Department of Toxic Substances ยท Control The Plan to Expedite and Expand Testing and Cleanup of Properties Contaminated by Exide March 2016 EPA-R9-20 16-005534-0021791 Q February 17,2016, Governor Brown proposed a $176.6 million Plan to expedite and expand testing and cleanup of residential properties, schools, daycare centers and parks (affected properties) around the former Exide Technologies facility in Vernon, California. The Plan has three parts: The Plan will ensure testing of all affected properties within a 1. 7 mile radius of the facility, and removal of contaminated soil where lead levels are the highest and potential exposure the greatest. The Plan expands community and local government engagement in the testing and cleanup process, develops and enhances coordination and job training for community residents, and promotes the use of local business and labor. The Plan calls for a California Environmental Quality Act (CEQA) exemption to help expedite the cleanup. "With this funding plan, we're opening a new chapter that will help protect the community and hold Exide responsible." Governor Brown (February 2016) r"\rrent data show that Exide's releases Vmay potentially impact up to 10,000 properties. The Plan calls for testing all of the properties that the Department of Toxic Substances Control (DTSC) has not yet tested (estimated at 8,500), and cleaning up soil at properties with the highest levels of lead and the greatest chance for exposure to lead (estimated at up to 2,500). l h e Plan calls for testing and cleaning up at / an unprecedented rate; testing all proper- ties in the first year and cleaning up to 2,500 properties over an estimated two years. EPA-R9-20 16-005534-0021792 Several factors can impact this rate, including lution); building cleanup capacity (i.e. training any required process under CEQA, absent an people and contracting with businesses); and exemption; difficulties in analyzing and miti- the logistics of communicating and coordi- gating impacts that may occur as a result of the nating with people who live in the properties cleanup (e.g. increased truck traffic and air pol- that will be tested and cleaned up. r-\rsc must first obtain the necessary ac- soil from select properties to best identify the L./cess agreements to conduct testing or sources of lead. Contaminated soil is removed cleanup activities. Then, DTSC uses a hand and replaced with clean fill. Yards are then re held X-ray fluorescence device (XRF) to quickly landscaped, and the interior of residences analyze soil and paint for lead. DTSC employs cleaned. several state -of-the-art techniques to analyze n November 2013, DTSC ordered Exide to / test for lead in areas of Boyle Heights, East Los Angeles (called the 11 Northern Assessment Area"), and Maywood (called the 11Southern Assessment Area"). The South Coast Air Quality Management District identified these areas as being most likely affected by Exide's releases. Results found elevated levels in the soil of 39 homes. In November 2014, DTSC ordered Exide to test for and clean up lead contamination in all properties in the Assessment Areas. DTSC oversaw the cleanup of 186 residential properties in these Areas. While the residential properties in the Assessment Areas were undergoing cleanup, DTSC used specialized testing and analysis outside of Area of Investigation. That same month, DTSC the Assessment Areas to better identify the began testing 1,500 properties and cleaning 50 extent of Exide's impacts. In August 2015, properties in the Preliminary Area of Investiga- DTSC announced that Exide's contamination tion. may potentially extend up to 1. 7 miles from the facility. This area is called the Preliminary EPA-R9-20 16-005534-0021793 By February 24, 2016, DTSC had done the fol- highest lead levels and greatest chance of lowing activities in the Preliminary Area of In- exposure as 11 Priority 1" vestigation: Cleaned up 16 residential properties Collected 771 access agreements to allow soil testing and needed cleanup on properties To date, DTSC has removed more than 10,000 tons of contaminated soil and analyzed more than 20,000 soil samples from hundreds of Tested soil at 416 properties properties. Assigned 126 residential properties with the n 2014, Exide was in bankruptcy, which lim/ ited options for securing any near -term In August 2015, the Administration and Legislature provided $7 million to test 1,500 proper- funds. Despite this bankruptcy, DTSC ordered ties and cleanup 50 properties. DTSC is also Exide to pay $9 million to fund the testing and collecting data to identify the sources of con- cleanup of residential properties in the Assess- tamination found and the potentially responsi- ment Areas. The Order authorizes DTSC to col- ble parties for the contamination. lect payment from Exide for cleanups and other costs after 2019. DTSC is working with the Attorney General's Office to pursue Exide, and other parties who In 2015, DTSC told Exide that DTSC would deny may be responsible for contamination. DTSC Exide's permit application. DTSC also