COMMUNITY INVOLVEMENT PLAN
Kerr McGee Chemical Superfund Site Navassa, North Carolina
Revised November 2017
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u. s. environmental protection agency REGION IV
Approved by: Date : The U. S. Environmental Protection Agency’s (EPA)
Superfund Community Involvement Program is committed
TO PROMOTING COMMUNICATION BETWEEN CITIZENS AND THE AGENCY.
Active public involvement is crucial to the success of any public project.
EPA’s community involvement activities at the
Kerr McGee Chemical Superfund Site
ARE designed TO
Inform the public of the nature of the environmental issues associated with the site,
Involve the public in the decision-making process that will affect them,
Involve the public in the responses under consideration to remedy these issues, and
Inform the public of the progress being made to implement the remedy. Table of Contents
Section Page
1.0 Overview of the Community Involvement Plan...... 4 2.0 Capsule Site Description...... 5 2.1 Site History...... 5 2.2 Site Description/Location...... 6 2.3 Site Inspections and Cleanup Activities...... 8 3.0 Community Background...... 11 3.1 Community Profile...... 11 3.2 History of Community Involvement...... 14 3.3 Key Community Concerns...... 15 3.4 Response to Community Concerns...... 16 3.5 Summary of Communication Needs...... 17 4.0 EPA’s Community Involvement Program...... 19 4.1 The Plan...... 19 4.2 Time Frame Summary for Community Involvement Activities...... 24 5.0 Multistate Trust Community Involvement Support...... 25
Appendices:
A EPA Regional Contacts...... 26 B Local Officials...... 27 C State Elected Officials...... 28 D Federal Elected Officials...... 29 E State Environmental Agencies & Active Citizen Groups...... 30 F Potentially Responsible Parties...... 31 G Media Contacts...... 32 H Meeting Locations ...... 34 I Repository Locations...... 35 J Multistate Trust...... 36 K Fact sheets...... 37 L Glossary...... •...... 40
Figures: 1 Site Map...... 7 2 Property Boundary Map...... 8 3 EJ Screen Map...... 13
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Pages Section 1.0 Overview of the Community Involvement Plan
The EPA developed this Community Involvement Plan (CIP) to facilitate tw^o-way communication between the community surrounding the Kerr McGee Chemical Superfimd Site (Site) and the EPA and to encourage community involvement in Site remediation activities. The EPA will utilize the community involvement activities outlined in this plan to inform area residents about the Site and provide opportunities for community involvement.
This CIP addresses the Kerr McGee Chemical Site’s relationship to the community and the EPA (Section 2.0), provides a description of the community (Section 3.0), presents the EPA’s community involvement program (Section 4.0), and provides a listing of resources available (Appendices). The EPA drew upon several information sources to develop this plan, including community interviews and Site files. The EPA’s Regional Office will oversee the implementation of the community involvement activities outlined in this Plan.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 4 Section 2.0 Capsule Site Description
2.1 Site History
The Kerr-McGee Chemical Corporation Superfimd Site (the Site) located in Navassa, North Carolina, operated as a wood treating facility from 1936 until 1974. Site operations involved pressure treating dried lumber with creosote, a tar like solution for wood preservation purposes. Creosote is a thick oily liquid that is made up of a mixture of chemicals. The major chemicals in coal tar creosote are polycyclic aromatic hydrocarbons (PAHs). Creosote is most commonly used to preserve wood, but is also use as a pesticide. The creosote was typically stored in above-ground tanks and treated lumber was allowed to drip- dry outside. The wood treatment process generated wastewater, which was treated on the Site. A conjoined pair of unlined settling ponds on the Site were used to separate and reclaim creosote.
The Site was dismantled in 1980 when creosote in the settling ponds were reclaimed and creosote sludge from the ponds/product storage tanks were mixed with soil and disposed into the wastewater ponds. The Potentially Responsible Party (PRP), Kerr-McGee Corporation, removed equipment, buildings and storage tanks from the Site and emptied on- Site wastewater ponds in the 1980.
As a direct result of the former manufacturing and dismantling activities, polycyclic aromatic hydrocarbons (PAHs) were detected in the soil and groundwater on-site. PAH’s were also detected in sediments of the marsh adjacent to the Site.
In 2003, the N.C. Department of Environmental Quality (NCDEQ) referred the Site to the EPA. In 2004, the EPA entered into an Administrative Order on Consent (AOC) with PRP Kerr-McGee Corporation. In 2006, Kerr-McGee created Tronox, LLC (Tronox) as a spin-off corporation. Tronox assumed responsibility for the cleanup in Navassa. Anadarko Petroleum Corporation later acquired Kerr-McGee.
In 2006, the EPA and Tronox entered into an Administrative Settlement Agreement and Order on Consent (AOC) to conduct a remedial investigation and feasibility study (RI/FS) at the Site under the Superfimd Alternative Approach. The initial phases of the remedial investigation have been completed. Following completion of the Site investigations, the EPA will issue a draft cleanup plan for public review and comments before updating and finalizing the plan.
Initially, Site cleanup activities were conducted by the PRP, Tronox, successor to Kerr- McGee Chemical, LLC under EPA’s Superfimd Alternative Site program and pursuant to a previous AOC. Tronox filed for Chapter 11 bankruptcy protection in January 2009.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 5 In April 2010, the EPA listed the Site on the National Priorities List (NPL) because of contaminated groundwater, soil and sediment. Site contamination does not currently threaten people living and working near the Site.
In 2011, the Bankruptcy Courts approved its plan of reorganizing Tronox, which included the creation of several environmental response trusts, including the Multistate Environmental Response Trust and the Anadarko Litigation Trust.
The Multistate Trust is an environmental response trust with responsibility for: owning and managing more than 400 former Kerr-McGee Sites in twenty-four (24) states; performing environmental actions at the Sites using the limited funds initially earmarked for each Site and the proceeds from the Anadarko Litigation Trust, if any, as explained below; and facilitating the safe redevelopment and long-term stewardship of the Sites. The Multistate Trust has a (fiduciary) duty of loyalty to its two beneficiaries—the US government and the 24 participating states. The Site-specific Multistate Trust funds can only be used to perform cleanup activities that have been approved by the beneficiaries of the Multistate Trust. Land sales must be approved by the beneficiaries and sale proceeds are used to help pay for Site cleanup. The Greenfield Environmental Multistate Trust is the named Trustee for the Multistate Environmental Response Trust.
In December of 2013 the U.S. Bankruptcy Court for the southern district of New York decided against Kerr-McGee Corporation and related companies that are subsidiaries of Anadarko Petroleum Corporation in a fraudulent lawsuit hearing. The lawsuit alleges that Kerr- McGee committed fraud by deliberately transferring hundreds of hazardous waste Sites into Tronox, a shell created by Kerr-McGee without the money needed to pay for the cleanups. Afterwards, Kerr-McGee sold its most valuable oil and gas assets to Anadarko. Based on negotiations involving the government attorneys and experts during the bankruptcy proceedings, individual Sites were assigned a specific percentage of the total potential proceeds from the Anadarko lawsuit as part of the 2011 bankruptcy settlement. In April of 2014, the US Department of Justice (USDOJ) and the EPA announced that Kerr- McGee/Anadarko agreed to pay $5.15 billion to settle the fraudulent conveyance lawsuit.
By investigating and cleaning up the Site, the EPA, NCDEQ, and the Multistate Environmental Response Trust continue to protect people and the environment from Site contamination.
