01-18-1994 - BKK Proposition 65 Warning for Vinyl Chloride UpdateCity.of West Covina
Memorandum
TO: City Manager and City Council AGENDA
ITEM NO.
FROM: Steven L. Samaniego DATE January 18, 1994
Waste Management Enforcement Manager *PRINTED ON RECYCLED PAPER
SUBJECT: BKK PROPOSITION 65 WARNING FOR VINYL CHLORIDE UPDATE
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SUN MARY: This staff report is a follow up from the November 16, 1993 Agenda Item
E i 1 staff report. Since the November 16, 1993 staff report, BKK has
published a second Proposition 65 Warning of vinyl chloride emissions on
December 2, 1993. The second warning (Exhibit I) was an update of the
initial warning (Exhibit II) which revealed continued emissions_ of vinyl
chloride from the Myra Court location but no emissions were detected
from the Azusa Avenue area as reported in the initial warning.
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BACKGROUND:
The following is a summary of actions taken since the November 16, 1993 City Council
meeting:
1. BKK and the South Coast Air Quality Management District (SCAQMD) have completed
their initial ambient air sampling from September through November. The results of the
sampling revealed continued emissions of vinyl chloride from the Myra Court .area but no
emissions from the Azusa Avenue area.
There were noted discrepancies in the lab results of SCAQMD and BKK's monitoring. Because
of the discrepancies,. SCAQMD is analyzing techniques and methods used by both parties to
determine the accuracy of the results.
Attached is a letter from SCAQMD dated January 5, 1994 (Exhibit III) which gives an update
of their vinyl,chloride monitoring program. In summary SCAQMD is continuing to monitor and
evaluate both BKK's and their own sampling protocols due to the discrepancies of their
respective monitoring results.
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2. United States Environmental Protection, Agency expects to have the Response Action Plan
(RAP) approved this month.. The RAP when initiated would require BKK to take interim
remedial actions on the emissions of vinyl chloride.
3. Attached are the responses from Department of Toxic Substances Control (DTSC)
(Exhibit IV) and the California Integrated Waste Management Board. (CIWMB) (Exhibit .V)
referred from the Office of Environmental Health Hazard Assessment in response to the City's
letter of September 27 } 1993.
DTSC responded to our question on the origin of. the vinyl chloride emissions at the BKK
- Landfill and if it's a subsurface migration. In their response, DTSC said that they would prefer
not to speculate at this time on the source.
The CIWMB responded to our question on whether treated auto shredder waste at the BKK
Landfill is a:source for�.continued vinyl chloride emissions.. In their response, the CIWMB said
that they have not found any information on the breakdown of treated auto shredder waste in
landfills related, to the }release of vinyl chloride.
4. A letter was sent by Special Counsel on December 8, 1993 to BKK (Exhibit VI) to
arrange a meeting toj discuss and develop protocol acceptable to both parties, for future
Proposition 65 notice.
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City Manager and City lCouncil
BKK Prop.65 Warning Update
January 18, 1994
Page 2
5. A letter was sent by Special Counsel on December 8, 1993 to the Attorney General's
office (Exhibit VII) requesting a determination on whether the timing and the contents of the
Proposition, 65 notice complied with the requirements of the law and whether newspaper notice
was sufficient. The Attorney General's office hopes to have a decision within 30 days.
6. DTSC is working with BKK and their consultant to determine any correlation in time
between the vinyl chloride air concentration and.landfill activities (Exhibit VIII). DTSC visited
With BKK .staff and inspected theClass I liner and gas recovery system on December 13, 1993.
7. The LEA has coordinated inspections of the Class I liner and the gas recovery system
for any obvious cracks or repairs needed. No problems have been identified during any of the
inspections.
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8. , Ten additional methane recovery gas wells were installed on .the Class I in the area of
where vinyl chloride had been disposed. If this area was a source of vinyl chloride emissions,
the additional wells, should alleviate the source.
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RECOMMENDATION:
It is recommended that the City Council receive and file this report.
.Steven L. Samaniego, R.E.H.S.
Waste Management Enforcement Manager'
SLS:fl
Attachments
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`\ � EXHIBIT I
PROPOSITION
65..
WARNING
BKK 'Corporation operates a landfill at 2210 South Azusa Avenue,,
West Covina;
California -which emits 'vinyl. chloride, a chemical
known to theState of California. to. cause cancer. The map below E
depicts the approximate area that contains vinylchloride at a level '
determined by the State to require a. warning. The area has been
derived from recent air monitoring data. , BKK will continue to
monitor, and will update and modify this warning as may be
1 1 • EXHIBIT' II .
N 65..'
BSI I
ARNIiING......
