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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Review of Hotline Complaint
Regarding Residential Soil
Contamination in Cherryvale,
Kansas
March 28, 2013
Report No. 13-P-0207
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Report Contributors:	Chad Kincheloe
Jill Trynosky
Jenny Drzewiecki
Barry Parker
Tina Lovingood
Abbreviations
ATSDR	Agency for Toxic Substances and Disease Registry
EPA	U.S. Environmental Protection Agency
KDHE	Kansas Department of Health and Environment
OIG	Office of Inspector General
OSC	On-Scene Coordinator
QAPP	Quality Assurance Project Plan
Cover photo: Heavy equipment removing contaminated residential soil in Cherryvale, Kansas.
(EPA photo)
Hotline
To report fraud, waste, or abuse, contact us through one of the following methods:
email:	OIG Hotline@epa.gov.	write: EPA Inspector General Hotline
phone:	1-888-546-8740	1200 Pennsylvania Avenue, NW
fax:	202-566-2599	Mailcode 2431T
online:	http://www.epa.gov/oiq/hotline.htm.	Washington, DC 20460

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U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
13-P-0207
March 28, 2013
Why We Did This Review
The U.S. Environmental
Protection Agency (EPA) Office
of Inspector General (OIG)
received a hotline complaint
alleging that residential properties
near the former National Zinc
Company smelter, Cherryvale,
Kansas, were not addressed by
previous cleanup activities. We
sought to determine whether
EPA's actions identified and
addressed all residential
properties contaminated with
heavy metals that presented an
imminent and substantial threat
to the public health.
The National Zinc Company site
was once the location of a lead
and zinc smelter. In March 2001,
a state evaluation determined
that soils at residential properties
adjacent to the site were
contaminated with heavy metals,
including lead. EPA classifies
lead as a probable human
carcinogen and a cumulative
toxicant. Although the effects of
lead exposure are a concern for
all humans, young children are
particularly at risk.
This report addresses the
following EPA Goal or
Cross-Cutting Strategy:
• Cleaning up communities
and advancing sustainable
development.
For further information, contact
our Office of Congressional and
Public Affairs at (202) 566-2391.
The full report is at:
www.epa.qov/oiq/reports/2013/
20130328-13-P-0207.pdf
Review of Hotline Complaint Regarding Residential
Soil Contamination in Cherryvale, Kansas
What We Found
EPA Region 7 screened residential properties for soil contamination during its
2001-2002 removal activities near the former National Zinc Company smelter, but
could not provide us with complete documentation for all properties. We found over
35 residential properties with lead contamination that, according to samples taken
during the 2001-2002 removal action, exceeded the action level. However, it was
unclear which of these properties were excavated because some EPA records
were missing or incomplete. Over a 6-month period, we made over 10 separate
inquiries for the missing information. After receiving our draft report, Region 7
provided some of the missing information. Despite the new information, there are
still inconsistencies and gaps in the site records. For example, in contrast to
positions stated earlier in our review, Region 7 now says that some properties with
contamination at or above the action level were not excavated based on
discussions with property owners and the State of Kansas. Without complete
documentation, neither EPA nor the OIG can confirm EPA's assertion that all lead
contamination presenting an imminent and substantial endangerment to public
health at this site was fully identified and addressed. As a result, we cannot confirm
or dismiss the allegations raised in the complaint.
Recommendations and Planned Agency Corrective Actions
We recommend that Region 7 review all site records and documents to determine
whether there is an imminent and substantial endangerment to public health at the
National Zinc Company site. To support this determination, Region 7 should revise
or prepare an addendum to the Removal Action Summary Report that contains an
accurate and complete account of EPA activities at the site as well as fully
document and timely communicate any actions taken to the public. We further
recommend that, as needed, Region 7 work with the State of Kansas to ensure
appropriate action is taken to respond to any imminent and substantial
endangerment to public health at the site. In addition, we recommend that Region 7
document the costs to develop and implement the work necessary to address our
recommendations.
Region 7 disagreed with recommendation 1. It believes that it has addressed all
imminent and substantial endangerment at residential properties that met removal
action criteria. Because the region was unable to provide us with the information
necessary to confirm its assertion, this recommendation is unresolved. After we
provided additional clarification, Region 7 agreed with recommendation 2. It also
agreed with recommendation 3. However, the region did not include planned
completion dates along with its planned corrective actions for these
recommendations. Therefore, all three recommendations are unresolved. Region 7
will have an additional opportunity to provide information in response to this report.
The OIG and Region 7 should begin the resolution process immediately.

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
THE INSPECTOR GENERAL
March 28, 2013
MEMORANDUM
SUBJECT: Review of Hotline Complaint Regarding Residential Soil Contamination in
Cherryvale, Kansas
Report No. 13-P-0207
This is our report on the subject evaluation conducted by the Office of Inspector General (OIG)
of the U.S. Environmental Protection Agency (EPA). This report contains findings that describe
the problems the OIG has identified and corrective actions the OIG recommends. This report
represents the opinion of the OIG and does not necessarily represent the EPA position. This
report contains the intended corrective actions for two recommendations. These
recommendations are considered unresolved, pending receipt of estimated completion dates.