2.2 Site Description/Location
The 300-acre Site is located in Navassa, Bnmswick County, North Carolina. The southwestern part of the Site includes an area where a wood-treating plant operated from 1936 until its dismantle in 1980. The Site also includes a single residential property that is not affected by Site contamination, a commercial region, and an industrial area in the Wilmington Metro Area. A water line connects residences and businesses to the public water system.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 6 A residential area across North Navassa Road borders the north and west region of the site, Sturgeon Creek borders the Site to the south and Brunswick River borders the Site to the east. Wood-treating operations generated wastewater that was stored in ponds on Site and discharged into an off^site marsh on the southern end of the Site. The Site is fenced and currently vacant. The Town of Navassa plans to reuse the Site following the completion of cleanup activities.
North Brunswick High and Leland Middle Schools are located within two miles of the Site in Leland, and Leland Christian Academy, a private school is located within a mile radius from the Site.
Figure 1: Site Location Map
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page? Figure 2: Property Boundary Map
North CaraliM-.
j ApproximaU Imagery; USGS Ortti 0 70
2.3 Site Inspections and Cleanup Activities
June 1,1981, the EPA began investigating the Site. November 11, 1984, NCDENR conducted a preliminary assessment. Contamination at the Site was determined to be a low priority. March 31,1989, NCDENR performed a Site investigation that was classified as a low priority. January 30 - September 30,2003, NCDENR fimded a Site reassessment and the Site was reclassified and determined to be of higher priority. March 2004, Kerr McGee initiated the first of multiple investigative efforts at the Site, including an Expanded Site Investigation (ESI) and a subsequent RI. Jime 14,2004, the EPA issued an Administrative Order on Consent (AOC). June 14,2004 to September 8,2005, following issuance of the AOC, the PRP performed an expanded Site assessment. March 2006, the negotiations began and the AOC for the RI/FS was signed by Tronox and the EPA in July 2006.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 8 The ESI was requested by the EPA to obtain data for the EPA to evaluate the Site using the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Hazard Ranking System (HRS). The ESI indicated creosote-related constituents in each of the sampled media (soil, sediment, surface water, and groundwater). As a result of the ESI, negotiations between the EPA and Tronox, (a subsidiary of Kerr-McGee Chemical Corporation) were initiated for an Administrative Order on Consent (AOC) for a Remedial Investigation/Feasibility Study (RJ/FS) pursuant to CERCLA. Based on the assessment results, the EPA decided to list the Site and pursue Site cleanup under the Superfund Alternative Agreement program.
In March of 2008, NCDEQ finalized its numeric estimate of the relative severity of a hazardous substance release or potential release (called a Hazardous Ranking Score [HRS] Package), which led to the EPA entering into a Superfund Alternative Agreement with Tronox for cleanup of the Site. The year after Tronox filed for bankruptcy in 2009, the EPA listed the Site on the NPL.
In 2011, the EPA led the investigation and cleanup of the Site, the NCDEQ led implementation of the cleanup and management of the property is conducted by the Multistate Environmental Response Trust (MST), an entity created by the Bankruptcy Settlement Agreement of Tronox LLC.
Contamination from the Site damaged vital natural resources in Navassa, including fish, wildlife, water and wetlands. The Navassa Trustee Council (NRT), which consists of representatives from the US Department of the Interior (DOI), the National Oceanic & Atmospheric Administration (NOAA) and the NCDEQ, was set up as part of the 2011 bankruptcy settlement to jointly manage restoration of natioral resources that were injured by Site contamination.
In 2011, the NRT received funds totaling approximately $900,000. The NRT is slated to receive additional funds of approximately $22 million from the Anadarko lawsuit settlement to compensate for these lost resources and pay for their restoration. The EPA, NCDEQ and the Multistate Trust will cooperate with the NRT to ensure that the superfund cleanup activities at the Site are efficiently coordinated with the NRT’s natural resource damage restoration activities to be performed at the Site. Currently the NRT is working with the City of Navassa and the NCEERC to develop proposals for submittal and potential funding.
The Anadarko settlement was completed in 2011, funds have been received and Site-specific assessments of human health and ecological risk are complete. EPA and the Multistate Trust have completed a Feasibility Study (FS) to evaluate the feasibility, cost and expected environmental benefits from different cleanup options and future land use scenarios for the Site.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 9 Since the Multistate Trust assumed fiduciary responsibility for the Site in 2011, the Site Team has completed the following:
• collected and analyzed soil, sediment, surface water and groundwater samples (2012 and 2013), • performed a screening level ecological risk assessment and preliminary human health risk assessment (2013), and • prepared a draft Supplemental Remedial Investigation (RI) report (2013).
The results of the Supplemental RI report of 2013 found creosote and related contaminants in soil and groundwater in former wood treating areas and in tidal marsh sediments south of the Site. The RI found that heavily contaminated soils on the Site are a continuing source of contamination to groundwater that may be migrating below the marsh areas and contributing to subsurface contamination in the tidal marshes. Based on the results of an incremental sampling program, the EPA found that approximately 150 acres of the 300-acre Site are not impacted by contamination from wood treating operations and could be released for future redevelopment earlier than the more heavily contaminated former manufacturing and processing areas.
Site investigations also identified Sturgeon Creek wetland sediments to be contaminated with creosote and creosote-related semi-volatile organic compounds (SVOCs). SVOCs tend to have a higher molecular weight and higher boiling point. SVOCs include chemicals such as PAHs. Creosote and creosote-related compounds are known to bio-accumulate in the food chain. Sturgeon Creek flows for approximately a half-mile before the confluence with the Brunswick River. The Brunswick River joins with the Cape Fear River, which is located approximately four miles from the Site. Sturgeon Creek, as well as the brackish Brunswick and Cape Fear estuaries, contain fisheries, extensive wetlands frontage, and additional sensitive environments.
According to the 2014 Community Involvement Plan (CIC), site investigations have documented dense non-aqueous phase liquid (DNAPL) below the wastewater ponds up to a depth of 30 feet below ground surface where the DNAPL has been observed as near pure creosote products. In addition, extensive soil and groundwater contamination has been identified on approximately 100 acres of the Site, including the former wood treating operations production area.
Another RI Report is schedule for January 2018 and will document the extent and toxicity of Site contamination and form the basis for the EPA’s selection of a proposed plan for Site cleanup. The RI/FS and proposed plan will be issued for public comment and reviewed in detail with residents and officials from the Tovra of Navassa and other interested stakeholders. The concept of dividing the Site into separate parts (referred to as Operable Units (OU)) will be presented during the FS and Proposed Plan processes. Thereafter, the EPA will enter a Record of Decision (ROD) that documents the EPA-selected cleanup plan for the Site. The Multistate Trust will implement the cleanup plan set forth in the ROD.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 10 Section 3.0 Community Background
3.1 Community Profile
The Kerr-McGee Chemical Superfimd Site is located in Navassa, North Carolina, in the Wilmington Metro Area of Brunswick County. As of 2014, Navassa’s population was estimated at approximately 1,542 residents.
Brunswick County has a total area of 855 square miles of land with 195.2 miles of water. As of 2012, the total population of Brunswick County is 112,257. A few major highways serve the county including U.S. 17, U.S. 76, and U.S. 74. The state of North Carolina is building a bypass for Interstate 74 that leads directly into Navassa.
Brunsvvick County has an Environmental Health Division (EHD) that issues wastewater treatment permits, well permits, conducts sanitation inspections, monitors and enforces drinking water standards, and controls stray animals. The North Carolina Department of Environment Quality (NCDEQ) handles air quality, water quality, wetlands, recreational water, solid waste, and hazardous waste issues. In addition to the Brunswick County EHD, there are several environmental groups established in the Wilmington metro area, including a local chapter of the Sierra Club, Keep Brunswick County Beautiful, and a group called the Surfrider Foundation, which is committed to the preservation of natural resources in the area.