�a
BKK Corporation operates • a landfill at 2210.`Southi` Azusa' Avenue;`
West Covina, :California, . which emits - vi.nyl '-chlonde', • a chemical
known to the State of .California to cause cancer. The map below
depicts apppxbnate,areis* that 'contain vinyl chloride at a level
determined by the�.State to require a: warning. =. The: areas have been
derived from;,.'redent fa .. monitoring : data' from stations =A , and .B
•p BKK is conducting further monitoring, and
shown on the ma .
will update .and modify this warning as may' be appropriate. The
..States, warning level --for vinyl chloride is 3 micro -grams per day
(jug/day), and BKK recently measured 6.3 µg/day at Station A, and
10.4 :µg/day. at Station B.
a
AECEEIVEO
*HIBIT III
J AN, 0 7 1994
South Coast
City of West Covina
AIR QUALITY MANAGEMENT DISTRICT
21865 E. Copley Drive, Diamond Bar, CA 91765-4182 (714) 396-2000 "
- T--'----. Q " I AAA
Mr. Steven L. Samaniego, R E. HL S.
Waste Management Enforcement Manager
City of West Covina
1444 West Garvey Avenue.
Post Office Box 1440
West Covina, California 91793
Dear Mr. Samaniego:
i am writing on behalf of Dr.. Jam s Lents in response to your letter of December 6, 1993. You have requested an updated
report of the South Coast Air Quality Management District's (District) program to.monitor vinyl chloride in the vicinity of
BKK Landfill.
Based upon the Proposition'65 Warning published by BKK in September, 1993, the District initiated continuous monitoring_
at two locations; one along Azusa Road, at the southwestern fenceline; and one near the water tank at the top of Myra
Court. Twenty-four hour sampling commenced on September 28 and continued through "November 11, 1993. Measureable
concentrations of vinyl chloride were discovered on only two occasions along Azusa Road, both 0.3 parts per billion (ppb).
By contrast, low levels of vinyl chloride were found in "virtually all of the samples collected at Myra Court. Only three
samples collected at this site were found to 'be below .the 0.2 ppb minimum detection level of the analysis procedure. .
Concentrations of vinyl chloride measured at Myra Court ranged from 0.2 to 0.8 ppb.
The results • reported by BKK's contract laboratory appear to be an order of magnitude lower than the District's. Both
laboratories have, undertaken cooperative quality assurance. We have received and analyzed a 'sample collected by Dr.
`Steven Hoyt. His staff have received and are analyzing a sample collected by the District. In addition, the Environmental.
Protection Agency, (EPA) :facility fat Research Triangle Park, North Carolina" is forwarding, calibrated test canisters .to both"
laboratories, to test the -accuracy of their respective. protocols. Resultsof this quality assurance testing should be Available'
by the end of this month.
The District will install:an ambient monitoring system at Myra Courton Friday, January7; 1994. Sampling according to
the standard EPA network monitoring cycle will commence Saturday, January 8, 1994, and will continue every six days.
Results .of the. sampling, will be made available bi-monthly,.at the Interagency Steering Committee meetings hosted by the:
City of West Covina:
If you have any further questions, please don't hesitate to contact Dennis Delaney at, (909) 396-2316.
i - Sin ly,
k.
Chung S. Liu, D. Env., Director.
{;. Applied Science and Technology
(909) 396 2105.
CSL:WGB:DMD
cc: J. Lents 4
N. Nikkila
W-Thompson
STATE OF CALIFORNIA—ENVIRONMENTAL PW
DEPARTMEV— -.
400 P Street, 4*h `
P.O. Box 806
Sacramento, CA 95812-0b.—
(916-) . 322-0504
AGENCY
LACES CONTROL
RE
*93
December., IR 1 Vltr,� 2 l
;;;
Mr. Jim Starb.ird
City Manager
City of .West Covina
1444 West Garvey Avenue
P.O Box.
West Covina,':_California 91793
Dear Mr. Starbird:
EXHIBIT IV
PETE WILSON, Governor
Your letter of September,2.7; 1993 to Dr. Carol.J. Henry of
the Office of .Environmental Health'Hazard Assessment (OEHHA)'.has
been forwarded to me for a response "to -your question..regarding
vinyl chloride (VC) emissions at the BKK Landfill. -Specifically.,
your letter. asked the origin of the VC emissions and the .
potential ,for 'subsurface migration. As you may be aware, -recent
correspondence "relating to this matter has been circulated
- between BKK,. U.S. Environmental Protection Agency (.U.S. EPA) and
the City'of"West'Covina (City.) Enclosed, are copies of
U.S. EPA's,letter to BKK of September 10, 1993,"revised
November 3,. 1993 (C."-Santos to J. Bussey), and.BKKrs letter of
November "8, 1993.to the City (P Neff to S. Samaniego).
