PAS 2.5001

200991

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2S90 WOOOBPIDGE AVENUE EDiSON, itEW JERSEY •)<Vio7-3679

ACTION MEMORANDUM RV 1

DATE: MAY 2 8 2009

SUBJECT:

FROM:

Confirmation of a Verbal Authorization for a Removal Action at the PAS Irwin Dump Site, Oswego, New York ,

( jfjf) David Rosoff, On-Scene Coordinator V • iff jk>£ r ry^ Removal Assessment and Enforcement^ection

TO:

THRU:

Walter E. Mugdan, Director Emergency and Remedial Response Division

Joseph D. Rotola, Chie£ v / /, Removal Action Branch

./•/ Site ID: KR

I. PURPOSE

The purpose of this Action Memorandum is to confirm verbal authorization granted by the Division Director on April 22, 2008 for the removal action described herein for the PAS Irwin Dump Site (Site), located on Byer Road in Oswego, New York.

I ^ n r l n P T ^ ^ S a u t h o r i z c d w a s $25,000 of Direct Extramural Funds, of which u i , S

J

f t , n d e d k o m t h e Regional removal advice of allowance to provide feneing to secure the Site and mitigate the threat posed by drums of hazardous waste and contaminated soil on the Site. Conditions at the Site met the criteria for a removal action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA) 4^ U.S.C. §9601 to 9675, and as documented in-Section 300.415(b)(2) ofthe National Contingency Plan (NCP).

PAS 2.5002

The Site is not on the National Priorities List (NPL) and there are no nationally significant or precedent-setting issues associated with the response action.

II. SITE CONDITIONS AND BACKGROUND

The Comprehensive Environmental Response, Compensation, and Liability Information System identification number for the Site is NYN000511618.

A. Site Description

I . Removal Site Evaluation (RSE)

The U.S. Environmental Protection Agency's (EPA's* Removal Action Branch evaluated the PAS Irwin Dump Site to determine whether conditions there warranted a CERCLA removal action The Site is located near the intersection of Johnson Road and Byer Road in the City of Oswego New York (see Figure 1). The Site is on a one-acre parcel of open land and is part of a four-acre construction debris landfill located at 70 Byer Road. Commercial properties are immediately adjacent to the Site and residential properties are within 500 feet ofthe Site.

Reportedly, approximately 250 drums from the Pollution Abatement Services site in the City of Oswego were buried on the Site in the mid-1970s. The drums were brought to the developing construction debris landfill at 70 Byer Road and buried on its northern edge by Mr. Richard Irwin former owner and operator ofthe landfill. The drum burial area was not on the.property formerly owned by Mr. Irwin but on the adjacent northerly property. Apparently, while filling the property at 70 Byer Road, Mr. Irwin extended the filling onto to the property owned by the former resident at 2652 Johnson Road. Currently, the Site is unoccupied open land owned by the new owner of 2652 Johnson Road (Herbert Hays). The former Irwin-owned portion ofthe landfill at 70 Byer Road is now owned by the City of Oswego.

There was a release and a continuing threat of release of CERCLA designated hazardous substances at the Site, which is a facility under Section 101(9) of CERCLA. Between December 10 and December 14, 2007, EPA conducted a removal assessment at the Site. Drums containing hazardous waste and hazardous substances were found buried on the Site in a 60 x 40 foot area to a depth of approximately 15 feet below ground surface. Many of these drums were badly corroded or damaged and had released their contents into the soil. Approximately 150 drums of industrial waste and 200 cubic yards of grossly contaminated soil excavated from the drum burial area were staged at the Site by EPA during the December 2007 removal assessment. Additional drums of waste and contaminated soil remained buried in the drum burial area following the assessment. Sampling ofthe material m the drums and soil revealed the presence of ignitable and reactive characteristic Resource Conservation and Recovery Act (RCRA) hazardous wastes, as well as other hazardous substances.

PAS 2.5003

The hazardous substances in the drums and contaminated soil excavated during the assessment presented a health threat. Persons visiting or trespassing on the Site could have been exposed to these hazardous substances. The property was not fenced and access was unrestricted. Based on the available information, a CERCLA removal action was warranted at the Site. The known key problem areas at the Site included drums of hazardous and potentially flammable substances and contaminated soil.

2. Physical location

The Site is located in a mixed residential/commercial neighborhood on Byer Road in a rural corner of the City of Oswego and occupies Parcel 145.50-01-04.1 on the City tax map (see Figure 2). The approximately one-acre Site is part of a four-acre construction debris landfill created in the 1970s, but is owned separately from the rest ofthe landfill. The Site is bounded to the east and west by commercial businesses and by Byer Road to the south. Woodlands are located immediately to the north. Residences are located within 500 feet ofthe Site to the west A Lake Ontario tributary (Ont-66b) borders the Site to the east and northeast. A map depicting the Site is presented as Figure 3.

3. Site characteristics

The Site is an unoccupied open field that terminates to the north at a steep wooded down-sloping embankment. The identified drum burial area measured approximately 40 X 60 by approximately 15 foot deep and was located near this embankment. One hundred fifty drums and 200 cubic yards of contaminated soil excavated from this area during the removal assessment were staged on the surface of the Site. During the excavation EPA observed damaged and corroded drums buried haphazardly and leaking their contents into the surrounding soils. The drums contained clear liquids, colored solids, brown and black resinous material viscous tarry liquids, clear silicone-like gels and rubbery textured brown/orange solids. Materials in many ofthe drums had strong chemical odors and organic vapor levels as high as 900 units were measured on the photo ionization detector (PID) in the air in the excavation Several drums had visible "General Electric Company" labeling.

EPA collected 17 samples from drums and seven waste/soil samples from the excavation during the assessment. Results from the analysis of these samples indicated that at least four drums contained material displaying the characteristic of ignitability and at least two drums contained material displaying the characteristic of reactivity (sulfide) as defined in 40 CFR Subpart C §261.21 and Subpart C, §261.23 of RCRA, and would be designated as hazardous wastes and CERCLA hazardous substances. In addition listed CERCLA hazardous substances including xylene, toluene, ethylbenzene, benzene, phenol, 1, 2-methylphenol, naphthalene, and 2-methylnapthalene were detected at significantly elevated concentrations in waste material and soil impacted by the release of the waste materials from the drums. Following the assessment a unknown number of drums remained in the drum burial area along with approximately 2,000 cubic yards of contaminated soil impacted by releases from these drums.

The removal action documented in this Action Memorandum is the first for the Site.

3

PAS 2.5004

4. Release or threatened release into the environment of a hazardous substance, or pollutant, or contaminant

Drums containing hazardous waste (RCRA ignitable and reactive wastes) and other listed CERCLA hazardous substances were found buried on the Site. These drums leaked their hazardous contents into the soil around them. Approximately 150 drums and 200 cubic yards of grossly contaminated soil excavated during the removal assessment were staged on-site in December 2007. Following the assessment, drums were still buried on the Site in the drum burial area along with a significant quantity df contaminated soil.

The following listed hazardous substances (as defined in 40CFR Table 302.4) were identified at significantly elevated concentrations in the soil and waste at the Site through sampling and analysis:

Hazardous Substance Max. Cone. PPM Statutory Source for Designation as a CERCLA Hazardous Substance

Acetone 6,200 RCRA §3001

Toluene 83,000 RCRA §3001, CWA §307(a) & §311 (b)(4), CAA § 112

Ethylbenzene 1,400 CWA §307(a) & §311 (b)(4), CAA § 112

Xylene 10,200 RCRA §3001, CWA §311(b)(4), CAA §112

Benzene 17 RCRA §3001, CWA §307(a) & §311 (b)(4), CAA § 112

1,2 Dichlorobenzene 6.6 RCRA §3001, CWA §307(a) & §311 (b)(4)

Trichloroethene 7.6 RCRA §3001, CWA §307(a) & §311 (b)(4), CAA § 112

Phenol 4,800 RCRA §3001, CWA §307(a) & §311 (b)(4); CAA § 112

2-methylphenol 3,600 . RCRA §3001, CWA §311(b)(4), CAA §112

4-methylphenol 36 RCRA §3001, CWA §311(b)(4), CAA §112

2-4, dimethyphenol 23 RCRA §3001, CWA §307(a) & §311(b)(4), CAA §112

2,4-dinitrophenol 16 RCRA §3001, CWA §307(a)

Acetophenone 38 RCRA §3001, CAA §112

Napthalene 530 RCRA §3001, CWA §307(a) & §311 (b)(4), CAA § 112

2-methylnapthalene 210 RCRA §3001, CWA §307(a) & §311 (b)(4), CAA § 11 "

5. NPL status

The Site is not on the NPL and there are no efforts underway to include the Site on the NPL.

6. Maps, pictures and other graphic representations

Figure 1 presents the general location of the Site. Figure 2 is a tax map ofthe Site. Figure 3 provides a map of the Site.;

4

PAS 2.5005

B. Other Actions to Date

I . Previous actions

There have been several field investigations at the Site beginning in 1983 A Phase I investigation (1983) and a Phase II investigation (1986) were completed at the Site and reported no significant contamination. Buried drums were discovered on the Site during an expanded • T J i J t a t ^ Department of Environmental Conservation (NYSDEC) Phase II investigation in IV J\. Waste from one ofthe drums was determined to be ignitable based on the EP-TOX for ignitability. At least six drums were uncovered and all were reportedly, in poor condition Samples from groundwater wells installed around the landfill did not indicate any significant levels of groundwater contamination. Due to the presence of an unknown number of drums buried on the Site, the NYSDEC listed the Site on its Class 2 Registry of Inactive Hazardous Waste Disposal Sites on March 31,1994. In 1998, in response to a referral from NYSDEC EPA s Region II Removal Program performed a removal assessment at the Site EPA excavated 15 trenches and collected five soil samples during the assessment. Groundwater samples were also collected and analyzed from six monitoring wells around the Site. No cache of buried drums was identified on the Site during the 1998 assessment, and the results ofthe samples did not indicate any significant contamination. NYSDEC returned to the Site in 1999 to confirm the presence ofthe drum burial area. The excavation work at this time revealed more than 25 drums buned in t̂he same general area previously identified in 1991. At least one of these drums contained an ignitable material and was overpacked and removed from the Site.

EPA performed a walk through at the Site in November 2007 with NYSDEC to prepare for its

this 0v^iT 2 0 0 7 r e m O V a l a S S e S S m e n t - T e n P a r t i a l l y b ^ e d drums were observed by EPA during

2. Current actions

f!! t A f C t i ° w S e c

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U r t t h e S i t e t 0 0 k P l a c e o n A P r i l 2 9 > 2 0 0 8 and consisted ofthe erection of 300 fed of eight foot high temporary chain link fencing and placement of warning signage around the drum and contaminated soil staging areas. The cost ofthis action was approximately

An Administrative Settlement Agreement and Order on Consent CERCLA Docket No. 02-2008-20018 between EPA and a group of responsible parties (the Group) for the July°™ 008 r e m o v a l a c t i o n w a s e x e c u t e d o n J"ne 30, 2008 and became effective on

In accordance with the AOC and the approved Site Operations Plan (SOP), the Group undertook a removal action to address the threat to public health and the environment posed by the hazardous substances found in the soil and drums at the Site. This action began on

5

PAS 2.5006

September 15, 2008 and included proper characterization, transportation and off-site disposal of drums and containers already excavated and staged on the Site; proper characterization, transportation and off-site disposal of contaminated soil staged on the Site, excavation of buried drums and other containers buried on the Site, excavation of contaminated soil in the drum burial area; proper characterization, transportation and off-site disposal of excavated drums and soil; appropriate post-excavation soil sampling and analysis in the excavation area to document the adequacy ofthe soil removal; further investigation ofthe Site to determine potential extent of groundwater contamination associated with the drum disposal area; and appropriate backfilling of excavations and site restoration. This removal action is documented in the Final Report for the Drum Area Removal Action dated February 3, 2009. EPA approved this Final Report on February 12, 2009. The costs associated with this removal work were approximately $850,000.

C. State and Local Authorities' Roles

1. State and local actions

There are no actions associated with this removal action being undertaken by either the State or local agencies at the Site.

2. Potential for continued State/local response

NYSDEC issued a "No Action" Record of Decision for the Site on March 30, 2009, following the completion of the potentially responsible party removal action.

III. THREATS TO PUBLIC HEALTH WELFARE OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES

A. Threats to the Public Health or Welfare

Conditions at the Site met the requirements of Section 300.415(b) of the National Contingency Plan (NCP) for the undertaking of a CERCLA removal action. Factors from the NCP Section 300.415(b)(2) that supported conducting a removal action at the Site include:

• • (i) Actual or potential exposure to nearby human populations, animals, of the food

chain from hazardous substances, or pollutants, or contaminants; There was a potential exposure to hazardous substances by nearby human populations (§300.415(b)(2)(i)). The Site is in a residential/commercial area, and was completely unsecured and has been used in the past by trespassers for hunting and ATV driving. Following the removal assessment, approximately 150 drums and 200 cubic yards of contaminated soil excavated during the assessment were staged on the Site. This material contained high levels of hazardous substances. If left unsecured, people trespassing on the Site could have come into contact with the hazardous substances.

6

PAS 2.5007

(iii) Hazardous substances, or pollutants, or contaminants in drums, barrels, tanks or other bulk storage containers, that may pose a threat of release;

There were hazardous substances in drums and other storage containers on the Site that could have posed a threat of release (§300.415(b)(2)(iii)). Leaking drums containing industrial waste were buried on the Site. These drums leaked their contents into the soil. Drums excavated during the assessment activities in December 2007 contained ignitable and reactive hazardous waste and numerous other listed CERCLA hazardous substances. These drums were in poor condition and posed a threat of release if tampered with while temporarily staged on the Site awaiting the permanent removal action.

(vi) Threat of fire or explosion; and

Ignitable and flammable (high VOC) wastes in containers on the Site represented a significant risk for fire. A fire could have resulted in the,generation and release of a large airborne plume of smoke containing hazardous substances. This plume could have easily migrated off-site into neighboring communities causing widespread exposure to airborne contamination The Site was unsecured and vandals could have ignited material in the drum storage area causing a catastrophic

(vii) The availability of other appropriate federal or State response mechanisms to respond to the release.

There were no State/local response agencies available to mitigate the threats to public health or the environment on the Site.

B« Threats to the Environment

A release from the drums and contaminated soil staged on the Site could have impacted groundwater or nearby surface water. A Lake Ontario tributary (Ont-66b) borders the Site to the east and northeast.

I V ' O R ^ O T T A K E ^ ^ SHOULD ACTION BE DELAYED

Delayed action would have increased the health risk to those persons accessing the Site Releases from the drums or contaminated soil staged on-site could have resulted in additional soil contamination and may have threatened the groundwater and surface water. In addition the

Snel W i d 6 S P r ' a d m i g m t i 0 n °f h a Z a r d°U S SUbStanC6S C X i s t e d W h l l e *e d r u m s

7

PAS 2.5008

V. ACTIONS AND ESTIMATED COST

A. Actions

1. Action description

The action consisted ofthe erection of 300 feet of eight foot high temporary chain link fencing and placement of warning signage around the drum and contaminated soil staging areas. This was in place until the responsible party Group performed a removal action to permanently address the waste at the Site under an Administrative Order with EPA. The Group began the work to remove the drums and contaminated soil from the Site on September 12, 2008. Work was completed in the field on December 8, 2008 and EPA approved a Final Report on February 12, 2009. The costs associated with this work were approximately $850,000. Because the threats associated with the hazardous substances found on the Site were mitigated by the removal action, no post removal site controls were necessary. %•

2. Contribution to remedial performance

There are no long-term remedial actions planned for the Site.

3. Description of alternative technologies

Alternative technologies were not considered for the proposed action.

4. Engineering evaluation/cost analysis (EE/CA)

Due to the time critical nature ofthis removal action, an EE/CA was not prepared.

5. Applicable and relevant and appropriate requirements (ARARs)

There are no ARARs within the scope of this action.

6. Project schedule

The removal action to erect the temporary fence was conducted on April 29, 2008.

8

PAS 2.5009

B. Estimated Costs

Extramural Costs: Regional Removal Allowance Costs:

Total Cleanup Contractor Costs (This cost category includes estimates for: ERRS,

• subcontractors, Notices to Proceed, and. Interagency Agreements with Other Federal Agencies.

