July 1, 2020 Reference No. 11137347 Mr. John Hnat Southeast Region
July 1, 2020 Reference No. 11137347
Mr. John Hnat Southeast Region Office 2300 North Martin Luther King Dr. Milwaukee, WI 53212 [email protected]
Dear Mr. Hnat,
Re: Source Area Investigation Report Solenis LLC, Milwaukee, Wisconsin WDNR BRRTS 02-42-577350
This letter is being submitted as follow-up to the comments provided via electronic mail on May 1, 2020. Per feedback from the Wisconsin Department of Natural Resources (WDNR), we plan to incorporate the requested edits to the January 9, 2020 Source Area Investigation Report (Report) for the Solenis Facility located at 5228 North Hopkins Street in Milwaukee, Wisconsin (Site). Recommendations from the WDNR review committee included the following:
. Reference the Site Investigation Work Plan Preparation Checklist to aid in the finalization of the Report;
. Conduct a more thorough assessment of the sources of contamination, including the composition of Aquapel, how/were DCP and TEA were used at the facility, description of historical spills, and other products that may have been used or stored in the vicinity; and,
. Description of the use of 1,4-dichlorobenzene, petroleum, 1,2-dichloroethane, tetrahydrofuran, and N-heptane at the Site.
To address the WDNR recommendations and revise the Report, GHD is proposing the following approach:
. Conduct another round of groundwater sampling in summer/fall of 2020, following the lifting of current COVID-19 restrictions;
. Incorporate data from the 2020 groundwater sampling event into a Revised Report;
. Reference WDNR Site Investigation Report Checklist provided;
. Include information regarding the Aquapel process and chemicals as provided in the Waste Determination submitted January 2018 and approved March 21, 2018, included as Attachment A; and,
GHD 121 North 20th Street Richmond Virginia 23223 USA T 804 237 0300 W www.ghd.com
~ ~ . Discuss lack of known source of 1,4-dichlorobenzene, petroleum, 1,2-dichloroethane, tetrahydrofuran, and N-heptane at the Site based on historical operations.
If all is well with the follow-up sampling event, request No Further Action (NFA) for the site under NR726.05, following acceptance of the Revised Report
GHD appreciates the opportunity to continue to support WDNR on this project. If you have any questions, please contact me at 804-237-0300.
Sincerely,
GHD
Catherine C. Warner, P.E., BCEE [email protected]
cc: Rodger Ladewig, Solenis Dustin Zedaker, GHD
Attachment A – Waste Determination New Boiler Building Excavation – January 12, 2018
Solenis Milwaukee SIR Revision Letter.docx 2
Reference No. 11137347-02-1.1 January 11, 2018
John Hnat Southeast Region Office 2300 North Martin Luther King Drive Milwaukee, WI 53212 Copy to: [email protected]
Dear Mr. Hnat:
Re: Waste Determination New Boiler Building Excavation PDC and TEA Impacted Soil Solenis LLC, Milwaukee, Wisconsin
GHD Services Inc. (GHD), on behalf of Solenis LLC (Solenis), is requesting the Wisconsin Department of Natural Resources’ (WDNR) concurrence on the enclosed waste determination. As described in detail in this letter, the waste determination request is for 1,2-dichloropropane (PDC) and triethylamine (TEA) impacted soil and groundwater (if dewatering is needed during construction) from the former Aquapel process area at the Solenis facility located at 5228 North Hopkins Street in Milwaukee (Site).
Aquapel is an alkyl ketene dimer derived from long-chain fatty acids created by Hercules Incorporated in the 1940s as a sealant for milk cartons and other wet paperboards. Aquapel is one of a group of sizing agents manufactured by Solenis to help papermakers improve the aqueous holdout of their products that improve the water resistance and oil resistance of food contact papers. The Aquapel process in Milwaukee operated from approximately 1955 to 1997, when the production ceased. During the demolition of the former process area in 2016, the soils were investigated with a series of test pits, soil borings and groundwater wells. As a result of the investigation, PDC and TEA have been identified as the primary contaminants of concern for the soil and groundwater. The groundwater levels at the Site vary significantly from approximately 3 to 18 feet below ground surface (bgs) and groundwater flow direction is toward the east.
