Hurricane Katrina
Continuing Debris Removal and Disposal Issues Gao ID: GAO-08-985R August 25, 2008In 2005, as a result of Hurricane Katrina, more than 1,600 people lost their lives and more than a million were driven from their homes on the Gulf Coast. Tens of thousands of homes in New Orleans were flooded, many requiring either demolition or gutting before reconstruction. Nearly 3 years later, the New Orleans area still faces significant debris management issues and challenges. For example, the Louisiana Department of Environmental Quality (LDEQ) stated that while the Department of Homeland Security's Federal Emergency Management Agency (FEMA) estimated in July 2008 that it had funded about 16,900 home demolitions, an estimated 6,100 homes remained to be demolished around the New Orleans area. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) establishes programs and processes for the federal government to provide major disaster and emergency assistance to states, local governments, tribal nations, and others. FEMA has the responsibility for administering the provisions of the Stafford Act, including approving and funding the assistance provided under it. This assistance has been provided to the Gulf Coast under the Department of Homeland Security's National Response Framework (formerly called the National Response Plan). In New Orleans, the U.S. Army Corps of Engineers (Corps of Engineers) was the primary federal agency responsible for providing debris removal and disposal until it concluded its response activities in September 2007. The Environmental Protection Agency (EPA), the coordinator of federal emergency support for oil and hazardous materials releases, also assisted the Corps of Engineers and LDEQ with debris removal and disposal and continues to undertake Katrina response activities, such as monitoring landfill operations. The federal law addressing the management of hazardous and other solid wastes--the Resource Conservation and Recovery Act--addresses nonhazardous solid wastes under subtitle D. The act prohibits "open dumping"--the disposal of solid waste in landfills failing to meet the relevant criteria--and requires state plans to prohibit the establishment of open dumps. RCRA provides EPA with limited authority to address environmental problems at solid waste landfills. The Water Resources Development Act of 2007 directed GAO to address certain activities related to debris management in the wake of Hurricane Katrina. We briefed relevant committee staff on the results of our work on March 6, 2008, and held subsequent discussions with them in March and April 2008. We are following up with this report, which provides more detail on the topics covered in the briefing. This report describes (1) key plans and practices federal and state agencies are currently using to oversee debris removal and disposal in response to Hurricane Katrina in New Orleans, (2) enforcement actions state and federal agencies have taken related to Katrina debris removal and disposal, and (3) actions by LDEQ and EPA in response to potential environmental issues at the Gentilly Landfill in New Orleans.
Key plans and practices state and federal agencies are using to oversee and implement debris removal and disposal in response to Hurricane Katrina in New Orleans include (1) a state emergency order covering debris removal and disposal at landfills, currently extended until August 29, 2008; (2) EPA "no action assurance" letters to LDEQ concerning asbestos emissions requirements related to building demolitions; and (3) EPA's asbestos emissions monitoring plan. The state emergency order broadens the state of Louisiana's definition of construction and demolition (C&D) debris. Regarding asbestos practices, since 2006 EPA has not been enforcing certain Clean Air Act regulations for asbestos for homes demolished under government orders. In terms of oversight of debris removal and disposal activities, key practices that LDEQ and EPA are using include surveillance at landfills and other debris sites. The pace of home demolitions, which are now managed by the individual parishes, continues to be slow. As of May 15, 2008, LDEQ had issued 120 enforcement actions for Hurricane Katrina-related violations. Fifty-three of these actions involved solid waste, hazardous waste, or water program actions taken against businesses or individuals who, among other things, improperly disposed of C&D debris at unauthorized sites. In other enforcement actions, LDEQ worked with EPA, the Corps of Engineers, and the Louisiana National Guard in a joint effort to combat illegal dumping activities after the hurricane in an area east of New Orleans called the Almonaster Corridor. One of the landfills highlighted in our report, the Gentilly Landfill, is constructed on top of a former municipal waste landfill. EPA concluded that while there is no way "to protect against future Superfund liability absolutely"--particularly for a landfill--the use of the landfill appeared to be consistent with the types and volumes of wastes for which it was designed and permitted by the state. Finally, we are providing information on (1) the status of the Chef Menteur Landfill in New Orleans, (2) a disaster debris reduction pilot project in St. Bernard Parish that was scaled back prior to its implementation in June 2008, and (3) the effect of a debris provision in the Water Resources Development Act of 2007. First, the Chef Menteur Landfill, which was controversial because of its proximity to a national wildlife refuge and a residential neighborhood, was opened under emergency authority in April 2006 and closed in August 2006. The landfill is currently waiting on, among other things, a Corps of Engineers permit under section 404 of the Clean Water Act, after which final closure activity can commence. Second, EPA conducted a disaster debris reduction pilot in St. Bernard Parish in June 2008. EPA has acknowledged that an error in its risk estimate of the potential health effects of exposure to asbestos related to the pilot was a factor in the decision to exclude regulated asbestos-containing material from the revised pilot. Third, a provision of the Water Resources Development Act prohibits federal funds from being used to reimburse any state or local entity in Louisiana for the disposal of C&D debris in a C&D landfill in Louisiana unless that waste meets the federal definition of that debris. While LDEQ officials acknowledged that the provision has therefore not impacted debris disposal operations, EPA and LDEQ officials emphasized that C&D disposal practices in Louisiana have complied with the provisions of the Water Resources Development Act of 2007.
GAO-08-985R, Hurricane Katrina: Continuing Debris Removal and Disposal Issues
This is the accessible text file for GAO report number GAO-08-985R
entitled 'Hurricane Katrina: Continuing Debris Removal and Disposal
Issues' which was released on August 25, 2008.
This text file was formatted by the U.S. Government Accountability
Office (GAO) to be accessible to users with visual impairments, as part
of a longer term project to improve GAO products' accessibility. Every
attempt has been made to maintain the structural and data integrity of
the original printed product. Accessibility features, such as text
descriptions of tables, consecutively numbered footnotes placed at the
end of the file, and the text of agency comment letters, are provided
but may not exactly duplicate the presentation or format of the printed
version. The portable document format (PDF) file is an exact electronic
replica of the printed version. We welcome your feedback. Please E-mail
your comments regarding the contents or accessibility features of this
document to Webmaster@gao.gov.
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed
in its entirety without further permission from GAO. Because this work
may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this
material separately.
August 25, 2008:
The Honorable Barbara Boxer:
Chairman:
The Honorable James M. Inhofe:
Ranking Member:
Committee on Environment and Public Works:
United States Senate:
The Honorable James L. Oberstar:
Chairman:
The Honorable John L. Mica:
Ranking Member:
Committee on Transportation and Infrastructure:
House of Representatives:
Subject: Hurricane Katrina: Continuing Debris Removal and Disposal
Issues:
In 2005, as a result of Hurricane Katrina, more than 1,600 people lost
their lives and more than a million were driven from their homes on the
Gulf Coast. Tens of thousands of homes in New Orleans were flooded,
many requiring either demolition or gutting before reconstruction.
Nearly 3 years later, the New Orleans area still faces significant
debris management issues and challenges. For example, the Louisiana
Department of Environmental Quality (LDEQ) stated that while the
Department of Homeland Security's Federal Emergency Management Agency
(FEMA) estimated in July 2008 that it had funded about 16,900 home
demolitions, an estimated 6,100 homes remained to be demolished around
the New Orleans area. Further, it is estimated that when the demolition
and renovation of damaged property in the New Orleans area resulting
from Hurricane Katrina are completed, more than 100 million cubic yards
of disaster debris will have been generated.[Footnote 1] This is more
than twice the amount of disaster-related debris generated in 1992 by
Hurricane Andrew--the event that prior to Hurricane Katrina had
resulted in the greatest recorded amount of disaster-related debris in
U.S. history.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act) establishes programs and processes for the federal
government to provide major disaster and emergency assistance to
states, local governments, tribal nations, and others. FEMA has the
responsibility for administering the provisions of the Stafford Act,
including approving and funding the assistance provided under it. This
assistance has been provided to the Gulf Coast under the Department of
Homeland Security's National Response Framework (formerly called the
National Response Plan). The National Response Framework is the basis
for how federal agencies have worked with state and local entities in
managing the coordinated federal response to Hurricane Katrina. In New
Orleans, the U.S. Army Corps of Engineers (Corps of Engineers) was the
primary federal agency responsible for providing debris removal and
disposal until it concluded its response activities in September 2007.
The Environmental Protection Agency (EPA), the coordinator of federal
emergency support for oil and hazardous materials releases, also
assisted the Corps of Engineers and LDEQ with debris removal and
disposal and continues to undertake Katrina response activities, such
as monitoring landfill operations. FEMA has agreed to continue funding
EPA's activities through August 29, 2008, at which point EPA expects
that it will conclude its Katrina response activities.
The federal law addressing the management of hazardous and other solid
wastes--the Resource Conservation and Recovery Act--addresses
nonhazardous solid wastes under subtitle D. According to subtitle D,
states have primary responsibility for permitting, monitoring, and
carrying out enforcement actions at solid waste disposal facilities
(generally referred to as landfills), as well as developing waste
management plans in accordance with minimum federal
requirements.[Footnote 2] EPA regulations establish criteria for
classifying different types of landfills and practices that may result
in adverse effects on health or the environment, among other things.
The act prohibits "open dumping"--the disposal of solid waste in
landfills failing to meet the relevant criteria--and requires state
plans to prohibit the establishment of open dumps.[Footnote 3] RCRA
provides EPA with limited authority to address environmental problems
at solid waste landfills.
The Water Resources Development Act of 2007 directed GAO to address
certain activities related to debris management in the wake of
Hurricane Katrina. We briefed relevant committee staff on the results
of our work on March 6, 2008, and held subsequent discussions with them
in March and April 2008. We are following up with this report, which
provides more detail on the topics covered in the briefing. This report
describes (1) key plans and practices federal and state agencies are
currently using to oversee debris removal and disposal in response to
Hurricane Katrina in New Orleans, (2) enforcement actions state and
federal agencies have taken related to Katrina debris removal and
disposal, and (3) actions by LDEQ and EPA in response to potential
environmental issues at the Gentilly Landfill in New Orleans. The
report also provides information on the status of the Chef Menteur
Landfill in New Orleans; an EPA disaster debris reduction pilot project
in St. Bernard Parish, Louisiana; and a debris provision in the Water
Resources Development Act.
Our review focused on EPA's and LDEQ's 2007 and 2008 debris-related
Hurricane Katrina response activities in the New Orleans area, where
the vast majority of the debris was generated.[Footnote 4] In
conducting this work, we reviewed EPA, LDEQ, and Corps of Engineers
documents on debris removal and disposal practices in use in New
Orleans in response to Katrina, including federal and state regulatory
requirements and other agency practices. We also reviewed EPA and LDEQ
plans for overseeing debris removal and disposal in New Orleans, and we
followed up on relevant prior GAO recommendations to EPA from our June
2007 report, Hurricane Katrina: EPA's Current and Future Environmental
Protection Efforts Could Be Enhanced by Addressing Issues and
Challenges Faced on the Gulf Coast (GAO-07-651). In addition, we
reviewed EPA and LDEQ documents on the number and types of debris
management enforcement actions related to Hurricane Katrina in
Louisiana and interviewed officials regarding the nature and results of
these actions. Finally, as agreed, we reviewed a draft February 2006
report prepared for FEMA by a consulting firm, the National
Infrastructure Support Technical Assistance Consultants, on the
potential environmental impacts from hurricane debris disposal at the
Gentilly Landfill. We discussed the draft report with EPA and LDEQ
officials and obtained information on actions LDEQ took to settle a
lawsuit filed by an environmental organization that also responded to
some issues raised in the draft report. We did not evaluate the
technical merits of the draft report or the effectiveness of LDEQ's
responses. We conducted our work from December 2007 to August 2008 in
accordance with generally accepted government auditing standards, which
require that we plan and perform the audit to obtain sufficient,
appropriate evidence to provide a reasonable basis for our findings and
conclusions based on our audit objectives. We believe that the evidence
obtained provides a reasonable basis for our findings and conclusions
based on our audit objectives.
