Partners Begin 'Dispute Resolution' to Resolve Groundwater Impasse

Todd Beckwith [USACE Baltimore] said potential unacceptable risk for future receptors would occur if groundwater is used as a drinking water source in the future within Exposure Unit 2 — the area next to [American University’s] Kreeger Hall and adjacent to the Glenbrook Road disposal areas.  The main contaminants of concern are perchlorate and arsenic ... Steve Hirsh [EPA Region III] and Kathy Davis [EPA geologist] explained that EPA would have been okay with anything other than “No Action” or “Land Use Controls" ...  EPA would prefer to see the groundwater cleaned up, so the groundwater could be used as a potential drinking water source in the future ... Based on the Groundwater Feasibility Study, the Army Corps selected LUC/LTM  [Land Use Control/Long Term Monitoring] as the preferred alternative.  The preferred alternative is identified in the current Groundwater Proposed Plan (PP) ... Physical construction of treatment systems would be very challenging in this residential/campus neighborhood.  American University has gone on record that AU is opposed to the installation of treatment systems on AU property …

Thomas Smith [community member]: Can you explain why AU would not want the installation of treatment systems?  Is it because it is too big, or what?  It takes up too much space, or what is the issue?

Beckwith explained that AU stated that AU did not have the space and had other plans for AU property ...

Mary Bresnahan [community member]: Yes, that is what I thought.  If it is coming from their property, they should be willing to help out ... They do not want to take any responsibility at all?  That is what it sounds like …

Groundwater Feasibility Study alternatives

Mary Douglas [community member]:  Is there any provision for adjusting this remedy if EPA lowers the perchlorate standards?

Beckwith explained that contingency would be a factor USACE would have to consider.  He asked Steve Hirsh to share the status of establishing the maximum contaminant level (MCL) for perchlorate.  Hirsh explained that EPA is under a court order to establish an MCL for perchlorate.  He had no information on what the perchlorate MCL might be; the level might be below or above 15 ppb ...
 
Allen Hengst [audience member]: The problem is that under the court order which Steve just mentioned, EPA is supposed to come out with the new standard by December 2019.  That is when you are still going to be in the area, that is when you are still going to be working with groundwater … [The MCL] is probably going to go down, it is not going to go up … In Massachusetts it is 2 ppb and in California it is 1 ppb.  [In Spring Valley] you are talking about 15 ppb.

3-Tier dispute resolution process

Beckwith: After receipt of the draft final Groundwater PP, DOEE [DC Dept. of Energy & Environment] submitted a formal request for dispute resolution under the Department of Defense (DoD)/District Memorandum of Agreement (DDMOA), … which includes provisions for a three-tier dispute resolution process: Tier 1 — Baltimore District Commander, Deputy Director DOEE; Tier 2 — Headquarters-USACE Environmental Division Chief, Director DOEE; and Tier 3 — Deputy Assistant Secretary of the Army for Environment, Safety & Occupational Health, DC Mayor.  The Tier 1 meeting [was] held on November 5: USACE/DOEE reiterated their positions on this issue; DOEE offered an alternative to collect more data for current conditions or proceed to Tier 2 ...

John Wheeler [community member]: What happens if there is no resolution in Tier 3?

Beckwith explained that no resolution in Tier 3 is a possibility.  DOEE is prepared to take legal action and may file a lawsuit.
Spring Valley FUDS
RAB Meeting Minutes
November 13, 2018 (pg. 14 - 22)