb in Unit E

plume east of Maple Road plume east of Maple Road MonitoringMonitoring

Provisions for Modification Provisions for Modification Existing Consent JudgmentExisting Consent Judgment

§XXIV This Consent Judgment may not be §XXIV This Consent Judgment may not be modified unless such modification is in modified unless such modification is in writing, signed by all Parties, and writing, signed by all Parties, and approved and entered by the court. approved and entered by the court. Remedial Plans, work plans, or other Remedial Plans, work plans, or other submissions made pursuant to this submissions made pursuant to this Consent Judgment may be modified by Consent Judgment may be modified by mutual agreement of the partiesmutual agreement of the parties

Provisions for Modification Provisions for Modification ((§324.20102a)§324.20102a)

(1) Notwithstanding any other provision of this (1) Notwithstanding any other provision of this part, the following actions shall be governed by part, the following actions shall be governed by the provisions of this part that were in effect on the provisions of this part that were in effect on May 1, 1995: May 1, 1995:

(3) Notwithstanding subsection (1), upon request (3) Notwithstanding subsection (1), upon request of a person implementing response activity, the of a person implementing response activity, the department shall approve changes in a plan for department shall approve changes in a plan for response activity response activity to be consistent with to be consistent with sections 20118 and 20120a.sections 20118 and 20120a.

Reason for Proposed ChangesReason for Proposed Changes

Current understanding of hydrogeology is Current understanding of hydrogeology is changed from 1992changed from 1992

2004 Unit E decision created different 2004 Unit E decision created different cleanup standard than Evergreencleanup standard than Evergreen

Connection between Evergreen plume and Connection between Evergreen plume and Unit E plume makes it difficult to apply Unit E plume makes it difficult to apply different cleanup criteriadifferent cleanup criteria

Criteria Relevant to Modifying Criteria Relevant to Modifying Cleanup and Selecting a Remedial Cleanup and Selecting a Remedial

AlternativeAlternative

Part 201 of the NREPAPart 201 of the NREPA Part 201 RulesPart 201 Rules

Criteria Relevant to Selecting a Criteria Relevant to Selecting a Remedial Alternative Remedial Alternative

(Section 20118)(Section 20118) Assure the protection of the public health, safety, Assure the protection of the public health, safety,

and welfare, and the environment (PHSWE)and welfare, and the environment (PHSWE) Except as otherwise provided, attain a degree of Except as otherwise provided, attain a degree of

cleanup and control of hazardous substances cleanup and control of hazardous substances that complies with all applicable or relevant and that complies with all applicable or relevant and appropriate requirements, rules, criteria, appropriate requirements, rules, criteria, limitations and standards of state and federal limitations and standards of state and federal environmental law (ARARs)environmental law (ARARs)

What does “...as otherwise What does “...as otherwise provided” mean?provided” mean?

Law allows the following rules to be Law allows the following rules to be “waived” under certain conditions“waived” under certain conditions Rule 705 (5): plume can’t expand after start of Rule 705 (5): plume can’t expand after start of

cleanupcleanup Rule 705(6): active cleanup required unless Rule 705(6): active cleanup required unless

naturally occurring chemical or biological naturally occurring chemical or biological process is documented to be taking placeprocess is documented to be taking place

Additional Criteria (Section Additional Criteria (Section 20118 and Rule 603)20118 and Rule 603)

Remedies that permanently and significantly Remedies that permanently and significantly reduce the mobility, toxicity, or volume (MTV) of reduce the mobility, toxicity, or volume (MTV) of hazardous substanceshazardous substances

Effectiveness in protecting PHSWEEffectiveness in protecting PHSWE Long-term uncertaintiesLong-term uncertainties Persistence, toxicity, mobility and propensity to Persistence, toxicity, mobility and propensity to

bioaccumulatebioaccumulate Short-term and Long-term potential for adverse Short-term and Long-term potential for adverse

health effects from human exposure health effects from human exposure Cost (R. 601(3)) – only among alternatives that Cost (R. 601(3)) – only among alternatives that

adequately protect PHSWEadequately protect PHSWE

Additional Criteria (Section Additional Criteria (Section 20118 and Rule 603)20118 and Rule 603)

ReliabilityReliability Potential for future remedial costs if alternative Potential for future remedial costs if alternative

failsfails Potential threat to HHSWE associated with Potential threat to HHSWE associated with

excavation, transportation and re-disposal or excavation, transportation and re-disposal or containment containment

Ability to monitor remedial performanceAbility to monitor remedial performance Public perspective about the extent to which the Public perspective about the extent to which the

proposed remedial action effectively addresses proposed remedial action effectively addresses the Part 201 requirements (statute and rules)the Part 201 requirements (statute and rules)

