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Hazardous Waste Cleanup: Invista Incorporated (Formerly: DuPont Waynesboro) in Waynesboro, Virginia

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In September 1998, EPA issued to DuPont for the Waynesboro Site the Corrective Action portion (i.e., HSWA permit) of their site Resource Conservation and Recovery Act (RCRA) Permit (Permit No. VAD003114832) to conduct investigations and determine if corrective measures, of on-site solid waste management units (SWMUs) is necessary. The RCRA Permit was renewed by Virginia Department of Environmental Quality (DEQ) in 2009. The Permit was revised in 2014 to include Offsite concerns, specifically the South River and floodplains, designated as Area of Concern (AOC) 4 in the Permit. The Permit was modified on July 11, 2018 to incorporate the remedy for the onsite work as detailed in the Statement of Basis dated January 2017. The Permit was renewed by DEQ on April 20, 2020.

Cleanup Status

ONSITE:

Under EPA direction, DuPont prepared a RCRA Facility Investigation (RFI) Plan and a Land Use Report. The RFI investigation was conducted in three phases, starting in 2000. In December 2014, DuPont submitted a Final Comprehensive RFI Report covering the investigation. EPA approved the Final RFI comprehensive in May 2015.

DuPont submitted a draft On-Site Corrective Measures Study (CMS) Report to EPA in June 2015. The CMS is an evaluation of potential remedies to deal with releases discovered during the investigation phases. DEQ prepared a Statement of Basis for public comment in January 2017, which proposed a remedy for the onsite releases.  DEQ’s proposed decision of Corrective Action Remedy Selected included excavation and off-site disposal of impacted material in selected areas, capping in selected areas, performance of long term groundwater and outfall monitoring and implementation of engineering and institutional controls. DEQ also concluded that it is technically impracticable to attain MCLs in mercury contaminated groundwater associated with SWMU 1, SWMU 4 and SWMU 7. Each of these SWMUs has its own defined Technical Impracticability (TI) zone detailed in the CMS. The onsite remedy was implemented through the modification of the Facility’s Hazardous Waste Management Permit on July 11, 2018.

OFFSITE:

DuPont submitted a Class 2 permit modification request to incorporate an off-site Area of Concern (AOC 4) in to the facility permit on November 19, 2013. AOC-4 includes the South River downstream of the former DuPont Waynesboro facility and parts of the South Fork Shenandoah River. The permit modification request was approved by DEQ on February 4, 2014.

Under the direction of the DEQ, DuPont prepared a RFI for AOC-4 that included ecological and human health risk assessments. The AOC 4 remedial strategy and Corrective Measures Study (CMS) involves a series of IMs that will eliminate or reduce exposure and migration of mercury in the system to protect human health and the environment. The strategy is detailed in the Interim Measures Design, Implementation, and Monitoring Work Plan (IMWP; Anchor QEA and URS et al., 2015) approved by DEQ in March 2015. The IMWP provides the details for Phase 1 of the IM, and elements that will be incorporated into the IMs for other bank areas targeted for remediation.

The iterative remedial strategy follows an enhanced adaptive management framework (EAM), which provides a flexible decision-making process that can be adjusted as monitoring data are collected, remediation action outcomes are better understood, and as landowner and other stakeholder preferences or concerns arise.  The EAM is integrated into the RCRA process.

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    Site Description

    Interactive Map of Invista Incorporated (Formerly: DuPont Waynesboro), Waynesboro, VA

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    DuPont began operations at the Site by manufacturing acetate flake and yarn in 1929. In 1958, DuPont began producing Orlon, the plants second fiber. The acetate flake and yarn process and Orlon process were discontinued in 1977 and 1990, respectively. In the interim, Lycra7 production had begun in 1962, with Permasep production beginning in 1969 and BCF Nylon in 1978. Only Lycra continues to be made today.

    The 177-acre site is located in the southeastern portion of the city along the South River in an industrially zoned area.

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    Contaminants at this Facility

    The primary contaminant at the former DuPont Waynesboro Site is mercury, which was used in making acetate flake.

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    Institutional and Engineering Controls at this Facility

    The following institutional controls were implemented through the Facility’s Hazardous Waste Management Permit:

    1. Maintenance and monitoring of the impervious capped areas (SWMU 1, SWMU 4 and SWMU 7) via the existing security fence and security cameras.
    2. Groundwater at the Facility shall not be used for any purpose other than to conduct the operation, maintenance, and monitoring activities required by the Department and/or EPA, unless it is demonstrated to the Department, that such use will not pose a threat to human health or the environment or adversely affect or interfere with the final remedy and the Department provides prior written approval for such use (Current Facility production wells located in the Bedrock Zone are exempt from this provision).
    3. No new wells will be installed on Facility property unless it is demonstrated to the Department that such wells are necessary to implement the final remedy and the Department provides prior written approval to install such wells.
    4. The Facility property shall not be used for residential purposes unless it is demonstrated to the Department that such use will not pose a threat to human health or the environment or adversely affect or interfere with the final remedy, and the Department provides prior written approval for such use.
    5. As part of the approved CMI WP required in Section II.C.4.a of this permit, a Materials Management Plan (MMP) will be submitted for approval to specify protocols for handling and management of soil, groundwater, and surface water will be created for any future earth moving activities in SWMUs 1, 2, 4, 6, 7 and 17 and AOC 1. The Materials Management Plan MMP will detail how soil and groundwater will be managed and sampled to determine appropriate placement or disposal during any future subsurface activities conducted at the SWMUs and AOC listed above. The MMP will be submitted not later than (6) six months after approval of the Construction Completion report approval and will be prepared in conjunction with a Uniform Environmental Covenant Act (UECA) or similar instrument. The submittal timing is reliant upon MMP approval by the Lycra Company which DuPont (Corteva) does not control. If DuPont anticipates an extension to the submittal deadline will be needed a request shall be submitted to the Department no later than 30 days before the end of the 6 month submittal due date.
    6. The Facility property will not be used in a way that will adversely affect or interfere with the integrity and protectiveness of the final remedy selected by the Department in the Final Decision and Response to Comments (FDRTC).
    7. Access to the Facility property will be restricted through the use and maintenance of fencing and controlled access (security gate).
    8. EPA, the Department, and/or their authorized agents and representatives, shall have access to the Facility property to inspect and evaluate the continued effectiveness of the final remedy and if necessary, to conduct additional remediation to ensure the protection of the public health and safety and the environment based upon the final remedy selected in the FDRTC.
    9. Within one month after any of the following events, the Permittee shall submit, to Department and EPA written documentation describing the following: observed noncompliance with the land and/or groundwater use restrictions; transfer of the Facility; changes in use of the Facility; or filing of applications for building permits for the Facility and any proposals for any Site work, if such building or proposed Site work will affect the contamination at SWMUs 1, 2, 4, 6, 7 or 17 or AOC 1.

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    Land Reuse Information at this Facility

    The site is under continued use.

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    Site Responsibility at this Facility

    RCRA Corrective Action activities at this facility are being conducted under the direction of the Virginia DEQ with assistance from the EPA Region 3.

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