Overview:
Key plans and practices state and federal agencies are using to oversee
and implement debris removal and disposal in response to Hurricane
Katrina in New Orleans include (1) a state emergency order covering
debris removal and disposal at landfills, currently extended until
August 29, 2008; (2) EPA "no action assurance" letters to LDEQ
concerning asbestos emissions requirements related to building
demolitions; and (3) EPA's asbestos emissions monitoring plan. In
addition, both LDEQ and EPA have issued guidance related to disaster
cleanup and debris management. The state emergency order broadens the
state of Louisiana's definition of construction and demolition (C&D)
debris. Initially promulgated in August 2005, a November 2005 amendment
to the emergency order allows some potentially hazardous materials--
including furniture, carpeting, painted or stained lumber contained in
demolished buildings, and the incidental mixture of "construction and
demolition debris with asbestos-contaminated waste" that cannot be
extracted from C&D debris--to be disposed of in C&D landfills rather
than in landfills with liners approved for such waste.[Footnote 5] The
broadened C&D debris definition was initially approved for landfills in
25 Louisiana parishes but has been scaled back in emergency order
amendments to cover fewer parishes and specific landfills; it is
currently applicable to four named landfills in 3 parishes until August
29, 2008. In July 2008, LDEQ officials said the agency would likely
continue to reauthorize the expanded C&D definition for some landfills
beyond that date under an amended state emergency order. We note that
LDEQ amended and completely replaced its solid waste regulations in
June 2007; at that time, LDEQ revised its regulatory definition of C&D
debris, which is now more similar to the emergency order. According to
LDEQ officials, special authority under the emergency order would be
needed only to dispose of furniture and carpeting in C&D landfills.
Regarding asbestos practices, since 2006--under EPA no action assurance
letters--EPA has not been enforcing certain Clean Air Act regulations
for asbestos for homes demolished under government orders. EPA has
narrowed the areas covered by the no action assurance letters over
time, initially covering all homes in Louisiana that were damaged by
Hurricanes Katrina and Rita and met specified criteria. As of February
2008, residences in five parishes meeting specified criteria are
effectively not subject to otherwise applicable requirements for
inspection and removal of asbestos prior to demolition until August 29,
2008, provided certain emission control practices are followed. In
terms of oversight of debris removal and disposal activities, key
practices that LDEQ and EPA are using include surveillance at landfills
and other debris sites--daily observations at landfills receiving large
quantities of Katrina debris; observations at demolitions sites; and
monitoring of asbestos emissions at demolition sites. Specifically, EPA
and LDEQ said that they have conducted 3,364 landfill observations at
13 landfill and debris storage or staging sites since October 2005, and
the agencies have observed demolition activities at 8,706 residences
since March 2006. EPA has also monitored for asbestos emissions at 300
demolitions in the New Orleans area since August 2007. The pace of home
demolitions, which are now managed by the individual parishes,
continues to be slow.[Footnote 6] For example, as stated in our June
2007 report, LDEQ indicated that 12,000 residence demolitions funded by
FEMA had been completed by February 2007. However, 17 months later and
nearing the 3-year anniversary of Hurricane Katrina, LDEQ provided FEMA
estimates showing that, as of July 2008, only another 5,000 of these
home demolitions had been completed--with an estimated 6,100 more
remaining in the New Orleans area. Enclosure I provides more
information regarding key plans and practices currently guiding state
and federal agencies' debris removal and disposal in response to
Katrina.
As of May 15, 2008, LDEQ had issued 120 enforcement actions for
Hurricane Katrina-related violations. Fifty-three of these actions
involved solid waste, hazardous waste, or water program actions taken
against businesses or individuals who, among other things, improperly
disposed of C&D debris at unauthorized sites. LDEQ's 120 enforcement
actions also included actions taken against five C&D landfills that
received Katrina C&D debris: Empire Pit, Gentilly, Industrial Pipe,
Slidell, and Stranco. Though the violations at these five C&D landfills
varied, those at Industrial Pipe and Slidell included disposing of
unauthorized waste such as tires, medical waste, and creosote telephone
poles; as a result, LDEQ's enforcement actions at these two landfills
also included potential penalties against the landfills' operators.
Other violations at landfills included failing to cover waste with 12
inches of soil every 14 days, failing to meet effluent limitations, and
inadequate supervision and security of the site. LDEQ issued seven air-
related violations, all of which related to the handling of asbestos-
containing materials, such as failing to adequately wet the asbestos--
a critical step in controlling the release of asbestos fibers into the
air--and failing to dispose of the material after removal as soon as
practical.
In other enforcement actions, LDEQ worked with EPA, the Corps of
Engineers, and the Louisiana National Guard in a joint effort to combat
illegal dumping activities after the hurricane in an area east of New
Orleans called the Almonaster Corridor. Although illegal dumping had
been a problem in this area for many years prior to Hurricane Katrina,
the amount of debris from the hurricane greatly exacerbated illegal
dumping in the area. Together, in March and April 2007, the agencies
inspected 178 sites and referred 147 to LDEQ's enforcement division.
Violations from this effort included the unauthorized disposal of solid
waste, transporting solid waste to an unauthorized location, and open
burning of debris. LDEQ expects to complete an overall summary of this
effort by the end of the summer of 2008. Enclosure II provides more
information regarding enforcement actions taken in response to Katrina.
We reported in June 2007 that LDEQ made decisions about landfills and
the disposal of debris that some studies suggest could have long-term,
negative environmental impacts. One of the landfills highlighted in our
report, the Gentilly Landfill, is constructed on top of a former
municipal waste landfill that operated from the early 1960s until the
mid-1980s. In authorizing the use of this landfill for hurricane debris
disposal, LDEQ stated that it had considered alternative sites and
determined that the Gentilly Landfill met state solid waste
requirements.[Footnote 7] Further, LDEQ considered the proximity of the
Gentilly Landfill--one of four landfills currently authorized by
emergency order to receive C&D debris under a broadened definition that
includes some potentially hazardous materials--to the hurricane-
generated C&D debris. However, the use of this landfill has been
controversial. For example, FEMA has questioned whether federal
agencies could become liable to pay cleanup costs if the landfill were
to become a Superfund site. In response to a request from FEMA, EPA
provided a technical analysis and recommendation for the use of the
Gentilly Landfill. EPA concluded that while there is no way "to protect
against future Superfund liability absolutely"--particularly for a
landfill--the use of the landfill appeared to be consistent with the
types and volumes of wastes for which it was designed and permitted by
the state. To further assess concerns about the Gentilly Landfill, FEMA
contracted with a firm to study the landfill to help it make debris
management decisions. The subsequent February 2006 draft report
included a number of recommendations to address concerns related to
possible environmental impacts at the site. At the same time, LDEQ was
facing a lawsuit from an environmental group. LDEQ officials told us
that although they had concerns about the quality of the draft report
and they disagreed with some of the recommendations, the agency took
steps that addressed a number of the recommendations in the draft
report. The actions taken were aimed at settling the lawsuit, but there
were a number of similarities in the draft report's recommendations and
the charges in the lawsuit. The actions LDEQ would take were agreed
upon at a February 2006 meeting with officials from LDEQ, EPA, the
Corps of Engineers, FEMA, and the consulting firm that developed the
draft report for FEMA. EPA concurred with LDEQ's actions at the
landfill, which included installing ground and surface water monitoring
systems and limiting the volume of debris accepted at the landfill.
Enclosure III provides more information regarding debris disposal
issues and the actions taken by LDEQ and EPA at the Gentilly Landfill
to address them.
Finally, we are providing information on (1) the status of the Chef
Menteur Landfill in New Orleans, (2) a disaster debris reduction pilot
project in St. Bernard Parish that was scaled back prior to its
implementation in June 2008, and (3) the effect of a debris provision
in the Water Resources Development Act of 2007. First, the Chef Menteur
Landfill, which was controversial because of its proximity to a
national wildlife refuge and a residential neighborhood, was opened
under emergency authority in April 2006 and closed in August 2006.
However, final closure activities have not yet been performed. Further,
the landfill underwent comprehensive testing in November 2007 after
citizen complaints regarding odor. None of the air samples exceeded
state or federal regulations. The landfill is currently waiting on,
among other things, a Corps of Engineers permit under section 404 of
the Clean Water Act, after which final closure activity can
commence.[Footnote 8] Second, EPA conducted a disaster debris reduction
pilot in St. Bernard Parish in June 2008. According to EPA, this pilot
was originally planned to test methods for disposing of regulated
asbestos-containing material. The two planned methods to be evaluated
involved (1) grinding asbestos-containing waste material from homes and
(2) burning asbestos-containing waste material from homes using a
thermal treatment process called an "air curtain burner." However, the
asbestos pilot project became controversial, in part because of
community concerns. EPA has acknowledged that an error in its risk
estimate of the potential health effects of exposure to asbestos
related to the pilot was a factor in the decision to exclude regulated
asbestos-containing material from the revised pilot. According to EPA,
the new pilot was limited to the burning of vegetative and C&D debris
and was redesigned to specifically exclude regulated asbestos-
containing material. Third, a provision of the Water Resources
Development Act prohibits federal funds from being used to reimburse
any state or local entity in Louisiana for the disposal of C&D debris
in a C&D landfill in Louisiana unless that waste meets the federal
definition of that debris. However, federal regulations do not
specifically define C&D debris, instead stating that a C&D landfill
"typically receives any one or more of the following types of solid
wastes: roadwork material, excavated material, demolition waste,
construction/renovation waste, and site clearance waste." While
Louisiana regulations are more stringent than federal guidelines, under
the emergency order still in effect in five parishes, the debris that
C&D landfills can receive includes some potentially hazardous materials
that normally would not be allowed to be disposed of in unlined C&D
landfills under Louisiana's regulations. However, in August 2006, EPA
Region 6 reviewed LDEQ's C&D debris definition under the emergency
order and determined that the types of waste "seem consistent with what
EPA identifies as material typically sent to a C&D landfill." While
LDEQ officials acknowledged that the provision has therefore not
impacted debris disposal operations, EPA and LDEQ officials emphasized
that C&D disposal practices in Louisiana have complied with the
provisions of the Water Resources Development Act of 2007. Enclosure IV
provides more information regarding the Chef Menteur Landfill, the EPA
disaster debris reduction pilot project, and the Water Resources
Development Act debris provision.
While we are not making recommendations based on the work we conducted
for this review, we made six recommendations in our 2007 Hurricane
Katrina report addressing several environmental issues as well as
Katrina-related communications to the public about environmental health
risks.[Footnote 9] During our current review, we found that EPA has
taken actions in response to two of the recommendations: (1) developing
and implementing an expanded asbestos monitoring plan in the New
Orleans area to provide monitoring at demolition sites and (2)
providing more detailed guidance to state and local entities on
managing debris disposal following disasters. We have requested but not
yet received information from EPA on its responses to the other four
recommendations in our 2007 report. As we are currently in another
hurricane season, we encourage EPA to expeditiously complete its
responses to all of the recommendations in our prior report, which are
aimed at minimizing environmental risks from future disasters and
providing environmental health risk information to the public that is
timely, complete, clear, and consistent. Looking ahead, we also
encourage EPA to carefully consider the continued need to waive certain
aspects of the Clean Air Act's asbestos requirements for building
demolitions and to work with LDEQ as it considers whether it is
necessary to continue to allow carpeting and furniture into some C&D
landfills. While much work continues, important factors that should be
carefully weighed in considering extensions beyond the 3-year
anniversary of Hurricane Katrina on August 29, 2008, are the continued
slow pace of activities--independent of the relaxation of these
environmental standards--and the possible culmination of FEMA-funded
EPA support in conducting oversight of landfill operations and
demolitions in the New Orleans area.
Agency Comments and our Evaluation:
We provided a draft of this report to EPA and LDEQ for review and
comment. EPA generally agreed with the information in the report and
provided some recommended changes, and LDEQ provided technical comments
for consideration. We incorporated comments from both agencies, as
appropriate. EPA's letter and our response to it appear in enclosure V,
while LDEQ's letter and our response are provided in enclosure VI.
We are providing copies of this report to interested congressional
committees, the Administrator of the Environmental Protection Agency,
and the Secretary of the Louisiana Department of Environmental Quality.
We will also make copies available to others upon request. In addition,
this report will be available on the GAO Web site at [hyperlink,
http://www.gao.gov].