Navassa Demographics
Total Population Approximately 1,542
Gender Breakdown Males: 51.2% I Females; 48.8%
Median Age Median resident age: 34.5 years | North Carolina median age: 38.4 years
Income Estimated median household income in 2015: $33,109 Estimated per capita income in 2015: $47,830
Race/Ethnic Background Black: 64% | White: 27% | Hispanic: 5% | Two or more races: 4% | Native American: .5%
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 11 Education High school or higher: 78.3% | Bachelor’s degree or higher: 10.2% | Graduate or professional degree: 2.6% | Unemployed: 11.8%
Language. Translation or Other Requirements Currently, no populations of monolingual, non-English speakers have been identified. Communications for Kerr-McGee will be in English.
Population of Nearby Cities According to the United States Census Bureau 2014 estimates, the populations of Navassa’s neighboring cities with the highest populations are as follows:
Wilmington, NC: 50,000+ Raleigh, NC 200,000+
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 12 EJ Screen 1 mile Ring Centered at Kerr McGee Chemical NORTH CAROLINA, EPA Region 4 Approximate Population: 796
Figure 3: EJ Screen Map
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EPA State Percentile Percentile in USA Percentile Selected Variables Value Region Average in State EPA Region Average in USA Average Demographic Indicators Demographic Index 52% 37% 76 38% 73 36% 74 Population 41% 36% 63 37% 61 38% 61 Low Income Population 62% 38% 86 39% 85 34% 87 Linguistically Isolated 2% 3% 3% 66 5% 58 Population 69 Population with Less Than 25% 14% 83 14% 83 13% 84 High School Education Population under Age 5 13% 6% 95 6% 95 6% 94 Population over Age 64 17% 14% 67 15% 65 14% 68
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 13 3.2 History of Community Involvement
The first Community Involvement Plan (CIP) for the Kerr McGee (Tronox) Site was completed in 2007. Community interviews were conducted with over 50 residents in a park near City Hall. The community actively participated during the focus group meeting. Navassa Mayor Eulis Willis participated in the meetings. The EPA Brownfields Coordinator, Kathleen Curry attended the meetings.
In 2011, Community Involvement activities involved outreach and information to the community. The Community Involvement Coordinator (CIC) worked with the community to receive technical assistance via a Technical Assistance Services for Communities (TASC).
On July 27, 2011, the North Carolina Department of Public Health hosted a public availability session at Navassa Town Hall to discuss the findings from a draft public health assessment report for the Site.
On June 9, 2014, the EPA CIC conducted community interviews. Interviews were conducted with Mayor Willis, the Navassa Town Council and a part- time community planner, as well as several residents and property owners in the area. The EPA held a public cleanup update on September 15,2015 at Mt. Calvary Church in Navassa.
The CIC also worked with the Navassa Community Environmental & Economic Redevelopment Corporation (NCEERC) to apply for a Technical Assistance Grant (TAG).- The TAG was awarded to NCEERC in September of 2017. Also during this time, the Remedial Project Manager continued to update Mayor Willis on the technical activities.
Kerr~McGee Chemical Revised November 2017 Community Involvement Plan Page 14 In June 2017, the EPA conducted additional interviews with residents, stakeholders and public officials. As a result of these interviews, a few key community concerns have been identified. The Multistate Trust has been working with Mayor Willis on developing materials to help the community secure fimds to support redevelopment of a number of contaminated Sites in the Town of Navassa. The Multistate Trust, EPA and NC DEQ hosts’ quarterly community meetings to the public to provide updates to residents, public officials, and stakeholders.
3.3 Key Community Concerns
2014 Community members expressed concern about health conditions of those who lived in the area during the operations of the Kerr McGee (Tronox) Site and their descendants. The family that ovvois and continues to live on a small lot of land within the boimdaries of the Site expressed concerns about health.
Mayor Eulis Willis, the City Council and landovmers expressed an interest in economic development of the area. They also expressed concerns about how the processes of the EPA, what the EPA plans to do with the property after it is cleaned-up and the opportunity for local businesses and residents to obtain jobs. The Mayor and others are interested in restoration of damage to the rivers and wetlands caused by contamination from the Site
2017 On June 20, 2017, EPA conducted interviews in Navassa, NC in reference to the Kerr McGee Chemical Superfund Site. The interviews included local officials, community residents, and stakeholders. The interviewees were asked approximately seven prepared questions. Interview questions presented to the interviewees were:
1. Are you aware of the Kerr McGee Navassa Site? 2. How long have you lived in the community? 3. Have you received any information about the Site or the Site activities? Was it by mail, television, radio, meeting, etc.? 4. Would you like to receive any information about the Site in the future? If so, what is the best method? (i.e. mail, email, meeting, etc?) 5. Would you attend meetings to get more information about what is happening with the Kerr McGee Site? If so, what day(s) and time(s) are best? If not, why? 6. Are there any persons in the community that you trust and would consider a leader in providing information to you? If so, who are they and can you provide their information? 7. Are there any additional information, concerns, or comments?
The interviewees have knowledge of the Site. Most receive information either through email, mail, or the local media. The majority are lifelong residents of Navassa or have lived in the area longer than twenty years. Most stated that Email is the best method for providing information. The interviewees also indicated that the best times to host community meetings are Tuesday evening or Saturday mornings.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 15 The residents shared the following concerns: • Would like to receive factual information about the Site; • Understand the clean-up process and whether contamination \vill return in the future; • If current contamination is causing health problems or cancer; • Desires more resources and information to be provided to the community; • Concerned about the future development of the area once the Site is cleaned up; • The commvmity has a voice and is involved throughout the development opportunities and process; • Expressed that the Multi-State Trust and the EPA are doing a good job with keeping the community informed; and • Proposed an idea that includes developing a boat yard and partnering with local colleges and universities to provide job/skilled labor training and service to repair boats.
3.4 Response to Community Concerns
2014 The EPA will work with the Agency for Toxic Substance Disease and Registry (ATSDR) and the North Carolina Department of Health to determine if there are processes in place to pursue research and/or provide environmental health information to the community concerning their health issues.
The EPA will review processes that have been successful at other Superfimd Sites to provide information/opportunities to the community on the redevelopment and reuse; opportunity to use the Superfund Job Training Initiative; and to continue to update the community on the status of the cleanup of the Site area and provide opportunities for questions, suggestions and/or concerns to be provided to the EPA. The EPA will also work with the Multistate Trust to ensure that appropriate outreach is conducted to assist the community in these processes. The EPA and Multistate Trust have initiated communications with the NRT. Mayor Willis will be kept informed of their restoration activities.
2017 The EPA continues to work with multiple organizations and agencies such as the Multistate Trust and NCDEQ to provide information and resources to the community. The Multistate Trust hosts public and stakeholder meetings quarterly at the Navassa commimity center. Representatives from the EPA, Multistate Trust, NCDEQ and the fish and wildlife agencies attend the quarterly meetings. The purpose for the quarterly meeting is to continue to educate residents and stakeholders about the Kerr McGee Superfimd Site and to provide status updates on the cleanup and potential redevelopment process through the RWG.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 16 The NCEERC is a non-profit organization that is organized by citizens to assist local residents and neighbors with redevelopment of property and increase community economic development and prosperity. The NCEERC is working with the EPA, state agencies, and the Multistate Trust to ensure that the residents of Navassa are provided wdth information about the Site. The NCEERC was awarded a TAG in September 2017 to assist with outreach efforts for the Site. They also provide a platform for residents to offer and submit ideas for redevelopment of the Site.
3.5 Summary of Communication Needs
2014
Navassa local leaders and residents have been waiting for cleanup activities to begin. Residents and officials have expressed concern about the environmental impacts of the former creosote plant for several decades. From 1981 until 2002, state and federal investigations listed the Site as low priority. In 2003, a re-evaluation determined the Site was a higher priority. Given the many years that have passed since state and federal regulators first began to communicate with the town of Navassa and residents about this Site, the lines of communication have become frayed, and faith and trust have diminished.
