The Environmental Protection Agency (EPA) has issued long-awaited toxicity values for technical grade dinitrotoluene (tgDNT) – an explosive that is a widespread environmental contaminant at Badger Army Ammunition Plant and hundreds of other military sites across the country. 

This announcement is the culmination of decades of work by CSWAB to help provide federal and state regulators with the leverage needed to require testing and cleanup of all six DNT isomers present in tgDNT.  CSWAB’s campaign gained momentum in 2011 when EPA regional officials involved in managing federal facilities cleanups asked EPA headquarters to establish toxicity values to help address all the potential hazards associated with the DNT contamination found at sites like Badger. 

The new PPRTV (provisional peer-reviewed toxicity value) is the first toxicity value to address all the known isomers of DNT.  The weight of toxicological evidence led the EPA to conclude that tgDNT is likely to be carcinogenic to humans and that all six DNT isomers must be considered.

In 2011, the Wisconsin Department of Natural Resources (WDNR) failed in its attempt to require the U.S. Army at Badger Army Ammunition Plant to test contaminated soils for all six DNT isomers. “This additional testing requirement will aid in the evaluation of potential direct contact risks and possible sources of leaching of DNT to groundwater, and will test the idea that the ratios of DNT isomers in soil at the facility approximate those found in technical grade DNT,” the WDNR said in its September 15, 2011 letter to the Army.

The following month, the U.S. Army issued a statement refusing to comply with the order and questioning the state’s regulatory authority to require such testing. “Department of Defense policy is not to test for unregulated analytes,” the Army wrote.  “…the Army will wait for WDNR’s response to (our) questions before doing any additional work at sites where DNT is a contaminant of concern.  Work on those sites stopped when Badger received WNDR’s letter on September 15, 2011.”  

Two weeks later, the WDNR buckled and withdrew its requirement to sample soil for the presence of the following DNT isomers: 2,3-DNT, 2,5-DNT, 3,4-DNT, and 3,5-DNT. The State decided to defer any further action on the required testing until the EPA established toxicity values that included these same DNT isomers. 

With this decision in hand, EPA headquarters is now working on an implementation memorandum on the use of the new toxicity values for screening and risk assessment when the other isomers may be detected.  CSWAB will continue to work with EPA on the next phase of this national policy initiative.

PPRTV tg-DNT Summary Table

PPRTV 2,6-DNT Summary Table

PPRTV tg-DNT Documentation 2013

PPRTV 2,6-DNT Documentation 2013

On April 27, the Village of Prairie du Sac board passed a resolution calling for a referendum on the establishment of a proposed sanitary district that would serve residents near the closing Badger Army Ammunition Plant.  

The resolution was passed in anticipation of a formal petition by the Army and the USDA Dairy Forage Research Center to the Town of Merrimac initiating the process for creating a sanitary district.  The district would cover parts of three rural townships: Sumpter, Prairie du Sac and Merrimac.  A public water system is proposed as part of the Army’s alternative strategy to address groundwater contamination emanating from the Badger plant. 

Some the properties included in the Army’s plan are within the Village of Prairie du Sac’s Extraterritorial Zoning District within the Town of Prairie du Sac.  The area is planned for development and ultimate annexation to the Village of Prairie du Sac in accordance with a 2009 Intergovernmental Cooperation Agreement between the municipalities.

The Village resolution points out that the Wisconsin Department of Natural Resources (WDNR) has stipulated that citizens within the proposed water district are to have the opportunity on the local-government level to participate in related discussions and decisions. All three townships and the village are to be involved in the sanitary district formation process, the WDNR said.  

The resolution supports a vote by referendum to allow all property owners within the proposed sanitary district to participate in the decision on its creation.  The resolution also asks that the Village of Prairie du Sac receive copies of any and all communications, petition and notices concerning the creation of the foregoing sanitary district.  

