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CC SR 20210302 06 - Containment Support Letter (DDT Dumping) CITY COUNCIL MEETING DATE: 03/02/2021 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to receive a report on the history of DDT dumping off the Palos Verdes Peninsula coast to send a letter supporting containment and remediation. RECOMMENDED COUNCIL ACTION: (1) Receive and file a report on the history of DDT dumping off the Palos Verdes Peninsula coast; and (2) Authorize the Mayor to sign a letter to federal and state agencies calling for a new assessment of the extent of offshore DDT contamination, enhanced monitoring of sediment and wildlife, and options for containment and remediation. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Megan Barnes, Senior Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Montrose Settlements Restoration Program fact sheet (page A-1) B. October 2020 Los Angeles Times article on DDT dumping: https://www.latimes.com/projects/la-coast-ddt-dumping-ground/ C. Draft letter to federal and state agencies on DDT dumping (page C-1) BACKGROUND: In recent months, the issue of historic chemical dumping off the coast of the Palos Verdes Peninsula has come into renewed focus amid new revelations about the known extent of the activity. 1 According to the recent RPV Citizen Satisfaction Survey, impacts of chemical dumping off the coast were ranked the second most concerning local environmental issue among respondents after ocean/beach pollution. Health of marine life was ranked the fourth most concerning local environmental issue. At the request of the Mayor, tonight, Staff will provide a brief overview of the history of DDT dumping off the coast and new information that has surfaced. If the City Council wishes to support renewed advocacy on this issue, Staff has prepared a draft letter to federal and state agencies calling for a new assessment of the extent of offshore DDT contamination, enhanced monitoring of sediment and wildlife, and options for remediation and containment. DDT Production and Sewer Dumping From the 1940s through the early 1970s, dichlorodiphenyltrichloroethane (DDT) was a popular pesticide widely used in agriculture and to combat insect-borne diseases. DDT was banned in the United States in 1972 due to its harmful effects on wildlife and humans, though it is still used in some parts of the world to control the spread of malaria. The largest manufacturer of DDT was the Montrose Chemical Corporation located near Torrance on Normandie Avenue near Del Amo Boulevard. Millions of pounds of DDT from the Montrose plant were dumped through the sewer system into the ocean through 2 the White Point outfall off the coast of San Pedro, resulting in large-scale contamination of the sediment of a submarine area just off the coast of the Peninsula known as the Palos Verdes Shelf. DDT is a persistent, toxic chemical compound that accumulates as it moves up the food chain through fish, animals and humans through a process known as biomagnification. It has been shown to cause eggshell-thinning in birds of prey, and has been linked to the dramatic decline of bald eagles, peregrine falcons, and other seabirds. Chemical levels in some fish have been detected at such high levels that the State of California has issued warnings and restrictions to reduce the risk of cancer, liver disease and birth defects. Montrose discontinued manufacturing DDT and closed its plant in 1983. The company was later sued by the federal and state governments for causing environmental contamination. In 2001, a $140 million settlement was reached with Montrose and related companies to clean up Superfund sites — including the 17-square-mile Palos Verdes Shelf — and support habitat restoration projects and public education campaigns about poisoned fish (Attachment A). In 2009, the Environmental Protection Agency (EPA) announced it intended to implement a capping project for the Palos Verdes Shelf Superfund site that would place clean sediment over the contaminated ocean floor. However, this approach was suspended when the agency determined the site condition changed and capping may no longer be effective. The EPA is developing a feasibility study for a final remediation strategy. Among projects resulting from the Montrose settlement was the recently completed Palos Verdes Reef Restoration Project, which constructed artificial reefs just off the coast of Rancho Palos Verdes to