Three related questions have been combined for response: 1) Evergreen has a specific charge, which you are pursuing in a professional and rigorous way. But you are still governed by that definition. How can we work together to make that real in this case in Philadelphia? Every violation of EJ involves different agencies acting narrowly and ignoring the big picture as not their job. Please work with us to change that here. 2) EPA does not define environmental justice – especially when it’s long been an agency accused of environmental racism itself. The movement defined it in the 17 Principles of Environmental Justice here: https://protect-us.mimecast.com/s/bruECkRKRRf1E6AC8LqL7 – principle #7 is particularly relevant. 3) Here is the EPA definition of Environmental Justice. To the best of my knowledge it has not been revoked. Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. EPA has this goal for all communities and persons across this nation. It will be achieved when everyone enjoys the same degree of protection from environmental and health hazards, and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.

Throughout the Remedial Investigation Phase of our Act 2 requirements, we have continued to involve the public in various ways and remain committed to finding ways to meaningfully engage the public in future meetings, both in our own public meetings and through participation in Hilco community meetings. We have not and will not intentionally discriminate against any group of people in our public... read more

With the closing of PES an opportunity to restore wetland habitat to the river shouldn’t be overlooked. Wetlands purify water and remove contaminants. They also provide habitat for wildlife. And wildlife habitat with accessibility attracts people and helps expose kids to ecology. With that being said – Parcel AOI-10, the West Yard, is just downstream from Bartram’s Gardens and is cutoff from the PES facilities on the eastern banks of the river. While river access for barges or boats may be attractive for the future development, creating habitat along the banks of the river, will not only clean and beautify the area, but could also protect the redevelopment from flooding or water damage.

It is Evergreen’s understanding that there is no planned development for AOI-10 West... read more

Evergreen has described petrochemical recovery results. But information has not been provided about how contamination conditions have changed over time or what the current situation is. Hilco plans to replace the existing systems, but no information has been provided as to what or why such replacement is appropriate.

Remediation systems are reviewed in the Remedial Investigation Reports. The RIRs also all include a qualitative fate and transport discussion, which addresses how conditions have changed over time. It is not expected that Hilco will need to replace any of Evergreen’s remediation systems because Hilco and Evergreen are working together to limit disruption to Evergreen’s ongoing remediation during Hilco’s... read more

This process needs to change to involve the public in the development of all reports, as required by Act 2 law- not just commenting after reports are produced. Reports completed since 2006 with virtually no public involvement should be reopened and revised based on public comments that find any inadequacies in the reports. We should be able to call for revision of previously approved reports if new information is found. The Public Involvement Program should allow for proactive, two-way consultation between Evergreen and the community about the clean-up, throughout the development of the reports and the clean-up itself.

Evergreen is in the process of receiving questions from the public concerning the approved Remedial Investigation Reports. These reports will be revised if new information is found concerning the conclusions of the Remedial Investigation Reports during this process. The comments received to the Remedial Investigation Reports will also inform the fate and transport evaluation, risk assessment, selection of remedial... read more

Over its lifespan, this refinery used over a hundred chemical compounds. Why are only 30 of these sampled for on site? What is the rationale for not sampling the others?

The current analyte list utilized for the Act 2 program at the facility was developed after analyzing historic reports and data from previous sampling efforts and in consideration of historic use of the site and the DEP analyte ‘short lists’ for various petroleum products.  Evergreen’s current analyte list includes compounds indicative of the various petroleum products processed at the facility.  In... read more

Why is lead the only metals COC? Aren’t there other contaminants such as copper, cadmium, arsenic that come from refining processes?

The site was tested for a complete list of metals as part of the 1992 RCRA Facility Investigation and none of these metals, except lead, were found to be a contaminant of concern and therefore were not identified as a contaminant of concern going forward. The 1992 Report is posted on the Evergreen website for reference. However, both soil and groundwater samples from various areas of the facility with history of... read more

Is your remediation process (Act Two and beyond) guided in accordance with the Environmental Rights Amendment (ERA), (Article I, Section 27 of the Pennsylvania Constitution), which states: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

Section 101 of the Land Recycling and Environmental Remediation Standards Act, which established Act 2, specifically includes language how Act 2 helps to achieve the objectives of Article I, Section 27 of the Pennsylvania Constitution. The future cleanup activities of the Site will be completed in accordance with the Act 2 program requirements, also supporting these... read more

PFAS – Fire fighting and training exercises have released PFAS (“forever carcinogens”) at the site. Evergreen ignores this legacy and recent contamination. PFAS should be sampled for and included in remediation planning and activities.

PFAS had not been sampled during the Remedial Investigations as it was not included as a Contaminant of Concern.  However, as noted during public meetings, PADEP and Evergreen have had discussions regarding future sampling of these compounds.  A formal request was subsequently received from PADEP to sample remediation system effluents for PFAS compounds.  Upon receipt of data, results will be discussed with... read more

1) Investigation information is out of date; some data was collected over a decade ago. Accurate, current conditions must be understood, using recent data, to develop appropriate remediation plans. 2) I am writing to state that the RIRs presented are so flawed that even those that were previously approved by DEP (without adequate public review) need to be rejected, improved significantly at least as described below and in other’s detailed comments, and then resubmitted for public review and comment before they are used to develop long-term remediation plans. It is not necessary to stop ongoing remediation, but future remediation should not be limited by using incomplete and potentially inaccurate data. (three additional similar questions with answer below)

It is important to remember that Evergreen is responsible for investigating and remediating contamination that was present up until the time of the sale of the facility to Philadelphia Energy Solutions (PES) in 2012. Any releases or emissions from refinery operations or other site activities after 2012 are the responsibility of the new property owners. The Remedial Investigation Reports that DEP requested be... read more