The Village resolution supports a similar request by the Town of Prairie du Sac asking that the Town of Merrimac reject any petition by the U.S. Army and the USDA Dairy Forage Research Center as majority property owners, asking instead that the decision be placed on a referendum ballot allowing all affected property owners to participate in the process.

Village of Prairie du Sac Resolution for Referendum April 2013

Analysis of young fish taken from Gruber’s Grove Bay on Lake Wisconsin show slightly higher levels of mercury compared to similar fish taken from a different location on Lake Wisconsin.  However, levels in both groups of fish are within the same range for mercury as young fish tested across the state, according to a Wisconsin Department of Natural Resources (WDNR) release issued today.

Water from the former Badger Army Ammunition Plant’s wastewater treatment facility was discharged into Gruber’s Grove Bay during the plant’s years of operation. In the 1990s, high levels of mercury and other contaminants were discovered in bay sediments as a result of the discharge.

“Higher levels of mercury in sediments in the bay may be a factor but other variables might be involved too, including fish growth rates and water temperature differences between the bay and Lake Wisconsin,” said WDNR biologist Jim Amrhein.

Biologists sampled young panfish (primarily one year of age or younger) from the bay as part of an effort to monitor cleanup efforts by the military.

The Army dredged sediments from the bay in 2002 and again in 2006 to remove mercury and other contaminants. Following the second dredging project, the WDNR still found high concentrations of mercury in the sediment. The department collected panfish from the bay in 2012 to see if there was any significant accumulation of mercury in fish inhabiting the bay following the dredging.

Young panfish were selected because these fish generally remain in the area where they hatched until they grow to larger sizes. Any mercury found in these fish could be assumed to come from the environment in Gruber’s Grove Bay.

“While the study can’t say definitively what caused the higher mercury in the bay fish, the department and the Army remain committed to working on the site,”Amrhein said.   

Gruber’s Grove is still listed as an “open site” in the U.S. Army’s clean-up effort for Badger. Results of the study have been shared with the Army which currently is working on plans for further work necessary to achieve site closure.

“We expect that the Army will present a final clean-up plan for the bay soon,” said Amrhein. “The public will have a chance to comment on the plan and the department will prepare a formal response including consideration of any public comments.”

The Gruber’s Grove Bay study was undertaken as part of the WDNR’s efforts to monitor cleanup. It was not part of the state’s fish consumption advisory monitoring program, WDNR said.

However biologists did sample game fish and panfish from other locations in Lake Wisconsin and the Wisconsin River between Wisconsin Dells and Prairie du Sac in 2012 as part of the state’s fish consumption advisory monitoring program. Based on results of this survey sample there will be no changes to mercury-based consumption advice for persons consuming fish from these waters.

WDNR Grubers Grove Bay Panfish Mercury Study 2012

For more information, the contacts at WDNR are:

Jim Amrhein, Water Resources Management Specialist, james.amrhein@dnr.state.wi.us or phone (608) 275-3280

Bob Manwell, Natural Resources Educator, robert.manwell@wisconsin.gov or phone (608) 275-3317

For more than 20 years, the U.S. Army has assured area residents that water wells east of Lake Wisconsin and the Wisconsin River are not vulnerable to groundwater contamination emanating from Badger Army Ammunition Plant.  The Wisconsin Department of Natural Resources now says that this route of exposure is going to be investigated but cautions that there is no current or immediate risk to human health for residents on either side of the lake and river. 

Nonetheless, sampling of high capacity wells and residential wells located on the east side of the Wisconsin River near the Village of Prairie du Sac is justified, according to a professional consultant hired by Citizens for Safe Water Around Badger.

“The most effective manner of ensuring the health and safety of residents and consumers on the east side of the river is to collect and analyze groundwater samples,” said hydrogeologist Lori Huntoon. “It is recommended that groundwater from wells on the east side of the Wisconsin River be analyzed for VOCs, all isomers of DNT, metals, and arsenic, at a minimum.  Wells evaluated should include irrigation, commercial, and residential wells.” 