If you or your staffs have any questions about this report, please
contact me at (202) 512-3841 or stephensonj@gao.gov. Contact points for
our Offices of Congressional Relations and Public Affairs may be found
on the last page of this report. Key contributors to this report were
Christine Fishkin, Assistant Director; Richard Johnson; Kirk Menard;
Joanna Owusu. Ben Shouse, Michael Derr, and Phylis Cline also made
important contributions to this report.
Signed by:
John B. Stephenson:
Director, Natural Resources and Environment:
Enclosures:
[End of section]
Enclosure I: Key Federal and State Plans and Practices to Oversee
Debris Removal and Disposal:
Following are the key plans and practices the Environmental Protection
Agency (EPA) and the Louisiana Department of Environmental Quality
(LDEQ) are currently using to oversee debris removal and disposal in
response to Hurricane Katrina in New Orleans.
Key Debris Removal Plans and Practices:
LDEQ emergency order. Debris removal in the New Orleans area is
conducted under the terms of LDEQ's February 29, 2008, Declaration of
Emergency and Administrative Order, which is in effect until August 29,
2008. Initially promulgated on August 30, 2005, and applicable to 25 of
the state's 64 parishes, the emergency order has been amended and
extended numerous times. The second amended emergency order issued on
November 2, 2005, included provisions broadening the state's definition
of construction and demolition (C&D) debris. Specifically, under the
November 2005 amended emergency order:
* the types of debris that C&D landfills can receive was broadened to
include some potentially hazardous materials, including furniture,
carpeting, and painted or stained lumber contained in demolished
buildings; and "the incidental admixture of construction and demolition
debris with asbestos-contaminated waste[Footnote 10] (i.e., incidental
asbestos-contaminated debris that cannot be extracted from the
demolition debris)."
In June 2007, LDEQ amended and completely replaced its solid waste
regulations; at that time, LDEQ revised its regulatory definition of
C&D debris, which LDEQ officials stated is now more similar to the
emergency order.[Footnote 11] As a result, according to these
officials, the only materials cited in the emergency order that are not
allowed in C&D landfills under LDEQ's current regulations are furniture
and carpeting.
Beginning with the eighth amended emergency order issued on January 19,
2007, LDEQ reduced the number of parishes in the emergency area covered
by the order to eight, noting the progress of hurricane recovery
efforts.[Footnote 12] The ninth amended emergency order issued on March
19, 2007, further reduced the number of covered parishes to
six.[Footnote 13] Importantly, this order also limited the sites
authorized to dispose of hurricane-generated C&D debris under the
broadened debris definition to those specifically named in the
emergency order: Gentilly, Highway 90, River Birch, Stranco, and
Tidewater Sanitary landfills. The order states that the progress of
recovery efforts in the emergency area reduced the need for disposal
facilities for C&D debris and that after consultation with the U.S.
Army Corps of Engineers (Corps of Engineers) and local government
authorities, certain facilities were selected based upon consideration
of available permitted landfill capacity, quantities and types of
debris remaining, the distance between landfills and remaining debris,
and other factors.
The February 2008 emergency order currently in effect is the Third
Extension of the Twelfth Amended Declaration of Emergency and
Administrative Order and covers five parishes: Jefferson, Orleans,
Plaquemines, St. Bernard, and St. Tammany. Under the order, four
landfills located in three of the five parishes can receive C&D debris
as defined above: Gentilly (Orleans Parish), Highway 90 (Jefferson
Parish), River Birch (Jefferson Parish), and Tidewater Sanitary
(Plaquemines Parish). LDEQ's extension of the current emergency order
through August 29, 2008, notes that the need for an additional
extension to the emergency order will be evaluated by the order's
expiration date. The emergency order extension further notes that
should the order be extended beyond August 29, 2008, the regulatory
flexibility afforded by the expanded definition of C&D debris will no
longer be necessary to respond to the Hurricane Katrina emergency in
Jefferson, Plaquemines, and St. Tammany Parishes once the parishes have
a reasonable opportunity to prepare for the change. According to the
extension, LDEQ may decide to continue to authorize the expanded C&D
debris definition in Orleans and St. Bernard Parishes after August 29,
2008, if many houses remain to be demolished in these parishes at that
time. In July 2008, LDEQ officials said the agency would likely
continue to reauthorize the expanded C&D definition for some landfills
beyond that date under an amended state emergency order.
EPA asbestos "no action assurance." Since 2006, to facilitate the
removal of the extraordinary amounts of debris after Hurricane Katrina,
EPA has not been enforcing certain Clean Air Act regulations (called
work practice standards) for asbestos in the case of government-ordered
demolitions of homes, using "no action assurance" letters to
LDEQ.[Footnote 14] Specifically, under the current "no action
assurance" letter issued in February 2008, residences in five New
Orleans area parishes that are subject to a government-issued
demolition order based on the residence being (1) structurally unsound
but not necessarily in danger of imminent collapse, (2) moved off of
its foundation, or (3) uninhabitable for other environmental reasons,
such as flooding, are effectively not subject to otherwise applicable
requirements for inspection and removal of asbestos prior to demolition
through August 29, 2008, provided certain emission control practices
are followed. These emission control practices include the wetting of
materials from before demolition through disposal. According to LDEQ
officials, the no action assurance has significantly helped the
recovery effort by allowing demolition without the prior removal of
regulated asbestos-containing materials, thereby reducing by 2 or 3
days the time required to demolish homes. Under the no action assurance
provisions, EPA and LDEQ are to conduct additional oversight
activities, including continuing to observe demolitions to verify
compliance with asbestos requirements and meeting regularly to discuss
oversight activities and to identify and address any other concerns.
EPA asbestos monitoring plan. In September 2007, EPA issued an
additional asbestos monitoring plan to (1) evaluate the effectiveness
of the demolition practices being employed in the New Orleans area, (2)
assure the safety of existing and potential residents, (3) inform the
public of the asbestos concentrations observed, and (4) explain the
significance of the findings of the monitoring. This plan responds to
our June 2007 recommendation that EPA develop and implement an expanded
asbestos monitoring plan in the New Orleans area that addresses the
potential health effects of the nonenforcement, under no action
assurance letters, of certain asbestos requirements covering government-
ordered demolitions of residences. The asbestos monitoring plan calls
for monitoring a minimum of 10 percent of the FEMA-funded demolitions
of houses known to have, or assumed to have, regulated asbestos-
containing material.[Footnote 15]
LDEQ guidance. LDEQ issued a Comprehensive Plan for Disaster Clean-Up
and Debris Management in July 2006, building on its September 2005
Hurricane Katrina Debris Management Plan. This plan addresses the
determination of appropriate sites for staging, transferring, and
disposing of debris and the management of different types of debris,
among other topics.
EPA guidance. As we had recommended in June 2007, EPA's Office of Solid
Waste and Emergency Response updated and significantly expanded its
1995 disaster debris guidance in March 2008. The new guidance, Planning
for Natural Disaster Debris, discusses debris management from natural
disasters such as hurricanes, earthquakes, tornadoes, and floods and is
intended for use in developing or revising disaster debris management
plans. The guide addresses issues such as identifying the types of
debris and forecasting the amounts of debris that could occur from a
natural disaster; creating an inventory of current capacity for
managing the debris; preselecting temporary debris management sites
that can be used for storing, sorting, and processing debris; and
creating a debris removal strategy that recognizes that disaster debris
that may pose an immediate threat to human health and the environment
should be a first collection priority. The guide states that
environmental assessment monitoring may be needed before, during, and
after a disaster if disaster debris is placed in previously closed
debris management facilities or if new facilities are opened. It
further notes that attempting to conduct an assessment after a disaster
can limit the assessment, delay debris management, and increase citizen
anxiety. The new guidance responds to our June 2007 recommendation to
EPA to provide more detailed guidance to state and local entities on
managing debris disposal following disasters to better ensure
protection of public health and the environment and prevent the
creation of future Superfund sites.[Footnote 16]
Oversight Practices:
Observations at landfills. Following the hurricane, LDEQ, with EPA
assistance, has increased its surveillance of debris disposal at
landfills and other debris sites in the New Orleans area.[Footnote 17]
Observations at landfills receiving large quantities of hurricane
debris increased from weekly from late October 2005 through mid-
February 2006, to twice weekly from mid-February 2006 to mid-May 2006,
to daily in May 2006. EPA contractors began conducting daily landfill
observations for LDEQ in October 2006.
* According to LDEQ, LDEQ or EPA contractor staff generally conducted
daily observations at Gentilly, Highway 90, Slidell, and Tidewater
Sanitary C&D landfills since May 2006. EPA contractors conducted
observations at the Paris Road site, a temporary debris staging and
reduction area, twice a week since July 2007. EPA or LDEQ staff observe
debris entering the landfills in trucks and debris being deposited at
the landfill to ensure that inappropriate debris is not disposed at the
site.
* Observations are recorded in a standardized form that is reviewed by
LDEQ, according to LDEQ officials. LDEQ staff also conduct regulatory
inspections that entail a more thorough review of permit requirements
and landfill records.
* LDEQ officials told us that problems identified by LDEQ and EPA are
frequently addressed immediately. For example, inappropriate debris
identified in trucks is turned away at the landfill entrance, and
inappropriate debris spotted being deposited at the landfill is
immediately pulled out and segregated. LDEQ officials said that in one
case, problems identified by EPA involving the improper handling of
asbestos debris prompted a formal LDEQ inspection that resulted in an
enforcement action.
According to EPA and LDEQ, they have conducted 3,364 landfill
observations at 13 landfill and debris storage or staging sites since
October 2005.[Footnote 18] Table 1 provides an overview of EPA and LDEQ
observations by landfill or debris site since October 2005.
Table 1: Number of EPA and LDEQ Observations at Landfill or Debris
Sites from October 2005 through May 2008:
New Orleans area landfills and temporary debris storage or staging
sites: Chef Menteur C&D landfill[A];
EPA and LDEQ observations: 89.
New Orleans area landfills and temporary debris storage or staging
sites: Empire Pit C&D landfill[B];
EPA and LDEQ observations: 140.
New Orleans area landfills and temporary debris storage or staging
sites: Gentilly C&D landfill;
EPA and LDEQ observations: 699.
New Orleans area landfills and temporary debris storage or staging
sites: Highway 90 C&D landfill;
EPA and LDEQ observations: 755.
New Orleans area landfills and temporary debris storage or staging
sites: Industrial Pipe C&D landfill[C];
EPA and LDEQ observations: 125.
New Orleans area landfills and temporary debris storage or staging
sites: Jefferson Parish Type I-II landfill[D];
EPA and LDEQ observations: 38.
New Orleans area landfills and temporary debris storage or staging
sites: Killona C&D landfill[E];
EPA and LDEQ observations: 28.
New Orleans area landfills and temporary debris storage or staging
sites: River Birch Type I-II landfill;
EPA and LDEQ observations: 136.
New Orleans area landfills and temporary debris storage or staging
sites: St. Bernard temporary debris storage and reduction site #1
(Paris Road Landfill);
EPA and LDEQ observations: 232.
New Orleans area landfills and temporary debris storage or staging
sites: St. Bernard temporary debris storage and reduction site #2 (Old
Asphalt Plant)[F];
EPA and LDEQ observations: 54.
New Orleans area landfills and temporary debris storage or staging
sites: Slidell C&D landfill;
EPA and LDEQ observations: 616.
New Orleans area landfills and temporary debris storage or staging
sites: Stranco C&D landfill[G];
EPA and LDEQ observations: 143.
New Orleans area landfills and temporary debris storage or staging
sites: Tidewater Sanitary / Coast Guard Road C&D landfill;
EPA and LDEQ observations: 309.
Total;
EPA and LDEQ observations: 3,364.
Sources: EPA and LDEQ.
[A] Landfill ceased accepting debris on August 14, 2006.
[B] Landfill closed on October 15, 2007.
[C] Landfill ceased accepting hurricane debris in December 2006.
[D] Landfill was a white goods staging site; hurricane debris not
disposed of at this landfill.
[E] Landfill ceased accepting hurricane debris in December 2006.
[F] Site closed on December 18, 2006.
[G] Landfill closed on January 7, 2008.
