U.S. ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF INSPECTOR GENERAL

Review of Hotline Complaint 

Regarding Residential Soil 

Contamination in Cherryvale, 

Kansas 

Report No. 13-P-0207 March 28, 2013 

Scan this mobile code 

to learn more about 

the EPA OIG. 
 

 

 

 

 

 

 

Report Contributors:	 Chad Kincheloe 

Jill Trynosky 

Jenny Drzewiecki 

 Barry Parker 

Tina Lovingood 

Abbreviations 

ATSDR Agency for Toxic Substances and Disease Registry 

EPA U.S. Environmental Protection Agency 

KDHE Kansas Department of Health and Environment 

OIG Office of Inspector General 

OSC On-Scene Coordinator 

QAPP Quality Assurance Project Plan 

Cover photo: Heavy equipment removing contaminated residential soil in Cherryvale, Kansas. 

(EPA photo) 

Hotline 

To report fraud, waste, or abuse, contact us through one of the following methods: 

email: OIG_Hotline@epa.gov. write: EPA Inspector General Hotline 

phone: 

fax: 

1-888-546-8740 

202-566-2599 

1200 Pennsylvania Avenue, NW 

Mailcode 2431T 

online: http://www.epa.gov/oig/hotline.htm. Washington, DC 20460 
 

 

U.S. Environmental Protection Agency 13-P-0207 

March 28, 2013 Office of Inspector General 

At a Glance
 

Why We Did This Review 

The U.S. Environmental 

Protection Agency (EPA) Office 

of Inspector General (OIG) 

received a hotline complaint 

alleging that residential properties 

near the former National Zinc 

Company smelter, Cherryvale, 

Kansas, were not addressed by 

previous cleanup activities. We 

sought to determine whether 

EPA’s actions identified and 

addressed all residential 

properties contaminated with 

heavy metals that presented an 

imminent and substantial threat 

to the public health. 

The National Zinc Company site 

was once the location of a lead 

and zinc smelter. In March 2001, 

a state evaluation determined 

that soils at residential properties 

adjacent to the site were 

contaminated with heavy metals, 

including lead. EPA classifies 

lead as a probable human 

carcinogen and a cumulative 

toxicant. Although the effects of 

lead exposure are a concern for 

all humans, young children are 

particularly at risk. 

This report addresses the 

following EPA Goal or 

Cross-Cutting Strategy: 

 Cleaning up communities 

and advancing sustainable 

development. 

For further information, contact 

our Office of Congressional and 

Public Affairs at (202) 566-2391. 

The full report is at: 

www.epa.gov/oig/reports/2013/ 

20130328-13-P-0207.pdf 

Review of Hotline Complaint Regarding Residential 

Soil Contamination in Cherryvale, Kansas 

What We Found 

EPA Region 7 screened residential properties for soil contamination during its 

2001–2002 removal activities near the former National Zinc Company smelter, but 

could not provide us with complete documentation for all properties. We found over 

35 residential properties with lead contamination that, according to samples taken 

during the 2001–2002 removal action, exceeded the action level. However, it was 

unclear which of these properties were excavated because some EPA records 

were missing or incomplete. Over a 6-month period, we made over 10 separate 

inquiries for the missing information. After receiving our draft report, Region 7 

provided some of the missing information. Despite the new information, there are 

still inconsistencies and gaps in the site records. For example, in contrast to 

positions stated earlier in our review, Region 7 now says that some properties with 

contamination at or above the action level were not excavated based on 

discussions with property owners and the State of Kansas. Without complete 

documentation, neither EPA nor the OIG can confirm EPA’s assertion that all lead 

contamination presenting an imminent and substantial endangerment to public 

health at this site was fully identified and addressed. As a result, we cannot confirm 

or dismiss the allegations raised in the complaint.

 Recommendations and Planned Agency Corrective Actions 

We recommend that Region 7 review all site records and documents to determine 

whether there is an imminent and substantial endangerment to public health at the 

National Zinc Company site. To support this determination, Region 7 should revise 

or prepare an addendum to the Removal Action Summary Report that contains an 

accurate and complete account of EPA activities at the site as well as fully 

document and timely communicate any actions taken to the public. We further 

recommend that, as needed, Region 7 work with the State of Kansas to ensure 

appropriate action is taken to respond to any imminent and substantial 

endangerment to public health at the site. In addition, we recommend that Region 7 

document the costs to develop and implement the work necessary to address our 

recommendations. 

Region 7 disagreed with recommendation 1. It believes that it has addressed all 

imminent and substantial endangerment at residential properties that met removal 

action criteria. Because the region was unable to provide us with the information 

necessary to confirm its assertion, this recommendation is unresolved. After we 

provided additional clarification, Region 7 agreed with recommendation 2. It also 

agreed with recommendation 3. However, the region did not include planned 

completion dates along with its planned corrective actions for these 

recommendations. Therefore, all three recommendations are unresolved. Region 7 

will have an additional opportunity to provide information in response to this report. 

The OIG and Region 7 should begin the resolution process immediately. 
 

 

 

 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

THE INSPECTOR GENERAL 

March 28, 2013 

MEMORANDUM 

SUBJECT:	 Review of Hotline Complaint Regarding Residential Soil Contamination in 

Cherryvale, Kansas 

Report No. 13-P-0207 

FROM: Arthur A. Elkins Jr. 