Drinking water wells on the east side of the river were last tested by the Army in 1990. This testing was limited to the three contaminants of concern at the time: trichloroethylene, carbon tetrachloride, and chloroform.  Wells were tested at the owner’s request and no contamination was detected. The Army has never tested wells east of the river for the explosive DNT and other more recent contaminants of concern.

“Multiple high capacity wells are located directly downgradient of the southern contaminant plume on the east side of the river,” Huntoon added.  “Taking into consideration significant pumping from these irrigation wells and other private wells, transport of contaminants that could potentially affect water quality for receptors located east of the river cannot be ruled out.” 

The WDNR declined to meet with CSWAB to discuss these concerns and the need for public outreach.  Members of the local Restoration Advisory Board have asked the U.S. Army for a public informational meeting on groundwater quality.  Badger officials said that a meeting is planned for sometime this summer.

CSWAB is recommending that requests for well testing be submitted in writing or by email to the U.S. Army at Badger Army Ammunition Plant.  Copies should be sent to the WDNR and U.S. Environmental Protection Agency. 

The appropriate contacts are:

Joan Kenney, Installation Director, Badger Army Ammunition Plant, S7560 Highway 12, North Freedom, WI 53951 or joan.m.kenney@us.army.mil   

Will Myers, WI Department of Natural Resources, 3911 Fish Hatchery Road, Madison, WI 53711 or Will.Myers@Wisconsin.gov  

Gregory Rudloff, USEPA Region 5, 77 West Jackson Boulevard, Mail Code: LU-9J, Chicago, IL 60604-3507 or Rudloff.Gregory@epamail.epa.gov

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Huntoon Technical Memo April 2013

Groundwater Contaminant Plume Map by Army

“While we understand that the Wisconsin State Statutes provide several different methods for petitioning the formation of such a district, we do not believe that the current method being used by two majority land owners – the Department of the Army and the USDA – is at all appropriate in this particular situation,” the Prairie du Sac town board wrote.

“This process allows 2 of the 300+ affected property owners to solely determine the need for the system although all the property owners in the proposed district are impacted by this decision and yet are not allowed a voice,” the town board emphasized.

“It is also unusual, if not unprecedented, that two government agencies that have no long term vested interest in the establishment of the district, other than terminating a public trust obligation, can be the sole judges of the benefits of the systems, without the input of local residents of the proposed district,” the board added.

“We ask that the Merrimac Town Board reject any petition by the majority property owners – US Army and USDA – and instead request that these interested parties place a referendum on the ballot so that a democratic process is followed that allows all affected property owners in the district their due process,”  the town’s letter concluded.

The Prairie du Sac Town Board letter was sent to the US Army, US Department of Agriculture, the Wisconsin Public Service Commission, the Towns of Merrimac and Sumpter, the Village of Prairie du Sac, and state representatives of the area. The petition is the first step toward approving a rural municipal water system proposed by the US Army.

Town of Prairie du Sac Democratic Process Letter March 2013

“We would like to see a new proposal from the Army that contains soil remedial goals which will achieve a level of cleanup at the Settling Ponds site that will be safe for recreational uses such as, but not limited to: hunting, trapping, wetland restoration (flora and fauna), bird watching, education, research, photography, and hiking,” the group’s March 8 letter to the Wisconsin Department of Natural Resources says.

“Restricting use of these lands for these activities is just not acceptable,” said Don Hammes, the WWF Director for Sauk County and member of the Federation’s Wetlands Committee.  “The soil safety standards should be high enough to allow just about any public use of the Sauk Prairie Recreation Area lands.”

The Wisconsin Wildlife Federation is also concerned about the excavation and destruction of wetlands that Army has done without a Clean Water Act 404 Permit and without complying with DNR NR103 regulations.

