EPA Issues Final Decision in Dispute over Arkema Site Cleanup

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May 23, 2008 Daniel Opalski, Director of the Office of Environmental Cleanup for EPA Region 10 issued a letter making a final decision on disputes raised by Legacy Site Systems regarding the cleanup of the Arkema site.

Legacy Site Systems (LSS) disputed 1) EPA's decision to not consider a Confined Disposal Facility (CDF) in the engineering evaluation/cost analysis (EE/CA), 2) EPA's decision to use screening level values (SLVs) as standards for the cleanup, and 3) certain costs in EPAs billing.   LSS also questioned the relevance of lindane as a chemical of concern (COI) at the site.

In the letter, Director Opalski ruled that 1) LSS may consider the CFD in their evaluation, IF it does not extend the time required to complete the EE/CA; 2) SLVs should be used for the cleanup; 3) while lindane does not need to be included as a COI at this time, it should be included in data reporting for future evaluation; and 4) all costs billed by EPA are appropriate and should be paid by LSS.

Click here to read the full letter.