TO:	 Karl Brooks, Regional Administrator 

Region 7 

This is our report on the subject evaluation conducted by the Office of Inspector General (OIG) 

of the U.S. Environmental Protection Agency (EPA). This report contains findings that describe 

the problems the OIG has identified and corrective actions the OIG recommends. This report 

represents the opinion of the OIG and does not necessarily represent the EPA position. This 

report contains the intended corrective actions for two recommendations. These 

recommendations are considered unresolved, pending receipt of estimated completion dates. 

In addition, the report contains one recommendation that Region 7 and OIG are in disagreement 

with. This recommendation is also considered unresolved. 

Action Required 

In accordance with EPA Manual 2750, resolution should begin immediately upon issuance of the 

report. We are requesting a meeting between the Regional Administrator for Region 7 and the 

Assistant Inspector General for Program Evaluation to start the resolution process and attempt to 

obtain resolution. If resolution is still not reached within 30 days, the Regional Administrator for 

Region 7 is required to complete and submit the dispute resolution request to the Chief Financial 

Officer to continue the resolution process. We have no objections to the further release of this 

report to the public. 

If you or your staff has any questions regarding this report, please contact Carolyn Copper at 

(202) 566-0829 or copper.carolyn@epa.gov, or Tina Lovingood at (202) 566-2906 or 

lovingood.tina@epa.gov. 
 

 

Review of Hotline Complaint Regarding 13-P-0207 

Residential Soil Contamination in Cherryvale, Kansas 

Table of Contents 

Chapters 

1 Introduction ........................................................................................................ 1

 Purpose ....................................................................................................... 1 

Background ................................................................................................. 1 

Scope and Methodology.............................................................................. 3 

2 Imminent and Substantial Endangerment May Not Be 

Fully Identified or Addressed ........................................................................... 5
 

EPA Unable to Provide Information Needed to Confirm 

 Risk Reduction .................................................................................. 5 

EPA Cannot Provide Assurance Its Sampling Followed 

Proper Procedures ............................................................................ 8 

Conclusion................................................................................................... 9 

Recommendations ...................................................................................... 9 

Agency Response and OIG Evaluation ....................................................... 10 

Status of Recommendations and Potential Monetary Benefits.............................. 12
 

Appendices 

A EPA Region 7 Comments to Draft Report and OIG Evaluation...................... 13
 

B Distribution ......................................................................................................... 17
 
 

 

Chapter 1

Introduction 

Purpose 

The U.S. Environmental Protection Agency (EPA) Office of Inspector General 

(OIG) received a hotline complaint about the National Zinc Company site in 

Cherryvale, Kansas. Based on our review of the complaint, we focused on EPA’s 

2002 Time-Critical Removal Action (performed from November 2001 to May 

2002). We addressed the following question: 

Did EPA’s 2002 Removal Action and oversight activities at the 

National Zinc Company site in Cherryvale, Kansas, fully identify 

and address site-related and unsafe heavy metal contamination? 

Background 

The National Zinc Company site in Cherryvale was once the location of a lead 

and zinc smelter. The smelter was operational from 1898 to 1976. In the late 

1970s, the owners performed some cleanup work to remove contamination. A 

restrictive covenant was established in 1983 and governs the site with land use 

restrictions. 

Beginning in 1999, several investigations of the National Zinc Company site were 

performed by the Kansas Department of Health and Environment (KDHE) to 

determine the extent of the contamination. It was discovered that approximately 

360 acres surrounding the former smelter plant were contaminated above the riskbased standards. The contamination consisted of heavy metals, particularly lead, 

cadmium, arsenic, and zinc. Based on a 2001 KDHE evaluation, EPA identified 

lead as the greatest concern for human health. At the residential properties 

adjacent to the smelter, EPA determined there was a potential for ingestion 

exposure to lead in the top layers of the soil. 

According to EPA, lead is a naturally-occurring element that can be harmful to 

humans when ingested or inhaled, particularly children under the age of six. Lead 

poisoning can cause a number of adverse human health effects, but is particularly 

detrimental to the neurological development of children. EPA classifies lead as a 

probable human carcinogen and a cumulative toxicant. According to the Agency 

for Toxic Substances and Disease Registry (ATSDR), the effects of lead are the 

same whether it enters the body through breathing or swallowing. Lead can affect 

almost every organ and system in the body. A 2007 ATSDR lead fact sheet states 

that exposure to high lead levels can severely damage the brain and kidneys in 

adults or children and ultimately cause death. 

13-P-0207 1 
 

 

 

 

 

 

In March 2001, KDHE began identifying residential properties1 adjacent to the 

former National Zinc Company smelter with lead contamination at or above what 

is considered protective of human health and the environment.2 In August 2001, 

KDHE requested EPA’s assistance in addressing imminent and substantial threats 

to public health at the site.3 The EPA On-Scene Coordinator (OSC) for the site 

issued an Action Memorandum (Action Memo). 

The Action Memo requested approval and funding from EPA for a Time-Critical 

Removal Action4

 at the site. It stated that the actual release of a hazardous 

substance at this site, if not addressed by implementing the response actions, 

presented an imminent and substantial endangerment to the health of the public 

that came into contact with the site and to public welfare and the environment. 

The Action Memo also included a recommendation that immediate response 

actions be taken to reduce potential exposure. It stated the primary objectives of 

EPA’s actions at the site were to eliminate or reduce potential ingestion exposure 

due to the presence of lead in the soils. 