restore rocky reef habitat that was destroyed by sediment from landslides. According to the Vantuna Research Group at Occidental College, fish and invertebrates, including kelp bass, sheephead, and lobsters, have returned to the site. A first full annual report is set to be released by May 1. Offshore Barrel Dumping In October 2020, a Los Angeles Times investigation shed light on Montrose’s additional practice of dumping thousands of barrels of DDT-contaminated sludge into deep ocean waters via barge between the coast of the Peninsula and Catalina Island, puncturing some to ensure they would sink (Attachment B). Although this dumping activity was not previously undisclosed, it was lesser-known and not the focus of the Montrose settlement. The article highlighted research by Dr. David Valentine, a professor at UC Santa Barbara, who used a deep-sea robot to confirm the presence of these leaking barrels and test sediment for DDT contamination. Dr. Valentine’s discovery was further confirmed by reporting by the Los Angeles Times, which found that as many as 500,000 barrels of the DDT-laced acid waste could be on the sea floor. It should be noted that these barrels appear to have been dumped mostly in federal waters. 3 In addition to the mass dumping of barrels, the article raised questions about the success of long-term remediation efforts at the Palos Verdes Shelf Superfund site. As noted above, the EPA is in the process of developing a feasibility study for a final strategy. DISCUSSION: In the months since the publication of the Los Angeles Times article, environmental groups including Heal the Bay and LA Waterkeeper have called for action on this issue, including further study of the true extent of the DDT dumping and contamination and enhanced monitoring of sediment and affected wildlife. It is Staff’s understanding that the office of Senator Dianne Feinstein has engaged congressional representatives from the South Bay and Harbor Area to explore myriad issues raised by the Los Angeles Times reporting, questions of jurisdiction, an assessment of the full extent of the contamination, implications for the health of wildlife and humans, and potential remediation options. Staff understands that the offices of Representatives Ted Lieu, Alan Lowenthal and Nanette Barragán have participated in meetings with Senator Feinstein’s office, the EPA and the National Oceanic and Atmospheric Administration (NOAA) regarding these issues. Additionally, Assemblymember Al Muratuschi has met with Governor Gavin Newsom’s Deputy Secretary for Ocean and Coastal Policy and is awaiting recommendations on what can be done at the state level. If the City Council wishes to support renewed advocacy on this issue, Staff has prepared a draft letter to the EPA, the Los Angeles Regional Water Quality Control Board and the California Coastal Commission calling for a new assessment of the extent of offshore DDT contamination, enhanced monitoring of sediment and wildlife, and options for containment and remediation. The letter also calls for an update on the status and success of remediation at the Palos Verdes Shelf Superfund site. CONCLUSION: Given the new information about the extent of local DDT dumping and residents’ interest in this issue, Staff recommends the City Council (1) receive and file tonight’s report; and (2) authorize the Mayor to sign a letter, as drafted, or with revisions, to federal and state agencies calling for a new assessment of the extent of offshore DDT contamination, enhanced monitoring of sediment and wildlife, and options for containment and remediation. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 4 1. Receive and file a report on the history of DDT dumping off the Palos Verdes Peninsula coast and direct Staff to take no further action. 2. Take other action, as deemed appropriate. 