[End of table]
Observations at demolition sites. EPA has also assisted LDEQ in
observing home demolitions conducted under the scope of EPA's no action
assurance letters by the Corps of Engineers or parishes for compliance
with asbestos requirements. According to LDEQ, FEMA estimates that as
of July 25, 2008, approximately 16,900 residences in Jefferson,
Orleans, Plaquemines, St. Bernard, and St. Tammany Parishes that are
not subject to otherwise applicable requirements for inspection and
removal of asbestos have been demolished with FEMA funding since
February 2006.[Footnote 19] The pace of home demolitions, which are now
managed by the individual parishes, continues to be slow. For example,
as stated in our June 2007 report, LDEQ indicated that 12,000 residence
demolitions funded by FEMA had been completed by February 2007.
However, by July 2008, 17 months later, FEMA estimated that about
another 5,000 of these home demolitions had been completed. According
to LDEQ, FEMA also estimates that nearly 3 years after Hurricane
Katrina, an estimated 6,100 homes remain to be demolished in the New
Orleans area.
* LDEQ and EPA have observed demolition activities at 8,706 residences
since March 2006. LDEQ conducted 1,109 observations at such demolition
sites from March 27, 2006, through October 20, 2006. EPA began
assisting with this effort on October 21, 2006, conducting 7,597
demolition observations through July 2008.[Footnote 20] EPA visits
demolition sites and completes an LDEQ checklist on demolition
activities that is forwarded to LDEQ for review. If concerns are
identified, EPA representatives contact LDEQ, which sends a
representative to the site to evaluate the concern and may request that
EPA document the observations in an LDEQ form that could initiate the
state enforcement action process. LDEQ officials also told us that EPA
typically brings any potential problems to the attention of contractors
as soon as the problem is observed. In addition to these demolition
observations, EPA is also observing the removal of regulated asbestos-
containing material in the form of floor tiles that were originally
left on slabs during demolitions. EPA has conducted 828 floor tile
demolition observations through July 2008.
* According to EPA officials, the primary concerns identified when
monitoring demolitions are contractors (1) not adequately wetting
regulated asbestos-containing material, (2) using nonaccredited
asbestos personnel, and (3) not adequately containing regulated
asbestos material in secured or sealed wrapping.
Monitoring asbestos emissions at demolition sites. In response to our
June 2007 recommendation regarding developing and implementing an
expanded asbestos monitoring plan in the New Orleans area that would
provide monitoring at demolition sites, EPA has monitored for asbestos
emissions at 300 of the 1,253 demolitions conducted under EPA's no
action assurance letters. These demolitions took place in the New
Orleans area between August 6, 2007, and May 15, 2008, consistent with
its September 2007 plan. EPA officials told us that 1 out of 1,170
samples taken from over 300 demolition sites exceeded EPA's health-
screening level for asbestos concentrations. However, LDEQ officials
informed us this instance was caused by a misinterpretation of the
sampling analysis results and none of the samples exceeded EPA's health-
screening levels. EPA confirmed that the one sample result in question
was deemed inconclusive due to excessive particulate on the sample
filter and stated that the sampling procedures have been adjusted to
prevent the filter from becoming overloaded to obtain a more accurate
sample of monitored demolition activity. EPA also stated that asbestos
below the screening level has been detected in some samples. Although
the asbestos monitoring plan states that monitoring can be discontinued
after data from 100 demolitions have been evaluated if problems are not
identified, EPA plans to continue sampling at demolition sites as part
of its FEMA-funded response activities through August 29, 2008.
[End of section]
Enclosure II: Enforcement Actions Taken by State and Federal Agencies:
Following are the enforcement actions state and federal agencies have
taken related to Hurricane Katrina debris removal and disposal.
LDEQ enforcement actions. According to LDEQ, as of May 15, 2008, the
agency had issued 120 enforcement actions for Hurricane Katrina related
violations.[Footnote 21]
* Fifty-one were actions involving issues that cut across LDEQ's air,
water, solid waste, or hazardous waste programs. For example, several
of these actions involved automotive related sites such as auto salvage
yards that LDEQ cited for improperly disposing of solid waste and
failing to submit a notice of intent for storm water discharges.
* Fifty-three were actions involving only solid waste, hazardous waste,
or water. For example, several of these solid waste actions involved
businesses and individuals who improperly disposed of C&D debris at
unauthorized sites.
* Nine were actions under the state's expedited penalties process. For
example, four of these involved violations related to the disposal of
car tires.
* Seven were air-related actions that addressed regulated asbestos-
containing material violations and included issues such as failing to
adequately wet the asbestos and to dispose of the material as soon as
practical after removal.
Landfill enforcement actions. LDEQ's enforcement actions cited above
also included actions against the following five landfills that
received Katrina C&D debris.
* Empire Pit Landfill: LDEQ issued a compliance order enforcement
action on November 8, 2006, against this landfill, which was granted
temporary authorization to receive Katrina C&D debris in a state
emergency order. The violations noted in the action included failing to
(1) keep records documenting the removal and disposal of unauthorized
waste, (2) cover wastes with 12 inches of soil every 14 days, and (3)
provide containers for segregating unauthorized waste. LDEQ's March
2007 emergency order no longer authorized disposal of C&D debris at
this landfill, and the site was closed on October 15, 2007. Prior to
its closure, LDEQ conducted inspections at the temporary landfill on
May 30, 2007, and July 19, 2007, to ensure that the site was being
closed in accordance with the state's debris management plan. Based on
LDEQ's evaluation during these visits and a review of the engineering
certification documentation, the state determined necessary closure
requirements had been met.
* Gentilly Landfill: LDEQ issued a compliance order enforcement action
against this landfill on January 31, 2007, for several violations at
the site. These violations included failing to (1) deposit and compact
waste and cover the waste, (2) install surface run-off devices at
entrance and exit ramps of the disposal area, and (3) meet effluent
limitations. After the enforcement action, monitoring and compliance at
the landfill were determined in several ways, such as (1) daily
landfill assessments conducted by EPA (which did not result in any
subsequent enforcement referrals), (2) monthly submissions to LDEQ of
the landfill's required National Pollutant Discharge Elimination System
Discharge Monitoring Report (some of which indicated exeedances that
are being addressed by LDEQ's enforcement division), and (3) compliance
information provided by the landfill as required under the action. An
inspection conducted by LDEQ on December 17, 2007, found that all solid
waste issues identified in the enforcement action had been resolved.
* Industrial Pipe Inc. Landfill: LDEQ issued a compliance order and
notice of potential penalty enforcement action against this landfill on
July 24, 2007, for several violations. The violations included (1)
depositing waste in the landfill without checking for unacceptable
waste items, (2) allowing the disposal of unacceptable waste (tires,
bags of municipal solid waste, medical waste, vehicle windshields, and
hydraulic hoses), and (3) failing to place appropriate cover over
waste. After the enforcement action, monitoring and compliance at the
landfill were determined in several ways, such as (1) periodic landfill
assessments conducted by LDEQ (which did not result in other
enforcement actions), (2) monthly submissions to LDEQ of the landfill's
required National Pollutant Discharge Elimination System Discharge
Monitoring Report (which indicated no discharges), and (3) compliance
information provided by the landfill as required under the action. LDEQ
inspected the landfill on February 13, 2008, and noted no areas of
concern.[Footnote 22] LDEQ has not issued a penalty to date regarding
the violations from the July 2007 inspection.
* Slidell Landfill: LDEQ issued a consolidated compliance order and
notice of potential penalty enforcement action against this landfill on
February 28, 2007, for several violations. The violations included (1)
accepting unauthorized waste such as residential waste and unopened
black garbage bags (that were not inspected prior to being deposited in
the landfill), (2) failing to minimize blowing paper and litter with
cover material, (3) allowing the disposal of unacceptable wastes such
as liquid paint, creosote telephone poles, railroad ties, and garage
doors, (4) causing or allowing the unauthorized discharge of
potentially contaminated stormwater at a location not specified in the
landfill's permit, and (5) effluent excursions in violation of the
permit. After the action, monitoring and compliance at the landfill
were determined in several ways, such as (1) daily landfill assessments
conducted by EPA (which did not result in any subsequent enforcement
referrals), (2) monthly submissions to LDEQ of the landfill's required
National Pollutant Discharge Elimination System Discharge Monitoring
Report (which showed exceedances in March and April 2007 but not in the
following months), and (3) compliance information such as weekly
preventative maintenance forms provided by the landfill as required
under the action. An LDEQ compliance evaluation inspection was
conducted on October 26, 2007, and no violations were identified. LDEQ
is currently in settlement negotiations with the landfill regarding the
February 2007 violations, and no penalty has been issued to date.
* Stranco Landfill: LDEQ issued a compliance order enforcement action
on December 14, 2006, against the landfill, which was granted temporary
authorization to receive Katrina C&D debris in a state emergency order.
The violations noted in the action included failing to (1) provide
adequate supervision and security of the site to control the disposal
of materials, (2) completely extinguish fires from debris burned at the
landfill (smoke was observed smoldering from the waste at the site),
(3) document the source of waste received at the site, and (4) cover
waste with 12 inches of soil every 14 days. Subsequent LDEQ inspections
found continued violations.[Footnote 23] Specifically, the violations
were failing to cover wastes with 12 inches of soil every 14 days and
not removing unauthorized waste from the site every 7 days, as
required. Because of these continuing issues, on April 9, 2007, LDEQ
issued a consolidated compliance order and notice of potential penalty
enforcement action against the landfill. The landfill operator's April
2007 response to LDEQ explained why the deficiencies had occurred and
how they would be corrected. In October 2007, LDEQ conducted an
inspection to ensure that the landfill, which had been undergoing
closure activities, was being properly closed. This landfill was closed
in January 2008.
Interagency enforcement efforts. Other enforcement actions have been
taken in conjunction with an interagency state and federal enforcement
operation.
* LDEQ worked with EPA, the Corps of Engineers, and the Louisiana
National Guard in March and April 2007 in a joint effort called
Operation Cleansweep to combat the illegal dumping activities and the
presence of unpermitted facilities operating along an area in eastern
New Orleans referred to as the Almonaster Corridor.[Footnote 24]
According to LDEQ, illegal dumping along the corridor had been a
problem for many years prior to Katrina, but the amount of debris from
the hurricane exacerbated the problem greatly. With FEMA funding, EPA
acquired and loaned LDEQ surveillance cameras, which were installed at
various illegal dumping hot spots along the Almonaster Corridor. These
investigations revealed that the illegal dumping rate was increasing
and the material being dumped was consistent with hurricane-related
debris, such as building components, furnishings, white goods,
electronics, and vegetative waste. As a result, these agencies joined
with the Corps of Engineers and the Louisiana National Guard to perform
door-to-door inspections of all properties and facilities along this
roughly 5-mile by 1-mile area. Overall, the agencies inspected 178
sites and referred 147 to LDEQ's enforcement division. The violations
identified from these efforts included, but were not limited to, the
unauthorized disposal of solid waste, transporting solid waste to an
unauthorized location, and open burning of debris. LDEQ expects to
complete an overall summary of these efforts by the end of the summer
of 2008.
* As part of Operation Cleansweep, Corps of Engineers and EPA staff
inspected 20 potential wetland sites in the Almonaster Corridor to
determine if Katrina-related disaster debris had been dumped there
illegally and to identify any wetlands violations. Specifically,
section 404 of the Clean Water Act generally prohibits discharges of
dredged or fill material into waters of the United States without first
obtaining a permit from the Corps of Engineers. According to EPA, the
Corps of Engineers issued cease and desist orders to owners of five
sites that were in violation of section 404. According to EPA, the
Corps of Engineers reported that the illegal dumping was no longer
occurring at the five sites and one owner had begun site cleanup. EPA
officials also said that the Corps of Engineers is the lead agency in
wetlands violation cases as long as the property owner is cooperative,
which was the situation in these five cases.