EPA Time-Critical Removal Activities 

EPA’s Time-Critical Removal Activities took place from November 2001 to 

May 2002. According to the Action Memo, EPA’s removal activities were to 

address imminent and substantial endangerment to public health at residential 

properties where the soil contained lead concentrations equal to or greater than 

400 mg/kg. For all properties where EPA intended to conduct sampling, Region 7 

staff stated that they notified residents and land owners by letter and in door-todoor visits. 

In accordance with EPA requirements, removal activities at the site were to 

follow a Quality Assurance Project Plan (QAPP). The QAPP documented the 

planning, implementation, and assessment procedures. Specific quality assurance 

and quality control activities were also included. EPA’s QAPP for this removal 

included the following details: 

 Sample collection will be in the upper 1 inch of soil and will be screened 

for lead. 

 Samples will be collected 50 feet from each side of the home. 

 Samplings will also include play areas and gardens, sand piles, unpaved 

driveways, and other areas appearing to have been used by children. 

1 In site documents, EPA and KDHE refer to residential properties as residential yards. 

2

 The KDHE residential Risk-Based Standard for Kansas level for lead contamination is 400 mg/kg. The Risk-Based
	

Standards for Kansas provide guidance on the process for establishing chemical-specific and site-specific cleanup 

goals for soil, groundwater, and indoor air that are protective of human health and the environment. 

3 In this report, the term “site” includes the residential properties adjacent to the former National Zinc Company 

smelter buildings. 

4 Time-critical removals are initiated when the lead agency determines on the basis of a site evaluation that an action
	

is appropriate and must be initiated within 6 months.
	

13-P-0207 2 
 

 

 

 

 

 

	 Results of sampling and analysis will be used to direct excavation 

activities for the removal of lead-contaminated soil above the Risk-Based 

Standard for Kansas level of 400 mg/kg. 

	 Excavation of lead-contaminated areas will be conducted up to a 

maximum depth of 12 inches below ground surface, except in high-use 

areas or areas frequented by children, where excavation will be conducted 

up to a maximum depth of 24 inches. 

Once the removal began, EPA and KDHE conducted additional removal 

assessments at residential properties. As a result, the removal was expanded from 

the originally identified residences. A 35-acre residential area known as the 

“Rodeo Grounds” was also included. EPA reported that approximately 76,000 

cubic yards of soil were removed from residential properties.5 

Potentially Responsible Parties Have Been Identified 

In April 2003, KDHE entered into a consent order with Citigroup Global Market 

Holdings, Inc.6

, and United States Steel Corporation, which were both identified 

as potentially responsible parties. The consent order includes investigative, 

mitigation, and corrective measures at the site that are still being performed to 

date. Residential properties adjacent to the site were excavated by the potentially 

responsible parties in May and June 2012. In recent letters to property owners, 

KDHE stated that it “will continue to work with the [potentially responsible 

parties] for the National Zinc Site to conduct additional activities to address the 

actual and potential environmental issues associated at properties where waste is 

observed.” 

In March 2009, EPA entered into a consent decree with the two potentially 

responsible parties. The consent decree required the two potentially responsible 

parties to pay a total of $1 million, plus accrued interest, for EPA’s site-related 

response costs at the National Zinc site. 

Scope and Methodology 

We performed our review from August 2012 to January 2013 in accordance with 

generally accepted government auditing standards. Those standards require that 

we plan and perform our review to obtain sufficient, appropriate evidence to 

provide a reasonable basis for any findings and conclusions based on our 

objectives. We believe the evidence obtained provides a reasonable basis for the 

observations presented in this report. 

5

 As described in chapter 2 and the Scope and Methodology, the total number of residential properties where 

excavation took place cannot be confirmed. 

6 When the 2003 consent order was signed, Citigroup Global Market Holdings, Inc., was known as Salomon Smith
	

Barney Holdings, Inc. 

13-P-0207 3 
 

 

 

 

 

We reviewed OIG hotline complaint information. We reviewed laws, regulations, 

policies, procedures, and guidance relevant to the EPA Time-Critical Removal 

Action. We interviewed EPA Region 7 staff and managers as well as a KDHE 

section manager previously involved with the EPA removal action. We reviewed 

Region 7 site records and files documenting EPA’s actions during the removal. 

We also interviewed EPA officials and staff in the Office of Emergency 

Management, which is part of the Office of Solid Waste and Emergency 

Response, regarding the removal process for lead contaminated soil. In September 

2012, we visited the site to gain an understanding of the location, characteristics, 

and present conditions. The primary focus of our review was the residential 

properties associated with the site. We did not conduct an in-depth review of the 

site documents for removal activities at the Rodeo Grounds. 

We encountered limitations in the site documents we reviewed. We cannot 

provide a total number of properties EPA sampled or excavated. The total number 

of residential properties EPA sampled is not provided in any site document. 

Counting property addresses that appear in site documents resulted in a total of 

67 properties sampled, but we could not confirm that number. Region 7 staff told 

us and stated in reports (Pollution Reports and the Removal Action Summary 

Report) that lead-contaminated soil was removed from 35 residential properties. 

Region 7 also stated this in a letter to a member of Congress. However, for the 

following reasons, neither count (35 properties excavated and 67 properties 

sampled) can be confirmed because: 

	 EPA Pollution Reports do not include: 

o	 Addresses of the properties for verification. 

o A total number of properties sampled. 