In addition, the report contains one recommendation that Region 7 and OIG are in disagreement
with. This recommendation is also considered unresolved.
Action Required
In accordance with EPA Manual 2750, resolution should begin immediately upon issuance of the
report. We are requesting a meeting between the Regional Administrator for Region 7 and the
Assistant Inspector General for Program Evaluation to start the resolution process and attempt to
obtain resolution. If resolution is still not reached within 30 days, the Regional Administrator for
Region 7 is required to complete and submit the dispute resolution request to the Chief Financial
Officer to continue the resolution process. We have no objections to the further release of this
report to the public.
FROM
Arthur A. Elkins Jr.
TO
Karl Brooks, Regional Administrator
Region 7
If you or your staff has any questions regarding this report, please contact Carolyn Copper at
(202) 566-0829 or copper.carolvn@epa.gov. or Tina Lovingood at (202) 566-2906 or
lovingood.tina@epa.gov.

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Review of Hotline Complaint Regarding
Residential Soil Contamination in Cherryvale, Kansas
13-P-0207
Table of C
Chapters
1	Introduction		1
Purpose		1
Background		1
Scope and Methodology		3
2	Imminent and Substantial Endangerment May Not Be
Fully Identified or Addressed		5
EPA Unable to Provide Information Needed to Confirm
Risk Reduction		5
EPA Cannot Provide Assurance Its Sampling Followed
Proper Procedures		8
Conclusion		9
Recommendations		9
Agency Response and OIG Evaluation		10
Status of Recommendations and Potential Monetary Benefits		12
Appendices
A EPA Region 7 Comments to Draft Report and OIG Evaluation	 13
B Distribution	 17

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Chapter 1
Introduction
Purpose
The U.S. Environmental Protection Agency (EPA) Office of Inspector General
(OIG) received a hotline complaint about the National Zinc Company site in
Cherryvale, Kansas. Based on our review of the complaint, we focused on EPA's
2002 Time-Critical Removal Action (performed from November 2001 to May
2002). We addressed the following question:
Did EPA's 2002 Removal Action and oversight activities at the
National Zinc Company site in Cherryvale, Kansas, fully identify
and address site-related and unsafe heavy metal contamination?
Background
The National Zinc Company site in Cherryvale was once the location of a lead
and zinc smelter. The smelter was operational from 1898 to 1976. In the late
1970s, the owners performed some cleanup work to remove contamination. A
restrictive covenant was established in 1983 and governs the site with land use
restrictions.
Beginning in 1999, several investigations of the National Zinc Company site were
performed by the Kansas Department of Health and Environment (KDHE) to
determine the extent of the contamination. It was discovered that approximately
360 acres surrounding the former smelter plant were contaminated above the risk-
based standards. The contamination consisted of heavy metals, particularly lead,
cadmium, arsenic, and zinc. Based on a 2001 KDHE evaluation, EPA identified
lead as the greatest concern for human health. At the residential properties
adjacent to the smelter, EPA determined there was a potential for ingestion
exposure to lead in the top layers of the soil.
According to EPA, lead is a naturally-occurring element that can be harmful to
humans when ingested or inhaled, particularly children under the age of six. Lead
poisoning can cause a number of adverse human health effects, but is particularly
detrimental to the neurological development of children. EPA classifies lead as a
probable human carcinogen and a cumulative toxicant. According to the Agency
for Toxic Substances and Disease Registry (ATSDR), the effects of lead are the
same whether it enters the body through breathing or swallowing. Lead can affect
almost every organ and system in the body. A 2007 ATSDR lead fact sheet states
that exposure to high lead levels can severely damage the brain and kidneys in
adults or children and ultimately cause death.
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In March 2001, KDHE began identifying residential properties1 adjacent to the
former National Zinc Company smelter with lead contamination at or above what
is considered protective of human health and the environment.2 In August 2001,
KDHE requested EPA's assistance in addressing imminent and substantial threats
to public health at the site.3 The EPA On-Scene Coordinator (OSC) for the site
issued an Action Memorandum (Action Memo).
The Action Memo requested approval and funding from EPA for a Time-Critical
Removal Action4 at the site. It stated that the actual release of a hazardous
substance at this site, if not addressed by implementing the response actions,
presented an imminent and substantial endangerment to the health of the public
that came into contact with the site and to public welfare and the environment.
The Action Memo also included a recommendation that immediate response
actions be taken to reduce potential exposure. It stated the primary objectives of
EPA's actions at the site were to eliminate or reduce potential ingestion exposure
due to the presence of lead in the soils.
EPA Time-Critical Removal Activities
EPA's Time-Critical Removal Activities took place from November 2001 to
May 2002. According to the Action Memo, EPA's removal activities were to
address imminent and substantial endangerment to public health at residential
properties where the soil contained lead concentrations equal to or greater than
400 mg/kg. For all properties where EPA intended to conduct sampling, Region 7
staff stated that they notified residents and land owners by letter and in door-to-
door visits.