[End of section]
Enclosure III: Actions by LDEQ and EPA in Response to Potential
Environmental Issues at the Gentilly Landfill:
The Gentilly C&D Landfill was constructed on top of a former municipal
waste landfill that operated from the early 1960s until the mid-
1980s.[Footnote 25] LDEQ's authorization of the use of this C&D
landfill located near hurricane-devastated areas in New Orleans has
been controversial because of the potential for long-term, negative
environmental impacts.[Footnote 26] For example, in October 2005, the
Louisiana Environmental Action Network filed suit against LDEQ,
challenging the decision to authorize the use of the Gentilly Landfill
for hurricane-related debris disposal.[Footnote 27] Also, as we
reported in 2007, studies conducted by an environmental engineering
firm and Louisiana State University raised concerns about debris
disposal at the Gentilly Landfill. These studies suggest that debris
disposal in landfills without appropriate safeguards could result in
the migration of contaminants, potentially causing pollution and
affecting public health and the environment.[Footnote 28] The studies
identified concerns about the potential discharge of leachate (water
that has come into contact with waste) into groundwater and surface
water from the Gentilly Landfill.[Footnote 29] In addition, a February
2006 draft report contracted by FEMA raised these and other
environmental issues. The Gentilly Landfill is also one of four
landfills currently authorized by a Louisiana emergency order to
receive C&D debris under a broadened definition that includes some
potentially hazardous materials, including furniture, carpeting,
painted or stained lumber from demolished buildings, and "incidental
asbestos-contaminated waste that cannot be extracted from the
demolition debris." As discussed in our prior report on Hurricane
Katrina, a draft 1995 report prepared for EPA (and cited by the agency
in its review of LDEQ's expanded C&D definition) identifies a number of
the debris components being allowed at C&D landfills under the
emergency order--including furniture and wood paints and stains--as
"problematic," even though these materials are not necessarily
classified as hazardous wastes under RCRA.[Footnote 30] Moreover,
studies by a Louisiana State University research institute and an
environmental engineering firm state that these categories of waste can
introduce hazardous materials into landfills, increasing the likelihood
of pollution. For example, wood treated with chromated copper arsenate
as a preservative can leach arsenic, which can cause problems with
circulatory systems and may increase cancer risk if ingested. Chromated
copper arsenate is often used to prevent termite infestation in areas
where termites are prevalent, such as New Orleans. Lumber with lead
paint also poses health hazards. Lead poisoning in children can cause
learning disabilities, impaired hearing, and behavioral problems, and
in pregnant women, it can result in adverse developmental effects in
fetuses. Even before Hurricane Katrina struck, concentrations of lead
as much as 10 times EPA's screening level were detected in soil samples
taken in New Orleans. In addition, some household furniture is treated
with fire retardants containing polybrominated diphenyl ethers,
carcinogens that have been found as environmental pollutants
accumulating in human breast milk and wildlife.
In authorizing the use of the Gentilly Landfill under the Hurricane
Katrina emergency order, LDEQ stated that it had considered alternative
sites and determined that the Gentilly site met state solid waste
requirements and was located near the bulk of the hurricane-generated
C&D debris. LDEQ further noted that diverting debris disposal to the
alternate landfills would increase waste-hauling time and expense and
exacerbate traffic problems, thereby hindering New Orleans's recovery.
Although EPA did not have a formal role in LDEQ's decision to authorize
the Gentilly Landfill, the agency has conducted oversight activities at
this and other landfills and provided technical support to LDEQ and
FEMA. For example, FEMA requested EPA to provide a technical analysis
and recommendation for the concurrent and continued use of the Gentilly
Landfill because of potential Superfund liability of the federal
agencies engaged in hurricane response for future cleanup of the
landfill. In response, EPA's review of the Gentilly site following its
authorization to receive Hurricane Katrina debris concluded that
current use of the landfill appeared to be consistent with the types
and volumes of wastes for which it was designed and permitted by the
state but noted that there is no way "to protect against future
Superfund liability absolutely, particularly for a landfill, whether
historic or modern, municipal or private."[Footnote 31]
To further assess concerns about disposing of hurricane-generated C&D
debris at the Gentilly Landfill, FEMA contracted with a consulting
firm, the National Infrastructure Support Technical Assistance
Consultants, to perform a study. According to a February 15, 2006,
letter from FEMA to EPA, the purpose of the study was to assist FEMA in
making decisions regarding the management of the debris stream
generated by Hurricanes Katrina and Rita. A February 2006 draft report
from this study listed concerns related to the landfill's subsurface
soils and groundwater and possible impacts on the environment from
placing new wastes over the old landfill[Footnote 32].
Specifically, the draft report recommended the following:[Footnote 33]
* additional geotechnical and hydrogeologic analysis;
* the installation of a groundwater monitoring system, a groundwater
sampling and analysis plan, and a detection monitoring program;
* an evaluation of the leachate generation potential from both the old
and new landfill;
* an evaluation of the new C&D landfill's waste disposal plan,
including a revised analysis of the "worst-case" impacts of the
settling of the C&D landfill to evaluate the integrity of the clay cap
covering the old landfill;
* running slope stability analyses for the C&D landfill;
* running preliminary calculations to estimate the quantity of "waters
of consolidation" produced and released under the old landfill's cap
during C&D debris disposal operations;
* installing and monitoring a landfill gas monitoring system, running
landfill gas generation calculations, and collecting and analyzing
landfill gas samples for volatile gas compounds; and:
* conducting a levee evaluation to estimate whether the adjacent Gulf
Intracoastal Waterway Levee is protective of the facility against a 100-
year flood.
Although LDEQ and EPA officials told us they had a some concerns about
the quality of the draft report and they disagreed with some of the
recommendations, LDEQ said that steps it took to settle the lawsuit
filed by the Louisiana Environmental Action Network also addressed many
of the draft report's recommendations. Specifically, on February 24,
2006, officials from FEMA, LDEQ, EPA, the Corps of Engineers, and
National Infrastructure Support Technical Assistance Consultants met to
discuss the concerns that had been raised regarding the Gentilly
Landfill. At this meeting, the officials agreed on a course of action
to address these concerns that focused on four operating parameters at
the landfill: (1) maximum daily debris load, (2) the placement and
sequencing of waste, (3) geotechnical monitoring, and (4) groundwater
monitoring.
After completing additional analyses and plans, on August 28, 2006,
LDEQ issued an administrative order to the city of New Orleans (the
owner of the landfill) and a related "Decision for Utilization of
Gentilly Landfill 'Type III' for the Disposal of Hurricane Generated
Debris" (or decision document) supporting the use of Gentilly for
receiving hurricane debris. The administrative order and decision
document called for the installation of 10 inclinometers,[Footnote 34]
11 groundwater monitoring wells, and 3 surface water sampling ports,
according to specifications outlined in a geotechnical investigation
and slope stability analyses, groundwater monitoring plan, and surface
water monitoring plan provided as attachments to the decision document.
LDEQ officials told us that although the administrative order and
decision document resulted from an agreement with the Louisiana
Environmental Action Network to settle its lawsuit regarding the
Gentilly Landfill,[Footnote 35] the steps outlined in the order
generally responded to the recommendations in the draft report by the
National Infrastructure Support Technical Assistance Consultants.
The first operating parameter agreed upon by LDEQ, EPA, and others
addressed maximum daily debris load. The August 2006 administrative
order specified that daily intake shall not exceed 50,000 cubic yards
and called for limiting the weekly intake of uncompacted C&D waste to
210,000 cubic yards initially and gradually increasing the weekly
intake to 280,000 cubic yards, provided inclinometer and visual
readings confirm the landfill stability. LDEQ relied on slope stability
analyses to arrive at this landfill parameter. According to LDEQ, an
initial slope stability analysis was conducted for Gentilly as part of
the landfill permitting process and is a regular component of the
permitting application. An additional slope stability investigation,
included as an attachment to the administrative order, was undertaken
for LDEQ in July 2006 by a third party firm and entailed additional
soil borings and laboratory analysis to determine the engineering and
physical properties of the subsurface soils. LDEQ officials told us
that daily debris intake was limited because LDEQ determined that
50,000 cubic yards per day is the maximum amount of debris that a C&D
landfill can safely manage and because analysis showed that accepting
this amount of debris each day would allow the underlying soil to get
stronger, or gain "shear strength," and support the weight of the
landfill without failing or becoming unstable. LDEQ officials told us
the Gentilly Landfill is currently receiving about 6,000 to 7,000 cubic
yards of debris each day. The officials said that although the
additional slope stability analysis was conducted as part of the
previously discussed lawsuit settlement, it also addressed the draft
National Infrastructure Support Technical Assistance Consultants'
recommendation that a slope stability analyses be performed for the
landfill.
The second operating parameter addressed the placement and sequencing
of waste. Under the August 2006 administrative order, debris is dumped
in a given disposal area until it reaches an elevation of no more than
25 feet; then the next debris disposal area is opened. This process is
repeated from one end of the landfill to the other, then back again.
LDEQ officials explained that this sequencing of waste is done at
landfills to make sure the soft soil under the waste does not fail and
create a problem with landfill stability. Slope stability analysis
conducted as part of the landfill permitting process and additional
analyses conducted in July 2006 also informed LDEQ's decision on the
elevation of waste placed in the landfill. According to LDEQ officials,
the process of disposing of waste is managed by landfill engineers, who
monitor elevations and determine when to move on to a new area. The
officials said if any stability concerns were identified by the
inclinometers installed at the site, LDEQ would take remedial action to
relieve the pressure by removing waste. So far, LDEQ has not had to
take remedial action, and the officials told us such action was
unlikely given the rate of debris disposal at the site. LDEQ officials
told us the actions taken under this operating parameter address the
draft National Infrastructure Support Technical Assistance Consultants'
recommendation to evaluate the landfill's waste disposal plan.
The third operating parameter addressed monitoring the integrity of the
landfill (geotechnical monitoring). In this regard, the administrative
order called for the installation of inclinometers along the southern
slope of the landfill based on the inclinometer installation and
monitoring plan that was developed for Gentilly and included as part of
the order. According to LDEQ officials, all 10 of the inclinometers
that the plan required were installed along the southern boundary of
the landfill, in accordance with plan specifications. The officials
also informed us that, based on quarterly landfill inclinometer
reports, there has been no significant movement in Gentilly's slope,
though the inclinometers were sensitive enough to pick up movement from
construction of an access road near the landfill. Officials said that
Gentilly is the only landfill out of about 50 in Louisiana that has
inclinometers and that this requirement--which goes beyond state and
federal regulations--was implemented in an effort to help settle the
previously mentioned lawsuit. Additionally, LDEQ officials said that
the inclinometers also addressed the draft National Infrastructure
Support Technical Assistance Consultants' recommendation that
additional geotechnical analysis was needed for the landfill.
And finally, the administrative order addressed the fourth operating
parameter--groundwater monitoring--by requiring the landfill to
implement the groundwater monitoring plan that was included with the
order. Among other things, the plan called for the installation of 11
groundwater wells around the landfill's perimeter and the installation
of 3 shallow surface water sampling ports. According to LDEQ officials,
all of the groundwater wells and surface water ports were installed and
met the plan specifications. LDEQ is testing groundwater for 62
chemicals, including arsenic, benzene, and lead; and surface water for
9 chemicals. The officials said the quarterly landfill sampling results
obtained to date have been within normal ranges, with the exception of
seven metals in groundwater samples and one metal in surface water
samples.[Footnote 36] According to LDEQ, additional testing showed that
metals were not present or detected at lower levels when soil sediment
was filtered out of the water. As such, LDEQ officials attribute the
metal levels to the surrounding soil sediment, which naturally contains
metals such as lead at levels of around 15 to 20 parts per million, and
stated they would continue to analyze all of the landfill's groundwater
and surface water sampling results to develop baseline data for future
use. The officials said that although the groundwater and surface water
monitoring conducted at the landfill was done to satisfy the lawsuit
settlement, it also addressed the draft National Infrastructure Support
Technical Assistance Consultants' recommendations regarding the
installation of a groundwater monitoring system, a groundwater sampling
and analysis plan, and a detection monitoring program.
LDEQ officials told us that several of the February 2006 draft report
recommendations had been previously addressed during the Gentilly
Landfill's permitting application process and also said they disagreed
with several of the recommendations. For example, LDEQ officials said
the agency disagreed with, and has not taken action to respond to, the
draft report's recommendations regarding landfill gas monitoring. LDEQ
officials cited three reasons for disagreeing with the draft report's
recommendations on landfill gas monitoring: (1) LDEQ generally does not
require landfill gas monitoring at C&D landfills; (2) gas is a product
of decomposition, and LDEQ's evaluations showed that the underlying
municipal waste was already decomposed; and (3) gas monitors are
typically installed if gas could be a health hazard or explosion
hazard, or if there is a concern about lateral gas movement underground
affecting neighboring populations. However, there are no residential
communities near the Gentilly Landfill. Further, LDEQ officials said
that the gas monitoring equipment worn by landfill workers, as required
by the Occupational Safety and Health Administration, detected no
emissions above Occupational Safety and Health Administration limits.