Overview of ProposalOverview of Proposal West of Wagner Road West of Wagner Road 1 of 21 of 2

Operate selected extraction wells for mass Operate selected extraction wells for mass removal (about 600 gallons per minute)removal (about 600 gallons per minute)

Includes new extraction well near Wagner Includes new extraction well near Wagner Road (near MW-94s)Road (near MW-94s)

Prevent expansion of 85 ppb except to east Prevent expansion of 85 ppb except to east into Prohibition Zoneinto Prohibition Zone

Turn off extraction wells when 500 ppb or Turn off extraction wells when 500 ppb or less & extent of 85 ppb would not expandless & extent of 85 ppb would not expand

Overview of ProposalOverview of Proposal West of Wagner Road West of Wagner Road 2 of 22 of 2

Place deed restrictions on remaining Place deed restrictions on remaining properties >85 ppbproperties >85 ppb

Monitoring to determine if extent of Monitoring to determine if extent of dioxanedioxane >85 ppb is stable>85 ppb is stable

Does not address Western SystemDoes not address Western System

Overview of ProposalOverview of Proposal East of Wagner Road East of Wagner Road 1 1 of 2 of 2

Expansion of the Prohibition Zone into the Expansion of the Prohibition Zone into the Evergreen areaEvergreen area

Prevent migration >2,800 ppb in Unit E Prevent migration >2,800 ppb in Unit E plume east of Maple Road for expanded plume east of Maple Road for expanded PZPZ

Reduce purging from Evergreen purge Reduce purging from Evergreen purge wells (LB-1 & LB-3) to 150 gpmwells (LB-1 & LB-3) to 150 gpm

Overview of ProposalOverview of Proposal East of Wagner Road East of Wagner Road 2 of 22 of 2

New pipeline from Maple Rd. purge well New pipeline from Maple Rd. purge well (50 gpm from TW-19) to Evergreen area to (50 gpm from TW-19) to Evergreen area to transfer to PLS property for treatmenttransfer to PLS property for treatment

Potential new purge well near Rose & Potential new purge well near Rose & Valley would be consideredValley would be considered

Additional well identification surveyAdditional well identification survey Monitoring to detect any migration of Monitoring to detect any migration of

plume outside of expanded PZplume outside of expanded PZ

Remedy Selection Criteria Applied to Remedy Selection Criteria Applied to PLS Proposal (After preliminary review PLS Proposal (After preliminary review

by JRRD)by JRRD)Assure the protection of the PHSWE?Assure the protection of the PHSWE?

No, or uncertain as proposedNo, or uncertain as proposed• Extent of 85 ppb concentration is uncertainExtent of 85 ppb concentration is uncertain• How can we be assured of no expansion of 85 if How can we be assured of no expansion of 85 if

purge wells turned off as currently proposedpurge wells turned off as currently proposed• Uncertainty about potential for NE flow from Uncertainty about potential for NE flow from

Evergreen toward Barton PondEvergreen toward Barton Pond• Inadequate monitoring planInadequate monitoring plan• No contingency planNo contingency plan

Remedy Selection Criteria Applied to PLS Remedy Selection Criteria Applied to PLS Proposal (After preliminary review by JRRD)Proposal (After preliminary review by JRRD)

Comply with ARARs?Comply with ARARs?• Does not comply with Part 201 as Does not comply with Part 201 as

proposedproposed• No additional ARARs identifiedNo additional ARARs identified


Waiver of 705 (5) & (6)?Waiver of 705 (5) & (6)? Proposal doesn’t ask for a waiverProposal doesn’t ask for a waiver Waiver required for EvergreenWaiver required for Evergreen West of Wagner Rd., with stated goal of no West of Wagner Rd., with stated goal of no

further expansion, no waiver requiredfurther expansion, no waiver required


Permanent/significant reduction of MTV?Permanent/significant reduction of MTV?

Volume: proposal includes additional mass Volume: proposal includes additional mass removalremoval

Mobility: when purging stops, hazardous Mobility: when purging stops, hazardous substances will continue to be mobile in the substances will continue to be mobile in the aquifer(s) at concentrations of concern, aquifer(s) at concentrations of concern, unless all concentrations are < 85ppb. unless all concentrations are < 85ppb.