In accordance with EPA requirements, removal activities at the site were to
follow a Quality Assurance Project Plan (QAPP). The QAPP documented the
planning, implementation, and assessment procedures. Specific quality assurance
and quality control activities were also included. EPA's QAPP for this removal
included the following details:
•	Sample collection will be in the upper 1 inch of soil and will be screened
for lead.
•	Samples will be collected 50 feet from each side of the home.
•	Samplings will also include play areas and gardens, sand piles, unpaved
driveways, and other areas appearing to have been used by children.
1	In site documents, EPA and KDHE refer to residential properties as residential yards.
2	The KDHE residential Risk-Based Standard for Kansas level for lead contamination is 400 mg/kg. The Risk-Based
Standards for Kansas provide guidance on the process for establishing chemical-specific and site-specific cleanup
goals for soil, groundwater, and indoor air that are protective of human health and the environment.
3	In this report, the term "site" includes the residential properties adjacent to the former National Zinc Company
smelter buildings.
4	Time-critical removals are initiated when the lead agency determines on the basis of a site evaluation that an action
is appropriate and must be initiated within 6 months.
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•	Results of sampling and analysis will be used to direct excavation
activities for the removal of lead-contaminated soil above the Risk-Based
Standard for Kansas level of 400 mg/kg.
•	Excavation of lead-contaminated areas will be conducted up to a
maximum depth of 12 inches below ground surface, except in high-use
areas or areas frequented by children, where excavation will be conducted
up to a maximum depth of 24 inches.
Once the removal began, EPA and KDHE conducted additional removal
assessments at residential properties. As a result, the removal was expanded from
the originally identified residences. A 35-acre residential area known as the
"Rodeo Grounds" was also included. EPA reported that approximately 76,000
cubic yards of soil were removed from residential properties.5
Potentially Responsible Parties Have Been Identified
In April 2003, KDHE entered into a consent order with Citigroup Global Market
Holdings, Inc.6, and United States Steel Corporation, which were both identified
as potentially responsible parties. The consent order includes investigative,
mitigation, and corrective measures at the site that are still being performed to
date. Residential properties adjacent to the site were excavated by the potentially
responsible parties in May and June 2012. In recent letters to property owners,
KDHE stated that it "will continue to work with the [potentially responsible
parties] for the National Zinc Site to conduct additional activities to address the
actual and potential environmental issues associated at properties where waste is
observed."
In March 2009, EPA entered into a consent decree with the two potentially
responsible parties. The consent decree required the two potentially responsible
parties to pay a total of $1 million, plus accrued interest, for EPA's site-related
response costs at the National Zinc site.
Scope and Methodology
We performed our review from August 2012 to January 2013 in accordance with
generally accepted government auditing standards. Those standards require that
we plan and perform our review to obtain sufficient, appropriate evidence to
provide a reasonable basis for any findings and conclusions based on our
objectives. We believe the evidence obtained provides a reasonable basis for the
observations presented in this report.
5	As described in chapter 2 and the Scope and Methodology, the total number of residential properties where
excavation took place cannot be confirmed.
6	When the 2003 consent order was signed, Citigroup Global Market Holdings, Inc., was known as Salomon Smith
Barney Holdings, Inc.
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We reviewed OIG hotline complaint information. We reviewed laws, regulations,
policies, procedures, and guidance relevant to the EPA Time-Critical Removal
Action. We interviewed EPA Region 7 staff and managers as well as a KDHE
section manager previously involved with the EPA removal action. We reviewed
Region 7 site records and files documenting EPA's actions during the removal.
We also interviewed EPA officials and staff in the Office of Emergency
Management, which is part of the Office of Solid Waste and Emergency
Response, regarding the removal process for lead contaminated soil. In September
2012, we visited the site to gain an understanding of the location, characteristics,
and present conditions. The primary focus of our review was the residential
properties associated with the site. We did not conduct an in-depth review of the
site documents for removal activities at the Rodeo Grounds.
We encountered limitations in the site documents we reviewed. We cannot
provide a total number of properties EPA sampled or excavated. The total number
of residential properties EPA sampled is not provided in any site document.
Counting property addresses that appear in site documents resulted in a total of
67 properties sampled, but we could not confirm that number. Region 7 staff told
us and stated in reports (Pollution Reports and the Removal Action Summary
Report) that lead-contaminated soil was removed from 35 residential properties.
Region 7 also stated this in a letter to a member of Congress. However, for the
following reasons, neither count (35 properties excavated and 67 properties
sampled) can be confirmed because:
•	EPA Pollution Reports do not include:
o Addresses of the properties for verification.
o A total number of properties sampled.