According to EPA, agency staff participated in meetings with LDEQ to
discuss the groundwater monitoring locations, screening depths,
intervals, constituents, and data analysis; funded some of the
geotechnical testing used in the slope stability analyses; and
discussed the analyses with LDEQ in relation to the maximum daily
debris load and debris sequencing parameters. In September 2006, EPA
reported to FEMA that it had reviewed LDEQ's administrative order,
decision document, and attached plans and concurred with the findings
and the approach taken on each of the four operating parameters for the
landfill. EPA officials said the agency has not had a direct role in
overseeing the implementation of the state administrative order.
However, the officials noted that EPA contractors continue to conduct
landfill observations at Gentilly and other landfills receiving the
greatest concentrations of hurricane debris.
Our June 2007 report underscored that EPA's guidance to states and
localities on planning for disposal of disaster debris is important in
helping ensure that hazardous materials are disposed of in landfills
with appropriate safeguards when disposal options that would not
otherwise be acceptable are used for disaster debris, thereby
preventing contaminants from migrating and causing air, water, and soil
contamination.[Footnote 37] Such guidance could help states and
localities consider the potential environmental impacts of debris
management accommodations that may be made in emergency situations if
affected areas are to be cleared of debris without causing adverse
public health effects in the future.
One potential example of a prior problem with hurricane debris is the
Agriculture Street Superfund site in New Orleans, which was a municipal
landfill from about 1909 until the late 1950s. During this period, oil
was used to burn the refuse at the dump, and during the 1940s and 1950s
the area was routinely sprayed with DDT.[Footnote 38] The landfill was
reopened after Hurricane Betsy in 1965 to receive debris from destroyed
buildings and ash from municipal incinerators. In the 1970s and
continuing into the late 1980s, portions of the site were developed
with private and public housing units, an elementary school, and a
community center. Following health concerns among residents in the
area, EPA initiated investigations at the site in 1986, ultimately
identifying elevated levels of lead, arsenic, and carcinogenic
polycyclic aromatic hydrocarbons--the primary contaminants of concern
identified in sediment tests following Hurricane Katrina. Analyses of
the health effects of these contaminants found at the Agriculture
Street Landfill led EPA to place the site on the Superfund National
Priorities List in 1994. Cleanup of the site, which primarily entailed
soil excavation, placement of clean cover and soil, and resodding, was
completed in 2001. As part of litigation involving EPA efforts to
recover its cleanup costs at the site, some private parties have argued
that the debris disposed of at the Agriculture Street Landfill in the
wake of Hurricane Betsy contained hazardous substances that contributed
to the contamination at the site.[Footnote 39] EPA officials told us
that after years of case development research and discovery the agency
has no evidence that hazardous substances were disposed of at the
Agriculture Street Landfill during the Hurricane Betsy response. The
parties recently settled the case in August 2008. Under the terms of
the consent decree, which recognized the city's difficult financial
circumstances, the city will pay no money but will perform certain in-
kind services, provide site access to EPA, and assist in the placement
of institutional controls.
We recommended in June 2007 that EPA provide more detailed guidance to
state and local entities on managing debris disposal following
disasters to better ensure protection of public health and the
environment and prevent the creation of future Superfund sites. We
noted that such guidance might have helped Louisiana avoid some of the
controversies and lawsuits it faced as a result of its emergency debris
management decisions in New Orleans. As discussed in enclosure I, EPA
did update its 1995 guidance on managing disaster debris disposal in
March 2008.
[End of section]
Enclosure IV: Other Hurricane Katrina Debris-Related Areas of Interest:
Following is a discussion of the status of the Chef Menteur Landfill in
New Orleans, an EPA disaster debris-reduction pilot project in St.
Bernard Parish, and a debris provision in the Water Resources
Development Act.
Status of the Chef Menteur Landfill. Another landfill that generated
controversy when LDEQ approved its use as a C&D landfill under
emergency authority in April 2006 is the Chef Menteur Landfill, located
near a minority residential community and a national wildlife refuge.
An environmental study identified concerns about the potential
discharge of leachate (water that has come into contact with waste)
into the wetlands surrounding the Chef Menteur Landfill. Although the
landfill was closed in August 2006, LDEQ subsequently received numerous
citizen complaints regarding odors from the site. According to LDEQ,
because of the concerns raised, the agency undertook a comprehensive
sampling of air, water, and soil cover at the landfill in November
2007. Air samples were collected both at the landfill and a nearby
community center, and the results indicated no exceedances of either
state or federal regulations. Water samples collected from an open
excavation next to the landfill that contained runoff from the site did
not detect any volatile organic compounds or metal samples. However,
the results did show some constituents that exceeded the site's
discharge limits.[Footnote 40] According to LDEQ, no water has been
discharged from the landfill, including the open excavation site.
However, they said that the owners of Chef Menteur would be required to
provide some type of treatment for these constituents if they were
discharged into the surrounding area. Final closure activity cannot
commence at Chef Menteur until, among other things, the Corps of
Engineers issues a permit required under the Clean Water Act. According
to LDEQ, as of the end of May 2008, the Corps of Engineers had not
provided a time frame for the issuance of the permit. There are several
pending lawsuits that could affect the nature and timing of the
landfill closure.
Disaster debris reduction pilot in St. Bernard Parish. EPA conducted a
disaster debris pilot project in St. Bernard Parish in June 2008 to
evaluate methods for reducing large volumes of debris from Hurricane
Katrina. The pilot studied the use of a thermal treatment process,
known as an air curtain burner, as an option to expedite debris removal
in a cost-effective and environmentally sound manner. Vegetative and
C&D debris that does not contain regulated asbestos-containing material
was used during the project, which was conducted at the Paris Road
debris staging site in St. Bernard Parish. According to an EPA
official, the site used for the pilot is a closed landfill in a remote
part of the parish.
This pilot was originally planned to test methods for disposing of
regulated asbestos-containing material. The two planned methods to be
evaluated involved (1) grinding asbestos-containing waste material from
homes and (2) burning asbestos-containing waste material from homes in
the air curtain burner. However, the asbestos pilot projects became
controversial in part because of community concerns. EPA has
acknowledged that an error in its risk estimate of the potential health
effects of exposure to asbestos related to the pilot was a factor in
the decision to exclude asbestos-containing material for the revised
pilot. The new pilot was limited to the burning of vegetative and C&D
debris and was redesigned to specifically exclude regulated asbestos-
containing material.
Water Resources Development Act debris provision. A provision of the
Water Resources Development Act of 2007 prohibits federal funding of
the disposal of waste that does not meet federal C&D debris guidelines
in Louisiana C&D landfills.[Footnote 41] However, federal regulations
do not specifically define C&D debris, instead stating that a C&D
landfill "typically receives any one or more of the following types of
solid wastes: roadwork material, excavated material, demolition waste,
construction/renovation waste, and site clearance waste."[Footnote 42]
While the Louisiana definition is more stringent than federal
guidelines, under the emergency order still in effect in five parishes,
the debris that C&D landfills can receive includes some potentially
hazardous materials that normally would not be allowed in unlined C&D
landfills under Louisiana's regulations.[Footnote 43] In August 2006,
EPA Region 6 reviewed LDEQ's C&D debris definition under the emergency
order and determined that the types of waste "seem consistent with what
EPA identifies as material typically sent to a C&D landfill." While
LDEQ officials acknowledged that the provision has therefore not
impacted debris disposal operations, EPA and LDEQ officials emphasized
that C&D disposal practices in Louisiana have complied with the
provisions of the Water Resources Development Act of 2007.
Enclosure V: Comments from the Environmental Protection Agency:
Note: GAO comments supplementing those in the report text appear at the
end of this enclosure.
United States Environmental Protection Agency:
Region 6:
1445 Ross Avenue, Suite 1200:
Dallas, TX 75202-2733:
Internet Address (URL) - [hyperlink, http:www.epa.gov/earthlr6/]:
August 15, 2008:
Ms. Christine Fishkin:
Assistant Director, Natural Resources and Environment:
U.S. Government Accountability Office:
441 G Street, N.W.:
Washington, DC 20548:
Dear Ms. Fishkin:
Thank you for the opportunity to comment on the "Draft Report on GAO's
Review of Hurricane Katrina Debris Removal and Disposal Issues." EPA
and GAO have developed a productive working relationship through this
and previous Hurricane Katrina and Rita reviews. We are proud of our
contributions to this unprecedented natural disaster recovery and the
progress we have made in our preparedness and response operations in
light of our experience with Hurricane Katrina. Some of these changes
in response operations address comments made by GAO in 2007. GAO
recognized and mentioned these improvements in this draft report. A
separate response from EPA Headquarters will address GAO's previous
recommendations.
In regards to this recent Draft GAO report, EPA generally agrees with
the information contained in the document. However, we have some
recommended additions and revisions. These recommendations are
summarized below:
1. EPA recommends that GAO eliminate the statements on pages 6, 8, 10,
13, 28 and 39 where the report mentions that the State of Louisiana's
emergency order broadens the State's definition of construction and
demolition debris (C&D) and allows for some "potentially hazardous
materials" to be disposed of in C&D landfills rather than in landfills
with liners approved for such waste. These misleading statements guide
the reader to infer that the C&D definition under the Louisiana
emergency order is inconsistent with federal requirements. However, as
mentioned in the report on page 39, EPA reviewed the definition under
the emergency order and determined that the types of waste seem
consistent with what EPA identifies as material typically sent to a C&D
landfill. Furthermore, the use of the term "potentially hazardous
material" is also misleading. For example, EPA is unaware of any
document that describes furniture and/or carpet as a "hazardous
material." Therefore, EPA recommends that these statements be
eliminated from the report.
2. A discussion of oversight practices begins on page 17 of the GAO
report. In this section there are discussions on Landfill Observations,
Demolition Observations and asbestos monitoring at demolition sites.
Since this is a report concerning debris activities, the following
language should be added at the beginning of this section.
EPA provided assistance to the State of Louisiana via FEMA tasking.
These assistance activities resulted in the establishment of several
mechanisms to help ensure the proper sorting of debris prior to
disposal. Below is a summary of these mechanisms:
* Education through the distribution of flyers that identified the
proper categories of segregation.
* Additional curbside segregation during collection activities. These
efforts were closely coordinated with the appropriate Emergency Support
Function (ESF) 3 party responsible for general debris (i.e., USAGE or
local governments).
* EPA and USAGE oversight of curbside collection activities conducted
by response contractors.
* Landfills also posted signs identifying the type of waste that the
landfill could accept.
* Inspection towers were in place to inspect loads of debris prior to
their entrance into the landfill.
* Landfill operators also had landfill spotters that worked the
landfill and watched the loads as they were being placed in the
landfill.
* The landfill machine operators also reviewed the material as it was
being pushed into the landfill.
* The landfill operators maintained logs of rejected loads and kept a
roll-off container to place unauthorized waste that was found through
these precautions at the landfill. This waste was then disposed of at a
proper facility off-site.
* LDEQ and EPA performed landfill observations which are discussed in
more detail below.
See comment 2.
3. The discussion in the report on pages 35 and 36 regarding the
Agriculture Street Landfill omits significant details, contains
inaccuracies and suggests inferences unwarranted by the underlying
facts. Specifically, the report's attempt to correlate the conditions
associated with the Agriculture Street Landfill and the activities at
current C&D landfills is not supported by facts. EPA conducted an
extensive investigation into the material placed in the Agriculture
Street Landfill and could not conclude that the 1965 Hurricane Betsy
C&D debris contributed to the hazardous substances found in the
landfill. Therefore, it is inaccurate to describe the Agriculture
Street Landfill as an example of a prior problem with hurricane debris.
See comment 3.
In addition, the paragraph as written invites the reader to infer that
the Hurricane Katrina generated sediment contained potentially
dangerous levels of lead, arsenic, and PAHs, but the inference is not
supported by EPA's specific findings concerning Hurricane Katrina
sediment. EPA did not detect lead, arsenic, and PAHs in Hurricane
Katrina sediment above health-based levels. Due to these inaccuracies,
this paragraph should be removed from the report.
See comment 3.
Should you need additional information or clarifications related to our
comments, please contact Sam Coleman, Director, Superfund Division at
214-665-6701.