amended will use all available remedies to recover re- its order, requiring Exide to pay $5 million sponse costs, including testing and cleanup more by 2020 as an added down payment for costs, from Exide and other potentially respon- cleanup. sible parties. L ead sources can include battery and other industrial facilities, lead paint and water Even low levels of lead in the blood can harm human health, especially children's health. The pipes, lead from fuel combustion, and hobby attachment to this FAQ contains more infor- items. Exposure can occur by eating or breath- mation on health effects and ways to reduce ing in this metal. exposures. Please contact DTSC's Residents Hotline at (844) 225-3887. EPA-R9-20 16-005534-0021794 C alifornia law requires compliance with issuance of a Negative Declaration under CEQA for cleanups that may adversely CEQA. DTSC used an Addendum to the Nega- impact the environment (e.g. increased truck tive Declaration to approve the cleanup of up traffic and air pollution). DTSC would likely to 50 residences in the Preliminary Area of In- need to conduct an Environmental Impact Re- vestigation. The additional cleanups funded port (EIR) before cleaning up potentially thou- under the Plan would likely require an EIR. sands of properties in the Preliminary Area of Investigation. Cleanups in the Assessment Areas were con- Absent a CEQA exemption, property clean ups will most likely be delayed until at least the end of the year. ducted after a study, public comment, and the lhe levels of lead contamination are not I considered an emergency. However, if clean up the lead contamination as soon as possible. any emergency conditions are found, DTSC will \/es. DTSC would still analyze and then T mitigate harmful effects that may occur would prevent further exposures at affected properties cleaned up under the Plan. DTSC from a cleanup. Such effects may include in- has a robust public participation process, in- creased traffic, additional noise and air pollu- cluding an Advisory Group with a Technical Ad- tion, and reduced parking. An exemption visor, to receive input from the community. would allow cleanup to happen sooner and lhe Plan calls for testing and cleaning up at I an unprecedented rate: testing up to an estimated 8,500 properties in one year; and, years. DTSC, local governments and others must continue to work together to help get access agreements and increase testing. cleaning up as many as 2,500 properties in two EPA-R9-20 16-005534-0021795 Several factors can impact this rate, including DTSC is continuing to compile the information building testing capacity (i.e. training people necessary to accurately assess the labor, train- and contracting with businesses) and coordi- ing and contracting requirements needed to nating with residents living in the Preliminary increase testing and cleanup activities. Area of Investigation. l h e $7 million appropriation in August is / being used to test up to 1,500 properties. The Plan will allow DTSC to test the remainder of the properties in the Preliminary Area of DTSC expects to finish this testing by July 2016. Investigation within one year. 1'""\,ce legislation is enacted to provide DTSC will also develop and expand the training Vfunding for the Plan and a CEQA exemp- of local workers and contracting opportunities tion for cleanup, DTSC can begin immediately with local businesses. building out its capacity to test and cleanup additional properties. r-\rsc will use hand -held XRF devices that occur if lead paint is found and is peeling from L./quickly analyze metals in soil and lead structures. This is to address possible recon- paint. Each property will have multiple soil tamination after cleanup. DTSC will employ tests analyzed at different depths. Paint will state-of-the-art techniques to analyze soil at be tested for lead, and additional testing will select properties to best identify lead sources. l h e cost of testing using an XRF device av/ erages roughly $2,000 per property. How- ever, this cost can vary, depending on the level of moisture in the soil, size of the property, the amount of the property covered with concrete or other material, and other factors. The specialized tests at residential properties can cost more than $10,000. EPA-R9-20 16-005534-0021796 lhis Plan will clean up properties where the I top three inches have a lead reading at or lead level at or above 400 ppm in the top three inches, and there is a vulnerable person living above 1,000 parts per million (ppm); two soil in the residence. At schools, parks, and formal tests at or above 1,000 ppm within 18 inches of and informal daycares, DTSC will also remove the surface; or exposed soil, test results with a lead levels of concern. I f contaminated soil is found, the soil is re- dences cleaned with a HEPA vacuum, and oth- moved and replaced by clean fill. The yards er surfaces are cleaned to remove dust. are then re-landscaped and the interior of resi- l h e Plan calls for cleaning up an estimated I 2,SOO properties rate in two years. at an