Green Delaware Alert 540

  

An "Independent study" of DuPont's Edge Moor, Delaware, Dioxin Pile has been released by Delaware regulators

The report ( http://www.awm.delaware.gov/SIRBIronRichSite.htm) confirms that DuPont manipulated, distorted, and misrepresented facts in a campaign to save money by not removing a waste pile.

"The attempt to abandon this illegal dump on the Delaware River is part of a long history of irresponsible mishandling of dangerous wastes by DuPont, and also by Delaware regulators.  The Dioxin Pile has got to go!"
--Alan Muller, Green Delaware

"Public comments may be submitted in writing until 4:30 p.m. Friday, March 2, 2007, to: Qazi Salahuddin, Ph.D., Program Manager, DNREC-SIRB, 391 Lukens Drive, New Castle, Delaware 19720 or via email to qazi.salahuddin@state.de.us"

January 30, 2007

This Alert contains much background information that many readers will not need.  Feel free to skip down to our commentary on the actual report.  Further detail on most points mentioned are available at www.greendel.org. Search on "Dioxin Pile," etc.

Background

DuPont accumulated a giant pile of dangerous wastes near the banks of the Delaware River and Shellpot Creek in the City of Wilmington, Delaware.  The pile was accumulated between 1997 and 2001 and contains about 420 thousand cubic yards (550 thousand tons) of wastes.  Originally it covered 23 acres but in 2001 it was bulldozed up into a higher pile covering 16 acres and goop ("polymer coat") was sprayed on it to reduce dust blowing.

the wastes, which DuPont calls "Iron Rich," contains dioxins, PCB's, arsenic, radioactive uranium and thorium, hexachlorobenzene, and many other toxic and cancer-causing chemicals.  Only a few of these were considered in the "risk assessments" DuPont has offered up.

The pile sits on a layer of "dredged material" (called DM in the report) from the Delaware River.

DuPont now produces about 100 thousand tons per year of these wastes at its Edge Moor, Delaware plant, and similar or greater amounts at plants in DeLisle, Mississippi, New Johnsonville, Tennessee, and Altamira, Mexico.  These wastes were also formerly produced at a DuPont plant in Antioch, California.

These wastes are a byproduct of making titanium dioxide ("TiO2"), a white pigment used in paint and many other products.  The TiO2 itself, if not contaminated, is considered relatively harmless.

DuPont has been using the present "chloride" process for making TiO2 at Edge Moor since about 1956.  DuPont was the first in the world to commercialize this process and Edge Moor was the first such plant in the world. 

Until very recently DuPont did not admit that these wastes were harmful.  The company handled them in the most casual manner and sought to sell them or give them away as construction materials and for other uses.  In the Edge Moor area alone, in addition to the famous "pile," these "Iron Rich" wastes have been piled up in three other dumps, used as "cover"on the Cherry Island garbage dump, and used as berm material by the US Army Corps of Engineers in river-dredging projects.

(In Contra Costa county, California, similar wastes from DuPont's Antioch plant were used as road base and in the construction of driveways and playgrounds at public schools.  The roads cracked and up came dioxin-contaminated black ooze.  At lease two public schools had these wastes dug up and removed.)

DuPont is now sending current Edge Moor wastes by rail to a garbage dump in Lee County, South Carolina.  But DuPont claims it would be too dangerous to move the Pile.

Back to the Dioxin Pile:

DuPont piled up these wastes, supposedly with the intent of selling them.  They, after-the-fact, DuPont sought to abandon the pile, essentially converting the site into a permanent hazardous waste dump.

All DuPont really wants to do is put a plastic cover over the pile.

Delaware environmental regulators (DNREC) went along with all this.  One Friday afternoon at 6:00 P.M. they held a public meeting, hosting it jointly with their buddies from DuPont.  They said all was well and they planned to approve the DuPont plan on Monday.

Green Delaware representatives and others were at the meeting to say "NO!"  Officials quickly backtracked, public hearings were held, and publicity was extensive. 

State officials, however, seemed unable to grasp the reality of the situation.  DNREC official Jim Werner, for example, repeatedly claimed that "there is no dioxin" in the Dioxin Pile, even after DuPont admitted to Green Delaware that it likely contained hundreds of pounds of the substance.

A resolution of the Delaware General Assembly called for an "independent study" of the Dioxin Pile.  Green Delaware and others opposed the resolution, noting that it did not include any meaningful role for the community.  Many felt that Rep. Diana McWilliams--who reportedly used to work for DNREC--was actually representing DuPont and DNREC rather than her constituents.  The General Assembly ignored these concerns, the resolution was passed, and a Dec. 20, 2006, report prepared by Schnabel Engineering (West Chester, PA, office) has been released.

In general, the 98 page report is more informative than we expected.  Written, as such reports usually are, in dense techno-regulatory language, it nevertheless makes clear that the DuPont/DNREC proposal to abandon the pile is, literally, full of holes.