Sincerely yours,
Signed by:
Richard E. Greene:
Regional Administrator:
Enclosure:
GAO Comments:
1. We disagree with EPA's comment that our report "guides the reader to
infer" that Louisiana's C&D definition is inconsistent with federal
requirements. In fact, as EPA points out, we state in the draft report
that EPA Region 6 reviewed LDEQ's C&D debris definition under the
emergency order and determined that the types of waste "seem consistent
with what EPA identifies as material typically sent to a C&D landfill."
This statement is included in both the Overview section and the body of
the draft and final reports. We also disagree with EPA's comment that
the use of the term "potentially hazardous material" is misleading and
are puzzled by its statement that the agency is not aware of any
document that describes furniture and/or carpet as a hazardous
material. For example, when EPA reviewed LDEQ's C&D debris definition
under the emergency order, the agency referred to a 1995 report
prepared for EPA entitled "Construction and Demolition Waste
Landfills," which provided information about the variety of materials
disposed of in C&D landfills. In this draft report, carpeting and
furniture were listed as "problematic items," as were wood paints and
stains, among other items. Furthermore, the report stated that many C&D
wastes contain "inseparable hazardous constituents" and as examples
cited "carpeting that can leach formaldehyde and treated or coated wood
and wood products." Additionally, as we reported in our June 2007
report on EPA's Hurricane Katrina activities, studies by a Louisiana
State University research institute and an environmental engineering
firm state that these categories of wastes can introduce hazardous
materials into landfills, increasing the likelihood of pollution. For
example, wood treated with chromated copper arsenate as a preservative
can leach arsenic, which can cause problems with circulatory systems
and may increase cancer risk if ingested. Chromated copper arsenate is
often used to prevent termite infestation in areas where termites are
prevalent, such as New Orleans. Lumber with lead paint also poses
health hazards. Lead poisoning in children can cause learning
disabilities, impaired hearing, and behavioral problems, and in
pregnant women, it can result in adverse developmental effects to
fetuses. Even before Hurricane Katrina struck, concentrations of lead
as much as 10 times EPA's screening level were detected in soil samples
taken in New Orleans. In addition, some household furniture is treated
with fire retardants containing polybrominated diphenyl ethers,
carcinogens that have been found as environmental pollutants
accumulating in human breast milk and wildlife. In response to EPA's
comment, we are adding this information from our prior report to the
body of this report.
2. As stated in our draft report, this review focuses on EPA's and
LDEQ's 2007 and 2008 debris-related Hurricane Katrina response
activities in the New Orleans area. Further, in the draft and final
reports, we refer readers to our 2007 report that cover's EPA's Katrina
response activities from August 2005 through June 2007, including EPA's
actions as the coordinator of emergency support for the oil and
hazardous materials response. We did not add the detailed text that EPA
proposed about EPA's debris-related activities because it includes
activities from the earlier years not addressed in the draft report. We
did, however, add a footnote in the report section cited by EPA to
remind readers that the prior report, Hurricane Katrina: EPA's Current
and Future Environmental Protection Efforts Could be Enhanced by
Addressing Issues and Challenges Faced on the Gulf Coast (GAO-07-651),
also discusses EPA's debris-related activities.
3. We continue to believe there are lessons that can be learned from
the Agriculture Street Landfill, which was--like the Gentilly Landfill-
-reopened on top of a former municipal landfill after a hurricane. (The
Agriculture Street Landfill was reopened after Hurricane Betsy hit New
Orleans in 1965.) In both cases, the closed municipal landfills had
operated prior to the enactment of the Resource Conservation and
Recovery Act in 1976. In the draft report, we excerpted information
about the Agriculture Street Landfill that we provided in our prior
report on Hurricane Katrina (GAO-07-651). EPA stated that the draft
report omits significant details and requested that the paragraph be
removed from the report. Alternatively, to address EPA's concerns, we
are including the entire discussion of this landfill that was included
in the prior report. This text was reviewed by EPA prior to the
issuance of our 2007 report and reflects changes we made in response to
the agency's comments on this section at that time. We do not agree
with EPA that the information contains inaccuracies and "suggests
inferences unwarranted by the underlying facts." Finally, EPA stated
that the paragraph in the draft report on the Agriculture Street
Landfill "invites the reader to infer" that Hurricane Katrina generated
sediment containing "potentially dangerous levels" of lead, arsenic,
and polycyclic aromatic hydrocarbons (PAH). We disagree. In our draft
report, we state that these were the primary contaminants of concern
identified in EPA's sediment tests following Hurricane Katrina. That
these same contaminants were identified at elevated levels based on EPA-
initiated investigations at the Agriculture Street Landfill site in
1986 is a matter of record.
[End of section]
Enclosure VI: Comments from the Louisiana Department of Environmental
Quality:
Note: GAO comments supplementing those in the report text appear at the
end of this enclosure.
State of Louisiana:
Department Of Environmental Quality:
Office Of The Secretary:
Post Office Box 4301:
Baton Rouge, Louisiana 70821-4301:
Phone 225-119-3953:
Fax 225-219-3971:
[hyperlink, http://www.dcq.louisiana.gov]:
Bobby Jindal:
Governor:
Harold Leggett, Ph.D.:
Secretary:
August 14, 2008:
John B. Stephenson:
Director. Natural Resources and Environment:
General Accounting Office:
441 G St. NW, Room 2075:
Washington. DC 20548:
Re: Draft Report of GAO's Review of Hurricane Katrina debris Removal &
Disposal Dear Mr. Stephenson:
The Louisiana Department of Environmental Quality (LDEQ) has reviewed
the draft report of GAO's review of LDEQ's Hurricane Katrina debris
removal and disposal activities. LDEQ has the following comments in
response to the report:
Comment on Page 6, 13, and 29: The incidental mixture of "construction
and demolition debris with asbestos- contaminated waste" should read
asbestos containing waste.
See comment 1.
Regarding the "slow" pace of demolitions, first paragraph, Page 7:
Categorizing the pace of demolitions as slow is an artifact of the time
period selected and does not account for the types of demolitions being
conducted and the obstacles which must he overcome to complete them.
See comment 2.
Although Hurricane Katrina occurred on August 29, 2005, demolitions did
not begin until March 2006. Almost all of the early demolitions were
voluntary i.e. the homeowner gave permission for the demolition. As a
result about 12,000 residential demolitions had been completed by
February 2007.
However, the processing of houses that have to be condemned takes much
longer. The public notice requirements alone extend the process for
each demolition by 30 to 60 days. Also, FEMA required that the Parishes
take over the management of the demolitions which required re-bidding
contracts which resulted in a three to five month lull in demolitions
until the new contractors were in place.
As a result due to the transition in the management of the demolitions
from U.S. Army Corps of Engineers to the parish only about 1,000
demolitions were done from March 2007 till May 2008. However, over the
past few months the demolition rate has increased and the total number
of demolitions as of August 1, 2008, exceeds 16,000.
Comment on Page 8 "one of four landfills currently authorized by
emergency order to receive C&D debris under a broadened definition that
includes some potentially hazardous materials:
It is important to note that the Gentilly landfill was permitted before
the storms. The statement could be interpreted as LDEQ deliberately
allowed the disposal of hazardous material at these landfills. In
reality, the unprecedented multi layer waste inspections, waste
segregations and recycling efforts in the field were testament to LDEQ
and its partners' commitments to prevent hazardous materials being
disposed at landfills.
See comment 3.
Comment on Page 9 regarding the installation of additional groundwater
monitoring:
There are no regulatory requirements for groundwater monitoring for C&D
landfills.
See comment 4.
Regarding the EPA's No Action Assurance (NAA) Letters and the impact to
the Hurricane Katrina Response (Page 15): The EPA has promulgated Clean
Air Act regulations, the National Emission Standards for Hazardous Air
Pollutants (NESHAP), which address the control of asbestos emissions.
These regulations are mirrored by the Louisiana Emission Standards for
Hazardous Air Pollutants (LESHAP). Both NESHAP and LESHAP allow for the
demolition of houses that are structurally unsound and in imminent
danger without the removal of asbestos prior to the demolition.
See comment 5.
The EPA's No Action Assurance (NAAs) letters allow certain other
categories of houses that were seriously damaged by Hurricane Katrina
to be demolished under the same regulations provided that a strict
protocol is followed. This protocol is designed to prevent air
emissions from the demolition activity and the handling and disposal of
the demolition debris. The effectiveness of the protocol has been
verified by the results of air monitoring at thousands of demolition
sites by both the contractors conducting the demolitions and the EPA
through its perimeter air monitoring efforts.
Although the regulatory flexibility provided by the NAAs is relatively
minor, the impact to the recovery effort has been enormous. If the NAAs
were not in effect, the Regulated Asbestos Containing Materials would
have been required to be removed prior to the demolition. This means
that a demolition which would require less than a day to complete under
the NAA would instead take three to four days.
FEMA estimates that, as of July 25, 2008, 16,910 houses have been
demolished with 6,092 awaiting demolition. Without the NAA letters,
these numbers would likely be reversed and the public would have been
exposed to a potentially greater public health and safety hazard from
almost 17,000 abandoned houses awaiting demolition.
See comment 6.
Comments on Observations at Demolition Sites, Page 20: LDEQ and EPA
have observed demolition activities at more than 8,500 residences
since.EPA began assisting with this effort on October 21, 2006,
conducting more than 7,500 demolition observations through July
2008.EPA has conducted more than 830 floor tile demolition observations
through July 2008.
Comments on Monitoring Asbestos Emissions at Demolition Sites: None of
the samples taken at demolition sites have exceeded EPA's health
screening level for asbestos concentrations. The one case where EPA
thought that this had occurred was found to be due to a
misinterpretation of the results of the sampling analysis.
See comment 7.
Comment on Page 36:
It is not a fair comparison of debris management undertaking after
hurricane Betsy in 1965 and the LDEQ's response to hurricanes Katrina
and Rita in 2005. To our knowledge, there were no environmental
regulations in effect in 1965 to prevent Agriculture Street from
becoming a superfund site.
See comment 8.
The LDEQ appreciates the opportunity to comment on the report. If you
have any questions regarding these comments, please contact Lourdes
Iturralde at 225-219-3712.
Sincerely,
Signed by:
Vladimir Alex Appeaning, Ph.D:
Deputy Secretary:
c: Kirk Menard, Senior Analyst:
GAO:
GAO Comments:
1. LDEQ requested that we replace the term "construction and demolition
debris with asbestos-contaminated waste" with the term "asbestos
containing waste." We did not make this change because, as indicated in
the draft and final reports, we are quoting the language in LDEQ's
Hurricane Katrina Emergency Orders, including the current order that is
in effect until August 29, 2008.
2. We agree that there are obstacles that must be overcome before a
home can be demolished. And while we understand there was a lull in
between when the U.S. Army Corps of Engineers ceased demolitions and
the parishes took over the management of the demolitions, it is not
unreasonable to believe that local governments should have anticipated
taking over this responsibility at some point. We have updated our
report with the revised FEMA demolition numbers provided by LDEQ but
believe that the pace of demolitions continues to be slow.
3. LDEQ commented that it is important to note that the Gentilly
Landfill was permitted before the storms. Our draft and final reports
state that LDEQ "issued a permit in December 2004 authorizing the
Gentilly Landfill to receive and dispose of C&D debris and wood
wastes."
4. Regarding our statement about the "additional groundwater
monitoring" at the Gentilly Landfill, LDEQ commented that there are no
regulatory requirements for groundwater monitoring for C&D landfills.
We used the word "additional" to reflect that the number of water
monitors at Gentilly was increased. We do not believe that describing
the use of such monitors at the landfill suggests that the monitors are
required by regulation.
5. LDEQ emphasized the importance of EPA's no action assurance letters
in completing home demolitions. In response, we revised the report to
include LDEQ's statement that the no action assurance letters
significantly helped the recovery effort by allowing demolition without
the prior removal of regulated asbestos-containing materials, reducing
by 2 or 3 days the time required to demolish homes. We also updated our
report with the revised demolition numbers provided. However, we note
that LDEQ's letter also provided explanations for the slow place of
demolitions that are independent of the regulatory flexibility provided
by no action assurances--namely, the lengthy house condemnation process
and the lull in demolitions that occurred after FEMA required the
parishes, rather than the U.S. Army Corps of Engineers, to manage the
demolitions. We continue to believe that important factors should be
carefully weighed in considering extensions beyond the 3-year
anniversary of Hurricane Katrina on August 29, 2008--including the
possible culmination of FEMA-funded EPA support in conducting oversight
of landfill operations and demolitions in the New Orleans area.
