From: Ross Hartman

Subject: Conceptual Approach & Budgetary Pricing

Date: January 15, 2015 at 3:01:41 PM PST

To: America Unites

Hello,

I have taken many liberties as I have do not know how many windows or linear feet of caulking requires removal. Below is an outline of a conceptual approach and budgetary costs.

Conceptual Approach:

· Measure total linear footage of caulking within school buildings

· Collect necessary samples and analyze for PCBs

· Investigate potential secondary and sink sources

· Conduct the removal of source PCBs “assumed caulking” under a Bulk Product Removal

· Conduct cleaning of rooms in accordance with previously performed techniques that proved successful.

· Conduct air testing to determine effectiveness and evaluate if more sources need removal or substrate requires management

Budgetary Pricing based on assumptions of quantities:

· Measure total linear footage of caulking within school buildings, collect necessary samples and analyze for PCBs, Investigate potential secondary and sink sources

§ $125,000

· Conduct the removal of source PCBs “assumed caulking” under a Bulk Product Removal – assumes ~20,000 linear feet of caulking

§ Between $15-$30 per linear foot - $300,000 - $600,000

· Conduct cleaning of rooms in accordance with previously performed techniques that proved successful.

§ Assumes 30 days at $5,000 per day - $150,000 (crews can be doubled up to reduce time)

· Conduct air testing to determine effectiveness and evaluate if more sources need removal or substrate requires management

§ $50,000

· Reinstallation of Caulking –

§ ~$10 per linear foot - $200,000

It is conceivable the source removal can occur for a range around $900,000 to $1,125,000. This is purely an estimate with site unseen and should not be interpreted as a cost of services. I would be happy to visit the site in the event there is interest to perform this work.

I have provided a list of projects I managed that implemented similar approaches:

• MIT Westgate
• Harvard Peabody Terrance
• UMass Lederle
• UMass Southwest Concourse
• Lexington Estabrook School
• Westport Middle
• New Bedford High
• Southeast Regional Vocational School
• Town of Princeton – Thomas Prince School
• City of Worcester
• North Reading High
• Essex North Shore Agricultural & Technical High School
• Private Developer – 535,000 SF building removal of PCBs (full removal of PCBs in substrate to 1ppm)

Regards,

Ross Hartman

JM Environmental, Corp.

A WBE/DBE Certified Company

www.jmenvironmental.com

(A response to the District’s Press Release dated Dec 19^th, 2014)

December, 26^th, 2014

The PCB Christmas Break testing is a PR move by the district intended to reassure parents by first manipulating the cleanliness of the classrooms and then reporting that they are below EPA guidelines.

On Tuesday, December 16^th, 2014, the district ordered a “special” cleaning of the classrooms prior to Environ testing the dust and air. They asked teachers to remove all items from all surfaces so they can send a “special” crew to remove dust from surfaces; the same surfaces that Environ will be wipe testing hours later. This renders PCB results meaningless. The goal of wipe and air testing is to see what the students and staff have been exposed to for the past 4 months. However, if they clean it hours before testing then any evidence of PCB exposure is removed.

This was done to guarantee the results are below EPA guidelines. Sadly, these test results will be nothing more than a PR move by the district to reassure parents and waste taxpayer dollars.

Last summer, Environ proposed a pilot study to evaluate the effectiveness of PCB Best Management Practices cleaning. If the district is interested in knowing what students and staff are being exposed to through-out the year, why not investigate and perform unannounced, random wipe and air tests, rather than secretly clean all the dust before testing?

EPA States Caulk Tested by Independent Parties Must Be Removed

Steve Armann, EPA manager Region 9 states the district must remove all PCBs greater than 50 ppm in compliance with TSCA and “this includes caulk tested by independent parties.” (Click Here to Read)

The Oct 31^st approval by the EPA was very clear: “EPA’s included approval address (ONLY) the PCBs remaining in the substrate (known as PCB remediation waste) after PCB-containing caulk is removed at both schools.” Meaning PCB sources must be removed and the sources that have contaminated other material (called PCB remediation waste) can be left in place until renovation occurs and levels in air and dust remain below guidelines. (Click Here to Read)

Rooms so far tested over 50ppm

MHS: 1, 3, 5, 7, 8, 205, 401, 505, 506, 704, Old Gym Office, library

JC: office, 18, 19, 22, 23

PCBs Affect a Whole Building, Not Just a Single Window

If PCB-laden caulking over 50ppm has been found in one classroom, then it is probable that PCB-laden caulk is in all classrooms in that building. It would be absurd to propose removal of only the tested window (which is what the district has proposed) when adjacent windows used the same caulking that contain high levels of PCBs.

Buildings that have already shown caulking exceeding 50ppm:

MHS A, B, C, D, G, I, F, Old Gym and JC buildings A C, F.

Up to now, there has been no source testing done in:

MHS building H, or JC: B, D, E.

BMP Cleaning is to Reduce Exposure: It is NOT Remediation

PCB over 50ppm must be removed. BMP and hand washing frequently is not a long-term solution to PCBs. It has been over one year and the district should have done a full evaluation of the extent of PCBs caulking. This is a $65 test per window/door. The air and dust testing is much, much more expensive.

The district stated that their results from June 2014 sampling program indicate that a frequency of one annual BMP cleaning is more than sufficient to reduce PCBs levels in dust and air. (The EPA has not validated this statement.) This statement made by the district poses two questions:

1. If this is true, then why would the district be doing a secret “special” cleaning hours before dust and air tests?
2. How can the district make this determination when they have only performed one yearly cleaning (summer 2014) and have no data validating how long the cleaning lasts?

EPA and TSCA are very clear, PCBs must be removed, not managed in place.

The district states that tests have consistently reported PCB levels that were non-detectable or below EPA health standards. This is just not accurate. Environ set their detection limit to 75ng, so when Environ says PCBS are non-detect, it does not mean there are no PCBs, just that they are under 75ng, still a significant amount.

Environ did not follow EPA Recommendation When Air Testing was Over Limit

The EPA states in their Aug 14^th, 2014 letter to Sandra Lyon, that air testing is to be used to determine if there are PCBs present and then source testing is recommended to identify and remove PCBs in compliance with TSCA. Instead when tests came back over EPA guidelines, Environ re-cleaned classrooms multiple times (up to 3 additional times) until air tests were low and then deemed these rooms safe for occupancy. If 4 tests are taken and 3 don’t pass, wouldn’t that be an indication that there is a PCB source problem in that room that needs to be addressed?

The District is Spending an Outrageous Amount of Money to Distract Us

Everyone knows there are PCBs over 50ppm in the caulking. The levels have come back at some of the highest in the nation and the EPA has ordered the removal of PCBs including those from independent tests. The district is spending an outrageous amount of money to distract the public rather than face this head on, test and remove PCBs in compliance with Federal law. In the end, they will have to comply; the law is the law.

So the 2 million dollar question is, why spend over 2 million dollars with Environ doing “distraction” testing and Pillsbury Law firm rather than spend it to remove PCBs from our children’s schools? Especially when the costs to remove PCB-laced caulking is estimated to be approximately $500,000.

*******

America Unites for Kids (Malibu Unites) are a 501c(3) non-profit working to ensure all children and those that educate them are not exposed to hazardous toxins that can harm their health. Thank you for your continued support to protect all children in all schools and strive for Environmental Health Excellence.

We all want to know the truth. Has the district used the proper tests to evaluate the school? Will our children get sick today or in the future from the PCBs found at MHS and JC. In the past week, the district’s newly hired PR firm has sent out messages regarding the re-opening of buildings at MHS. Air and wipe testing being performed by the district will not determine future exposure or be protective of student and teacher’s health. While cleaning of the buildings is fantastic, it does not remove the PCBs. The Federal Violations still remain. Congress has clearly stated in the Toxic Substance Control Act regulation that, “PCB concentrations of 50 ppm or greater present an unreasonable risk of injury to health.” MHS/JC have 6 different buildings with levels over 50ppm. TESTING COMPARED: IT’S APPLES and ORANGES: The district is surface wipe testing and air testing only. The independent test results released by Malibu Unites/PEER showed 370,000ppm in the caulking, which caulking is the source of PCBs. PCBs in caulk are regulated under Federal Law, but air testing and surface wipe testing are not. Surface wipe (wipe) tests involve measuring a small area (100x100cm) as a representative sample of a much larger surface (classroom). This wipe test will provide information about that small area in that moment of time it was taken. The wipe sample will show PCBs that have been released from a source (e.g. caulk). PCBs come out of the caulk and into the dust, which is why wipe samples are lower than caulk samples. Air testing reveals the PCBs in the air at that moment of time the test is administered. Studies have showed that classrooms tested multiple times reveal significantly different results based on a number of factors, like temperature, ventilation, testing methods, etc. It costs $100 to test the caulk. PCBs were not applied evenly in caulk around the window frames, as they were mixed in at the job site. The only way to determine whether there are PCBs in or around a window frame is to remove several pieces of the PCB source material (in this case the window caulk) and test that material. Environ has not performed this type of testing. The data that has been released by the district and the data that has been released by Malibu Unites/PEER is like comparing apples to oranges. The apples (wipe and air testing) cannot tell the whole story. The oranges (caulk testing) will reveal the nature and extent the PCB contamination is throughout the campus; which is why the caulk must be tested in each pre-1979 classroom.

If the EPA and the district is so confident that the school is ‘safe’ then test the caulk and prove it.

In the April 4th update, Superintendent Lyon denies request for cooperation with Malibu Unites independent expert for oversight. She states that she thinks Environ can peer review itself. This is not oversight, this is control. A company can not PEER review itself! Presenting only the district’s expert’s viewpoint to the EPA and DTSC for approval in not independent oversight. The district continues to not show good faith, transparency or concern for community input. The only way to ensure that this process is transparent and trustworthy is to allow full cooperation with Malibu Unites’ independent expert team on behalf of the community.

While the district is more interested in controlling the entire situation, the EPA and the DTSC understand the value of community oversight and working with the experts at Malibu Unites. The EPA will provide our expert the testing plan once they receive it. This plan is due on Friday, April 25th, 2014. Our experts will then make comments and suggestions to the EPA regarding this plan for their approval. Malibu Unites will send the experts comments and analysis to the community. The DTSC has agreed to a similiar procedure when they receive their plan expected in May.

Environ has had ample time to formulate a testing plan and they are solely responsible for slowing down this process. The EPA and DTSC, have both been waiting for Environ’s testing plan to review since late March. Environ asked the EPA for an extension on the March 30th, 2014 deadline to vet the plan to the community. The EPA extended it to April 25th for this reason, but Environ did not vet this plan to the community at all. Instead Environ has added 4 questions to the DTSC survey concerning Best Management Practices (BMP) cleaning, which is a remediation tactic and school cleaning program recommended by the EPA to remove dust that may contain PCBs that can cause exposure. These questions have nothing to do with a testing plan.

BMP is no substitute for identifying the source of the PCBs and removing them so that we no longer have to clean PCBs from the dust or the air. Environ should not be polling the community for a remediation recommendation or cleaning program. They should have the experts to do a scientific analysis of BMP. If the EPA is recommending BMP as an effective remedation tool to reduce exposure, then they should have the testing data to back it up and know exactly how often BMP is necessary to be effective at removing PCBs. Asking our community about remediation before assessing the school with proper and comprehensive testing is not responsible. Once the caulk is tested and sources are identified, we can all discuss remediation options that may or may not include BMP.

Important to note that the Best Management Practice Professional HEPA Cleaning that was done at MHS in December 2013, was not effective. Therefore, no one can assume that BMP performed by our maintenance staff will reduce exposure. For example: the GYM office was pretested at 96.7ng, then BMP HEPA cleaned for approximately $5000, and post-tested at 89ng. This is a 7 ng reduction and evidence that BMP even by professionals is not effective at reducing PCB exposure in the air, so the likelihood of a school’s maintenance staff to do this is not likely. (no wipe samples were taken in this room)

Environ’s proposed schedule shows testing to occur in July, but no plans for remediation. This is not acceptable. This envrionmental issue should not spill into the 2014-2015 school year. The SMMUS Board as well as the Superintendent should be pushing them to a stricter deadline that is in the best interest of the children and teachers. The Board and Superintendent are not doing their job but sitting back and allowing this to drag on at the expense of our children health and stress regarding being in a hostile environment not knowing the cumulative levels of exposure they are receiving.

During the interview process with Environ, they along with the other 3 interviewees proposed that comprehensive testing would be done by the end of the school year so we could remediate during the summer, when no one was on the campus. Other firms that day had presented a complete timeline that showed testing would have been done by now so that we could plan remediation to occur over the summer.

Lyon also stated in her update that the task force agreed to hire Parsons, this is not true; the district hired Parsons all on their own. In the 2009 discovery of toxic soil, another Parsons’ employee, did not inform the parents and staff of the “Pesticides and PCBs (that) were present…at concentrations that presented an unacceptable health risk” as stated in the Arcadis report. Another firm hired the district and reports solely to the district is not considered appropriate independent oversight. Click To Read Update and See the Schedule

Do you know the story from the Matrix starring Keanu Reeves?

“You take the blue pill, the story ends. You wake up in your bed and believe whatever you want to believe. You take the red pill, you stay in wonderland, and I show you how deep the rabbit hole goes.” -Morpheus to Neo

The term red pilll is defined as a human that is aware of the true nature of the Matrix (our world). I took the red pill. I am now in this with my eyes wide open. Before Oct 2013, I cleaned my house with regular chemicals and didn’t think twice, I sat on my couch and cuddled with my kids and didn’t think twice, and I sent my kids to school thinking they were in a safe environment and I didn’t think twice. Fast forward, just 6 months later and my eyes are wide open. I took the red pill. I check the labels on my cleaning products, I wonder if my couch has PBDEs and I know what needs to be done to our beloved MHS and elementary schools to ensure our children are in a safe environment.

No one told me that if I take the red pill there is no way out. That red pill must be connected to our moral compass and now I am in it for the long hall. I don’t see a way out, I only see opportunities to make our world healthier and safer. Someone told me that it is my turn to become a steward of our environment. I wasn’t sure what that would entail, but for my kids; all of our kids, I will gladly find out.

Recently at a basketball game at MHS, a fellow parent asked me if I regret getting involved with this issue at MHS because of the time commitment and road blocks. Of course I said no right away And I really don’t regret it at all. But as I thought more about it, I realized that you never know when or who will call on you to join something that matters and that is bigger then yourself; and for me this is one of those times. I am not sure how deep the rabbit hole goes… but I am in for better or for worse. But with all you, the amazing people that are in this with me, I know it will be for the better; not just for Malibu schools, but I hope for all schools in California and across the Country.

Who’s ready to take the red pill?

Please check out this award winning short video from HealthyChild.org, not only is it beautifully done, but it is eye-opening. I hope you enjoy it.

Warmest Regards,

Jennifer deNicola

(letter to the editor in response to Arnold York’s The Politics of Hysteria article on March 19, 2014)

MOST DEFINITELY HYSTERICAL

I am a parent of a 6^th grader at Malibu High School. Last October, I attended a standing-room-only meeting led by district superintendent, Sandra Lyon, who promised the families of Malibu High that she would do all she could to fix the problem (that was identified back in 2009) in a timely manner. Now, it’s the end of March, and the problem is not even close to being fixed, despite the fact that the district’s initial testing triggered the EPA’s regulatory control which meant a federal government agency had to be brought into the mix and we still, to date, don’t know how widespread the PCB contamination is. I am not a researcher. I’m a mom with a fierce desire to keep my family safe. Despite my non-scientist status, here’s what I know. I know that toxins are not just up at Malibu High; they are everywhere. I know that the air we breathe, the ocean and pools we swim in, the food we ingest and the water we drink and bathe in have toxins. The chemicals in our deodorant, make-up, lotions, perfumes, cleaners, detergents; the list goes on and on; also are increasing our toxin load. I know that a toxin does not stand-alone. It combines with all the other toxins we’ve encountered over our lifetime, resulting in cumulative damage. You know what else I know? I know that when I was eight months pregnant, I began having gran mal seizures, seemingly out of nowhere. “Out of nowhere” became a brain tumor. And when that tumor was removed and biopsied, it was a Grade Four Glioblastoma. Not to sound trite, but there is no Grade Five. I thought I wouldn’t live to see my child walk. Given that there is no genetic link when it comes to brain tumors, I began to live a cleaner, less toxin-filled life. Eleven years later, I’m alive and have a beautiful kid, who I look at and think of all the things I can’t control that heighten her toxin load. But the things I can control – like the possible contamination up at the high school, where she spends a minimum of 35 hours a week, August through June – I want answers and I want them now. So when someone says to me that I am “governed by the politics of hysteria,” I nod my head, agreeing that, when it comes to my kid and her health, I am most definitely hysterical.

I am encouraged by the latest announcement from our district representatives re: the testing of MHS and JCES. The district has heard our voices, but we must continue to speak up with vigilance. Malibu Unites helps us do this as a cohesive group. This isn’t just a school issue; it’s a community issue. If you live up by the high school, if you play on their fields, even if you just walk your dog around their track, we need you to speak up. Please join Malibu Unites at malibuunites.com, like them on Facebook at Malibu Unites and follow them on Twitter @MalibuUnites.

Sky Kunerth

Mother and Malibu Unites Advocate

Click Here to See Arnold York’s Article

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