Green Delaware will submit detailed comments later, and will offer our readers an opportunity to "sign on" to them.

For the moment, here is a summary of a few key point--far from all of them--from the report.  We will cover more in follow-up Alerts:

{Translations into plain language are market this way.]

The report was based solely on information reported by DuPont, plus one site visit.

"For the 420,000 cubic yards ... a total of 7 samples were collected from the IRM [Iron Rich Material.  That is, the wastes] at the Edge Moor Plant.  To date, no in situ analytical data has been collected from the IRM pile."

{Not a single sample has ever been analyzed from the pile itself.}

"the groundwater underlying the IRM has not been fully characterized and ground water monitoring locations are not located to effectively establish the existing impacts of the stockpiled IRM on the ground water quality and (2) to monitor the future impacts of the proposed remedy."  Additionally, semi- volatile organic compounds such as HCB [hexachlorobenzene] and hexachlorobutadiene (HCBD), reported in DM [dredged material under the pile] ... have not been analyzed ....  Because of this, ground water has not been sufficiently characterized to effectively ... [design a cleanup plan].

{DuPont has not reported what contamination is actually in the groundwater and apparently has avoided finding out.}

"... the IRM has not been sufficiently characterized to allow for the effective risk assessment of the proposed remedy."

{Not enough is known about the contents of the pile to say that leaving it there is safe.}

"The human health and ecological risk assessments for the site may have significant shortcomings."

"The human health risk assessment (HHRA) has ignored a potentially critical exposure scenario related to off site downwind receptors ...."

{Danger of toxic dust blowing off the site was ignored.}

"... the ecological risk assessment (ERA) appears to have ... excluded hazards related to potential direct exposure of wildlife ... [birds and animals] ... were observed foraging in the ... [wastes] ... during our site ... visit."

"... worker safety and health measures have been proposed as the basis for addressing potential direct exposure to the IRM. [but] ... the site ... visit revealed the absence of such measure and practices ... [including] ... apparent lack of use of personal protective equipment and monitoring ....

{Site workers are not being protected from the toxins in the waste, endangering their health.}

"[The DuPont proposal] ... has used language which appears to preclude corrective actions that require groundwater ...[pumping] and or treatment."

{DuPont has written language into the proposal that could later be used as an excuse for not cleaning up groundwater contamination.}

"The allowable concentrations provided for iron, manganese, and HCB do not appear to be protective of human health and the environment."

{The DuPont plan would allow exposure to dangerous levels of toxins.}

"... DuPont has overstated the life of the proposed capping systems.  [DuPont claims hundreds of years, but] ... "We believe it is more likely on the order of a few decades."

"Regarding [the option of removing the pile] ... we believe it was not exhaustively evaluated, particularly for the use of rail transportation options (In lieu of trucking)."

"Samples of the material ...[under the pile] were not collected and therefore not evaluated for their permeability characteristics."

"...documents reviewed and the data presented at the hearings do not adequately address the current conditions, nor the long term potential of contaminants migrating from the IRM to the ground water, and then to the surface water."

{Toxins in the pile might get into the groundwater, Shellpot Creek, and the Delaware River.}

"One [public] concern was that leachate from the IRM would migrate downward into the groundwater and subsequently into the Shellpot Creek and into the Delaware River... this appears to be the case."

"Observations made during a recent site visit (July 2006) indicated that several surface areas were in need of repair under the current operations and maintenance procedures.  This does not bode well for DuPont's long-term stewardship of the site."

"...[cancer risk] ... calculated by DNREC staff ... [from eating dioxin-contaminated fish from Shellpot Creek] ... is approximately 10 to 5000 times higher than that calculated by DuPont."

Is this enough bad news for the moment?  Probably.

But the good news is that the report make clear that we--the objecting people--were 100 percent in our objections to the DuPont plan.

The report should also be helpful to communities near other DuPont TiO2 plants including New Johnsonville, TN, where DuPont is now trying to expand a waste dump.

If people stand firm, DuPont should eventually end up removing the Pile.

ACTION:

Contact:

o       State Senators and Representatives;
o       Governor Ruth Ann Minner: 1.800.292.9570, mark.brainard@state.de.us;
o       DNREC Secretary John E. Hughes: 1.302.739.9000, john.hughes@state.de.us;
o       New Castle County Executive Chris Coons: 395.5101, ccoons@co.new-castle.de.us;
o       Wilmington City officials
o       Send, of course, "public comments" to DNREC at qazi.salahuddin@state.de. us

Ask that the stalling stop and removal of the Pile begin.  The time for excuses and delays is over.  The time for action to improve the health of our communities has arrived.

Green Delaware is a community based organization working on environment and public health issues.  We try to provide information you can use.  Please use it.  Do you want to continue receiving information from Green Delaware?  Please consider contributing or volunteering.  Reach us at 302.834.3466, greendel@dca.net, www.greendel.org , Box 69, Port Penn, DE, USA, 19731-0069