6. LDEQ provided updated information on LDEQ and EPA observations at
demolition sites, and we have revised the report to reflect information
from LDEQ and EPA.
7. LDEQ provided a clarification about the asbestos samples taken at
demolitions. We have revised our report with information from LDEQ and
EPA.
8. We continue to believe there are lessons that can be learned from
the Agriculture Street Landfill, which was--like the Gentilly Landfill-
-reopened on top of a former municipal landfill after a hurricane. In
1994, this landfill became the Agriculture Street Superfund Site. As
previously discussed with LDEQ officials, our draft and final reports
reflect the fact that the activities that occurred at the landfill
(during the 1940s and 1950s) occurred before the enactment of federal
regulations governing landfills.
[End of section]
Footnotes:
[1] Congressional Research Service, Disaster Debris Removal After
Hurricane Katrina: Status and Associated Issues, RL33477 (Apr. 2,
2008).
[2] While EPA may review approved state subtitle D permit programs and
withdraw approval of state programs it determines do not meet the
national minimum requirements, EPA officials told us the agency has
never withdrawn approval of a state subtitle D permit program.
[3] The Stafford Act authorizes FEMA and other federal agencies to
clear debris and wreckage resulting from a major disaster from publicly
and privately owned lands and waters, as well as authorizes grants to
any state or local government for the purpose of removing debris. 42
U.S.C. § 5173(a). Action taken or assistance provided under this
provision does not constitute a major federal action significantly
affecting the quality of the human environment within the meaning of
the National Environmental Policy Act of 1969. 42 U.S.C. § 5159.
[4] See GAO, Hurricane Katrina: EPA's Current and Future Environmental
Protection Efforts Could Be Enhanced by Addressing Issues and
Challenges Faced on the Gulf Coast, GAO-07-651 (Washington, D.C.: June
25, 2007), which covers EPA's Katrina response activities from August
2005 through June 2007 and included EPA's actions as the coordinator of
emergency support for the oil and hazardous materials response.
[5] State of Louisiana Department of Environmental Quality, Second
Amended Declaration of Emergency and Administrative Order, Hurricane
Katrina and its Aftermath, Appendix D, page 24 (Nov. 2, 2005).
[6] The Corps of Engineers managed FEMA-funded demolitions in a number
of parishes prior to ending its Katrina response activities in
September 2007. The majority of home demolitions have occurred in
Orleans and St. Bernard Parishes. Notably, St. Bernard Parish has
managed building demolitions throughout the entire Hurricane Katrina
response without the assistance of the Corps of Engineers.
[7] LDEQ issued a permit in December 2004 authorizing the Gentilly
Landfill to receive and dispose of C&D debris and wood wastes. The
landfill started accepting C&D waste after Hurricane Katrina.
[8] Section 404 of the Clean Water Act generally prohibits discharges
of dredged or fill material into waters of the United States without
first obtaining a permit from the Corps of Engineers.
[9] GAO-07-651.
[10] The current state emergency order includes the following footnote:
"This provision is, and in prior Declarations of Emergency and
Administrative Orders has been, intended to provide an authorized
deviation from the definition of "Construction/Demolition Debris"
provided in LAC 33:VII.115. Any Asbestos Containing Waste Material
subject to regulation under the Air Quality Regulations (Louisiana
Emission Standards for Hazardous Air Pollutants [LESHAP - LAC
33:III.5151] or the National Emission Standard for Hazardous Air
Pollutants [NESHAP 40 CFR 61.140 et. seq] shall be managed and disposed
of in accordance with the standards established therein as provided in
the protocols established in Appendix D."
[11] LAC 33:VII.115.
[12] The eight parishes are Iberville, Jefferson, Orleans, Plaquemines,
St. Bernard, St. Charles, St. Tammany, and Washington. Iberville parish
is located southwest of Baton Rouge. The remaining parishes are in the
New Orleans and surrounding areas.
[13] The six parishes are Iberville, Jefferson, Orleans, Plaquemines,
St. Bernard, and St. Tammany.
[14] EPA first issued no action assurance letters for these asbestos
requirements in February 2006. Additional no action assurance letters
were issued in February 2007, September 2007, and December 2007.
[15] EPA, Assessing Asbestos Emissions at Regulated Asbestos-Containing
Material (RACM) Demolition Sites in Katrina/Rita Response-Quality
Assurance Project Plan (Sept. 13, 2007). The plan directs that sampling
locations will be on public right-of-ways that do not exceed 100 feet
upwind and downwind from the demolition and states that, on average,
one demolition per day will be sampled. EPA developed a risk-based
screening level for asbestos concentrations observed during the
response to Hurricanes Katrina and Rita, using EPA's cancer risk
methodology and assuming a 1-year continuous inhalation exposure. The
data collected are intended to supplement and complement Occupational
Safety and Health Administration data obtained by the Corps of
Engineers and contractors.
[16] GAO-07-651.
[17] EPA also provided other debris-related assistance to Louisiana
which we discussed in our prior report on EPA's Katrina actions (GAO-
07-651).
[18] Through May 15, 2008.
[19] EPA first issued no action assurance letters for these asbestos
requirements in February 2006. An additional no action assurance letter
was issued on February 29, 2008, stating that EPA will not enforce
these asbestos requirements in five New Orleans area parishes through
August 29, 2008.
[20] According to LDEQ, a demolition site can have more than one
observation visit. For example, if a demolition of a property lasts 3
days, three observations are generally conducted to document the
demolition.
[21] According to LDEQ, the first Katrina-related enforcement actions
were issued in March 2006.
[22] The primary purpose of the inspection, referred to by LDEQ as a
"start-up inspection," was to renew the facility's permit.
[23] The April 2007 LDEQ enforcement action also reported that state
inspections in November 2006, December 2006, January 2007, and February
2007 also found these violations.
[24] The Almonaster Corridor is located in eastern New Orleans and is
bounded by the Innerharbor Navigation Canal on the west, the
Intracostal Waterway on the south, Interstate 510 on the east, and Chef
Highway on the north. The area is about 5 miles long and about 1 mile
wide.
[25] The practice of placing one landfill on top of another has been
used throughout the country and utilizes the existing cover system over
the closed landfill as a liner system for the landfill on top.
[26] LDEQ, the entity in Louisiana with primary responsibility for
solid waste disposal under RCRA subtitle D, issued a permit in December
2004 authorizing the Gentilly Landfill to receive and dispose of C&D
debris and wood wastes.
[27] Louisiana Environmental Action Network v. Louisiana Department of
Environmental Quality, No. 537, 649, Section 8 (La. 19th Judicial
Dist.)
[28] G.F. Lee, Summary of Findings on the Environmental Impacts of the
Proposed C&D Landfill on Top of the Closed Gentilly Landfill (February
2006); and John H. Pardue, Director, Louisiana Water Resources Research
Institute, Louisiana State University, Anticipating environmental
problems facing hurricane debris landfills in New Orleans East
(undated).
[29] One of the studies also raised concerns about debris disposal at
another landfill (Chef Menteur), which we discuss in enclosure IV.
[30] ICF, Inc., Construction and Demolition Waste Landfills (draft
document prepared for the EPA Office of Solid Waste, 1995).
[31] EPA, Potential Federal CERCLA Liability for use of the Gentilly
Landfill for debris operations from Hurricane Katrina, FEMA-1603-DR-LA,
ESF#10 Task Order (New Orleans, L.A., Nov. 11, 2005).
[32] The February 14, 2006, draft National Infrastructure Support
Technical Assistance Consultants' study, Potential Impact by the Old
Gentilly Landfill on the Environment Due to the Placement of the New
Type III C&D Landfill-Document Review (FEMA-1603-DR-LA, ESF#10 Task
Order), was not finalized. In April 2006, FEMA reported to EPA that it
suspended further activities on the study because of an expected LDEQ
decision document on Gentilly that was subsequently issued in August
2006.
[33] The draft report made 13 recommendations that we have aggregated
into 8 on the basis of the topics addressed.
[34] According to LDEQ officials, inclinometers are instruments used to
measure the horizontal movement of the landfill, an indicator of the
stability of the landfill's slope.
[35] In February 2006, LDEQ and the Louisiana Environmental Action
Network reached a settlement providing that LDEQ would, among other
things, (1) limit the daily waste intake at Gentilly to 19,000 cubic
yards per day until LDEQ issued a formal decision document authorizing
Gentilly to accept hurricane-related debris, (2) include in the
decision document an analysis of the effects of waste disposal at
Gentilly on nearby levees, (3) develop groundwater and surface water
monitoring plans for the landfill, and (4) require spotters to be
present on the face of the landfill during operation of the facility.
[36] According to LDEQ, barium, cobalt, copper, lead, nickel, vanadium,
and zinc were detected in groundwater samples and zinc was detected in
surface water samples.
[37] GAO-07-651.
[38] These activities occurred before the enactment of federal
regulations governing landfills.
[39] United States v. City of New Orleans, et al, Civil Action No. 02-
3618, Section E, Magistrate 3 (E.D. La.)
[40] Biochemical oxygen demand and total suspended solids water sample
results from the open excavation next to Chef Menteur were the
constituents that exceeded the landfill's discharge limits.
[41] Specifically, the provision states that "no Federal funds may be
used to pay for or reimburse any state or local entity in Louisiana for
the disposal of C&D debris generated as a result of Hurricane Katrina
in 2005 in a landfill designated for C&D debris as described in section
257.2 of title 40, Code of Federal Regulations, unless that waste meets
the definition of C&D debris, as specified under Federal law and
described in that section." Pub. L. No. 110-114, § 4101(c), 112 Stat.
1189 (2007).
[42] 40 C.F.R. § 257.2.
[43] Although C&D landfills are not required to have liners,
Louisiana's environmental regulations for these landfills state that
these facilities shall have natural stable soils of low permeability
for the area occupied by the landfill. According to the regulation,
this soil requirement will provide a barrier to prevent surface spills
from penetrating into groundwater aquifers underlying the area, or to a
sand or other water-bearing stratum, that would provide a conduit to
such aquifers (LAC 33:VII.719,D.1.)
GAO's Mission:
The Government Accountability Office, the audit, evaluation and
investigative arm of Congress, exists to support Congress in meeting
its constitutional responsibilities and to help improve the performance
and accountability of the federal government for the American people.
GAO examines the use of public funds; evaluates federal programs and
policies; and provides analyses, recommendations, and other assistance
to help Congress make informed oversight, policy, and funding
decisions. GAO's commitment to good government is reflected in its core
values of accountability, integrity, and reliability.
Obtaining Copies of GAO Reports and Testimony:
The fastest and easiest way to obtain copies of GAO documents at no
cost is through GAO's Web site [hyperlink, http://www.gao.gov]. Each
weekday, GAO posts newly released reports, testimony, and
correspondence on its Web site. To have GAO e-mail you a list of newly
posted products every afternoon, go to [hyperlink, http://www.gao.gov]
and select "E-mail Updates."
Order by Mail or Phone:
The first copy of each printed report is free. Additional copies are $2
each. A check or money order should be made out to the Superintendent
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or
more copies mailed to a single address are discounted 25 percent.
Orders should be sent to:
U.S. Government Accountability Office:
441 G Street NW, Room LM:
Washington, D.C. 20548:
To order by Phone:
Voice: (202) 512-6000:
TDD: (202) 512-2537:
Fax: (202) 512-6061:
To Report Fraud, Waste, and Abuse in Federal Programs:
Contact:
Web site: [hyperlink, http://www.gao.gov/fraudnet/fraudnet.htm]:
E-mail: fraudnet@gao.gov:
Automated answering system: (800) 424-5454 or (202) 512-7470:
Congressional Relations:
Ralph Dawn, Managing Director, dawnr@gao.gov:
(202) 512-4400:
U.S. Government Accountability Office:
441 G Street NW, Room 7125:
Washington, D.C. 20548:
Public Affairs:
Chuck Young, Managing Director, youngc1@gao.gov:
(202) 512-4800:
U.S. Government Accountability Office:
441 G Street NW, Room 7149:
Washington, D.C. 20548:
