************************************************************* United States Environmental Protection Agency Office of Public Affairs Region 5 77 West Jackson Blvd. Chicago, IL 60604 This fact sheet will tell you about: - History of the Bloomington PCB-contaminated Sites - Consent Decree - Public Involvement - Permit Applications Update - Future Directions - Where to obtain more information HISTORY OF THE PCB CONTAMINATED SUPERFUND SITES Bloomington, Indiana February 1994 BACKGROUND From 1958 to 1977, Westinghouse Electric Corporation (Westinghouse) manufactured electrical capacitors containing polychlorinated biphenyls (PCBs) at their Bloomington, Indiana Plant. Off-specification capacitors were discarded in local landfills and limestone quarries. In 1976, Congress passed the Toxic Substances Control Act (TSCA), which restricted the use of PCBs for most commercial purposes. In 1977, Westinghouse discontinued the manufacture of capacitors containing PCBs in their Bloomington plant. The United States Environmental Protection Agency (EPA) has identified eight sites in Monroe and Owen Counties, Indiana containing a large volume of PCB-contaminated materials (See page 2, PCB Contaminated Super Fund Sites in Monroe and Owen Counties, Indiana). The eight sites were designated as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as "Superfund") sites. Two (ABB Plant and Fell Iron and Metal) are being addressed under EPA's removal program and the other six (Winston Thomas, Anderson Road Landfill, Bennett's Dump, Lemon Lane Landfill, Neal's Dump, and Neal's Landfill) were addressed under the remedial program. Four (Bennett's, Lemon Lane, Neal's Dump, and Neal's Landfill) of the six remedial sites scored above 28.5 on the Hazard Ranking System (HRS) and were therefore designated as National Priorities List (NPL) sites. Westinghouse, as a Potentially Responsible Party (PRP), is required to clean up the ABB Plant and Fell Iron and Metal sites under a CERCLA Administrative Order, while the other six sites are covered under a consent decree entered in 1985 and subject to the jurisdiction of the Federal District Court for the Southern District of Indiana. The consent decree parties include EPA, the State of Indiana, the City of Bloomington, Monroe County and Westinghouse. CONSENT DECREE The consent decree identified six PCB-contaminated sites and outlined the terms agreed by the above-listed consent decree parties for the cleanup of these sites. One of the requirements of the consent decree is that Westinghouse design and construct a high temperature incinerator fueled by municipal solid waste to treat the estimated 650,000 cubic yards containing PCB contaminated material from the six Bloomington sites. Westinghouse is also responsible for disposal of the resulting incinerator ash. To meet this requirement, Westinghouse has submitted applications for construction of an ash landfill in the Washington Township area of Bloomington. Both the incinerator and ash landfill are required to meet all applicable federal, state and local laws. PUBLIC INVOLVEMENT After the signing of the consent decree and during some of the initial removal actions at the sites, the EPA regional office received numerous letters complaining about the lack of public involvement in the decision-making process. In January, 1989, a Public Information Center was established in Bloomington to provide on-going information to the citizens regarding the cleanup. By November, 1989, a Citizens Information Committee (CIC) was formed to provide an avenue for information sharing and dialogue between EPA Region 5 and the community. The committee is composed of private citizens and representatives of local and state governments, environmental activist and civic groups, Indiana University, the legal community, medical and health professionals, and the Bloomington Chamber of Commerce. The committee meets every six weeks to discuss issues of immediate community concern regarding the local PCB sites. Committee members are charged with the responsibility of disseminating information to their members. The meetings are videotaped for the public and are aired on the local public access channel. EPA has held more than 16 public meetings and information forums as well as published and distributed numerous fact sheets regarding the Bloomington PCB sites. EPA has also visited residents adjacent to the PCB CONTAMINATED sites to discuss the cleanup as it progresses in their neighborhood. EPA has set up and maintained four information repositories in the county to provide information on the Bloomington PCB sites to the public. Residents can go to the local office or to one of the four information repositories to seek information regarding the sites. PERMIT APPLICATIONS UPDATE In July, 1991, Westinghouse submitted permit applications for the incinerator and ash landfill to the EPA and Indiana Department of Environmental Management (IDEM). Several major permits must be obtained covering all aspects of these two facilities. These include design, operation, emissions, air quality, ground water monitoring, and environmental impact. (See EPA Information Update: Westinghouse Permit Application and Review Process, August, 1991 for more information regarding the permitting process.) If Westinghouse is to build both the incinerator and the ash landfill they must also conduct risk assessments relative to the operations of both facilities to evaluate the threat posed to human health and the environment. Immediately following Westinghouse's submission of the permit applications, the State of Indiana enacted a 1991 law (IC 137-16.5-9) requiring that IDEM conduct a study of alternative PCB clean-up technologies before permit applications for a hazardous waste incinerator would be considered. The State of Indiana enacted another law in 1992 (IC 13-7-8.6-5.3). This law requires that a person who proposes to construct a hazardous waste disposal facility, e.g., incinerator, obtain a certificate of environmental compatibility (CEC) from the state. In addition, the 1992 law prevented the issuance of a CEC for the construction or operation of an incinerator used to destroy PCBs, or that is operated as a hazardous waste facility, unless the incinerator has been incorporated into an approved solid waste management plan. Indiana law prevents the issuance of a CEC for a PCB incinerator unless the study of alternative technologies (required by the 1991 law) has been completed. In 1993, the State of Indiana enacted another law (IC 137-8.5-11.3) which prevented the state from issuing a permit for the construction or operation of a hazardous waste facility used for incineration of PCBs unless: 1 ) the proposed destruction or treatment technology has been used at an equivalent hazardous waste facility; and 2) the technology used at an equivalent hazardous waste facility has demonstrated a destruction efficiency of 99.9999%; and 3) the technology has not released a hazardous substance into another solid, liquid, or gaseous substance. Concerning the study of alternative PCB technologies, the 1993 law extended the deadline for IDEM to complete the study of alternative technologies to July, 1995. FUTURE DIRECTIONS The consent decree contains a provision whereby Westinghouse has the opportunity to identify an alternative remedy for the consent decree sites. Westinghouse expressed a willingness to explore alternative remedies for the consent decree sites. Accordingly, the consent decree parties have agreed to openly discuss alternative remedies. During the process to discuss alternative remedies, the consent decree parties will listen to local residents' concerns, solicit their views, and provide open lines of communication. If an alternative is found and can be agreed upon by the consent decree parties, then Westinghouse may propose an alternative remedy. Following any proposal from Westinghouse, EPA would evaluate alternatives in accordance with CERCLA and the National Contingency Plan (NCP). Both CERCLA and the NCP provide provision for formal comment. In addition, the other consent decree parties may evaluate any proposal according to their respective legal requirements. Following approval of all the consent decree parties, the court's approval will be requested. The public will be informed of the progress and will continue to be involved throughout the cleanup process. Source: Scanned from the original EPA Fact Sheet by COPA for the BBS. *************************************************************