Cleanup Contractor Costs Contingency (15%)

Total Cleanup Contractor Costs (ERRS)

Proposed Costs

$ 20,000

$ 0,000

$ 20,000

Other Extramural Costs Not Funded from the Regional Allowance:

Total RST, including multiplier costs , $ 5 Ooo

Total CLP, ERT, AST $ 0

Subtotal $ 25,000

Subtotal, Extramural Costs

Extramural Costs Contingency (20% of Subtotal, Extramural Costs, rounded to nearest thousand)

TOTAL, REMOVAL ACTION PROJECT CEILING

$ 25,000

$ 0

$ 25,000

VI . OUTSTANDING POLICY ISSUES

None.

V I I . ENFORCEMENT

An Administrative Settlement Agreement and Order on Consent CERCLA Docket

No, 02-2008-20018 between EPA and PAS Irwin PRP Group for the performance of a

J Pu e™7 n2 e008 e m O V a C t i ° n ^ t h e S i t C W a S e x e c u t e d o n J u n e 3 0 > 2 0 0 8 a " d became effective on

9

PAS 2.5010

The total EPA costs for this EPA removal action based on full-cost accounting practices that will be eligible for cost recovery were estimated at the time of verbal authorization to be $39,300 and were calculated as follows:

EPA's Total Estimated Project-Related Costs

Direct Costs = $25,000 (direct extramural) + $5,000 (direct intramural) = $30,000 Indirect Costs = 31% (Region II Indirect Cost Rate) x $30,000 (Direct Costs) =$9,300 Estimated EPA Costs for the Removal Action = Direct Costs + Indirect Costs = $39,300

This estimate includes direct costs, which include direct extramural and intramural costs, and indirect costs. Indirect costs are calculated based on an estimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with full cost accounting methodology effective October 2, 2000. These estimates do not include pre-judgment interest, do not take into account other enforcement costs, including Department of Justice costs, and may be adjusted during the course ofthe removal action. The estimates are for illustrative purposes only and their use in this Action Memorandum may not be relied upon by any third party as binding upon EPA. Neither the lack of a total cost estimate nor deviation of actual costs from this estimate will affect the United States' right to cost recovery.

VIII. RECOMMENDATION

This decision document represents the selected removal action for the PAS Irwin Dump Site located in Oswego, New York, developed in accordance with CERCLA, as amended, and is not inconsistent with the NCP. This decision is based on the Administrative Record for the Site. Conditions at the Site meet the NCP Section 300.415(b)(2) criteria for a removal action.

The total project ceiling authorized by the verbal authorization on April 22, 2008 is $25,000 of Direct Extramural Funds, of which $20,000 is funded from the Regional removal advice of allowance: Sufficient monies were in our Advice of Allowance to fund this project. The actual amount spent for this action will be recovered as part of the response cost bill sent to the performing PRPs at the conclusion ofthe response, in accordance with the agreement with the PRPs.

10

PAS 2.5011

Please indicate your authorization of funding for the PAS Irwin Dump Site, as per the current delegation of authority by signing below •

v / - •/ / .> / , Approve^: ,// - i - , / - / — - ^ Date: 6 / - ?/•- ?

Y Walker E. Mugdan, Director Emergency and Remedial Response Division

Disapproved: • D a t e : _ Walter E. Mugdan, Director Emergency and Remedial Response Division

cc: (after approval is obtained) W. Mugdan, ERRD-D J. LaPadula, ERRD-DD J. Rotola, ERRD-RAB E. Wilson, ERRD-RAB B. Grealish, ERRD-RAB R. Basso, ERRD T. Lieber, ORC-NYCSFB C. Berns, ORC-NYCSFB P. Brandt, PAD R. Manna, 20PM-FMB T. Riverso, OPM-GCMB T. Grier, 5202G P. McKechnie, OIG A. English, NYSDEC A. Raddant, USDOI L. Rosman, NOAA L. Battes, NYSEMO G. Litwin, NYSDOH C. Kelly, RST

11

PAS 2.5012

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i

PAS 2.5013

FIGURE 1 & 2

PAS IRWIN DUMP SITE LOCATIONS

PAS 2.5014

PAS 2.5015

PAS 2.5016

FIGURE 3

PAS IRWIN DUMP SITE PLAN

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