Time and effort will have to be invested to reconnect lines of communication, re-establish trust, and rebuild working relationships as remediation activities and reuse planning for the Site move forward.
A first step towards re-establishing good working relationships with local government and the community occurred during in-person meetings between the Site CIC, Site contractor, and the Mayor and Town Council in June 2014 at Navassa’s Town Hall. To build on this foundation, the following actions were identified as helpful:
• Regular status reports about Site activities from the EPA’s RPM and CIC, including frequent communications in writing and in person with the Mayor, other town leaders and residents about remediation plans and cleanup activities at the Site. • Possibly establishing a Community Advisory Group to provide a mechanism for regular community engagement with EPA during Site remediation and cleanup activities. • Bringing other EPA program offices such as the Office of Water (coastal restoration and river cleanup) and other federal partners such as the federal Department of Housing and Urban Development (HUD) and Department of Transportation (DOT) into dialogue with Navassa town leaders.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 17 2017
The residents have knowledge of the cleanup process. Many of the residents indicated that they receive information from the news or by attending the community meetings. Residents want to be involved and have a voice throughout the cleanup process, and want to receive accurate information from the EPA, Multi-State Trust, and the State agencies. They also want to make sure the community is included in the planning process for redevelopment of the Site.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 18 Section 4.0 EPA’s Community Involvement Program
The overall goal of the EPA’s community involvement program is to promote two-way communication between citizens and the EPA and to provide opportunities for meaningful and active involvement by the community in the cleanup process. The EPA will implement the community involvement activities described below. The following plan is based on the results of the community interviews described earlier:
4.1 The Plan
Issue 1: Keeping the piihlie intoriiied atui up to date.
Activity lA: Designate an EPA Community Involvement Coordinator (CIC).
• Objective: To provide a primary liaison between the community and the EPA, and to ensure prompt, accurate, and consistent responses and information dissemination about the Site. In those instances where EPA’s CIC may be unable to provide adequate information (such as on technical issues), inquiries will be directed to the appropriate EPA contact.
• Method: The EPA will designate an EPA CIC to handle Site inquiries and serve as a point of contact for community members. The CIC is appointed by the Region 4 headquarters. L’Tonya Spencer is the EPA CIC assigned to the Site. She will work closely with Erik Spalvins, EPA’s Remedial Project Manager for the Site.
• Timing: Timing: A CIC will be designated to provide community support until Site activities have been concluded.
Activity IB: Prepare and distribute Site fact sheets and technical summaries.
• Objective: To provide citizens with current, accurate, easy-to-read, easy-to-understand information about the Kerr-McGee Chemical Superfund Site.
• Method: Fact sheets will be mailed to all parties on the Site mailing list. In addition, copies will be available at the information repository and in various cooperating business locations in the community.
• Timing: The EPA will prepare and distribute fact sheets as needed
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 19 Activity 1C: Provide a toll-free “800 number” for the community to contact EPA.
• Objective: To enable citizens to obtain the latest information available when they want it, rather than having to wait for a meeting or a fact sheet, and without incurring any cost.
• Method: The EPA will activate the 800 number and publish it periodically in the local papers and in all fact sheets.
• Timing: The line is currently operational (1-877-718-3752).
Activity ID: Maintain a mailing list for the Site.
• Objective: To facilitate the distribution of Site-specific information to everyone who needs or wants to be kept informed about the Site.
• Method: The EPA will create a mailing list that includes all residences adjacent to the Site, in known or suspected paths of migration, or those otherwise affected by the Site. The EPA will also solicit interested parties via fact sheets, newspaper articles, public, meetings, public availabilities, etc.
• Timing: The current list has been used for distribution of fact sheets and other meeting materials. It will be updated as activities at the Site progress through the use of sign-in sheets, mail returns, emails and other appropriate media.
Activity IE: Establish and maintain Information Repositories.
• Objective: To provide a convenient location for residents to review and copy official documents and other pertinent information about the Site and EPA activities.
• Method: The repository is a reference collection of Site information containing the Administrative Record file, other Site-specific information, the Community Involvement Plan, information about the Technical Assistance Grant program, and the general Superfimd process. The Community Involvement Coordinator will work with a local contact to establish the local repository. This repository will be accessible to the physically challenged, will have copier facilities, and will be available to residents during normal business hours and at least some evening and/or weekend hours. Additional repositories may also be established, including one at the EPA Region 4 headquarters in Atlanta, Georgia.
• Timing: The EPA established the Information Repository at the Navassa City Hall, located at 334 Main Street, Navassa, North Carolina 28451. The EPA will continue to provide additional documents as they become available.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 20 Activity IF: Provide Site and Superfund information on the Internet.
• Objective: To provide key resources for searching and listing both general and specific information about Superfimd and hazardous waste issues.
• Method: A Site Status Summary for this Site can be found at https://www.epa.gov/superfund/kerr-mcgee-chemical-corp. Information about EPA and Superfund can be found at: ■ EPA Headquarters: http://www.epa.gov ■ EPA Region 4: https://wvyw.epa.gov/aboutepa/about-epa-region-4-southeast ■ Multistate Trust: http://multi-trust.org
The Proposed Plan and the Record of Decision (ROD) for the Site will be placed on the EPA websites as they are completed.
• Timing: Site status summaries are periodically updated.
Activity IG: Establish and maintain the Administrative Record.
• Objective: To provide residents with a paper trail of all documents, resources, etc. used by the Remedial Project Manager and Site Team in reaching decisions about the Site.
• Method: The EPA will provide two Administrative Record for the Site. The locations are as follows: U.S. EPA Region 4, 61 Forsyth Street SW, Atlanta, GA 30303 and Town of Navassa City Hall 334 Main Street, Navassa, North Carolina 28451.
• Timing: The Administrative Record is opened as soon as the Site investigation begins and remains open until the last ROD is signed. Additional information will be added to the AR throughout the process.
Issue 2: l*^)^ ide adequate and meaningful opportunities foreoninuinit> in^oh ement.
Activity 2A: Hold public meetings.
• Objective: To update the community on Site developments and address community questions, concerns, ideas and comments.
• Method: Refer to Appendix H for suggested meeting locations. The EPA will schedule, prepare for, and attend all announced meetings. The EPA will provide at least two weeks’ notice of the scheduled meeting. The Regional Project Manager, Community Involvement Coordinator, and other appropriate EPA staff will attend.
• Timing: Public meetings are held on a quarterly basis. Mandatory meetings for the Proposed Plan will be held in accordance with Superfund regulations.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 21 Activity 2B: Encourage formation of a Community Advisory Group (CAG).
• Objective: To provide citizens with a meaningful way to become actively involved, and to provide the Site Team with a viable means of learning citizen concerns and attitudes.
• Method: The EPA will encourage the formation of a CAG and provide support as appropriate to facilitate its formation. If formed, the EPA will provide administrative support but will not be an active member.
• Timing: The EPA will respond to any requests for help to form a CAG, if Stakeholder interests show support. Information will be readily provided as needed.
Activity 2C: Make visits to community.
• Objective: To inform community members about the Site, while providing the EPA with feedback about Site activities and the community’s opinions.
• Method: The EPA will establish a presence in the community through informal, often unscheduled visits to talk spontaneously with local residents.
• Timing: Throughout the entire Superftmd process.
Activity 2D: Solicit comments during a Public Comment Period.
• Objective: To give community members an opportunity to review and comment on various EPA documents, especially the Proposed Plan. This provides the citizens with meaningful involvement in the process and provides the Site Team with valuable information for use in making decisions.
• Method: The EPA will announce each comment period separately. Announcements will appear in local newspapers and in EPA fact sheets. Announcements will include information on duration, how to make comments, where to submit comments, etc. The EPA may solicit comments on the following information/draft documents: draft CIP, draft summary of test results (not individual tests) and initial interpretation, preliminary findings on the RI and a list of possible remedies likely to be considered, preliminary findings of the FS and a summary of the leading contender for the proposed remedy, and preliminary plans for implementation and construction.
• Timing: Comment periods will be announced as appropriate. A comment period is required in conjunction with the announcement of the Proposed Plan and will last a minimum of 30 days.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 22 Activity 2E: Prepare and issue a Responsiveness Summary.
• Objective: To summarize comments received during comment periods, to document how the EPA has considered those comments during the decision-making process, and to provide responses to major comments.
• Method: The EPA will prepare a Responsiveness Summary as a section of the Record of Decision. The Responsiveness Summary will include four sections: 1. Overview; 2. Background on Community Involvement; 3. Summary of comments received and Agency responses; 4. Remedial Design/Remedial Action concerns. All information, both technical and nontechnical, will be conveyed in a manner that is easily understood.
• Timing: The EPA will issue the Responsiveness Summary as part of the Record of Decision.
Activity 2F: Revise the Community Involvement Plan (CIP).
• Objective: To identify and address community needs, issues, or concerns regarding the , Site or the cleanup remedy that are not currently addressed in this CIP.
• Method: The Revised CIP vrill update the information presented in the previous version of the CIP.
• Timing: The EPA will revise the CIP as community concern warrants or at least every three years until the Site is closed out.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 23 4.2 Time Frame Summary for Community Involvement Activities
ACTIVITY TIME FRAME Designate an EPA Community Involvement Designated: L’Tonya Spencer Coordinator (CIC) Prepare and distribute Site fact sheets As needed and technical summaries Provide a toll-free "800 number" for the community to contact EPA Currently in operation Maintain a mailing list for the Site Ongoing Establish and maintain Information Repositories Established, update as needed Provide Site and Superfund information on the Currently available; update as needed Internet Establish and maintain the Administrative Record Established, update as needed
Hold public meetings Quarterly; As needed Encourage formation of a Community Advisory Group (CAG) As needed Make visits to community As needed Solicit comments during a Public Comment As needed and required Period Prepare and issue a Responsiveness Summary Following public comment periods
Revise the Community Involvement Plan (CIP) As needed, at least every 3 years
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 24 Section 5.0 Multistate Trust Community Involvement Support
The Multistate Trust will support the EPA’s Community Involvement plans and activities by developing and implementing the following activities:
• Creating and maintaining a web page on the Multistate Trust website http://multi-trust.org to ensure that community stakeholders have access to current information about remediation and redevelopment activities at the Site; • Periodically preparing and issuing a newsletter updating the major Site activities; • Providing technical and logistical support for EPA-led public meetings and information sessions; and • Providing support, as authorized by the EPA, to the Town of Navassa and community st^eholders on redevelopment opportunities and initiatives.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 25 Appendix A EPA Regional Contacts
Erik Spalvins L’Tonya Spencer U.S. EPA, Region IV U.S. EPA, Region IV Remedial Project Manager Community Involvement Coordinator 61 Forsyth Street, SW 61 Forsyth Street, SW Atlanta, GA 30303 Atlanta, GA 30303 Tel: (404) 562-8938 Tel: (404) 562-8463 E-mail: [email protected] E-mail: [email protected]
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 26 Appendix B Local Officials
Mayor Brunswick County Commissioner Eulis A. Willis Randy Thompson, Vice Chairman-District 1 334 Main Street P.O. Box 249 Navassa, NC 28451 Bolivia, NC 28422 Tel: (910)371-2432 Tel: (910) 253-2017 [email protected] countvcorrespondence@brunswickcountvnc. gpy Navassa Town Council - Coxmcilwoman Minnie Brown J. Martin Cooke - District 2 (Mayor Pro-Term) P.O. Box 249 334 Main Street Bolivia, NC 28422 Navassa, NC 28451 Tel: (910) 253-2017 Tel: (910) 371-2432 countvcorrespondence@,brunswickcoimtvnc. [email protected] gov
Councilman Ernest Mooring Jr. Pat Sykes - District 3 (District 1) P.O. Box 249 334 Main Street Bolivia, NC 28422 Navassa, NC 28451 Tel: (910) 253-2017 Tel: (910)371-2432 countvcorrespondence@brunswickcountvnc. [email protected] gov
Councilman Milton Bums Mike Forte - District 4 (District 2) P.O. Box 249 334 Main Street Bolivia, NC 28422 Navassa, NC 28451 Tel: (910) 253-2017 Tel: (910)371-2432 countvcorrespondence@,bmnswickcountvnc. [email protected] gov
Councilman Athelston Bethel Frank Williams, Chairman - District 5 (District 3) P.O. Box 249 334 Main Street Bolivia, NC 28422 Navassa, NC 28451 Tel: (910) 253-2017 Tel: (910) 371-2432 countvcorrespondence@brunswickcountvnc. [email protected] gpy
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 27 Appendix C State Officials
Governor Roy Cooper Office of the Governor 20301 Mail Service Center Raleigh, NC 27699-0301 Phone: (919) 814-2000 https://govemor.nc.gov/contact-govemor-cooper
Lt. Governor Dan Forest Office of the Governor 20301 Mail Service Center Raleigh, NC 27699-0301 Phone:(919)814-2000 https://ltgov.nc.gov/contact-us
State Senator Bill Rabon District 8 NC Senate 16 W. Jones Street, Room 2108 Raleigh, NC 27601-2808 Tel: (919) 733-5963 Bill.Rabon@,ncleg.net
State Representative Deb Butler District 18 NC House of Representatives 16 W. Jones Street, Room 1313 Raleigh, NC 27601-1096 Tel: (919) 733-5754 [email protected]
Frank Her NC House of Representatives District 17 300 N. Salisbury Street, Room 637 Raleigh, NC 27603-5925 Tel: (919)301-1450 [email protected]
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 28 Appendix D Federal Elected Officials
U.S. Senate U.S. House of Renresentatives
Mr. Richard Burr Mr. David Rouzer Washington DC Office District 7 217 Russell Senate Office Building 424 Cannon House Office Building Washington, DC 20510 Washington DC 20515 • (202) 224-3154 (202) 225-2731 https ://www.burr.senate. gov/ https ://rouzer .house. gov/contact
Wilmington NC Office Brunswick County Office 201 North Front Street Suite 809 310 Government Center Drive Wilmington, NC 28401 Unitl (910) 251-1058 Bolivia, NC 28422 (910)253-6111 Mr. Tom Tillis Washington DC Office 185 Dirksen Senate Office Building Washington DC 20510 (202) 224-6342 https://www.tillis.senate.gov/public/
Greenville NC Office 1694 E. Arlington Blvd. Suite B Greenville, NC 27858 (252) 329-0371
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 29 Appendix £ State Environmental Agencies and Active Citizens Groups
N.C. Department of Health and Human Services Beth Dittman 217 West Jones Street Raleigh, NC 27603 (919) 707-5906 [email protected]
N.C. Department of Environmental Quality (NCDEQ) Dave Mattison, Project Manager 217 West Jones Street Raleigh, NC 27603 (919) 707-8336 david.mattison@ncdenr. gov
Navassa Community Environmental & Economic Redevelopment Corporation (NCEERC) PO Box 7199 Navassa NC http://nceerc@,nceerc.org/
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 30 Appendix F Potentially Responsible Parties
Multistate Environmental Response Trust • Kerr-McGee Chemical Corporation • Tronox, LLC • Andarko Petroleum
Trustee of the Multistate Trust: Greenfield Environmental Multistate Trust LLC
Richard Elliot Project Manager Greenfield Environmental Multistate Trust LLC Trustee of the Multistate Environmental Response Trust 44 Shattuck Road Watertown, MA 02472 (617)953-1154 [email protected]
Cynthia Brooks Managing Principal Greenfield Environmental Multistate Trust LLC Trustee of the Multistate Environmental Response Trust 44 Shattuck Road Watertown, MA 02472 Tel: (617) 448-9762 E-mail: cb@,g-etg.com
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 31 Appendix G Media Contacts
Television Stations WWIL-1490AM WWAYNews Gospel Joy Channel 3 201 North Front Street 615 North Front Street Wilmington, NC 28401 Wilmington, NC 29401 Tel: (910) 343-1640 Tel: (901) 762-8581 https://gospeliovl490.net/ httt)://www.wwavtv3 .com/ WDVV - 89.7FM WECTNews Praise Channel 6 201 N Front Street 322 Shipyard Boulevard Wilmington, NC 28401 Wilmington, NC 28412 Tel: (910) 763-2452 Tel: (910) 791-8070 http://www.thedoveonline.org/ http://www.wect.com WZFX WSFXNews Hip Hop FOX 26 322 Shipyard Boulevard 322 Shipyard Boulevard Wilmington, NC 28412 Wilmington, NC 28412 Tel: (910)486-4114 Tel: (910) 791-8070 http://foxv99.com/ https://foxwilmington.revrocket.us/n/#!/hom WAAV-980AM 3233 Burnt Mill Drive Wilmington, NC 28403 Tel: (910) 763-9977 Friends of Public Radio http://www.980waav.com/ Contemporary 254 North Front Street WGNI-102.7FM Wilmington, NC 28401 Contemporary Tel: (910) 343-1640 3233 Burnt Mill Drive, Suite 4 http://whar.0rg/#stream/O Wilmington, NC 28403 Tel: (910) 343-1027 WHQR-91.3FM http://www.wgni.com/ Classical 254 North Front Street Sea-Comm Media Wilmington, NC 28401 Talk Tel: (910)343-1640 122 Cinema Drive http://tunein.com/radio/WHQR-913-s29414/ Wilmington, NC 28403 Tel: (910) 772-6300 https://www.facebook.com/pages/Sea- Comm-Media/134209133296427
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 32 WBNE-93.7&103.7FM Rock The Bone 122 Cinema Drive Wilmington, NC 28403 Tel: (910) 772-6300 http://www.radiolineup.com/stations/WBNE -FM
WKXB - Jammin 89.9FM Greatest Hits 25 North Kerr Avenue Wilmington, NC 28405 Tel: (910) 763-9990 http://www.iammin999fin.com/
Z 1075 Contemporary 25 N Kerr Avenue Wilmington, NC 28405 Tel: (910) 251-1075 http://www.zl075.com/
Newsnaners
Brunswick Beacon P.O. Box 2558 Shallotte NC 28459 Tel: (910) 754-6890 http://www.brunswickbeacon.com/
Wilmington Star-News P.O. Box 840 Wilmington NC 28409 Tel: (910) 343-2000 http://www.stamewsonline.com/
Wrightsville Lumina New Hanover Coimty NC Tel: (910) 256-6569 [email protected]
Carolina Beach Island Gazette 1003 Bennet Lane, Suite F Carolina Beach, NC 28428 Tel: (910) 458-8156 http://www.islandgazette.net/news-10/
4206 Bridges Street PO Box 1679 28557 Revised November 2017 Plan Page 33 http://www.post-voice.com/
Leland Tribune P.O. Box 1986 Leland, NC 28451 tribune@lelandtribune. com
Southport State Port Pilot P.O. Box 10548 Southport, NC 28461 [email protected]
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 33 Appendix H Meeting Locations
Navassa Community Center 338 Main Street Navassa, NC 28451
Town Hall 334 Main Street Navassa, NC 28451 (910)371-2432 httt)://www.townofnavassa.org/index.html
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 34 Appendix I Repository Locations
Local Renositorv: EPA Region Renositorv: Town Hall U.S. Environmental Protection Agency, 334 Main Street Region 4 Navassa, NC 28451 Superfund Remedial Branch (910)371-2432 61 Forsyth Street, SW http://www.townofhavassa.org/index.html Atlanta, GA 30303
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 35 Appendix J Multistate Trust Contacts
The Multistate Trust contacts for the Site include:
Richard Elliot Project Manager Greenfield Environmental Multistate Trust LLC Trustee of the Multistate Environmental Response Trust 44 Shattuck Road Watertown, MA 02472 (617)953-1154 [email protected]
Cynthia Brooks Managing Principal Greenfield Environmental Multistate Trust LLC Trustee of the Multistate Environmental Response Trust 44 Shattuck Road Watertown, MA 02472 Tel: (617) 448-9762 E-mail: [email protected]
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 36 r
Appendix K Fact Sheets
Overview of the Multistate Environmental Response Trust M Kerr-McGee Chemical Corporation Superfund Site, Navassa, North Carolina June 2017
The U.S. Environmental Protection Agency (EPA), the North Carolina Department of Environmental Quality (NC DEO) and the Multistate Environmental Response Trust (the Multistate Trust) prepared this fact sheet to eaplain the roles and responsibilKies of the organizations involved in remediation, redevelopment, and natural-resource restoration at the Kerr- McGee Chemical Corporation (KMCC) Superfund Site in Navassa, North Carolina (the Site).
Overview of the Muttlstate Trust In 2005, Kerr-McGee created Tronox by transferring the Navassa Site and hundreds of other contaminated sites Into this corporate 'sheir without the funds needed for cleanup of the sites. Kerr-McGee then sold Its naost valuable oil and gas assets to Anadarko Petroleum. In 2009, unable to pay for cleanup of the Kerr-McGee sites, Tronox filed for bankruptcy. In 2011, the bankruptcy court approved a settlement agreement with the U.S. government, 24 state governments and Tronox, which established several trusts, including the Multistate Trust.
The Multistate Trust is an environmental response trust responsible for owning and managing more than 400 former KMCC Navassa SutMrfund Sttt Kerr-McGee contaminated sites in 31 states, remediating the From 1936 until 1974, Kerr-McGee and other companies operated a aeosote-based wood treatment facility at the ZSt- sites using funds earmarked for each site, and facilitating safe acre Site situated on the bank of the Brunswick Wver. In 2010, redevelopment and long-term stewardship of the sites. Since EPA added the SHe to the National Priorities List of federal its creation in 2011, the Multistate Trust has been performing Superfund sites because of contamination In groundwater, soils cleanup activities approved by EPA and NC DEa using the and sediments resulting from the wood-treating activities. cleanup funds allocated for the KMCC Navassa Superfund Site. It will eventually sell or transfer the property for future reuse. The Multistate Trust has a fiduciary duty to its beneficiaries— EPA and NC OEa The Multistate Trust is a private entity with the public purpose of protecting human health and the environment. Greenfield Environmental Multistate Trust LLC is the court-approved Trustee of the Multistate Trust.
Multistate Trust Cleanup Funds ^ The Multistate Trust received $92.5 million to clean up the Site. These cleanup funds are managed and Invested by the Multistate Trust. EPA and NC DECt do not hold or control the cleanup funds. ^ Cleanup funds can only be spent on environmental actions (such as site investigations and cleanup). The Multistate Trust is prohibited from using cleanup funds to: engage In for-profit activities; restore damage to natural resources (see Navassa Trustees Council); compensate people for health effects caused by past exposure to Site contamination (see Tronox Tort Claims Trust); and implement (construct) Site redevelopment, although funds can be used to integrate future reuse into cleanup plans and engage in multi-stakeholder discussion about future reuse of the Site. if The companies responsible for Site contamination—Tronox, Kerr-McGee and Anadarko Petroleum—were the source of Multistate Trust cleanup funds, not the U.S. government or U.S. tax dollars.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 37 Overview of the Multistate Environmental Response Trust Kerr-McGee Chemical Corporation Superfund Site, Navassa, North Carolina
Gm mt Agencies Involved in Multistate Trust Activities at Site and in Tronox Bankruptcy Settlement EPA—lead Agency: approves Multlstate Trust cleanup plans and budgets, in consultation with NC DEQ NC OEQ—Non-Lead Agency; consults with EPA on Multistate Trust cleanup plans and budgets Navassa Trustees Council (NTC)-Represented by U,S. Fish A Wildlife Service (USFWS), National Oceanic and Atmospheric Administration (NOAA) artd NC DEQ: responsible for restoration of damaged natural resources V' EPA and NC DEQ-Beneflclaries of the Multistate Trust for the Site EPA and NTC approve any sale or transfer of Multistate Trust property
U.S. ERA ^ Coordination j ' ItodAgtnciiforatanapt ^ Approval^ Land Sakfs} J Trustees DOI/USFW5 Council
Natural P Multistate Trust ^ Resource NCDEQ Damage Land. Manage funds, MOcon up Site and Sell Land '^ Restoration
Approval NOAA of Und Sale(s)
Natural SHOum Oamags (Ustorttion Turn C 3
The Navassa Trustees Council (NTQ for KMCC Navassa Superfund Site | The NTC Is made up of natural resource trustees from USFWS, NOAA and NC DEQ. The NTC is responsible for f restoration of natural resources damaged by Site contamination. The NTC received $22 million from the Tronox bankruptcy settlement to be used for projects aimed at restoring natural resources and habitat for fish, birds and other wildlife In the Navassa region that were injured by creosote-based contaminants from the Site. Please contact Howard Schnabolk from NOAA at &43-740-1328 or howard.schnabolkanoaa.«ov for more information or visit the NOAA
Tronox Tort Claims Trust As part of the bankruptcy settlement, the court established the Tronox Tort Claims Taist to pay claims to people with adverse health effects from exposure to contaminants from the Kerr-McGee sites throughout the United States. For more information, please contact the Tronox Tort Oaims Trust helpline via email at helplinegtronoxtorttrust.com or by phone at 800-753-2480, or visit the Tronox Tort Claims Trust website at http://www.tronoxtorttrust.com. Note: EPA, NC DEQ, and the Multistate Trust have no involvement in the TronoxTort QaimsTrust. T ■..'^:fillllll For more information about cleanup and redevelopment of the KMCC Navassa Superfund SHe, please contact: BPA: Erik Spalvins (404-909-0345, spalvins.erikgepa.gov). LTonya Spencer (404-562-8463, spencer.latonyagepa.gov) NC DEQ; Dave Mattison (919-707-8336, david.mattisongncdenr.aov) Multistate Trust: Richard Elliott (617-953-1154, regg-etg.com) and Christine Amrhine (540-846-3163, cagg-etg.com)l
Kerr-McGee Chemical Community Involvement Plan Page 38 Revised November 2017 P ------
MSA NCDENR Kerr-McGee Chemical Corporation Site—Navassa, North Carolina Anadarko Lawsuit Settlement
Introduction The US Environmental Protection AgeiKy (EPA). the North Carolina Department of Environment and Natural Resources (NCOENR) and the MuHistate Environmental Response Trust (the Multistate Trust) prepared this (act sheet to explain how funds from the settlement of the Anadarko lawsuit wili be used to cleanup the Kerr-McGee—Navassa Site.
Settlement of the Kerr-McGee/Anadarko lawsuit On April 3, 2014, the US Department of Justice (USOOJ) and EPA announced that Kerr-McGee, a subsidiary of Arsadarko g.--. Petroleum Corporation (Anadarko), agreed to pay SS.IS billion to settle a lawsuit against Kerr-McGee alleging that Kerr- McGee committed fraud by deliberately transferring hundreds of hazardous waste sites into Tronox, a shell created by Kerr- McGee, without the money needed to pay (or the cleanups. Shortly thereafter, Kerr-McGee sold its most valuable oil and gas assets to Anadarko. Unable to finance its massive environmental liabilities, Tronox filed for bankruptcy in 2(X>9. In 2011 the court approved a global settlement of the Tronox bankruptcy, under which USOOJ, EPA and numerous state governments created several trusts, including the Multistate Environmental Response Trust (see Multistate Trust insert below) and the Anadarko litigation Trust. The Anadarko Trust is responsible for prosecuting the lawsuit against Kerr-McGee/Anadarko and distributing the lawsuit proceeds to cleanup hundreds of Kerr-McGee sites around the country and satisfy other claims, in accordance with specified allocations agreed to during the bankruptcy process.
Th« MuHistate Trust The Multistate Trust is an environmental response trust that was created as part of the 2011 Tronox bankruptcy settlement. It is responsible for; owning and managing more than 400 former Kerr-McGee sites in 24 states; to the extent funds are available, cleaning up the sites; and faciliuting the safe redevelopment and long-term stewardship of the sites. The Multistate Trust has a (fiduciary) duty of loyalty to its two beneficiaries—the EPA and the 24 participating states. The Multistate Trust funds can only be spent on cleanup aahrities that have been approved by its beneficiaries.
The Kerr-McGee—Navassa Site is one of many Multistate Trust sites. EPA and NCOENR are the two beneficiaries of the Multistate Trust for the Site. As lead Agency, EPA oversees and approves Site cleanup plans. EPA, or jointly EPA and NCOENR, approve cleanup budgets. EPA, NCOENR and the Navassa Trustees Council (see Restoration of Damage to Natural Resources insert below) must approve the sale or transfer of any property that is part of the Kerr-McGee—Navassa Site. Sale proceeds are used to help pay for the cleanup. Greenfield Environmental Multistate Trust is the named Trustee for the Multistate Environmental Response Trust
Funding Cleanup of the Kerr-McGee—Navassa Site In 2011 the Multistate Trust took title to hundreds of Kerr-McGee waste sites, including the Kerr-McGee—Navassa Site. Initially the Multistate Trust received a toul of $4.2 million, which has been used to perform additional site irwestlgations and studies because a Site-wide cleanup will rtot be possible without funds from the Anadarko lawsuit. Uitder the 2011 bankruptcy settlement, 2K, or SSS.S million, of the proceeds from the Anadarko lawsuit are designated (or the investigation and cieanup of the Kerr-McGee—Navassa Site. These funds can only be used to pay for cieanup of the 300-acre Kerr-McGee Site and areas impacted by contamination from the Site. Anadarko funds will be distributed after December 2014.
Restoration of Damage to Natural Resources Contamination from the Kerr-McGee—Navassa Site has damaged vital natural resources. Including fish, wildlife, water and wetlands that benefit the public. The Navassa Trustee Council (the NRT), made up of representatives from the US Department of the Interior ((X3I), the National Oceanic & Atmospheric Administration (NOAA) and the NCOENR. was set up as part of the 2011 bankruptcy settlement. The NRT is charged with restoration of natural resources that were damaged by Site contamination, using initiai funding of approximately $900,000 received In 2011 and the estimated $22 million in proceeds from the Anadarko lawsuit settlement. May 2014
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 39 Appendix L Glossary
Administrative Record File: A file that is maintained and that contains all the information used by the lead agency to make its decision on the selection of a response action under the Comprehensive Environmental Response, Compensation, and Liability Act. This file is to be available for public review and a copy established at or near the Site, usually at one of the information repositories. A duplicate file is held in a central location such as a regional state office.
Agency for Toxic Substances and Disease Registry (ATSDR): Superfund created ATSDR within the federal Public Health Service to work with other government agencies to initiate and implement a variety of health-related responsibilities. ATSDR develops toxicological profiles, prepares Site-specific health assessments, establishes formal registries of persons exposed to hazardous substances, develops and disseminates health education information, establishes and maintains literature inventories on hazardous substances, helps prepare health and safety programs for workers at Superfund Sites and workers responding to emergency releases, and provides health-related support in public health emergencies.
Cleanup: Actions that are taken to deal with a release or threatened release of hazardous substances that could affect public health or the environment. The term is often used broadly to describe various response actions or phases of remedial responses, such as the remedial investigation/feasibility study.
Cleanup Remedy: A prescribed technical approach to reduce the concentrations of contaminants at the Site. The United States Enviromnental Protection Agency selects a cleanup remedy from alternatives identified in the feasibility study after applying a set of balancing criteria and considering public comments.
Community Involvement Plan (CIP): The goals of the CIP are to inform the public of planned and ongoing Site activities; maintain open communication about Site remediation; ensuring concerns are acknowledged and addressed; provide interested parties with useful information; provide citizens with opportunities to comment on and be involved in technical decisions; and encourage and assist local citizens in providing input to agency decisions that will have long-term effects on their community
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): Federal Law, eommonly known as Superfimd, passed in 1980 and modified in 1986 by the Superfimd Amendments and Reauthorization Act to investigate and cleanup abandoned or uncontrolled hazardous waste Sites (CERCLA is commonly known as Superfimd, because the Act created a special tax that goes into a Trust fund). The United States Environmental Protection Agency (EPA) either pays for the Site cleanup when the Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 40 responsible parties cannot be located or are unwilling or unable to perform the remedial actions, or take legal action to force responsible parties to clean up the Site or reimburse EPA for the cost of the cleanup.
Exposure: Contact with a chemical by swallowing, by breathing, or by direct contact (such as through the skin or eyes). Exposure may be short-term (acute) or long-term (chronic).
Feasibility Study (FS): The second part of a two-part study called a remedial investigation/feasibility study. The FS involves identifying and evaluating the most appropriate technical approaches to addressing contamination problems at a Site. Alternatives are evaluated for their effectiveness in protecting human health and the environment.
Groundwater: Water found underground that fills pores between materials such as sand, soil, or gravel. In aquifers, groundwater often occurs in quantities where it can be used for drinking water, irrigation, and other purposes.
Hazardous Substance: Any material that poses a threat to public health and/or the environment. Typical hazardous substances are materials that are toxic, corrosive, ignitable, explosive, or chemically reactive.
Information Repository: The information repository is usually located in a public building that is convenient for local residents, such as a public school, city hall, or library and contains current information, technical reports, reference documents, and other information regarding a Superfimd Site. As the Site proceeds through the remedial process, the file at the information repository is contractually updated.
National Priorities List (NPL): A list generated by the United States Environmental Protection Agency (EPA) depicting the uncontrolled or abandoned hazardous waste Sites that are priorities for long-term remedial investigation and response. The list is based primarily on the score a Site receives on the Hazard Ranking System. A non-federal Site must be on the NPL to receive money from the Trust Fund for Remedial Action. Federal properties listed on the NPL do not receive money from the Trust Fund, but EPA takes a more formal role in the cleanup process. EPA is required to update the NPL at least once a year.
North Carolina Department of Health and Human Services (NC DHHS): The North Carolina Department of Health and Human Services (DHHS) is the agency in state government responsible for ensuring the health, safety and well-being of all North Carolinians, providing human service needs for special populations including individuals who are deaf, blind, developmentally disabled and mentally ill, and helping poor North Carolinians achieve economic independence.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 41 The mission of the Environmental Health Section of the Division of Public Health is to safeguard life, promote human health and protect the enviroiunent through the practice of modem environmental health science, the use of technology, rules, public education and above all, dedication to the public tmst.
North Carolina Department of Environment and Natural Resources (NC DENR):
This organization, which has offices from the mountains to the coast, administers regulatory programs designed to protect air quality, water quality, and the public's health. DENR also offers technical assistance to businesses, farmers, local governments, and the public and encourages responsible behavior with respect to the environment through education programs provided at DENR facilities and through the state's school system. Through its natural resource divisions, DENR works to protect fish, wildlife and wilderness areas. The agency's activities range from helping to make sure drinking water is safe to managing state parks and forests for safe and enjoyable outdoor recreation experiences.
Potentially Responsible Party (PRP): An individual, company or group of companies who may have contributed to the hazardous conditions of a Site. These parties may be held liable for costs of the remedial activities by the United States Environmental Protection Agency through the Comprehensive Environmental Response, Compensation, and Liability Act laws.
Preliminary Assessment: The process of collecting and reviewing available information about a known or suspected hazardous waste Site or release status.
Proposed Plan: A public participation requirement of Comprehensive Environmental Response, Compensation, and Liability Act in which the United States Environmental Protection Agency and/or the potentially responsible party summarizes for the public the preferred cleanup strategy, rationale for the preference, and alternatives presented in detailed analysis of the Remedial Investigation/Feasibility Study. The proposed plan may be prepared as a fact sheet or a separate document. In either case, it must actively solicit public review and comment on all alternatives under consideration.
Public Comment Period: The time in which the public can review and comment on various documents. A 30-day minimum comment period is held to allow the community to review and comment on the document.
Record of Decision (ROD): A ROD provides the justification for the cleanup remedial action (treatment) chosen at a Superfund Site. It also contains Site history. Site description. Site characteristics, community participation, enforcement activities, past and present activities, contaminated
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 42 media, the contaminants present, scope and role of response action and the remedy selected for cleanup.
Remedial Action (RA): The actual construction or implementation phase that follows the remedial design of the selected cleanup alternative at a Comprehensive Environmental Response, Compensation, and Liability Act site.
Remedial Design (RD): An engineering phase that follows the record of decision when technical drawings and specifications are developed for subsequent remedial action at a Comprehensive Environmental Response, Compensation, and Liability Act site.
Remedial Investigation: A study designed to collect the data necessary to determine the nature and extent of contamination at the Site.
Responsiveness Summary: A summary of oral and written comments received by the United States Environmental Protection Agency (EPA) during a public comment period on key site-related documents, with EPA's responses to those comments. The responsiveness summary highlights community concerns to be considered by EPA in making decisions on the Site and is a key part of the record of decision.
Sediments: Mud, sand, gravel and decomposing animals and plants that settle to the bottom of surface water, such as a lake, creek or drainage ditch.
Superfund: The trust fimd established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to pay for cleanup of abandoned hazardous waste Sites if potentially responsible parties cannot be identified. Superfund is the commlon name for CERCLA and is often used as an adjective for hazardous waste Sites and the investigation and cleanup process directed by the United States Environmental Protection Agency.
Superfund Amendments and Reauthorization Act of 1986 (SARA): SARA established standards for cleanup activities and stipulates the conditions for off site disposal of wastes. The amendments also clarified many public participation questions and made federal facilities accountable under the statute.
Technical Assistance Grant (TAG): A grant offered by the United States Environmental Protection Agency to the community in the neighborhood of a cleanup Site. The community may receive this grant to pay for an independent expert on cleanup issues to assist them in making informed comments during the public involvement process.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 43 Trust Fund: A fund setup under the Comprehensive Environmental Response, Compensation, and Liability Act to help pay for cleanup of hazardous waste Sites and to take legal action to force those responsible for the Sites to clean them up.
United States Environmental Protection Agency (EPA): Established in 1970 to bring together parts of various government agencies involved with the control of pollution.
Kerr-McGee Chemical Revised November 2017 Community Involvement Plan Page 44