5 Program History From the late 1940s to the early 1970s, millions of pounds of DDTs and PCBs were discharged from industrial sources through a wastewater outfall into the ocean near Los Angeles. Large quantities of these chemicals remain in the marine environment and continue to harm birds and impair fishing in the Southern California Bight (marine waters covering the mainland shelf from Point Conception to the Mexican border including the Channel Islands). Throughout the U.S., DDT has caused Bald Eagles and Peregrine Falcons to lay thin-shelled eggs that dessicate or break during incubation. For many years, Bald Eagles reintroduced to Catalina Island had difficulty hatching their eggs with out human assistance. In addition, some species of seabirds exhibited severe eggshell thinning. For certain species of fish contaminated with high levels of DDTs and PCBs near Los Angeles, the State of California has issued fish consumption advisories. The State has also banned commercial fishing for white croaker near the Palos Verdes Peninsula. The State and Federal governments initiated action against Montrose Chemical Corporation and the other polluters responsible for the natural resource injuries. In December 2001, a final settlement was signed, ending ten years of litigation. MSRP PRogRaM oveRview Gabrielle Dorr Montrose Settlements Restoration Program 501 W. Ocean Blvd. Suite 4470 Long Beach, CA 90802 (562) 980-3236 gabrielle.dorr@noaa.gov www.montroserestoration.gov August 2013 Cleanup and Restoration Following the Superfund law, these funds are being used for two different kinds of activities: 1. The U.S. Environmental Protection Agency (EPA) and the California Department of Toxic Substances Control will use a share of the funding to reduce the exposure of people and wildlife to DDTs and PCBs. For example, these agencies are considering several remediation, or “cleanup,” options, and are conducting additional efforts to prevent commercial catch of and reduce public consumption of contaminated fish. 2. The Natural Resource Trustees, through the Montrose Settlements Restoration Program (MSRP), was awarded approximately $38 million to restore natural resources harmed by DDTs and PCBs. California Scorpionfish (David Witting, NOAA) Bald eagle (Lee Emery, USFWS) National Oceanic and Atmospheric Administration; National Park Service; U.S. Fish and Wildlife Service; California Department of Fish and Wildlife; California Department of Parks and Recreation; and California State Lands Commission. Who are the Natural Resource Trustees? The Natural Resource Trustees are a group of six federal and state resource agencies that together administer the Montrose Settlements Restoration Program. These agencies are: www.montroserestoration. noaa.gov www.facebook.com/ msrprestoration A-1 MSRP PhaSe 1 ReStoRation highlightS Cassin’s Auklet chick during banding. (Laurie Harvey, CIES) Scripps’s Murrelet chicks in nest. (Darrel Whitworth, CIES) Restore Nesting Habitat for Seabirds on the Channel Islands MSRP is restoring seabird nesting habitat on the Channel Islands, specifically on Scorpion and Orizaba Rocks, Santa Barbara, Santa Cruz, and San Nicolas Islands. Seabird restoration projects include non-native plant and animal removal, revegetation with native plants, and social attraction. Since 2007, MSRP with the help of partner organizations, planted 20,000+ native plants, installed 50+ artificial nests, removed feral cats from San Nicolas Island, and completed several years of seabird and oceanographic monitoring surveys among the islands. In 2011 and 2012, biologists discovered Cassin’s Auklet seabirds nesting in newly restored habitat on Santa Barbara Island. Seabird nesting habitat restoration work began on several Baja California Pacific Islands in 2013. MSRP Phase 1 restoration projects are in various stages of implementation. The following are highlights for Phase 1 projects. Restore Bald Eagles to the Channel Islands MSRP implemented a feasibility study to determine whether the northern Channel Islands could support a self-sustaining population of Bald Eagles. The Institute for Wildlife Studies biologists successfully released 61 eagles on Santa Cruz Island and initiated a comprehensive monitoring program. The first natural hatching of a Bald Eagle in 2006 on Santa Cruz Island was a milestone for the study. Since the first natural hatchling, biologists have continued to observe successful nesting among the Channel Island Bald Eagles currently breeding on four of eight Channel Islands. Approximately 60 eagles reside on the Channel Islands and new pairs are expected to establish additional breeding territories across the Channel Islands. Outreach Focus: MSRP Gets High-Tech In recent years, MSRP has incorporated technology into public outreach activities to engage the public in important restoration projects taking place throughout Southern California. Visitors to local science centers and aquaria can experience California native wildlife in 3D at an MSRP kiosk. From your computer at home you can watch the underwater world of the wetlands in Huntington Beach on a live webcam. You can also view Bald Eagle chicks live in their nests on the Channel Islands Live Bald Eagle webcam broadcasting from Santa Cruz and Catalina Islands. MSRP Fish Webcam www. montroserestoration.noaa.gov/ multimedia/fish-webcams/ Bald Eagle Webcam www.montroserestoration.noaa.gov/ multi-media/bald-eagle-webcam/ Interact with 3D Animations www.montroserestoration.noaa.gov/ multimedia/3d-animation/ A-2 Monitor Peregrine Falcons on the Channel Islands In 2007, a comprehensive Peregrine Falcon monitoring effort across all eight of the Channel Islands was completed. Biologists found 25 active territories and 16 falcon pairs that successfully hatched eggs to produce a total of 35 young. One of the highlights of the 2007 survey was the documentation of a successful breeding pair on Santa Barbara Island. This event was the first documented breeding on the island in over 50 years! MSRP is planning to conduct a second monitoring survey in 2013. Divers working in kelp forest. (David Witting, NOAA) Young girl during youth fishing derby. (Gabrielle Dorr, NOAA) Restore Recreational Fishing in Southern California MSRP is providing information to the public about fish contamination and improving access to a diversity of healthy fish species. MSRP, along with partners, created several popular outreach products including a “Common Subsistence and Sport Fish of Southern California” identification card with safe fishing tips and the “What’s the Catch?” comic book, both in three different languages, which are distributed to the public every year. Outreach mini-grants awarded to youth fishing organizations by MSRP are spreading the word about safe fishing and how to avoid “Do Not Consume” fish species. In the near future, MSRP hopes to build artificial reef modules along the Belmont Pier in Long Beach, California, to attract a greater diversity of fish species available for consumption. Restore Fish Habitat in Southern California MSRP focused on two major areas of fish habitat restoration for Phase 1, wetlands and Marine Protected Areas (MPA). Partial funding for Huntington Beach Wetlands was used to restore Talbert and Brookhurst Marshes in this complex and opened up approximately 140 acres of wetland habitat to full-tidal flow. MSRP funding for Bolsa Chica Wetlands supported dredging of the ocean inlet to maintain full tidal exchange. MSRP funded the National Park Service and the Partnership for Interdisciplinary Studies of Coastal Oceans to collect data on the effective management of MPAs. MSRP PhaSe 1 ReStoRation highlightS Aerial view of Huntington Beach Wetlands restoration. (Earthcam, NOAA) Peregrine Falcon chicks in nest after banding. (Brian Latta, TBG) A-3 MSRP PhaSe 2 ReStoRation PRojectS Restore Subtidal Reef and Kelp Forest Habitat on the Palos Verdes Shelf MSRP is restoring critical fish habitat on the Palos Verdes Shelf. Kelp forests and rocky reefs are known to produce more fish than other habitat types and typically have fish with lower concentrations of DDTs and PCBs in their tissues. MSRP will build artificial reef modules in areas impacted by sediment erosion along the coast. Kelp forests in this area have been impacted by the loss of urchin predators which resulted in an increase in urchins essentially wiping out kelp forests. For this project, MSRP will partner with commercial urchin divers and local non-profit organizations to perform urchin barren control allowing for natural kelp recruitment and growth. The kelp forest restoration project began in 2012. Monitor Bald Eagles on the Channel Islands MSRP is monitoring Bald Eagles on the Channel Islands to determine if a self-sustaining population is feasible. The monitoring program continued from Phase 1 will focus on breeding activities, investigation of diet, survival and contaminant analysis. The program has shifted from extensive year- round monitoring to a more directed focus of understanding the eagle’s annual population status. Monitor the Recovery of Peregrine Falcons on the Channel Islands MSRP will conduct two comprehensive monitoring efforts on the Channel Islands during Phase 2. Biologists will monitor active Peregrine Falcon territories to determine their reproductive success and levels of DDT will be measured from egg and blood samples. Restore Seabirds to Santa Barbara Island and Scorpion Rock MSRP will continue and expand the restoration work on Santa Barbara Island and Scorpion Rock from Phase 1. On Santa Barbara Island, biologists will expand existing restoration sites and add new sites. MSRP will continue with removal of non-native plants on Scorpion Rock until native plants are fully established and outcompete non-native plants. Biologists will also install nest boxes and social attraction devices on Santa Barbara Island and continue monitoring of seabirds at both areas. Restore Ashy Storm-Petrels on the Channel Islands In Phase 2, biologists will continue work on Orizaba Rock projects but also may expand to include restoration projects throughout the Channel Islands as appropriate. Activities may include improvement of nesting habitat, social attraction, installation of artificial nesting boxes, monitoring, and performing contaminant analysis on eggs. Reduce Seabird Disturbance on the Channel Islands This project will build upon on- going seabird disturbance reduction efforts that have been developed by the Seabird Protection Network of California. Beginning in 2013, the focus of this project will be on developing and enforcing appropriate seabird colony protective measures, educating the public and specific user groups about protective measures, and evaluating program effectiveness for integration into statewide seabird management programs. MSRP projects from the Phase 2 Restoration Plan are described below. Ashy Storm-Petrel using marine debris for nest. (Darrell Whitworth, CIES) Diver collecting urchins during removal project. (David Witting, NOAA) A-4 March 2, 2021 Via Email Dr. Deborah Jordan, Deputy Regional Administrator Region 9, Pacific Southwest Office U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 The Honorable Lawrence Yee, Chair Los Angeles Regional Water Quality Control Board 320 W. 4th Street, Suite 200 Los Angeles, CA 90013 The Honorable Steve Padilla, Chair California Coastal Commission 455 Market Street, Suite 300 San Francisco, CA 94105 SUBJECT: Assessment of Offshore DDT Dumping Dear Regulators, The City of Rancho Palos Verdes is troubled by the revelations reported in the Los Angeles Times regarding the true extent of DDT dumping off the coast of the Palos Verdes Peninsula. This issue has been of high interest to our community for decades. In fact, a recent survey of Rancho Palos Verdes residents found that the impacts of chemical dumping in our coastal waters was the second most concerning local environmental issue among respondents after ocean and beach pollution. Health of marine life was ranked the fourth most concerning local environmental issue by respondents. The protection of our natural resources is a tenet of the City’s founding values. But we cannot determine whether DDT remediation efforts have been effective if we do not know the full extent of the harm done to our ecosystem. We are calling on federal and state agencies to conduct an assessment of how many barrels of DDT-laced waste are on the seafloor, where they are located and leaking, how much the DDT has spread and accumulated, and what can be done to contain the leaking and clean up contamination. Increased monitoring of sediment and wildlife is key to understanding the long-term damage of this activity on our environment. C-1 Additionally, the City requests a comprehensive update on the status and success of long-term remediation efforts at the Palos Verdes Superfund site, which is located just off the coast of Rancho Palos Verdes. We support efforts to keep this important issue on the forefront and are eager to learn what actions can be taken to ensure it is being adequately addressed. Sincerely, Eric Alegria Mayor cc: Dianne Feinstein, U.S. Senator, California Alex Padilla, U.S. Senator, California Ted Lieu, U.S. Representative, 33rd Congressional District Alan Lowenthal, U.S. Representative, 47th Congressional District Nanette Barragán, U.S. Representative, 44th Congressional District Ben Allen, Senator, 26th State Senate District Steven Bradford, Senator, 35th State Senate District Al Muratsuchi, Assembly Member, 66th Assembly District Patrick O’Donnell, Assembly Member, 70th Assembly District Janice Hahn, L.A. County Supervisor, 4th District Joe Buscaino, L.A. City Councilmember, 15th District Ann Marshall, Mayor, City of Avalon Shelley Luce, President and CEO, Heal the Bay Bruce Reznik, Executive Director, LA Waterkeeper Tom Ford, CEO, The Bay Foundation Rancho Palos Verdes City Council Ara Mihranian, City Manager Karina Bañales, Deputy City Manager C-2