•	EPA's 2002 Removal Action Summary Report does not include:
o A conclusive list of properties where sampling occurred and where
contaminated soil was removed.
o Hand-written field notes with supporting documentation for all
properties.
o Information on all properties that tested at or above the action level
during the Removal Site Evaluations.7
7 Removal Site Evaluations for the Cherryvale Residential Yards Site from March 2001 evaluated and identified
11 residential properties with lead-contaminated soil at or above the risk-based action level. Removal Site
Evaluations for the Cherryvale Residential Yards Site from March 2002 identified an additional 23 residential
properties with lead-contaminated soil at or above the risk-based action level. The report states that a total of
37 additional properties were evaluated.
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Chapter 2
Imminent and Substantial Endangerment
May Not Be Fully Identified or Addressed
EPA Region 7 screened residential properties for soil contamination during its
2001-2002 removal activities, but could not locate or provide us with complete
documentation identifying the specific locations of properties excavated or
sampled. EPA site documents contain details about pre-excavation and post-
excavation sampling results. However, these documents are incomplete. Region 7
also could not provide all field notes containing sampling information. Moreover,
there are gaps in existing documentation related to properties with contamination
at or above the risk level for lead. As a result, neither EPA nor the OIG can
confirm that all contaminated properties at this site were properly identified and
that imminent and substantial endangerment to the health of the public from lead
contamination in residential soil was fully addressed.
EPA Unable to Provide Information Needed to Confirm Risk Reduction
Region 7 could not provide supporting documentation to demonstrate that all
sampling and removal actions were properly completed for all properties. When
we started our work in August 2012, Region 7 staff sent a request to the EPA
records center to locate and pull the logbooks, original field sheets, and photos for
this removal action. After several inquiries on when the information would be
available, we asked Region 7 to provide us, by October 31, 2012, the supporting
documentation to answer our questions about the number of properties excavated
and the missing documentation. We also requested the final pollution report,
which was not included in the site file. Region 7 was able to provide us with the
final pollution report but did not provide the other information requested by our
deadline.
After our deadline passed, we told Region 7 that if the documentation necessary
to respond to our questions turned up before we finished our assignment we
would review it. Region 7 had at least four additional opportunities to provide the
documentation, including during a meeting with senior regional staff before we
planned to issue our final report. Over 6 months, we made over 10 inquiries about
the information. We were told by Region 7 staff that they could not locate the
information we requested. EPA Region 7 staff said that the delays in the region's
search for information occurred because of the length of time that had passed
since the removal activities; the physical move of the regional records center from
Kansas City, Kansas, to Lenexa, Kansas; and other competing regional priorities.
In response to a June 2012 congressional inquiry, the Region 7 Administrator
stated that EPA excavated contaminated soil from 35 residences and backfilled
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and reseeded these lots. However, we asked Region 7 for additional information
to confirm this number in September 2012. Region 7 could not produce a
document that clearly showed the addresses of the 35 residential properties that it
said were excavated.
In Removal Site Evaluations8 conducted in 2001 and 2002, several properties
were identified with lead contamination. Test results for samples taken from the
surface soil on these properties were over the action level of 400 mg/kg and met
EPA's criteria for a removal.9 Of these properties, nine had no documentation as
to what action, if any, took place after the lead contamination was identified.
Documentation was also unavailable for an additional property. Soil samples
taken at that property showed lead contamination over the action level, but it was
not identified as contaminated in EPA's report. We asked Region 7 at least 10
times over a 6-month time period for information or documentation to clarify the
actions taken during the 2001-2002 Time-Critical Removal. We were told that the
region was trying to locate documentation. Without that documentation, EPA
Region 7 staff said they could not confirm what actions took place to address the
lead contamination on these properties. According to the EPA OSC for the site,
all lead contamination at or above the action level of 400 mg/kg in the surface
layer of the soil was excavated.
Using the EPA Removal Action Summary Report,10 we compiled a list of the
properties likely to have been excavated. The list was not conclusive and did not
contain all properties listed in Removal Site Evaluations as exceeding the action
level for lead contamination. We found that some of the properties initially
identified as at or above the action level for lead contamination during EPA's
Removal Site Evaluations were not noted as excavated in the Removal Action
Summary Report. Given this discrepancy, we requested confirmation from
Region 7 on the accuracy and completeness of our list as well as EPA's Removal
Action Summary Report.
Region 7 stated that it needed all logbooks and original field sheets from the site
to answer our questions, confirm the number of properties excavated, and provide
property addresses. Many pages of field notes were already electronically scanned
into the Removal Action Summary Report. However, not all of the properties
listed had corresponding field notes. EPA Region 7 staff stated the field notes for
these properties would be in the logbooks for the site. Region 7 informed OIG in
December 2012 and again a few weeks prior to our planned issuance date that it
had located the information it needed.
8	Removal site assessment activities focus on demonstrating whether the conditions at the site meet the National
Contingency Plan criteria for a removal action. The removal assessment is designed to show if, and how, the site
poses a threat to human health or the environment. For this site, the assessments were performed by the KDHE
Bureau of Environmental Remediation as part of a cooperative agreement with EPA.
9	According to EPA's Action Memo for the site, residential property where the soil contains lead concentrations
equal to or greater than 400 mg/kg will be included in the removal action.