Solenis is planning to construct a new boiler building which will be located to the southeast of the existing boiler building. The southeast corner of the proposed building will be located over SB-4, SB-10, SB-11, and TP-4 as well as MW-10 as shown on Figure 1. The PDC and TEA soil concentrations in these borings/test pit from samples collected in 2016 are as follows.
GHD 121 North 20th Street Suite A Richmond Virginia 23223 USA T 804 237 0300 W www.ghd.com
ca:§ H,
Table 1 PDC and TEA Concentrations in Soil - Proposed Boiler Area Sample Location Sample Depth PDC TEA (feet bgs) Concentration Concentration (mg/kg) (mg/kg) SB-4 3 – 5 <0.025 <0.5 SB-4 7.5 – 10 0.63 <0.5 SB-10 3 – 5 37 26 SB-10 5 – 7.5 15.6 5.3 SB-11 5 – 7.5 <0.011 <3.2 SB-11 10 – 12.5 <0.012 <3.2 SB-11 25 – 27.5 <0.012 <3.4 TP-4 0 – 2 1.2 <10 BB-1 1-3 <0.00087 <1.40 BB-2 3-5 0.0299 <1.37 BB-3 1-3 0.119 <1.71 BB-4 3-5 216 <1.44 BB-5 3-5 0.00488 H <1.4 BB-7 1-3 0.00188 JH <1.42 BB-8 3-5 67.1 <1.38 BB-9 3-5 <0.00097 <1.39 BB-10 3-5 <0.00098 <1.44 BB-11 1-3 <0.00092 <1.41 BB-13A 1-3 <0.00093 2.08 J BB-13B 3-5 <0.00096 <1.44 J = Analyte detected between Limit of Detection and Limit of Quantitation H = Sample was prepped or analyzed beyond the specified holding time
In addition to the PDC and TEA, SB-4 detected low levels of p-isopropyltoluene and xylene above the reporting limit but below the quantitation limit. The location of the soil borings in presented in Figure 1. A table of the additional soil analytical data in the proposed construction location at the Site is presented in Table 3.
The groundwater analytical results in MW-10 from sampling in January 2017 are as follows.
Table 2 Groundwater Analytical Results - Proposed Boiler Area Sample Location PDC TEA Di-isopropyl ether Concentration Concentration Concentration (ug/L) (ug/L) (ug/L) MW-10 92 <0.99 1.8J
The location of the groundwater well is presented in Figure 1.
Solenis Waste Determination 2
1. Historical PDC and TEA Use The Aquapel process involved the following general steps. 1. Batch reaction of fatty acid (animal, vegetable or wood based) via chlorination to produce fatty acid chloride and co-products of hydrochloric acid and phosphorous acid. 2. Extraction in a series of tanks of the co-product acids from the fatty acid chloride to produce a purified fatty acid chloride. 3. The purified fatty acid chloride was reacted in a second series of reactors with TEA using PDC as a solvent to produce the raw product of alkyl ketene dimer (Aquapel). 4. The raw Aquapel product was purified via a centrifuge and series of stills (multi-stage distillation columns). Once distilled, the Aquapel dimer was sent to packaging as a final product. 5. The co-product acids were purified via separation and filtration and sold as products to other companies. 