unprecedented Several factors can impact the ability to sustain the rate necessary to clean up 2,SOO properties in two years, including process under CEQA; difficulties in analyzing and mitigating impacts (e.g. increased truck traffic and air pollution); building cleanup capacity (i.e. training people and contracting with businesses); and the logis- tics of coordinating with thousands of people who live in the Preliminary Area of Investigation. Estimated* Rate of Testing and aeaning Up Properties Date Properties Tested Properties aeaned Up Total Properties Tested Total Properties aeaned Up July2016 1,SOO- 2,000 so- 82 1,SOO- 2,000 so- 82 July2018 n/a 840 10,000 2,500 *Estimated rates may vary as DTSC executes and implements contracts to test and clean up properties. EPA-R9-20 16-005534-0021797 lhe average cost of cleaning up a residen/ tial property is generally between $40,000 property (e.g. a single family home, duplex, apartment building or school), as well as the and $50,000, although this number can vary amount of soil covered with concrete or other greatly depending on the size and type of the material. N o. Local governments are the primary cure a federal grant from the Department of entities to address this threat. However, Housing and Urban Development to stabilize DTSC is working with local governments to se- lead-based paint. r-\rsc will require that contaminated soil be location of the facilities when it approves the L./disposed only at facilities authorized to Plan. accept such material. DTSC will determine the D. SC will ensure that residents are protect- ed from exposure to dangerous levels of Covering trucks that transport soil Relocating residents during cleanups contaminated soil during all cleanup activities. The approved Plan will contain the final safe- Interior cleaning of residences following guards. However, DTSC has used various safe- the removal of contaminated soil guards to protect people during the hundreds of past cleanups around Exide's facility, including: Dust suppression requirements Air monitors to detect dust Sealing windows and vents on residences HEPA vacuuming exterior surfaces that come into contact with contaminated soil Cleaning equipment to remove contaminated material EPA-R9-20 16-005534-0021798 h r-\rsc will immediately contact local health L.Jofficials. DTSC will also test soil at the results show dangerous levels of lead in the soil, DTSC will clean up the contaminated soil. property where the individual lives. If testing r-\rsc soil testing and analysis have shown L.lthat Exide contamination may potentially extend up to 1. 7 miles away from the facility. While Exide is responsible for paying to clean up the contamination, other facilities that released lead may also be responsible. DTSC will work with the Attorney General's Office to hold potentially responsible parties accountable for cleanup costs under available state and federal laws. DTSC will rely on scientific experts to identify sources of lead to help make polluters pay. r-\rsc will work with the Attorney General's multi-national corporation operating on several L.JOffice to hold Exide and any other poten- continents. DTSC will use all available tools to tially responsible parties accountable for the make Exide and other polluters pay to clean up costs of cleaning up the contamination. While the contamination. Exide has just emerged from bankruptcy, it's a EPA-R9-20 16-005534-0021799 n February 2015, DTSC informed Exide of the DTSC's regulations required Exide to submit a / Department's intent to deny Exide's applica- Closure Plan for safely cleaning and decon- tion for a permit. Exide then withdrew its ap- structing the facility. State law also requires plication, and DTSC terminated Exide's authori- DTSC to prepare an EIR for the closure of the zation to manage hazardous waste in May facility. 2015. "DTSC is absolutely committed to safeguarding communities and protecting the environment throughout the closure process." DTSC Director Barbara Lee (Jan. 2016) r-'\rsc began a 30-day public comment peri- In November 2015, Exide submitted its revised L./od on the closure process from May to draft Closure Plan. In December 2015, DTSC June in 2015, and held a scoping meeting in issued its Draft EIR for Exide's draft Closure June 2015 to get public input on the proposed Plan. DTSC held a public hearing on the draft scope of a Draft EIR for closing the facility. document in February 2016. Exide began to produce a formal draft closure At the public's request, DTSC has extended the plan in June and July 2015, which DTSC re- public comment period on the draft Closure viewed in August and presented to the Exide Plan and Draft EIR until March 28, 2016. Advisory Group in September 2015. DTSC proposed changes to the draft Closure Plan in October 2015. Within 30 days after DTSC approves a Final Closure Plan, Exide must begin to implement the approved plan. EPA-R9-20 16-005534-0021800 If 17" Fit/r??! 3H 1" 4% a egg/W. #9 :la; Whiz/2 91/, m? My? 1? a' no"! wig? 6?.?er [g 4? vw EPA-R9-2016-005534-0021801