“Wetland restoration in the Settling Ponds area should be a top priority for the Army and the DNR,” said George Meyer, Executive Director of the Wisconsin Wildlife Federation.  “The work plan should include restoration of hydric soils, vegetative cover indicative of a meadow wetland and restoration of the hydrology in the area including Final Creek.”

The Settling Ponds are located along the installation’s southern boundary and were first used in 1941. During the years of production, these man-made ponds received sanitary and industrial wastewater from the entire facility and surface runoff from the Nitroglycerine, Rocket Paste, and Magazine areas.

In 1970 the ponds covered 25 acres. Sediments removed during dredging operations were placed alongside the ponds.  Subsequent testing by the Army identified metals and explosives as contaminants of concern.  Sampling in 2000 discovered mercury and nitroglycerine were also present, not previously identified as a problem.  Evaluation of risks to certain wetland species such as amphibians has not been completed by the Army.

“An obvious first step that should have been taken by the Army is to delineate the wetlands, however, the Federation has been told that the wetlands in the Settling Ponds area were never delineated as required under state and federal regulations,” Hammes added.

The Wisconsin Wildlife Federation is made up of hunters, anglers, trappers and others that are actively engaged in the outdoors.  The Federation is dedicated to the future of hunting, fishing, trapping and the shooting sports.  The organization carries out these goals through conservation education and the advancement of sound policies on a state and federal level.

Wisconsin Wildlife Federation Letter to WDNR March 2013

The Wisconsin Department of Natural Resources (WDNR) is accepting public comments on the military’s proposed cleanup remedy at the Settling Ponds site – a 60-acre meadow wetlands area that spans the width of the former Badger Army Ammunition Plant property.

The proposed remedy – partial excavation of contaminated soils and sediments – will leave some residual contamination above state standards.  The WDNR’s February 7 preliminary determination letter says that institutional controls will be implemented to protect human health and the environment.  These controls will include listing on the Department’s GIS Registry for Soil and Groundwater Contamination and restrictions on land use included on property deeds.

Deed restriction language is expected to prohibit camping and activities that would disturb vegetative cover – such as prairie restoration and invasive species removal – on land that is slated for transfer to the State of Wisconsin as part of the Sauk Prairie Recreation Area.   Other portions of the Settling Ponds have or will be transferred to the U.S. Department of Agriculture, the Wisconsin Department of Transportation, and the Bluffview Sanitary District.

Disturbance of vegetation by future site visitors and workers is to be avoided as plant root systems will be relied upon to bind contaminated soil particles and prevent them from becoming airborne or exposed and posing a risk to human health, according to the Army’s proposal.  Residual soil contaminants include lead, explosives, chromium and other environmental toxins.

While additional excavation of contaminated soils, earthen capping or other remedial action could minimize or even eliminate risks to humans and wildlife, neither the State nor the Army are proposing this additional effort.

CSWAB is calling for additional cleanup of residual soil and sediment contamination.  We believe that cleanup can and should be more protective and allow for unrestricted future use.  This level of cleanup is supported by the Badger Reuse Plan – a cooperative agreement developed and endorsed by local, state, federal and tribal interests at Badger, including the WDNR and the State of Wisconsin.

HOW YOU CAN HELP:

• WRITE:  The WDNR is inviting the public to comment on the proposed remedy at the Settling Ponds.  Public comments will be accepted until March 11, 2013.  The Department will accept only written comments (by letter or e-mail) during the comment period.  Comments on the Alternative Feasibility Study for the Settling Ponds may be sent by letter or email to: Will Myers, Wisconsin Department of Natural Resources, 3911 Fish Hatchery Road, Fitchburg, WI 53711, will.myers@wisconsin.gov .

• ATTEND:  The WDNR will also be hosting a public informational open house on February 20, 2013 from 5:00 until 7:00 pm at the River Arts Center Gallery, 105 9^th Street, Prairie du Sac.  CSWAB will have an informational table at this meeting.