6. The PDC and TEA solvent mixture was sent to solvent recovery which was a caustic soda treatment and a batch distillation process with condensers and separation equipment to recover the PDC and TEA for reuse in the process. A portion of the condensed solvent was refluxed back to the distillation columns. A flow diagram of the Aquapel process as described herein is presented in Figure 2. As shown on Figure 1, the former Aquapel area consists of three distinct operational areas: • Process Area where the batch reactions, extractions, and reactors are located for steps 1, 2 and 3; • Centrifuge Area where the raw Aquapel product is purified and solvents (PDC and TEA) are recovered in batch distillation for steps 4, 5 and 6; and • Above Ground Storage Tank (AST) and Waste Storage Area where the raw materials and recovered PDC and TEA were stored. SB-4, SB-10 and TP-4 are all located in the former process area and SB-11 is located outside of the former process area to the west. The new boiler building will be located over the Process Area only and not the Centrifuge or AST/Waste Storage Areas. 2. Non-Hazardous Waste Determination This waste determination is for the excavated soils and groundwater from dewatering activities (if needed) from the new boiler building which will be located in the same area as the former Process Area. The PDC and TEA impacts to the soil and groundwater in this area would have been a result of incidental releases of a mixture of fatty acid chloride, PDC, TEA and raw product (alkyl ketene dimer) from the Process Area. In order to classify as a U listed hazardous waste, the chemical in the waste must be: Solenis Waste Determination 3 &§ :11, • Unused; • Have the generic name of the listed product; • Not be a chemical mixture of more than one ingredient; and • In the form of a commercial chemical product. When the PDC and TEA are in the Process Area they are both active ingredients that are part of a mixture with fatty acid chloride and raw product and do not meet the U listing definition. Therefore, the U waste code is not appropriate for the soils or groundwater under the process area per 40 CFR 261.33(d), 54 Federal Register 31335, and RCRA Online 11787. GHD collected two TCLP composite soil samples in the area of the proposed boiler house excavation. Neither sample exhibited characteristics of hazardous waste in accordance with 40 CFR 261 Subpart C as presented in Table 4. GHD considers, based upon review of the applicable RCRA waste listings and regulations, the PDC and TEA impacted soil and groundwater beneath the process area, once generated, should be classified as a non-hazardous waste stream. Solenis intends to manage the PDC and TEA impacted soil and groundwater generated during the new boiler house excavation as a non-hazardous waste and it will be transported to a non-hazardous waste disposal facility. Solenis understands that the waste will need to meet the permit requirements of the disposal facility. The new boiler house excavation is anticipated to occur in spring 2018. We appreciate WDNR’s review of and response to this document. We have enclosed the $700 “other technical assistance” review fee. If you have any questions, please contact me at 804-237-0290 or [email protected]. Sincerely, GHD Catherine C. Warner Encl. cc: Roger Ladewig, Solenis James Faulstich, Solenis Ron Frehner, GHD Solenis Waste Determination 4 GPS Location /DW/RQJ SB-4 Depth 3-5' 7.5-10' PDC <0.025 0.63 TEA <0.5 <0.5 BB-5 Depth 3-5' PDC 0.00488 TEA <1.40 BB-10 TP-4 Depth 3-5' NEW BOILER Depth 2-4' PDC <0.00098 PDC 1.2 BUILDING TEA <1.44 TEA <10 FOOTPRINT BB-13A FORMER CENTRIFUGE AREA Depth 1-3' PDC <0.00093 15 SB-4 TEA 2.08 J BB-4 BB-13B 5 Depth 3-5' Depth 3-5' TP-4 PDC 10 TEA <1.44 Industrial Direct PDC <0.00096 13 Constituent Land Ban TEA <1.44 4 Contact RCL BB-9 9 BB-3 Depth 3-5' 12 Depth 1-3' PDC 1.78 mg/kg 18 mg/kg PDC <0.00097 BB-8 PDC 0.119 TEA 700 mg/kg - TEA <1.41 Depth 3-5' 3 TEA <1.71 PDC 8 BB-2 TEA <1.38 11 SB-10/MW-10 SB-11 14 Depth 3-5' 2 SB-11 7 PDC 0.0299 Depth 5-7' 10-12.5' 25-27.5' BB-7 TEA 1.37 ALL SB/TP RESULTS ARE IN MG/KG. PDC <0.11 <0.12 <0.12 1 Depth 1-3' TEA <3.2 <3.2 <3.4 6 PDC 0.00188 TEA <1.42 0:5(68/76,1ȝ*/ BB-11 GRAVEL BB-1 - BOLD AND RED CONCENTRATION INDICATES Depth 1-3' Depth 1-3' FORMER ABOVE PDC <0.00092 SB-10 PDC <0.00087 GROUND STORAGE EXCEEDANCE OF PDC RCL TEA <1.41 Depth 3-5' 5-7.5' TEA <1.40 TANK AND WASTE AREA PDC - BOLD AND BLUE CONCENTRATION INDICATES TEA 26 5.3 EXCEEDANCE OF PDC NR 140 ES MW-10 FORMER PDC PROCESS ND - NOT DETECTED AREA GEOPROBE SOIL BORING (SIGMA, OCTOBER 2016)2016, DECEMBER 2016) NR 141 MONITORING WELL (SIGMA, OCTOBER 2016, DECEMBER 2016) INITIAL SAMPLE HOLD SAMPLE TEST PIT/TEMPORARY WELL APPROXIMATE LOCATION (SIGMA, MAY 2016) FORMER FEATURE APPROXIMATE PROPERTY BOUNDARY DIRECTION OF GROUNDWATER FLOW Source: MICROSOFT CORPORATION AND AFFILIATED DATA PROVIDERS DATED SEPTEMBER 2014 11137347-02 SOLENIS, LLC 0 20 60ft 5228 N. HOPKINS STREET Jan 11, 2018 MILWAUKEE, WISCONSIN Coordinate System: m:11 STATE PLANE - WISCONSIN SOUTH b 1 WASTE DETERMINATION DIAGRAM FIGURE 1 CAD File: I:\CAD\Files\Eight Digit Job Numbers\1113----\11137347-Solenis_Milwaukee\11137347-02(000)GN-DL001.dwg PDC 1·orage 77 Q Steam_ 1 _ 3~ . . . Sldpper Se-cHon {~tmJ ?:-;\ 22-? li,I h Centrituge l. - Gent,Uuged Geotrituge •ri fl ri-18 Dlm&I .. - Spa.1ide1 Sohalion ,ai Feed Tan.k ,fjj lu 4l.{-'1S' ~ '!12..-1 L:2.~ I G ·Wata1 J§, 3:0 . ste am Prirnary Condenser i!~- S ~ 1~- +-- •7oS . .; ,. at Vent Condenser .:.'"iL".-:..). -~~- POOHEA -·. . i " .. : 1mlulon V&Alto ---'···· 11:l'l'IO'- Phase· Senlet Source: AQUAPEL DOCUMENT DATED JANUARY 2009 11137347-02 SOLENIS, LLC 5228 N. HOPKINS STREET Jan 11, 2018 &:MMILWAUKEE, WISCONSIN b 1 PROCESS FLOW DIAGRAM FIGURE 2 CAD File: I:\CAD\Files\Eight Digit Job Numbers\1113----\11137347-Solenis_Milwaukee\11137347-02(000)GN-DL001.dwg Table 3 Soil Analytical Data New Boiler Construction Area Solenis Milwaukee, Wisconsin Soil Sample Location: TP-4 SB-4 SB-10 SB-11 Industrial Sample Depth (feet bgs): 0-2 3-5 7.5-10 3-5 5-7.5 5-7.5 10-12.5 25-27.5 Non-Industrial Direct Sample Collection Date: 5/12/16 10/4/16 10/4/16 10/4/16 10/4/16 12/19/16 12/19/16 12/19/16 Direct Contact Contact RCL nsaturated/Smear Zone (U) or Saturated U U U U U/S U U S RCL 5 6 Organic Vapor Monitor ppm 10 1 1 4 4 1.49 1.68 2.6 NS NS pH su 6.39 NA NA NA NA NA NA NA NS NS Detected VOCs Benzene mg/kg <0.016 <0.016 <0.016 <0.8 <0.8 <0.0094 <0.0096 <0.010 1.6 7.07 4-Chlorotoluene mg/kg <0.032 <0.032 <0.032 <1.6 <1.6 <0.0091 <0.0093 <0.0099 253 253 Cyclohexane mg/kg NA NA NA NA NA <0.021 <0.021 <0.022 10,100 42,600 1,4-Dichlorobenzene