As indicated in these documents, there are a number; of
related issues..and items to be considered in responding to. .your
question:`
1. The need for accurate air sampling data..
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The.Propos�ition.65 warning level for .VC is. 0 05,parts per
billion (ppb).. To make measurements at this extremely low
concentration requires very highly sophisticated sampling
and laboratory equipment and techniques.. For technical
reasons,, the. Department of Toxic Substances Control has more
confidence.in, the.recent September. -October data set,.(.see`
enclosure) than, '-the'February.June 1993 data which triggered'
:.the Proposition"65 warning. We"understand,that BKK,`
nevertheless felt that it would be: prudent"for."t,hem;to
release the earlier data as a protective measure against any
possible lawsuit for faiing.to issue "`aProposition 65
warning.
2. Potential' sources of vinyl chloride, emissions...,
Although there are a number of scenarios and possible
locations from `which landfill.gas containing vinyl chloride
could -escape;. ;we prefer.".not"tospeculate -at this time on the
t„
Mr. Jim Starbird
December 7, 1993
Page 2
actual source(s) or on the frequencies of any actual
exceedances
To the best of our knowledge, 'the landfill gas perimeter
migration control system continues to function as designed
and BKK continues to meet the requirements of the Stipulated
Permanent Injunction.
3. The relationship between -items 1 and 2 above and the ongoing
comprehensive site investigation under the U.S. EPA
Section 3008(h) order.
As you may be aware the overall purpose of the,,
comprehensive site investigation is to examine releases'of
hazardous waste and hazardous constituents from anywhere on
the BKK facility property. This covers all media.including
the ambient air monitoring and potential subsurface
migration. Although BKK.has already increased ambient air
-monitoring to more accurately quantify„any concentrations of
VC, -additional monitoring will be. required under the
direction of the U.S. EPA in the near future. If a problem.
is confirmed, BKK will be required to pin -point the source
or sources and take appropriate corrective measures.
If you have any questions, please contact Mr. Alan Sorsher
of our Region 3/Glendale office at (81.8).551-2892.
Sincerely,
William F. Soo Hoo
Director
Enclosures
cc: Dr. ,Carol Henry
Off ice.of of Environmental -.Health ,
Hazard Assessment
P.O.: Box 942732
Sacramento, California 94234-7320'
Mr. Jim Behrmann
California Air Resources Board
P.O. Box 2815
Sacramento, California 95812
EXHIBIT V
Pete Wilson, Governor
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
8800 Cal Center Drive
Sacramento, California 95826
RF��.���. n
'93 OEC 13 P3,26
December 8, 199.3
WEST COVIN ;MANAlf�,
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Mr. Jim Starbird
City Manager
City 'of West Covina
P.O. Box 1440.
West Covina, California 91793`
Dear Mr. Starbird:
Re: .Your. letterof September'27, 1993, on -Treated Auto Shredder
Waste J
I received a copy ofyyour: letter from,the Office of -'Environmental
Health,Hazar.d Assessment and am responding to.,your second
.'question about treated auto shredder waste,(TASW)' and its
association with .vinyl -chloride emissions from the BKK- Landfill.
From your -letter, I` am inferring that your concern' is that any
increase in the:amount: of polyvinyl chloride plastic (PVC)
disposed of at -the BKK.Landfill may in some.way exacerbate the
emission of vinyl chloride monomer . (VCM) there
.,.The California. Integrated Waste Management Board (Board) has not
conducted any research on the origin'of VCM emissions from
municipal landfills nor has the Board'investigated the fate.,of
.TASW in.landflls,-: There is.a significant amount of scientific
'literature, however, that_ 'reports on the question of the origin
of.VCM in-landfi-lls. Our staff has.not found any scientific
literature that reports on the' break down of.TASW in landfills.
with the possible release. of' VCM.
Staff have obtained the following facts from the literature that
may help you.in,some way in reaching your own conclusions:
o PVC" accounts , for about 2 0 0 .3 o by'.weght of .TASw`
!98.0s vintage autos)
o -VCM has been shown to be a';,degradation.product of
certain.industrial'solvents' (degreasers);: such as the
dichloroethylenes and trichloroethylene, even in_
municipal landfills;
o Polymerization sludges containing VCM from the,
manufacture of PVC have :been shown'to be the. source of
some VCM in.landfills;
o,: Staf'f;;has found no evidence in telit
h`,rature that PVC.
degrades..,in landfill to form VCM:
Printed on Recycled Paper •-
LAW OFFICES
E$HIBIT VI
BURKE, WILLIAMS & SORENSEN
VENTURA COUNTY OFFICE 811 WEST SIXTH STREET, SUITE 2SOO
2310 PONDEROSA DRIVE.
FRESNO OFFICE
7901. NORTMIOESNO STREET
SUITE t LOS ANf3ELES, CALIFORNIA 90017
su1TE 401,.