• NETWORK:  Forward this action alert to a friend.  This is one of those times when numbers count.

SAMPLE TEXT TO WDNR:

I am writing to support a complete cleanup of residual soil and sediment contamination at the Settling Ponds at Badger Army Ammunition Plant.  I believe that cleanup can and should be more protective and allow for unrestricted future use.  Institutional controls such as listing on the Department’s GIS Registry for Soil and Groundwater Contamination and restrictions on land use are no substitute for cleanup. This is our last chance to clean up and restore the Badger lands – let’s do it right.

WHAT THE EXPERTS ARE SAYING:

According to a technical review by Dr. Peter deFur – an expert hired by CSWAB to review the Army study – proposed increases in soil remediation goals and the elimination of at least seven contaminants of concern are not protective of all human and ecological receptors.

“The remedial goals are insufficient for (the explosive) DNT because the (Army’s study) does not address the combined mixture of all 6 isomers, which could be conducted using basic assumptions used by the state of Wisconsin in developing groundwater standards for DNT,” deFur said.  “Toxicologists with the Wisconsin Division of Health found that the lesser isomers of DNT (2,3-, 3,4-, 3,5-, and 2,5-DNT) are as toxic or more toxic than 2,4- and 2,6-DNT.”

“The Army needs to determine concentrations of the other four DNT isomers in soils at the Settling Ponds site and use an approach similar to that used by Wisconsin for groundwater,” deFur added.

“Furthermore, using the industrial standard for soil lead is inappropriate for children and the risks need to be recalculated with higher exposures and the lower blood lead reference value,” deFur concluded.  “The (Army) has not demonstrated that the industrial DNT standards for 2,4 DNT and 2,6 DNT are appropriate and protective for recreational exposures for children and expectant mothers.”

Settling Ponds deFur CSWAB Comments AFS January 2013

Settling Ponds WDNR Preliminary Determination Soils Feb 2013

Settling Ponds Wetlands Map with Acreage

Settling Ponds Map Location in Badger Army Ammunition Plant

Settling Ponds Army Cover Letter October 2012

Settling Ponds Army Alt Feasibility Study August 2012

In a new report that has been submitted to state health officials, Citizens for Safe Water Around Badger (CSWAB) completed a survey of 12 Army sites nationwide and found that only Badger Army Ammunition Plant has calculated health-based soil cleanup goals based on total chromium, rather than the most toxic form of chromium which is chromium (VI).

At other U.S. Army facilities where testing for chromium was not speciated (reporting only total chromium), the Army invariably based cleanup goals and screening levels on chromium (VI) consistent with recommendations from federal and state health officials and regulators.  Chromium (VI) is a known human carcinogen and mutagen, according to the U.S. Environmental Protection Agency.

At the Army sites surveyed, chromium (VI) was associated with a variety of sources and activities including: evaporation/percolation ponds, open burning of military propellants, live firing, explosives wash-out wastewater facilities, TNT leaching beds and production, thermal treatment of small arms munitions, and open burning/open detonation of explosives.  Many of these same activities occurred during active production years at the Badger site.

Army facilities with chromium contamination documented in CSWAB’s report are: Anniston Army Depot (AL), Badger Army Ammunition Plant (WI), Iowa Army Ammunition Plant, Isla de Vieques Bombing Range (Puerto Rico), Louisiana Army Ammunition Plant, Radford Army Ammunition Plant (VA), Ravenna Army Ammunition Plant (OH), Riverbank Army Ammunition Plant (CA), Sacramento Army Depot (CA), Sierra Army Depot (CA), Sunflower Army Ammunition Plant (KS), and Volunteer Army Ammunition Plant (TN).

CSWAB has submitted a formal request to the Wisconsin Division of Public Health asking state health officials to review and comment on the Army’s methodology at the Badger site.

Hexavalent Chromium.Inventory of Army Ammunition Plants

Letter to Protect Wisconsin’s Mining Safeguards 2012