10	The Removal Action Summary Report documents the removal activities that were performed by EPA and its
contractors at the site. The report also describes the procedures used to complete removal activities.
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In March 2013, subsequent to the draft report, OIG received a package from
Region 7 containing 10 logbooks with EPA staff and contractor's hand-written
notes. Region 7 also provided new information about the removal action as well as
responses to OIG questions sent in October 2012 and February 2013. The new
information included a list of 35 properties Region 7 said were excavated and a list
of 31 properties sampled but not excavated. Region 7 pointed out that a drainage
ditch was excavated during the removal action. According to the Removal Action
Summary Report, the ditch was excavated 3 to 6 inches.
OIG reviewed all of the logbook references and new information provided.
However, we still could not confirm that EPA identified and removed all
contamination presenting an imminent and substantial endangerment to the public
at this site during its removal action. While Region 7's logbook references and new
information provided additional details on the status of 14 properties, we were
unable to verify the actions taken at 11 of the 14 properties. Furthermore, there
were inconsistencies in the new information provided. The excavated properties, as
well as other sampled but not excavated properties were not fully supported by
documentation in the site records. For example, 2 properties listed as excavated did
not have post-excavation data. Region 7 also said that it included the excavation of
one property with another property and listed both properties as a single property
on its list of excavated properties. We reviewed the justification provided for these
properties and could not reconcile it with site records. In addition, 5 properties on
Region 7's list of properties sampled but not excavated do not appear in the
Removal Action Summary Report or Removal Site Evaluations.
In contrast to Region 7 positions stated early in our review, in a document sent
February 28, 2013, the region said that all properties with contamination at or
above the action level were not excavated. According to Region 7, there were five
residential properties where the OSC discussed sample results with the property
owner and KDHE and determined no soil would be excavated. For these
properties, a total of five to six samples were collected and, depending on the
property, results for as many as three of the samples collected at each property
showed lead contamination at or above the action level. Region 7 referred the
OIG to logbook entries on certain dates for discussions with KDHE and the
property owner regarding no further action at the location in question.
Using Region 7's logbook references, we could not confirm the activities at these
properties. The logbook references for these properties are limited and include
only a sentence or two about a discussion with an individual at the property
address and a sentence or two on discussions with KDHE. Discussions with
KDHE only provide street names rather than specific property addresses. In the
site files and logbook references Region 7 provided, we did not find signed
documentation or conclusive evidence to verify the property owner agreement to
take no further action where contamination was found at or above the action level
in some but not all samples. In addition, the Removal Action Summary Report,
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Removal Site Evaluations, and pollution reports for the site contain no mention of
these discussions with property owners or KDHE.
Region 7 also explained that some discrepancies between the Removal Action
Summary Report and Removal Site Evaluations for six properties with
contamination at or above the action level could be resolved by address
clarifications or property boundary adjustments. We reviewed the logbook
references, site records and Region 7's explanations for these six properties. We
were unable to verify the excavation status for five of the six properties.
EPA Cannot Provide Assurance Its Sampling Followed
Proper Procedures
We reviewed EPA's sampling documentation for the 2001-2002 Time-Critical
Removal Action and found EPA's records were incomplete. Field notes necessary
to verify that samples were properly collected were not available for all
properties. Site records were not maintained in accordance with EPA policies and
requirements for a removal action. EPA requirements included creating and
following a site-specific QAPP. The QAPP for this site called for maintaining a
field logbook to record all pertinent activities associated with sampling events.
Information pertaining to all samples (i.e., sampling dates/times, locations, etc.)
collected during this removal action was to be recorded on sample field sheets. An
EPA record keeping policy11 requires the sampling and analysis data to be
retained permanently.
In our initial review, we found that nine residential properties lacked required
field sheet documentation in the Removal Action Summary Report. We asked
Region 7 at least 10 times over a 6-month period for the documents. The region
was unable to provide documentation for all nine properties. In the new
information and references Region 7 provided, it did not specifically identify
where to find supporting documentation that was not present in the Removal
Action Summary Report. Based on the new information and references that were
provided, we were able to confirm supporting documentation for one of the nine
properties. However, with the new information, we found seven additional
properties without supporting documentation. Without complete documentation
for these 15 properties, we cannot confirm that sample procedures were followed
and that all properties with occurrences of lead contamination at or above the risk-
based action level of 400 mg/kg were identified.
We also reviewed the process used by EPA to determine the sampling boundaries
for the removal action at this site. We found a residential property that may not
have been sampled. The OSC has discretion in determining how the site will be
evaluated. However, the QAPP states that if the results of the screening
characterization indicate that surface soil contamination exists (i.e., lead
11 EPA Records Schedule 013.
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concentrations greater than 400 mg/kg) beyond the specified limits of the site
area, further sampling would be conducted using the same sampling design. The
QAPP further states the OSC shall record deviations in the site logbook as
necessary. The property we identified was located adjacent to another
contaminated property. Subsequent to the issuance of the draft report, Region 7
stated that this property was not excavated. It said KDHE collected a sample
during the Removal Site Evaluation. The corresponding site sketch for this
property provided three sample locations. One of the three sample results was
over the action level of 400 mg/kg. No logbook references or other explanations
were provided by Region 7 on why no action was taken at this property to address
the contamination identified.