Toxicity: relevant in unrestricted areaToxicity: relevant in unrestricted area


Effectiveness in protecting PHSWE and Effectiveness in protecting PHSWE and Long-term uncertainty?Long-term uncertainty? High degree of uncertainty as proposed:High degree of uncertainty as proposed:

• Better Evergreen monitoring needed to confirm Better Evergreen monitoring needed to confirm eastward flow hypothesiseastward flow hypothesis

• Source control measures may not be adequateSource control measures may not be adequate• Unclear how one could demonstrate that reduction Unclear how one could demonstrate that reduction

of purging west of Wagner will result in no of purging west of Wagner will result in no expansion if concentrations > 85 ppb remainexpansion if concentrations > 85 ppb remain

Remedy Selection Criteria Applied to PLS Remedy Selection Criteria Applied to PLS

Proposal (After preliminary review by JRRD)Proposal (After preliminary review by JRRD)

Persistence, toxicity, mobility and propensity Persistence, toxicity, mobility and propensity to bioaccumulate?to bioaccumulate? 1,4-D is highly persistent and mobile in 1,4-D is highly persistent and mobile in

groundwater groundwater Toxicity - is suspected carcinogenToxicity - is suspected carcinogen Bioaccumulative – has low propensityBioaccumulative – has low propensity


Short-term and Long-term potential for Short-term and Long-term potential for adverse health effects from human adverse health effects from human exposure?exposure?• Prohibition zone, combined with monitoring Prohibition zone, combined with monitoring

should reduce the long-term exposureshould reduce the long-term exposure• Monitoring plan is not adequateMonitoring plan is not adequate


Costs?Costs? Unable to form an opinion, as this factor is Unable to form an opinion, as this factor is

only relevant among equally protective only relevant among equally protective alternatives, and the proposal is not alternatives, and the proposal is not protectiveprotective


Reliability?Reliability? Unsure about migration pathway (both Unsure about migration pathway (both

Evergreen and west of Wagner)Evergreen and west of Wagner) Lack of contingency plan impacts our Lack of contingency plan impacts our

assessment of reliabilityassessment of reliability


Potential for future remedial action costs if Potential for future remedial action costs if alternative fails?alternative fails?

There is potential for higher remedial There is potential for higher remedial action costs than current if Evergreen action costs than current if Evergreen pumping is curtailed and/or stopped, and pumping is curtailed and/or stopped, and the plume flows toward municipal supply the plume flows toward municipal supply and further remedial action becomes and further remedial action becomes warrantedwarranted

Potential expansion west of WagnerPotential expansion west of Wagner


Potential threat to HHSWE associated with Potential threat to HHSWE associated with excavation, transportation, redisposal or excavation, transportation, redisposal or containment?containment?

AdequateAdequate


Ability to monitor remedial performance?Ability to monitor remedial performance? Proposed monitoring plan is inadequateProposed monitoring plan is inadequate Complex hydrogeology and the nature of Complex hydrogeology and the nature of

the hazardous substance necessitates the hazardous substance necessitates robust monitoring networkrobust monitoring network

Unclear how one could demonstrate that Unclear how one could demonstrate that reduction of purging west of Wagner will reduction of purging west of Wagner will result in no expansion if concentrations > result in no expansion if concentrations > 85 remain85 remain


Public perspective about the extent to which Public perspective about the extent to which the proposed remedial action effectively the proposed remedial action effectively addresses the Part 201 requirements addresses the Part 201 requirements (statute and rules)?(statute and rules)?

This will be assessed during the public This will be assessed during the public comment period, which is part of what comment period, which is part of what tonight’s meeting is for.tonight’s meeting is for.

JRRD RecommendationJRRD Recommendation

Due to a number of deficiencies, Due to a number of deficiencies, including insufficient monitoring plan, including insufficient monitoring plan, lack of contingency plan, uncertainty lack of contingency plan, uncertainty about migration pathways, and about migration pathways, and uncertainty about the current location of uncertainty about the current location of the 85 ppb iso-concentration, the the 85 ppb iso-concentration, the proposed plan lacks sufficient detail to proposed plan lacks sufficient detail to be either conditionally or unconditionally be either conditionally or unconditionally approved, and should be denied.approved, and should be denied.

Review Next StepsReview Next Steps June 3 - DEQ quality review team meeting June 3 - DEQ quality review team meeting June 8 – end of public commentJune 8 – end of public comment June 12 – DEQ response to public June 12 – DEQ response to public

commentcomment June 15 – DEQ response to PLS proposalJune 15 – DEQ response to PLS proposal July 8 – DEQ & PLS to file motions July 8 – DEQ & PLS to file motions

seeking court approval of proposal or to seeking court approval of proposal or to resolve disputesresolve disputes

Public CommentPublic CommentWritten comments must be Written comments must be

received by June 8, 2009received by June 8, 2009

[email protected]@michigan.gov

Sybil KolonSybil Kolon

MDEQ-RRDMDEQ-RRD

301 E. Louis Glick Highway301 E. Louis Glick Highway

Jackson, Michigan 49201Jackson, Michigan 49201

michigan department of environmental quality remediation & redevelopment division gelman...

Documents

ppb brief legal history

cleanup of groundwater

groundwater cleanup

year planunit e plume

ppb extraction

legal documentsto

cleanup criteria

court processrestrictions