 EPA’s 2002 Removal Action Summary Report does not include: 

o	 A conclusive list of properties where sampling occurred and where 

contaminated soil was removed. 

o	 Hand-written field notes with supporting documentation for all 

properties. 

o	 Information on all properties that tested at or above the action level 

during the Removal Site Evaluations.7 

7 Removal Site Evaluations for the Cherryvale Residential Yards Site from March 2001 evaluated and identified 

11 residential properties with lead-contaminated soil at or above the risk-based action level. Removal Site 

Evaluations for the Cherryvale Residential Yards Site from March 2002 identified an additional 23 residential 

properties with lead-contaminated soil at or above the risk-based action level. The report states that a total of 

37 additional properties were evaluated. 

13-P-0207 4 
 

 

 

Chapter 2

Imminent and Substantial Endangerment 

May Not Be Fully Identified or Addressed 

EPA Region 7 screened residential properties for soil contamination during its 

2001–2002 removal activities, but could not locate or provide us with complete 

documentation identifying the specific locations of properties excavated or 

sampled. EPA site documents contain details about pre-excavation and postexcavation sampling results. However, these documents are incomplete. Region 7 

also could not provide all field notes containing sampling information. Moreover, 

there are gaps in existing documentation related to properties with contamination 

at or above the risk level for lead. As a result, neither EPA nor the OIG can 

confirm that all contaminated properties at this site were properly identified and 

that imminent and substantial endangerment to the health of the public from lead 

contamination in residential soil was fully addressed. 

EPA Unable to Provide Information Needed to Confirm Risk Reduction 

Region 7 could not provide supporting documentation to demonstrate that all 

sampling and removal actions were properly completed for all properties. When 

we started our work in August 2012, Region 7 staff sent a request to the EPA 

records center to locate and pull the logbooks, original field sheets, and photos for 

this removal action. After several inquiries on when the information would be 

available, we asked Region 7 to provide us, by October 31, 2012, the supporting 

documentation to answer our questions about the number of properties excavated 

and the missing documentation. We also requested the final pollution report, 

which was not included in the site file. Region 7 was able to provide us with the 

final pollution report but did not provide the other information requested by our 

deadline. 

After our deadline passed, we told Region 7 that if the documentation necessary 

to respond to our questions turned up before we finished our assignment we 

would review it. Region 7 had at least four additional opportunities to provide the 

documentation, including during a meeting with senior regional staff before we 

planned to issue our final report. Over 6 months, we made over 10 inquiries about 

the information. We were told by Region 7 staff that they could not locate the 

information we requested. EPA Region 7 staff said that the delays in the region’s 

search for information occurred because of the length of time that had passed 

since the removal activities; the physical move of the regional records center from 

Kansas City, Kansas, to Lenexa, Kansas; and other competing regional priorities. 

In response to a June 2012 congressional inquiry, the Region 7 Administrator 

stated that EPA excavated contaminated soil from 35 residences and backfilled 

13-P-0207 5 
 

 

 

 

 

 

and reseeded these lots. However, we asked Region 7 for additional information 

to confirm this number in September 2012. Region 7 could not produce a 

document that clearly showed the addresses of the 35 residential properties that it 

said were excavated. 

In Removal Site Evaluations8 conducted in 2001 and 2002, several properties 

were identified with lead contamination. Test results for samples taken from the 

surface soil on these properties were over the action level of 400 mg/kg and met 

EPA’s criteria for a removal.9

 Of these properties, nine had no documentation as 

to what action, if any, took place after the lead contamination was identified. 

Documentation was also unavailable for an additional property. Soil samples 

taken at that property showed lead contamination over the action level, but it was 

not identified as contaminated in EPA’s report. We asked Region 7 at least 10 

times over a 6-month time period for information or documentation to clarify the 

actions taken during the 2001–2002 Time-Critical Removal. We were told that the 

region was trying to locate documentation. Without that documentation, EPA 

Region 7 staff said they could not confirm what actions took place to address the 

lead contamination on these properties. According to the EPA OSC for the site, 

all lead contamination at or above the action level of 400 mg/kg in the surface 

layer of the soil was excavated. 

Using the EPA Removal Action Summary Report,10 we compiled a list of the 

properties likely to have been excavated. The list was not conclusive and did not 

contain all properties listed in Removal Site Evaluations as exceeding the action 

level for lead contamination. We found that some of the properties initially 

identified as at or above the action level for lead contamination during EPA’s 

Removal Site Evaluations were not noted as excavated in the Removal Action 

Summary Report. Given this discrepancy, we requested confirmation from 

Region 7 on the accuracy and completeness of our list as well as EPA’s Removal 

Action Summary Report. 

Region 7 stated that it needed all logbooks and original field sheets from the site 

to answer our questions, confirm the number of properties excavated, and provide 

property addresses. Many pages of field notes were already electronically scanned 

into the Removal Action Summary Report. However, not all of the properties 

listed had corresponding field notes. EPA Region 7 staff stated the field notes for 

these properties would be in the logbooks for the site. Region 7 informed OIG in 

December 2012 and again a few weeks prior to our planned issuance date that it 

had located the information it needed. 

8 Removal site assessment activities focus on demonstrating whether the conditions at the site meet the National 

Contingency Plan criteria for a removal action. The removal assessment is designed to show if, and how, the site 

poses a threat to human health or the environment. For this site, the assessments were performed by the KDHE 

Bureau of Environmental Remediation as part of a cooperative agreement with EPA. 

9 According to EPA’s Action Memo for the site, residential property where the soil contains lead concentrations 

equal to or greater than 400 mg/kg will be included in the removal action. 

10 The Removal Action Summary Report documents the removal activities that were performed by EPA and its 

contractors at the site. The report also describes the procedures used to complete removal activities. 

13-P-0207 6 
 

 

In March 2013, subsequent to the draft report, OIG received a package from 

Region 7 containing 10 logbooks with EPA staff and contractor’s hand-written 

notes. Region 7 also provided new information about the removal action as well as 

responses to OIG questions sent in October 2012 and February 2013. The new 

information included a list of 35 properties Region 7 said were excavated and a list 

of 31 properties sampled but not excavated. Region 7 pointed out that a drainage 

ditch was excavated during the removal action. According to the Removal Action 

Summary Report, the ditch was excavated 3 to 6 inches. 

OIG reviewed all of the logbook references and new information provided. 

However, we still could not confirm that EPA identified and removed all 

contamination presenting an imminent and substantial endangerment to the public 

at this site during its removal action. While Region 7’s logbook references and new 

information provided additional details on the status of 14 properties, we were 

unable to verify the actions taken at 11 of the 14 properties. Furthermore, there 

were inconsistencies in the new information provided. The excavated properties, as 

well as other sampled but not excavated properties were not fully supported by 

documentation in the site records. For example, 2 properties listed as excavated did 

not have post-excavation data. Region 7 also said that it included the excavation of 

one property with another property and listed both properties as a single property 

on its list of excavated properties. We reviewed the justification provided for these 

properties and could not reconcile it with site records. In addition, 5 properties on 

Region 7’s list of properties sampled but not excavated do not appear in the 

Removal Action Summary Report or Removal Site Evaluations. 

In contrast to Region 7 positions stated early in our review, in a document sent 

February 28, 2013, the region said that all properties with contamination at or 

above the action level were not excavated. According to Region 7, there were five 

residential properties where the OSC discussed sample results with the property 

owner and KDHE and determined no soil would be excavated. For these 

properties, a total of five to six samples were collected and, depending on the 

property, results for as many as three of the samples collected at each property 

showed lead contamination at or above the action level. Region 7 referred the 

OIG to logbook entries on certain dates for discussions with KDHE and the 

property owner regarding no further action at the location in question. 

Using Region 7’s logbook references, we could not confirm the activities at these 

properties. The logbook references for these properties are limited and include 

only a sentence or two about a discussion with an individual at the property 

address and a sentence or two on discussions with KDHE. Discussions with 

KDHE only provide street names rather than specific property addresses. In the 

site files and logbook references Region 7 provided, we did not find signed 

documentation or conclusive evidence to verify the property owner agreement to 

take no further action where contamination was found at or above the action level 

in some but not all samples. In addition, the Removal Action Summary Report, 

13-P-0207 7 
 

 

 

 

Removal Site Evaluations, and pollution reports for the site contain no mention of 

these discussions with property owners or KDHE. 

Region 7 also explained that some discrepancies between the Removal Action 

Summary Report and Removal Site Evaluations for six properties with 

contamination at or above the action level could be resolved by address 

clarifications or property boundary adjustments. We reviewed the logbook 

references, site records and Region 7’s explanations for these six properties. We 

were unable to verify the excavation status for five of the six properties. 

EPA Cannot Provide Assurance Its Sampling Followed 

Proper Procedures 

We reviewed EPA’s sampling documentation for the 2001–2002 Time-Critical 

Removal Action and found EPA’s records were incomplete. Field notes necessary 

to verify that samples were properly collected were not available for all 

properties. Site records were not maintained in accordance with EPA policies and 

requirements for a removal action. EPA requirements included creating and 

following a site-specific QAPP. The QAPP for this site called for maintaining a 

field logbook to record all pertinent activities associated with sampling events. 

Information pertaining to all samples (i.e., sampling dates/times, locations, etc.) 

collected during this removal action was to be recorded on sample field sheets. An 

EPA record keeping policy11 requires the sampling and analysis data to be 

retained permanently. 

In our initial review, we found that nine residential properties lacked required 

field sheet documentation in the Removal Action Summary Report. We asked 

Region 7 at least 10 times over a 6-month period for the documents. The region 

was unable to provide documentation for all nine properties. In the new 

information and references Region 7 provided, it did not specifically identify 

where to find supporting documentation that was not present in the Removal 

Action Summary Report. Based on the new information and references that were 

provided, we were able to confirm supporting documentation for one of the nine 

properties. However, with the new information, we found seven additional 

properties without supporting documentation. Without complete documentation 

for these 15 properties, we cannot confirm that sample procedures were followed 

and that all properties with occurrences of lead contamination at or above the riskbased action level of 400 mg/kg were identified. 

We also reviewed the process used by EPA to determine the sampling boundaries 

for the removal action at this site. We found a residential property that may not 

have been sampled. The OSC has discretion in determining how the site will be 

evaluated. However, the QAPP states that if the results of the screening 

characterization indicate that surface soil contamination exists (i.e., lead 

11 EPA Records Schedule 013. 

13-P-0207 8 
 

 

concentrations greater than 400 mg/kg) beyond the specified limits of the site 

area, further sampling would be conducted using the same sampling design. The 

QAPP further states the OSC shall record deviations in the site logbook as 

necessary. The property we identified was located adjacent to another 

contaminated property. Subsequent to the issuance of the draft report, Region 7 

stated that this property was not excavated. It said KDHE collected a sample 

during the Removal Site Evaluation. The corresponding site sketch for this 

property provided three sample locations. One of the three sample results was 

over the action level of 400 mg/kg. No logbook references or other explanations 

were provided by Region 7 on why no action was taken at this property to address 

the contamination identified. 

Conclusion 

EPA stated in its records for the National Zinc Company site that the actual 

release of a hazardous substance (lead), if not addressed, presented an imminent 

and substantial endangerment to the health of the public that came into contact 

with the site and to public welfare and the environment. Without necessary and 

required documentation, which despite repeated requests to Region 7 could not be 

produced, neither we nor EPA can confirm that EPA identified and removed all 

contamination presenting an imminent and substantial endangerment to the public 

at this site during its removal action. As a result, we cannot confirm or dismiss the 

allegations of the hotline complaint. Lead poisoning can cause a number of 

adverse human health effects, and is particularly detrimental to the neurological 

development of children. Without additional documentation to demonstrate that 

risks to human health have been addressed, EPA will need to take further actions. 

EPA and other parties will likely incur additional costs to provide assurance that 

imminent and substantial endangerment to public health has been addressed at the 

National Zinc Company site. When risks rise to the level of imminent and 

substantial endangerment to public health, welfare, and the environment, EPA’s 

ability to quickly and clearly produce the records to show that those risks were 

addressed should be uncomplicated, regardless of the age of the records. 

Recommendations 

We recommend that the Regional Administrator, Region 7: 

1. Review all site records, including logbooks, to determine whether all 

imminent and substantial endangerment to public health at the National 

Zinc Company site was identified and addressed. To support the region’s 

determination: 

a. Revise or prepare an addendum to the Removal Action Summary 

Report. Provide any logbook pages, field sheets, site sketches, 

corrections, and any other missing documentation needed to 

13-P-0207 9 
 

 

provide a complete and accurate account of all properties 

identified, addressed and excavated during the removal action. 

b. Fully document and timely communicate any actions taken in 

response to issues identified in this report to the public. 

2. As needed, work with KDHE to ensure appropriate action is taken to 

respond to any imminent and substantial endangerment to public health at 

the National Zinc Company site. 

3. Document the costs to develop and implement the actions in 

recommendations 1 and 2. 

Agency Response and OIG Evaluation 

In response to our draft report, Region 7 stated that it addressed all imminent and 

substantial endangerment at residential properties that met the removal action 

criteria, as identified in EPA’s Action Memo during the 2001–2002 Time-Critical 

Removal Action. It stated that under an existing consent order the State of Kansas 

has with the responsible parties, there is already a mechanism in place to address 

any future imminent and substantial endangerment at the site. The region agreed it 

was unable to meet our October 2012 deadline for providing additional 

documentation and resolving questions at the site. It said that because it was in the 

process of a major move to a new facility it did not have access to the documents 

needed to meet the OIG deadline. 

In March 2013, we received 10 logbooks from Region 7. Region 7 acknowledged 

that copies of the logbooks provided to the OIG should have been included as 

appendices to the EPA Removal Action Summary Report. We reviewed the new 

information from Region 7 and checked the logbook references provided. We 

made changes to the final report where appropriate. Additional documentation is 

still needed to provide assurance and evidence of the scope of EPA’s 2001–2002 

removal actions. Based on the amount of documentation missing over the course 

of this evaluation and the inconsistencies we have identified between the Removal 

Action Summary Report, pollution reports, logbooks, and Removal Site 

Evaluations, we cannot determine whether there may be even more corrections 

needed to the site record. As a result, we clarified our first recommendation. 

Region 7 stated that it was still in disagreement with the recommendation, as 

clarified. 

In its response to the second recommendation in our draft report, Region 7 said 

that it would rely on the existence of a consent order between the State of Kansas 

and the responsible parties to address imminent and substantial endangerment to 

public health at the National Zinc Company site. However, the existing consent 

order would not preclude Region 7 from taking action at the site, if needed. 

Moreover, Kansas would need additional information from Region 7 to determine 

13-P-0207 10 
 

 

 

 

whether action is needed to prevent imminent and substantial endangerment on 

properties initially listed as sampled and/or addressed through EPA’s 2001–2002 

removal actions. Action needed could include the re-sampling of properties where 

documents in the site record do not fully confirm Region 7’s removal activities 

and/or the excavation of properties with contamination at or above the action 

level. We clarified this recommendation to ask Region 7 to work with Kansas to 

ensure any appropriate action needed is taken. Region 7 stated that it was in 

agreement with the recommendation, as clarified, but did not provide a timeline 

for its corrective actions. The corrective actions would depend on the outcome of 

the region’s response to recommendation 1. 

Before our final report was issued, Region 7 changed its position on 

recommendation 3. The region said that it is in agreement with this 

recommendation. However, it did not provide a timeline for its corrective actions 

planned in response to the recommendation. 

Region 7 noted that as a result of the information we found missing from EPA’s 

electronic and hard copy files for the site, it is taking steps to make sure that 

future pollution reports contain addresses of properties excavated as well as a 

clear description of all work that was done at the site. The region will also check 

that files for future sites contain scanned versions of documents necessary to 

support the work performed. 

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Status of Recommendations and 

Potential Monetary Benefits 

POTENTIAL MONETARY 

RECOMMENDATIONS BENEFITS (in $000s) 

Rec. 

No. 

Page 

No. Subject Status1 Action Official 

Planned 

Completion 

Date 

Claimed 

Amount 

Agreed-To 

Amount 

1 

2 

3 

9 

10 

10 

Review all site records, including logbooks, to 

determine whether all imminent and substantial 

endangerment to public health at the National Zinc 

Company site was identified and addressed. To 

support the region’s determination: 

a. Revise or prepare an addendum to the 

Removal Action Summary Report. Provide 

any logbook pages, field sheets, site 

sketches, corrections, and any other 

missing documentation needed to provide a 

complete and accurate account of all 

properties identified, addressed and 

excavated during the removal action. 

b. Fully document and timely communicate 

any actions taken in response to issues 

identified in this report to the public. 

As needed, work with KDHE to ensure appropriate 

action is taken to respond to any imminent and 

substantial endangerment to public health at the 

National Zinc Company site. 

Document the costs to develop and implement the 

actions in recommendations 1 and 2. 

U 

U 

U 

Regional Administrator, 

Region 7 

Regional Administrator, 

Region 7 

Regional Administrator, 

Region 7 

O = recommendation is open with agreed-to corrective actions pending 

C = recommendation is closed with all agreed-to actions completed 

U = recommendation is unresolved with resolution efforts in progress 

13-P-0207 12 

1 
 

 

 

 

 

 

 

 

 

Appendix A 

EPA Region 7 Comments to Draft Report 

and OIG Evaluation 

February 6, 2013 

MEMORANDUM 

SUBJECT: Response to Office of Inspector General Draft Project No. OPE-FY12-0021 

“Review of Hotline Complaint Regarding Residential Soil Contamination in 

Cherryvale, Kansas,” dated January 22, 2013 

FROM: Karl Brooks 

Regional Administrator 

TO: Carolyn Copper 

Assistant Inspector General for Program Evaluation 

Thank you for the opportunity to review the subject report. Following is a summary of Region 7’s overall 

position, Region 7’s position on each report recommendations, and an attachment of factual inaccuracies 

and technical comments. 

Region 7’s Overall Position 

Region 7 addressed all imminent and substantial endangerment at residential properties that met the 

removal action criteria, as identified in EPA’s Action Memo during its 2001-2002 time critical removal 

action. 

OIG Response 1: The OIG disagrees with Region 7’s unsupported assertion that all imminent and 

substantial endangerment at residential properties was addressed. The files needed to confirm all 

properties that should have been subject to the removal are not included in the electronic and hard copy 

files for the site. Region 7 told us in December 2012 and again in February 2013 that it had located the 

documents that would allow the region to respond to our questions and provide information on the 

removal action. On February 28, 2013, Region 7 provided a list of excavated residential sites and a list of 

sampled sites not excavated. It also provided references to additional information. On March 5, 2013, the 

OIG received 10 logbooks from Region 7 with hand-written site notes. While this information provides 

additional details on EPA actions at the site, it did not completely address the issues identified in our draft 

report and is not sufficient to confirm the removal activities identified and addressed all contamination at 

or above the action level. We cannot dismiss the possibility that contamination existing at the site during 

the 2001–2002 Time-Critical Removal Action may not have been fully identified and/or addressed. 

Under an existing consent order the State of Kansas has with the responsible parties, there is already a 

mechanism in place to address any future imminent and or substantial endangerment at the site. 

13-P-0207 13 
 

 

 

 

 

OIG Response 2: We clarified this recommendation to acknowledge that EPA will need to work with the State 

of Kansas to ensure that any needed action is taken. We could not find any provisions in the existing consent 

order that would prohibit EPA from taking action to address contamination at the site if necessary. Moreover, 

KDHE is operating under the premise that EPA’s 2001–2002 removal action was properly completed. At this 

time, the documents Region 7 has provided to us for review are neither an accurate nor a complete account of 

the removal action activities. Therefore, KDHE would not have the information necessary to determine what 

additional actions to protect public health, if any, would be required at properties included in EPA’s 2001–2002 

removal action. Region 7 agreed with the recommendation, as clarified. 

Region 7 provided OIG with documentation to support the excavation of residential properties in 

Cherryvale, Kansas. OIG compiled a list 35 excavated properties. Region 7 agrees it was unable to meet 

OIG’s October 31, 2012, deadline for providing additional supporting documentation to resolve questions 

related to 9 additional residential addresses. Region 7 was in the process of a major move to a new facility 

in Lenexa, Kansas, and did not have access to the documents to meet the OIG’s established deadline. 

OIG Response 3: OIG was able to compile a list of properties likely to have been excavated from the Removal 

Action Summary Report. However, we acknowledged that our list did not include all properties that tested 

above the action level during the Removal Site Evaluations. We asked Region 7 to confirm that this list was 

correct. We also asked for an explanation of what actions, if any, were taken at the properties identified with 

contamination above the action level in the Removal Site Evaluations. These properties met the criteria for 

EPA’s removal action and, if unaddressed, present an imminent and substantial endangerment to public health. 

Despite the regional office move, there were at least 10 opportunities over a 6-month period for Region 7 staff 

to locate the requested documentation. We have an email from regional staff which shows that the original 

request for the documents from the OSC to the records center was made in August 2012. After the region did 

not meet our October 31, 2012, deadline for providing the information, we informed regional staff that we 

would review the information if it turned up before the end of our assignment. In December 2012, we received 

an email from the audit liaison stating that Region 7 has begun “sifting” through the documents but it would 

take some time. 

During our exit conference on February 13, 2013, regional staff clarified that messages sent to us in September 

regarding the accessibility of the documents were incorrect. The regional staff further clarified that the boxes 

containing the logbooks were found on December 18, 2012. On February 28, the region added to its 

clarifications that an additional 127 boxes of documents that cover the National Zinc Site were located on 

November 7. The region indicated it started its review of the documents on January 8, 2013. 

On February 28, 2013, Region 7 sent OIG additional information on the removal action in an email. On March 

5, 2013, OIG received photocopies of 10 hand-written logbooks from Region 7. The information contained a 

list of properties excavated and sampled. The region explained that some properties with one or more samples 

testing at or above the action level were not excavated. In these cases, the region provided hand-written notes 

that it said documented that property owners agreed to no action. 

OIG reviewed the new information and supporting references provided by Region 7. While the region has 

provided additional details about the removal action, the additional information provided did not completely 

address the issues identified in our draft report. There are still inconsistencies and gaps in the site record and 

supporting documents provided by the region, particularly in the Removal Action Summary Report. As a result, 

we cannot confirm the removal action properly identified and addressed all contamination at or above the action 

level at the site. The region had several opportunities to provide this information in response to our January 22, 

2013, draft report and will have another opportunity to provide the information in its response to this final 

report. 

13-P-0207 14 
 

 

 

 

 

 

Region 7’s Response to Report Recommendations 

Disagreements 

No. Recommendation Agency Explanation/Response Proposed 

Alternative 

1. Develop and implement a plan 

to determine whether there is an 

imminent and substantial 

endangerment to the public 

health at the National Zinc 

Company site and fully 

document and timely 

communicate this plan to the 

public. 

Region 7 disagrees with this 

recommendation as a plan is already in 

place. 

Region 7 addressed all imminent and 

substantial endangerment at residential 

properties that met the removal action 

criteria, as identified in EPA’s Action 

Memo during its 2001-2002 time critical 

removal action. 

The Kansas Department of Health and 

Environment addressed contamination at 

the smelter property pursuant to an April 

2003 consent order with two responsible 

parties. 

Under this existing consent order, the 

Kansas Department of Health and 

Environment works with the responsible 

parties to address any future imminent and 

substantial endangerment to public health 

that may be identified. 

Not needed. 

2. As needed, take appropriate 

action to respond to imminent 

and substantial endangerment to 

public health at the National 

Zinc Company site. 

No Region 7 action is needed. 

Pursuant to an existing consent order, the 

Kansas Department of Health and 

Environment works with the responsible 

parties to address any imminent and 

substantial endangerment to public health 

that may be identified. 

Not needed. 

3. Document the costs to develop 

and implement the actions in 

recommendations 1 and 2. 

No action is needed. 

Any future response actions will be 

addressed under the Kansas Department 

of Health and Environment consent order 

by the responsible parties. 

Not needed. 

13-P-0207 15 
 

 

OIG Response 4: OIG disagrees with Region 7’s proposed actions in response to the recommendations. 

Neither OIG nor the region has, at this time, the information necessary to confirm whether all imminent 

and substantial endangerment to public health at the site was properly identified and addressed. Based on 

the amount of documentation missing over the course of this evaluation and the inconsistencies we have 

identified between the Removal Action Summary Report, pollution reports, logbooks, and Removal Site 

Evaluations, we cannot determine whether there may be even more corrections needed to the site record. 

There is an existing consent order between the State of Kansas and the potentially responsible parties at 

this site, but EPA should continue to be involved and ensure that any actions necessary to address 

imminent and substantial endangerment to public health at this site are taken. 

As a result of Region 7’s response and new information received in March 2013, we clarified 

recommendations 1 and 2 and held a second exit conference with Region 7 on March 22, 2013. In 

response to the revised recommendations, Region 7 disagreed with the clarification to recommendation 1. 

It said that it has retrieved and reviewed the site records, including log books, field sheets, and site 

sketches. Region 7 maintains that it addressed all imminent and substantial endangerment at residential 

properties that met the removal action criteria, as identified in EPA’s Action Memo during its 2001–2002 

removal action. However, Region 7 said that it would reformat the information to substantiate its position 

for inclusion in the site file. 

Region 7 agreed with the clarification to recommendation 2. It said that the revised recommendation 2 is 

its standard practice and that, in accordance with the National Contingency Plan, Region 7 will continue 

to coordinate with state counterparts. Region 7 also said that it now agrees with recommendation 3. 

However, it did not provide an estimated completion date for these recommendations. Therefore, 

recommendations 1, 2, and 3 are unresolved with resolution efforts in progress. 

Contact Information 

If you have any questions regarding this response, please contact Kathy Finazzo, Region 7 Audit Followup Coordinator, 913-551-7833. 

13-P-0207 16 
 

Appendix B 

Distribution 

Office of the Administrator 

Regional Administrator, Region 7 

Agency Follow-Up Official (the CFO) 

Agency Follow-Up Coordinator 

General Counsel 

Assistant Administrator, Office of Solid Waste and Emergency Response 

Associate Administrator for Congressional and Intergovernmental Relations 

Associate Administrator for External Affairs and Environmental Education 

Audit Follow-Up Coordinator, Office of Solid Waste and Emergency Response 

Audit Follow-Up Coordinator, Region 7 

13-P-0207 17