Conclusion
EPA stated in its records for the National Zinc Company site that the actual
release of a hazardous substance (lead), if not addressed, presented an imminent
and substantial endangerment to the health of the public that came into contact
with the site and to public welfare and the environment. Without necessary and
required documentation, which despite repeated requests to Region 7 could not be
produced, neither we nor EPA can confirm that EPA identified and removed all
contamination presenting an imminent and substantial endangerment to the public
at this site during its removal action. As a result, we cannot confirm or dismiss the
allegations of the hotline complaint. Lead poisoning can cause a number of
adverse human health effects, and is particularly detrimental to the neurological
development of children. Without additional documentation to demonstrate that
risks to human health have been addressed, EPA will need to take further actions.
EPA and other parties will likely incur additional costs to provide assurance that
imminent and substantial endangerment to public health has been addressed at the
National Zinc Company site. When risks rise to the level of imminent and
substantial endangerment to public health, welfare, and the environment, EPA's
ability to quickly and clearly produce the records to show that those risks were
addressed should be uncomplicated, regardless of the age of the records.
Recommendations
We recommend that the Regional Administrator, Region 7:
1. Review all site records, including logbooks, to determine whether all
imminent and substantial endangerment to public health at the National
Zinc Company site was identified and addressed. To support the region's
determination:
a. Revise or prepare an addendum to the Removal Action Summary
Report. Provide any logbook pages, field sheets, site sketches,
corrections, and any other missing documentation needed to
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provide a complete and accurate account of all properties
identified, addressed and excavated during the removal action.
b. Fully document and timely communicate any actions taken in
response to issues identified in this report to the public.
2.	As needed, work with KDHE to ensure appropriate action is taken to
respond to any imminent and substantial endangerment to public health at
the National Zinc Company site.
3.	Document the costs to develop and implement the actions in
recommendations 1 and 2.
Agency Response and OIG Evaluation
In response to our draft report, Region 7 stated that it addressed all imminent and
substantial endangerment at residential properties that met the removal action
criteria, as identified in EPA's Action Memo during the 2001-2002 Time-Critical
Removal Action. It stated that under an existing consent order the State of Kansas
has with the responsible parties, there is already a mechanism in place to address
any future imminent and substantial endangerment at the site. The region agreed it
was unable to meet our October 2012 deadline for providing additional
documentation and resolving questions at the site. It said that because it was in the
process of a major move to a new facility it did not have access to the documents
needed to meet the OIG deadline.
In March 2013, we received 10 logbooks from Region 7. Region 7 acknowledged
that copies of the logbooks provided to the OIG should have been included as
appendices to the EPA Removal Action Summary Report. We reviewed the new
information from Region 7 and checked the logbook references provided. We
made changes to the final report where appropriate. Additional documentation is
still needed to provide assurance and evidence of the scope of EPA's 2001-2002
removal actions. Based on the amount of documentation missing over the course
of this evaluation and the inconsistencies we have identified between the Removal
Action Summary Report, pollution reports, logbooks, and Removal Site
Evaluations, we cannot determine whether there may be even more corrections
needed to the site record. As a result, we clarified our first recommendation.
Region 7 stated that it was still in disagreement with the recommendation, as
clarified.
In its response to the second recommendation in our draft report, Region 7 said
that it would rely on the existence of a consent order between the State of Kansas
and the responsible parties to address imminent and substantial endangerment to
public health at the National Zinc Company site. However, the existing consent
order would not preclude Region 7 from taking action at the site, if needed.
Moreover, Kansas would need additional information from Region 7 to determine
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whether action is needed to prevent imminent and substantial endangerment on
properties initially listed as sampled and/or addressed through EPA's 2001-2002
removal actions. Action needed could include the re-sampling of properties where
documents in the site record do not fully confirm Region 7's removal activities
and/or the excavation of properties with contamination at or above the action
level. We clarified this recommendation to ask Region 7 to work with Kansas to
ensure any appropriate action needed is taken. Region 7 stated that it was in
agreement with the recommendation, as clarified, but did not provide a timeline
for its corrective actions. The corrective actions would depend on the outcome of
the region's response to recommendation 1.
Before our final report was issued, Region 7 changed its position on
recommendation 3. The region said that it is in agreement with this
recommendation. However, it did not provide a timeline for its corrective actions
planned in response to the recommendation.
Region 7 noted that as a result of the information we found missing from EPA's
electronic and hard copy files for the site, it is taking steps to make sure that
future pollution reports contain addresses of properties excavated as well as a
clear description of all work that was done at the site. The region will also check
that files for future sites contain scanned versions of documents necessary to
support the work performed.
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Status of Recommendations and
Potential Monetary Benefits
RECOMMENDATIONS
POTENTIAL MONETARY
BENEFITS (In $000s)
Rec.
No.
Page
No.
10
10
Subject
Status1
Action Official
Planned
Completion
Date
Claimed
Amount
Ag reed-To
Amount
Review all site records, including logbooks, to
determine whether all imminent and substantial
endangerment to public health at the National Zinc
Company site was identified and addressed. To
support the region's determination:
a.	Revise or prepare an addendum to the
Removal Action Summary Report. Provide
any logbook pages, field sheets, site
sketches, corrections, and any other
missing documentation needed to provide a
complete and accurate account of all
properties identified, addressed and
excavated during the removal action.
b.	Fully document and timely communicate
any actions taken in response to issues
identified in this report to the public.
As needed, work with KDHE to ensure appropriate
action is taken to respond to any imminent and
substantial endangerment to public health at the
National Zinc Company site.
Document the costs to develop and implement the
actions in recommendations 1 and 2.
Regional Administrator,
Region 7
Regional Administrator,
Region 7
Regional Administrator,
Region 7
1 0 = recommendation is open with agreed-to corrective actions pending
C = recommendation is closed with all agreed-to actions completed
U = recommendation is unresolved with resolution efforts in progress
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Appendix A
EPA Region 7 Comments to Draft Report
and OIG Evaluation
February 6, 2013
MEMORANDUM
SUBJECT:
Response to Office of Inspector General Draft Project No. OPE-FY12-0021
"Review of Hotline Complaint Regarding Residential Soil Contamination in
Cherryvale, Kansas," dated January 22, 2013
FROM:
Karl Brooks
Regional Administrator
TO:
Carolyn Copper
Assistant Inspector General for Program Evaluation
Thank you for the opportunity to review the subject report. Following is a summary of Region 7's overall
position, Region 7's position on each report recommendations, and an attachment of factual inaccuracies
and technical comments.
Region 7's Overall Position
Region 7 addressed all imminent and substantial endangerment at residential properties that met the
removal action criteria, as identified in EPA's Action Memo during its 2001-2002 time critical removal
action.
OIG Response 1: The OIG disagrees with Region 7's unsupported assertion that all imminent and
substantial endangerment at residential properties was addressed. The files needed to confirm all
properties that should have been subject to the removal are not included in the electronic and hard copy
files for the site. Region 7 told us in December 2012 and again in February 2013 that it had located the
documents that would allow the region to respond to our questions and provide information on the
removal action. On February 28, 2013, Region 7 provided a list of excavated residential sites and a list of
sampled sites not excavated. It also provided references to additional information. On March 5, 2013, the
OIG received 10 logbooks from Region 7 with hand-written site notes. While this information provides
additional details on EPA actions at the site, it did not completely address the issues identified in our draft
report and is not sufficient to confirm the removal activities identified and addressed all contamination at
or above the action level. We cannot dismiss the possibility that contamination existing at the site during
the 2001-2002 Time-Critical Removal Action may not have been fully identified and/or addressed.
Under an existing consent order the State of Kansas has with the responsible parties, there is already a
mechanism in place to address any future imminent and or substantial endangerment at the site.
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OIG Response 2: We clarified this recommendation to acknowledge that EPA will need to work with the State
of Kansas to ensure that any needed action is taken. We could not find any provisions in the existing consent
order that would prohibit EPA from taking action to address contamination at the site if necessary. Moreover,
KDHE is operating under the premise that EPA's 2001-2002 removal action was properly completed. At this
time, the documents Region 7 has provided to us for review are neither an accurate nor a complete account of
the removal action activities. Therefore, KDHE would not have the information necessary to determine what
additional actions to protect public health, if any, would be required at properties included in EPA's 2001-2002
removal action. Region 7 agreed with the recommendation, as clarified.
Region 7 provided OIG with documentation to support the excavation of residential properties in
Cherryvale, Kansas. OIG compiled a list 35 excavated properties. Region 7 agrees it was unable to meet
OIG's October 31, 2012, deadline for providing additional supporting documentation to resolve questions
related to 9 additional residential addresses. Region 7 was in the process of a major move to a new facility
in Lenexa, Kansas, and did not have access to the documents to meet the OIG's established deadline.
OIG Response 3: OIG was able to compile a list of properties likely to have been excavated from the Removal
Action Summary Report. However, we acknowledged that our list did not include all properties that tested
above the action level during the Removal Site Evaluations. We asked Region 7 to confirm that this list was
correct. We also asked for an explanation of what actions, if any, were taken at the properties identified with
contamination above the action level in the Removal Site Evaluations. These properties met the criteria for
EPA's removal action and, if unaddressed, present an imminent and substantial endangerment to public health.
Despite the regional office move, there were at least 10 opportunities over a 6-month period for Region 7 staff
to locate the requested documentation. We have an email from regional staff which shows that the original
request for the documents from the OSC to the records center was made in August 2012. After the region did
not meet our October 31, 2012, deadline for providing the information, we informed regional staff that we
would review the information if it turned up before the end of our assignment. In December 2012, we received
an email from the audit liaison stating that Region 7 has begun "sifting" through the documents but it would
take some time.
