Between 1985 and 2003 there were six (6) documented releases of polychlorinated biphenyls (“PCBs”) (hereinafter collectively referred to as the “1985-2003 PCB releases”) into the environment at Pepco’s facility, located at 3400 Benning Road, N.E., Washington, D.C. 20019 (the “Facility”). Although Pepco conducted remedial actions in response to each of these releases in accordance with applicable legal requirements, because of the Facility’s proximate location to the Anacostia River, the PCBs released at the Facility may have migrated from the property into the sediment of the adjacent Anacostia River via the storm water system, overland flow or groundwater discharge.
Pepco’s discharge of PCBs into the Anacostia has contributed to conditions which may pose an imminent and substantial endangerment to aquatic life in the Anacostia River, and to human health. On October 8, 2010, the District issued a Notice of Intent to Sue to Defendant, pursuant to 7002(a)(1)(B) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(B). In mid-December 2010, the District of Columbia and Pepco reached an agreement in principle to perform a Remedial Investigation and Feasibility Study (“RI/FS”) at the Pepco facility located at 3400 Benning Road N.E., Washington, D.C. 20019. The Parties finalized and executed a consent decree in early January, 2011. On February 1, 2011, the District filed its complaint in this action for the purpose of obtaining this Court’s approval and entry of the Consent Decree. On February 4, 2011 the District published notice of the Proposed Consent Decree and initiated a comment period of thirty (30) days.
The District carefully considered the public comments it received and prepared a detailed written response. The District and Pepco also made substantial revisions to the Consent Decree that were negotiated with Pepco resulting in a Revised Consent Decree that was executed on July 29, 2011. The Revised Consent Decree was then lodged with the Court on August 17, 2011. The Revised Consent Decree was then entered by the United States District Court for the District of Columbia on December 1, 2011. Attached below is a copy of the Consent Decree and an anticipated schedule for the RI/FS.
- Original Consent Decree
- Revised Consent Decree
- Consent Decree Summary
- Key Dates for RI/FS Project from Pepco
Opportunity for Public Comment
As part of the final Court order, several of the deliverables will be available for public comment, including: the Statement of Work; the RI/FS Work Plan; the Health and Safety Plan; the Field Sampling Plan; the Quality Assurance Project Plan; the Conceptual Site Model; the Community Involvement Plan; the Remedial Investigation Report; and the Feasibility Study Report.
Scope of Work
The Scope of Work (“SOW”) provides a general overview of the activities to be undertaken by Pepco as part of the Remedial Investigation / Feasibility Study. The public comment period was open from January 5, 2012 until February 13, 2012. Below are links to the Draft and Final versions of the SOW.
Community Involvement Plan
This is the final CIP approved by DDOE concerning the plan to engage the community as part of the environmental investigation at the Pepco Benning Road Facility. The changes made to the Draft Community Involvement Plan were in response to public comments received during the comment period (and shortly thereafter).
- Draft Community Involvement Plan
- FINAL Community Involvement Plan
- Responses to Public Comments
- Transcript of Public Meeting held on September 15, 2012
- Community Involvement Plan Summary
Sampling and Analysis Plan
Final Sampling and Analysis Plan [PDF]
DDOE approved the Final RI/FS Work Plan on December 28, 2012. The plan was open for comment from August 9, 2012 until September 28, 2012. The Sampling and Analysis Plan provides specific details on the methodologies and locations of the sampling events that will take place as part of the landside and sediment investigations of the Benning Road Facility.
- Sampling and Analysis Plan Summary
Remedial Investigation and Feasibility Study (RI/FS) Work Plan
RI/FS Work Plan Documents [PDF]
DOEE approved the Final Work Plan on December 28, 2012. The plan was open for comment from August 9, 2012 until September 28, 2012. The Work Plan details the specific work to be performed as part of the Scope of Work, including the landside and sediment investigations of the Benning Road Facility.
- RI/FS Workplan Summary
RI/FS Workplan Addendum #1 (attached below)
Addendum to the RI/FS Workplan describes the proposed Phase III landside investigation activities, specifically: (1) the number, location, and construction details for the proposed monitoring wells; and (2) the collection of hydrogeologic and chemical data from the monitoring wells.
RI/FS Workplan Addendum #2 (Attached below)
This addendum describes the proposed soil sampling activities in the vicinity of the two cooling tower basins at the Benning Power Plant.
Cooling Tower Soil Removal Plan (Attached below)
This report summarizes the soil sampling results completed in the vicinity of the two cooling towers and describes procedures for the removal of PCB-impacted soil adjacent to and beneath the cooling tower basins.
RI/FS Workplan Addendum #3
The Draft RI Report identified several data gaps with respect to the Site characterization, background data evaluation, and human health and ecological risk assessments. Read More>>
Health and Safety Plan
Health and Safety Plan [PDF]
DDOE finalized the final Health and Safety Plan on December 28, 2012. The plan was open for comment from August 9, 2012 until September 28, 2012.
Joint Status Report to the Court
As part of the Consent Decree entered by the Court, the Parties were required to submit a status report detailing their progress on the RI/FS project.
Draft Remedial Investigation (RI) Report
The draft RI Report presents the results of environmental investigation conducted in accordance with the DOEE approved RI/FS Workplan, and two Workplan Addendums. The Draft RI Report was open for public comments from February 29th through April 18th, 2016. The Department has considered carefully all public comments received on the Draft Report and prepared responses to the comments.
- The Responses to Public Comments on Draft RI Report is available in the attachment section below.
- The draft RI report and all project files can be accessed under Administrative Record Files.
- The RI/FS project Schedule is available in the attachment section below.
Administrative Record File
The administrative record file provides public access to Pepco Benning Road Facility RI/FS Project documents.
The link below contains:
Public comments and documents that demonstrate the public’s opportunity to participate in and comment on the ultimate selection of a remedy for the river and Documents that may be considered in ultimately selecting a remedy for the river. To utilize the administrative record file, please open the index file within the link below, which provides a list of all documents and their respective locations within folders.