mg/kg <0.03 <0.03 <0.03 <1.5 <1.5 <0.011 <0.011 <0.012 3.74 16.4 1,2-Dichloroethane mg/kg <0.03 <0.03 <0.03 <1.5 <1.5 <0.011 <0.012 <0.012 0.652 2.87 1,2-Dichloropropane mg/kg 1.2 <0.025 [ 0.63 ] {[ 37 ]}{[ 15.6 ]} <0.011 <0.012 <0.012 0.406 1.78 Ethyl Acetate mg/kg NA NA NA NA NA <0.039 <0.040 <0.042 964 4,090 Ethylbenzene mg/kg <0.027 <0.027 <0.027 <1.35 <1.35 <0.0097 <0.0099 <0.010 8.02 35.4 Isopropylbenzene mg/kg <0.037 <0.037 <0.037 <1.85 <1.85 <0.016 <0.017 <0.018 NS NS p-Isopropyltoluene mg/kg <0.056 0.13 J 0.083 J <2.8 <2.8 <0.016 <0.016 <0.017 162 162 Methyl Acetate mg/kg NA NA NA NA NA <0.085 <0.087 <0.092 78,200 1,020,000 Methylcyclohexane mg/kg NA NA NA NA NA <0.018 <0.018 <0.019 NS NS Naphthalene mg/kg <0.087 <0.087 <0.087 <4.35 <4.35 <0.0071 <0.0072 <0.0077 5.52 24.1 n-Propylbenzene mg/kg <0.0035 <0.035 <0.035 <1.75 <1.75 <0.013 <0.014 <0.014 264 264 Toluene mg/kg <0.031 <0.031 <0.031 <1.55 <1.55 <0.014 <0.014 <0.015 818 818 1,2,4-Trimethylbenzene mg/kg <0.078 <0.078 <0.078 <3.9 <3.9 <0.0083 <0.0085 <0.0090 219 219 1,3,5-Trimethylbenzene mg/kg <0.089 <0.089 <0.089 <4.45 <4.45 <0.018 <0.019 <0.020 182 182 Xylenes (total) mg/kg <0.099 0.039 J <0.099 <4.95 <4.95 <0.032 <0.033 <0.035 260 260 Triethylamine 10 mg/kg <10 <0.5 <0.5 26 5.3 <3.2 <3.2 <3.4 167 700 Notes: 1. Unsaturated/smear zone versus satured soil conditions based on: (1) measured water levels in adjacent/nearby monitoring wells, or (2) soil moisture conditions recorded on soil boring logs during drilling. 2. Analytical units: mg/kg = milligrams per kilogram (equivalent to parts per million, ppm) 3. NA = not analyzed 5. Non-Industrial Direct Contact RCL = Residual Contaminant Level for protection of direct contact at a non-industrial property as presented on the WDNR's RCL Spreadsheet (dated March 2017) with default input parameters as referenced in WDNR guidance document PUB-RR-890 "Soil Residual Contaminant Level Determinations Using the US EPA Regional Screening Level Web Calculator", dated June 2014 6. Industrial Direct Contact RCL = Residual Contaminant Level for protection of direct contact at an industrial property as presented on the WDNR's RCL Spreadsheet (dated March 2017) with default input parameters as referenced in WDNR guidance document PUB-RR-890 "Soil Residual Contaminant Level Determinations Using the US EPA Regional Screening Level Web Calculator", dated June 2014 7. NS = no standard established 8. Laboratory flags: "J" = Analyte detected between Limit of Detection and Limit of Quantitation 9. Exceedances: [ ] = Concentration exceeds Non-Industrial Direct Contact RCL (any depth) { } = Concentration exceeds Industrial Direct Contact RCL (any depth) BOLD = Detected compound 10. Triethylamine analysis conducted by Austin Analytical, LLC in Austin, TX via EPA Method 8260M & ALS Labs via GC-FID (EPA 8015M). 