Whirlpool submits ‘final’ pollution remedy

Environmental consultants hired by Whirlpool submitted a final remedy work plan to the Arkansas Department of Environmental Quality yesterday (July 16) to address pollution of trichloroethylene (TCE) in the area north of its former Fort Smith factory.

In the plan, Whirlpool still pushes for "institutional controls" in order to address the risk posed from the cancer-causing chemical that was used as a degreasing agent by the company during the 1980s.

"These institutional controls will be used as an enforceable mechanism to control potential current exposure to on-site soil and groundwater and potential hypothetical future exposure to off-site groundwater. These institutional controls will be maintained until concentrations of COC meet the remedy objectives for a period of at least four consecutive quarters," the plan read.

An institutional control previously proposed by the company was a ban on the drilling of groundwater wells in the area of the TCE plume north of Ingersoll Avenue. The Fort Smith Board of Directors voted down the proposed ban, though Whirlpool still pushes for what is assumed to be some sort of a ban in this latest report.

"Whirlpool will record restrictive covenants on the site that will require future owners of the property to adhere to the recorded restrictions. In order to meet obligations associated with the off-site restrictions, Whirlpool will pursue off-site institutional controls after the acceptance of the final remedy by ADEQ in cooperation with residents and the City of Fort Smith."

In a memo to Fort Smith City Administrator Ray Gosack dated June 18, Whirlpool's Corporate Vice President of Communications and Public Affairs Jeff Noel said such a ban was still under consideration, even though it was voted down by the Board on March 27.

"Whirlpool Corporation remains committed to a longstanding plan to work with the property owners that were part of the original proposed well drilling ban area. Whirlpool is open to and considering various options to amicably resolve property owners' concerns and claims. Options under consideration include the implementation of a well drilling ban as well as enhanced residential assurances. It is important to note that any potential resolution must be assessed and carried out according to the appropriate legal process, and with full participation of the parties and their legal representatives."

Noel claimed that Whirlpool disagrees "with any claims that property values have been adversely impacted based upon consultation with a national real estate firm." The claim comes after Sebastian County Assessor Becky Yandell's office re-assessed properties in the area affected by the plume, resulting in a cumulative property value decline of 41.2% in the area.

As part of the final remedy work plan, Whirlpool has also specified a "public involvement plan" that will have the company seek public comment on proposed corrective measures to be implemented. The plan consists of the following:
• Establishing a local repository for project documents;
• Compiling a copy of the Administrative Record for public access to the repository;
• Providing public notice of the availability of the record and a request for comments on the record and the proposed corrective measures within 30 days; and
• Conducting a public meeting for all residents and city leaders to review and comment on the final corrective measure.

The document also detailed plans to use chemical oxidation to remedy the problem, which The City Wire reported on in a July 2 report.

"The science is sound and the approach is a proven remedy. There are many sites in the U.S. and Canada that use focused / targeted chemical oxidation to enhance the overall performance of natural attenuation by reducing significant mass in target areas. We are confident this approach is the best solution given the existing understanding of the site and current land uses," said a letter from ENVIRON Corp., the consultants hired by Whirlpool.

"The amount of pressure used during injection will be determined during field activities, as too much pressure could result in short circuiting (daylighting) of the oxidant. However, the addition of pressure at multiple pressure variations / cycles should assist in moving the oxidant further out into the formation, which in turn should increase the effective radius of influence at each injection well. The specific pressures and duration of injections will be field determined based on measured observations."

Whirlpool's plan submitted on July 16 said the plan will be implemented in two different phases. The company will also rely on a process known as Monitored Natural Attenuation (MNA), which the company said includes "a variety of naturally occurring physical, chemical, and biological processes that, under favorable conditions, substantially reduce the mass, toxicity, mobility, volume or COC concentrations in soil and/or groundwater. natural attenuation can be very effective in reducing the mass of COCs including the off-site plume."

Soil vapor monitoring will also be included in the plan, in addition to the monitoring of groundwater.

A schedule included with the document says a public meeting on the plan should take place on Aug. 25.