CAMARILLO, CALIFORNIA 93010 (213) 236-0600
FRESNO, CALIFORNIA 93720.2938
(2091 2610163 .
MOSI987.3488
-
,r "
ORANGE COUNTY OFFICE " TELECOPIM 1213) 236-2700
. BUnKE. WILLIAMS, SORENSEN 3 GAAR
LIGNTON PLAZA
3200 BRISTOL STREET
SUITE.640 - - -
7300 COLLEGE BOULEVARD .
SUITE 220 -
COSTA MESA, CALIFORNIA 9292E
OVERLAND PARK, KANSAS 98210'
19131 339-E200
17741 646 6669
WRITER SIDIRECT DIAL:
213-236.2839
" .
OUR FILE NO. 00398.266
December:8', 1993
Mr. Ron Gastelum
BKK Corporation
2550 237th Street
Torrance," California 90505
Re: Proposition 65 Notice
Dear Ron:.
Attachedto .this :letter is a. copy `of a letter. from, our office
to -the..;California: Attorney General's office
regarding the
Proposition-65 ;Notice of. August' 29, 1993 issued
by. BKK.
F As the'
letter explains,..the,.City'Cou'ncil.had.several concerns regarding.
that'.Notice which we have: referred on- their instructions' to the -
Attorney General for review.
Regardless of the outcome of, the review,
if any, 1'.by`,the
Attorney Genera'1's office of the Notice,. the City
Council believes.
that it is in the mutual interestsofthe.City'.and BKK.to1�develop°
a protocol -acceptable to both: parties for future Proposition 65
Nocontact me at your earliest possible.convenience.
arrange ePlease
etin for BKK to discuss this issue
with `the City.,
Thank you for your cooperation. Please feel
free to ,call. if
you'have,any questions.
Sincerely, .
COLIN LENNARD°.
cc: :Jim Starbird, City Manager.
.Steven Samaniego, LEA.'
Elizabeth,Hanna;: City Attorney
.LAX:77302.1
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LAW. OFFICES EXHIBIT VII
BURKE, WILLIAMS . & SORENSEN
VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE AW FRESNO OFFICE
2310 PONDEROSA DRIVE LOS ANGELES, CALIFORNIA "90017 7901 NO SU FE 40 0 STREET
SUITE 1 - - FRESNO, CALIFORNIA 93720.2938
CAMARILLO, CALIFORNIA 93010 12131 2380600 (209) 281-0183
MOG) 987-3468 '
TELECOPIER: 12131 236 2700 BURKE. WILLIAMS, & GAAR
ORANGE COUNTYOFFICE LIGHTON PLAZA
3200 BRISTOL STREET 7300 COLLEGE BOULEVARD
SUITE 840 - - SUITE 220
OVERLAND PARK, KANSAS 88210
COSTA MESA. CALIFORNIA 92828 - - - 1913) 339.6200
' 17141 646-6669
WRITER'S DIRECT DIAL:
213-236.2839
OUR FILE NO. 00396-286
V
December 8, 1993
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Craig Thompsonl, Esq.
California Attorney `General's Office 1�
P:O.,"Box 944255
Sacramento, California 94274 jF
Re: Proposition-65 Notice
F
Dear Mr. Thompson:
Our. off ice. is Special Environmental -.Counsel to the City of
West`. Covina '' located. in. the San Gabriel Valley in Los Angeles
County.._ Attached- to. this letter, is a copy of 'a Proposition 65,,
Notice placed in the .San Gabriel Valley News Tribune regarding
vinyl. _chloride releases from the BKK 'Landfill ilr the" City . of West
Covina., Our information on this.,issue is limited but it is our
understanding that the vinyl chloride releases referred to in the
Notice occurred in February of 1993"and the Notice was issued on
August 29, 199;3
The City'Council for "the City of,West Covina has raised'the
issues of whether the timing and the contents of the Notice
complied with the requirements, of Proposition 65 and. whether
newspaper notice was sufficient for this release. As West''Covina
does not have ',a population of over 750,000 and does not have a
full-time city prosecutor,. West Covina. does not have the
jurisdiction
'&. Safet . Code S 25249.7 (c) .) Accordingly, the City. 'ion 65
urisdiction to,'enforce otentia1 violations of Pro osit
for the City, of West- Covina. has instructed our, office to .refer this
( Y
er this
matter'' t.o one `, of the agencies -.charged,, with enforcement of
Proposition " 65, the_ ; California'.. Attorney General's . office,, for
review.' The City would like to be advisedas to any determination
or disposition.made'by your office concerning this matter.I�
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LAX:77302.1
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