11. Groundwater Pathway RCL for triethylamine based on USEPA Regional Screening Level Summary Table (TR=1E-06, HQ=1) dated May 2016. Page 1 of 1 October 2017 Table 4 TCLP Results New Boiler Construction Area Solenis Milwaukee, Wisconsin EPA Maximum Sample ID Concentration TCLP 1 TCLP 2 CAS of Contaminants Analyte NUMBER for Toxicity Characteristics (BB-3 and BB-4) (BB-8 and BB-9) a (mg/L) 12/14/2017 12/14/2017 Volatile Organic Compounds (mg/L) Benzene 71-43-2 0.5 <0.00200 <0.00200 2-Butanone (MEK) 78-93-3 200.0 <0.0260 <0.0260 Carbon tetrachloride 56-23-5 0.5 <0.00180 <0.00180 Chlorobenzene 108-90-7 100.0 <0.00180 <0.00180 Chloroform 67-66-3 6.0 <0.00230 <0.00230 1,2-Dichloroethane 107-06-2 0.5 <0.00200 <0.00200 1,1-Dichloroethene 75-35-4 0.7 <0.00100 <0.00250 Tetrachloroethene 127-18-4 0.7 <0.00100 <0.00250 Trichloroethene 79-01-6 0.5 <0.00100 <0.00200 Vinyl chloride 75-01-4 0.2 <0.00100 <0.00240 Semi-Volatile Organic Compounds (mg/L) Cresolsb ~ 200.0 <0.280 <0.280 1,4-Dichlorobenzene 106-46-7 7.5 <0.00620 <0.00620 2,4-Dinitrotoluene 121-14-2 0.13 <0.00380 <0.00380 Hexachlorobenzene 118-74-1 0.13 <0.00360 <0.00360 Hexachlorobutadiene 87-68-3 0.5 <0.00600 <0.00600 Hexachloroethane 67-72-1 3.0 <0.00640 <0.00640 Nitrobenzene 98-95-3 2.0 <0.00380 <0.00380 Pentachlorophenol 87-86-5 100.0 <0.00700 <0.00700 Pyridine 110-86-1 5.0 <0.00360 <0.00360 2,4,5-Trichlorophenol 95-95-4 400.0 <0.00380 <0.00380 2,4,6-Trichlorophenol 88-06-2 2.0 <0.00320 <0.00320 Metals (mg/L) Arsenic 7440-38-2 5.0 <0.0860 <0.0860 Barium 7440-39-3 100.0 0.833J 0.54J Cadmium 7440-43-9 1.0 <0.00500 <0.00500 Chromium 7440-47-3 5.0 <0.0300 <0.0300 Lead 7439-92-1 5.0 <0.0200 <0.0200 Selenium 7782-49-2 1.0 <0.0500 <0.0500 Silver 7440-22-4 5.0 <0.0300 <0.0300 Inorganics (mg/L) Mercury 7439-97-6 0.2 <0.00100 <0.00100 Notes: mg/kg = milligrams per kilogram ND = not detected. Informtaion obtained from EPA Hazardous Waste Characteristics - A User-Friendly Reference Document - October 2009 Triethylamine analysis conducted via GC-FID (EPA 8015D). a = The regulatory level of total cresol (D026) is 200.0 mg/L. b = The regulatory level of total cresol (D026) is 200.0 mg/L. BOLD = Detected compound Laboratory Flags: J = Analyte detected between Limit of Detection and Limit of Quantitation GHD - January 2018 1 of 1 Solenis - Milwaukee, WI State of Wisconsin DEPARTMENT OF NATURAL RESOURCES Scott Walker, Governor 2300 N. Dr. Martin Luther King, Jr. Drive Daniel L. Meyer, Secretary Milwaukee WI 53212-3128 Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Access via relay - 711 March 21, 2018 Solenis, LLC Attn: Mr. Roger Ladewig 5228 North Hopkins Street Milwaukee, WI 53209 Subject: Technical Assistance Waste Determination for 1,2-dichloropropane (PDC) and triethylamine (TEA) at the new Boiler Building Site, Solen is, LLC., 5228 North Hopkins Street Milwaukee, WI FID: 241041900 BRRTS: 02-41-577350 Dear Mr. Ladewig: On January 12, 2018, the Wisconsin Department of Natural Resources ("DNR) received from GHD Services, Inc. (GHD) on behalf of Solenis, LLC, a request for Technical Assistance under s. 292.55, Wis. Stats., on a Waste Determination for 1,2-dichloropropane (PDC) and triethylamine (TEA) at the new Boiler Building Site at the Solenis site. GHD submitted a letter report, "Waste Determination New Boiler Building Excavation" and included a $700 fee for the non-hazardous waste determination. DISCUSSION PDC and TEA were used in the Aquapel process to improve the water and oil resistance of food contact papers. During demolition of a former process area in 2016, PDC and TEA were identified as soil and groundwater contaminants. A proposed new construction of an onsite boiler building will be in an area where the PDC and TEA soil and groundwater contamination is present. The non-hazardous waste determination is for excavated soils and groundwater (from dewatering activities, if needed) from the new boiler building location which will be in the same area as the former process area. GHD stated that, "The PDC and TEA impacts to the soil and groundwater in this area would have been a result of incidental releases of a mixture of fatty acid chloride, PDC, TEA, and raw product (alkyl ketene dimer) from the Process Area." GHD has determined that the incidental release of this mixture is not a listed hazardous waste. Specifically, "When the PDC and TEA are in the Process Area they are both active ingredients that are part of a mixture with fatty acid chloride and raw product and do not meet the U listing definition. Therefore, the U waste code is not appropriate for the soils or groundwater under the process area per 40 CFR 261 .33(d), 54 Federal Register 31335, and RCRA Online 11787." GHD considers the PDC and TEA impacted soil and groundwater beneath the process area, once generated, should be classified as a non-hazardous waste based upon review of the applicable RCRA waste listings and regulations. dnr.wi.gov PRINTED ON RECYCLED PAPER wisconsin.gov Naturally WISCONSIN , Solenis, LLC 5228 N Hopkins St. Milwaukee, WI FID: 241041900 BRRTS: 02-41-577350 Mike Ellenbecker, DNR Hazardous Waste Program Coordinator, was forwarded GHS's request for comment. In his memo he states, "If the soils were impacted with a product that contained a mixture of PDC, TEA, and other constituents, it does not mean that the soils now contain a U083 (PDC) or U404 (TEA) listed hazardous. In order for the soils to contain a U083 or U404 listed hazardous waste, the soils would need to be impacted with PDC or TEA in its unused and pure form (i.e., technical grade)." Based on GHD's report and Mr. Ellenbecker's comment, the DNR agrees with GHD's determination that the soil and groundwater impacted from PDC and TEA would not be considered a listed hazardous waste when excavated. Solenis, LLC also understands that impacted soil and groundwater will be investigated, managed, and remediated per DNR's Chapter NR 700, Wisconsin Administrative Code series. The Department appreciates the actions you have taken to investigate and remediate the contamination at this site. If you have any questions or comments, please feel free to contact me at the above address or at (414) 263-8644. Please refer to the FID and BRRTS numbers at the top of this letter in any future correspondence. Future correspondence should be sent directly to the Remediation and Redevelopment Environmental Program Assistant Chue Yee Yang (414-263-8366) at the above address. Sincerely, ( ohnJ. ( ~~~PTI=------. Project Manager\Hydrogeologist Southeast Region Remediation and Redevelopment Program C: Catherine C. Warner, GHD Services, Inc. WDNR SER Files 2