During our exit conference on February 13, 2013, regional staff clarified that messages sent to us in September
regarding the accessibility of the documents were incorrect. The regional staff further clarified that the boxes
containing the logbooks were found on December 18, 2012. On February 28, the region added to its
clarifications that an additional 127 boxes of documents that cover the National Zinc Site were located on
November 7. The region indicated it started its review of the documents on January 8, 2013.
On February 28, 2013, Region 7 sent OIG additional information on the removal action in an email. On March
5, 2013, OIG received photocopies of 10 hand-written logbooks from Region 7. The information contained a
list of properties excavated and sampled. The region explained that some properties with one or more samples
testing at or above the action level were not excavated. In these cases, the region provided hand-written notes
that it said documented that property owners agreed to no action.
OIG reviewed the new information and supporting references provided by Region 7. While the region has
provided additional details about the removal action, the additional information provided did not completely
address the issues identified in our draft report. There are still inconsistencies and gaps in the site record and
supporting documents provided by the region, particularly in the Removal Action Summary Report. As a result,
we cannot confirm the removal action properly identified and addressed all contamination at or above the action
level at the site. The region had several opportunities to provide this information in response to our January 22,
2013, draft report and will have another opportunity to provide the information in its response to this final
report.	
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Region 7's Response to Report Recommendations
Disagreements
No.
Recommendation
Agency Explanation/Response
Proposed
Alternative
1.
Develop and implement a plan
to determine whether there is an
imminent and substantial
endangerment to the public
health at the National Zinc
Company site and fully
document and timely
communicate this plan to the
public.
Region 7 disagrees with this
recommendation as a plan is already in
place.
Region 7 addressed all imminent and
substantial endangerment at residential
properties that met the removal action
criteria, as identified in EPA's Action
Memo during its 2001-2002 time critical
removal action.
The Kansas Department of Health and
Environment addressed contamination at
the smelter property pursuant to an April
2003 consent order with two responsible
parties.
Under this existing consent order, the
Kansas Department of Health and
Environment works with the responsible
parties to address any future imminent and
substantial endangerment to public health
that may be identified.
Not needed.
2.
As needed, take appropriate
action to respond to imminent
and substantial endangerment to
public health at the National
Zinc Company site.
No Region 7 action is needed.
Pursuant to an existing consent order, the
Kansas Department of Health and
Environment works with the responsible
parties to address any imminent and
substantial endangerment to public health
that may be identified.
Not needed.
3.
Document the costs to develop
and implement the actions in
recommendations 1 and 2.
No action is needed.
Any future response actions will be
addressed under the Kansas Department
of Health and Environment consent order
by the responsible parties.
Not needed.
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OIG Response 4: OIG disagrees with Region 7's proposed actions in response to the recommendations.
Neither OIG nor the region has, at this time, the information necessary to confirm whether all imminent
and substantial endangerment to public health at the site was properly identified and addressed. Based on
the amount of documentation missing over the course of this evaluation and the inconsistencies we have
identified between the Removal Action Summary Report, pollution reports, logbooks, and Removal Site
Evaluations, we cannot determine whether there may be even more corrections needed to the site record.
There is an existing consent order between the State of Kansas and the potentially responsible parties at
this site, but EPA should continue to be involved and ensure that any actions necessary to address
imminent and substantial endangerment to public health at this site are taken.
As a result of Region 7's response and new information received in March 2013, we clarified
recommendations 1 and 2 and held a second exit conference with Region 7 on March 22, 2013. In
response to the revised recommendations, Region 7 disagreed with the clarification to recommendation 1.
It said that it has retrieved and reviewed the site records, including log books, field sheets, and site
sketches. Region 7 maintains that it addressed all imminent and substantial endangerment at residential
properties that met the removal action criteria, as identified in EPA's Action Memo during its 2001-2002
removal action. However, Region 7 said that it would reformat the information to substantiate its position
for inclusion in the site file.
Region 7 agreed with the clarification to recommendation 2. It said that the revised recommendation 2 is
its standard practice and that, in accordance with the National Contingency Plan, Region 7 will continue
to coordinate with state counterparts. Region 7 also said that it now agrees with recommendation 3.
However, it did not provide an estimated completion date for these recommendations. Therefore,
recommendations 1, 2, and 3 are unresolved with resolution efforts in progress.	
Contact Information
If you have any questions regarding this response, please contact Kathy Finazzo, Region 7 Audit Follow-
up Coordinator, 913-551-7833.
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Appendix B
Distribution
Office of the Administrator
Regional Administrator, Region 7
Agency Follow-Up Official (the CFO)
Agency Follow-Up Coordinator
General Counsel
Assistant Administrator, Office of Solid Waste and Emergency Response
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for External Affairs and Environmental Education
Audit Follow-Up Coordinator, Office of Solid Waste and Emergency Response
Audit Follow-Up Coordinator, Region 7
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