EPA ACTION MEMORANDUM RE: REQUEST FOR APPROVAL OF A

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5

77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 US EPA RECORDS CENTER REGION 5

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MEMORANDUM REPLY TO THE ATTENTION OF:

Subject:

From:

Through:

To:

I. PURPOSE

ACTION MEMORANDUM - Request for Approval of a Ceiling Increase for a Time-Critical Removal Action at the Bush Site-Operable Unit 01, Swanton, Lucas County, Ohio (Site ID# 05MU-OU01)

Jaime Brown, On-Scene Coordinator (OSC) Emergency Response Branch-2 JJ{) Response Section-3

Samuel Borries, Chief.:::;._ __ _,£ 1~.-....._. Emergency Response Branch-2

Richard C. Karl, Director Superfund Division

The purpose of this Action Memorandum is to request a ceiling increase to expend up to an additional $1,062,263 to complete the time-critical removal action at the Bush Site ("Site") Operable Unit 01 (OUOl) located in Swanton, Lucas County, Ohio 43558. If approved, this increase will bring the total approved ceiling for the Site to $1,497,146.

A majority of the excavation activities, as described in the September 14, 2015 Action Memorandum, were carried out; however, the aluminum content in this material has increased disposal costs above the original cost estimate. The aluminum content in the waste is significant enough to cause concerns that the waste could react if disposed of in a regular Resource Conservation and Recovery Act (RCRA) Subtitle Dor C landfill potentially causing the landfill to catch on fire. Landfills are requiring a separate disposal cell be created to take the waste resulting in the cost increase. The aluminum content is not great enough to render recycling a cost effective option.

The Action Memorandum would serve as approval for expenditures by the United State Environmental Protection Agency (EPA), as the lead technical agency, to take actions described herein to abate the imminent and substantial endangerment posed by the hazardous substance at the Site. The proposed removal of the hazardous substance would be taken pursuant to Section 104(a)(l) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC 9604(a)(l), and Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 300.415.

Recycled/Recyclable '" Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post-Consumer)

There are no nationally significant or precedent setting issues associated with the proposed response at this non-National Priority List (NPL) site.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID: OH0000234203 Address: 10675, 10715, 10731, 10745, 10801, 10817, 10839, and 10869 Old State Line

Road, Swanton, Lucas County, Ohio 43558 Category: Time-Critical Removal Action

The Site is located in a rural area along Old State Line Road in Swanton, Lucas County, Ohio (see Figure 1). For purposes ofthis removal action, the Site refers to eight residential properties located along Old State Line Road in Swanton (see Figure 2). The combined parcel size is approximately 103 acres. The Bush Site consists of several private residences, many of which are now abandoned, that are adjacent to the Nature Conservancy's Kitty Todd Nature Preserve. During the Site investigation process, the Nature Conservancy approached EPA about potentially purchasing the prope1iies for inclusion into the Preserve. If this occurs, the Site will become a nature preserve primarily used by visitors and volunteers that could potentially come into direct contact with the contaminants in piles and surface soils. The Site is a former dumping ground for industrial salvage and disposal activities that occmTed during the 1940s-70s.

A. Site Description

1. Removal site evaluation

The original September 14, 2015 Bush Site Action Memorandum documents specific details of Site Assessment activities at the Site. EPA conducted reconnaissance and assessment activities between April 9, 2014 and May 5, 2014. Site Assessment activities included a geophysical survey, site recom1aissance activities and a sampling event to determine the nature and extent of contamination at the Site. EPA collected surface soil, subsurface soil and groundwater samples to determine if contaminants exceeding the Toxicity Characteristic Leaching Procedure (TCLP) and EPA Removal Management Levels (RMLs) for metals, polychlorinated biphenyls (PCBs ), semi-volatile organic compounds (SVOCs), and volatile organic compounds (VOCs) were present.

2. Physical location

The Site sits directly adjacent to the Kitty Todd Nature Preserve, which is a centerpiece of the Oak Openings Region, a 130-square mile complex of oak savanna and wet prairie that developed on sand and clay deposits by glaciers. As previously discussed, the Nature Conservancy intends to purchase this property to expand the Kitty Todd Nature Preserve. The Preserve is home to the globally endangered black oak savanna community and has one of the highest concentrations of rare species of any nature preserve in the State of Ohio. Notable species include the lark sparrow, Kamer blue butterfly and wild lupine. The Site contains habitat that is acceptable for the Kamer blue butterfly.

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An Environmental Justice (EJ) analysis for the Site is contained in Attachment I. Screening of the surrounding area used Region S's EJ Screen Tool. Region 5 has reviewed environmental and demographic data for the area surrounding the Site at 10839 Old State Line Road, Swanton, Ohio 43558, and determined there is a low potential for EJ concerns at this location.

3. Site Characteristics

The Site was historically used for salvage and waste disposal activities from the early 1940s until the 1970s. According to the 1992 Removal Action Site Assessment Report for EPA, drums containing waste materials, some of which were characteristically hazardous, were accepted for disposal at the Site. According to the Ohio Environmental Protection Agency (Ohio EPA), salvage, burning, and surface disposal operations primarily occurred on the northern two-thirds of the Site. The repmi stated that known or suspected wastes exist on all six adjacent parcels and may have been part of a single larger surface and subsurface disposal operation.

In October 1991, American Natural Resources, Inc. (ANR) while clearing a right-of-way for a gas pipeline installation at an adjacent prope1iy discovered contamination. EPA contacted the property owner (Lucas County Board of Commissioners) and obtained additional information and recent environmental sampling data.

In December 2012, Ohio EPA conducted a Site Assessment of one of the parcels and noted numerous large piles of aluminum dross1 on the ground. Ohio EPA detected VOCs and heavy metals in the shallow groundwater, and heavy metals and SVOCs in Site surface soils. In the groundwater samples, chlorinated solvents including TCE and its breakdown products were detected in one sample at the following concentrations: TCE at 120 micrograms per Liter (µg/L), cis-1,2-dichloroethene at 14 µg/L, 1,1- dichloroethene at 1,400 µg/L, and vinyl chloride at 7.0 µg/L.

In 2013, EPA's Site Assessment Team in the Chicago Regional Office referred the Site to the Removal Branch to investigate actual or potential threats posed by Site contaminants.

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

1 Dross is a mass of solid impurities floating on a molten metal or dispersed in the metal. It forms on the surface of low-melting point metals such as tin, lead, zinc or aluminum or alloys by oxidation of the metal(s). Dross, as a solid, is distinguished from slag, which is a liquid. Dross product is not entirely waste material; aluminum dross, for example, can be recycled and is used in secondary steelmaking for slag deoxidation (http:! /en. wikipedia.org/wiki/Dross ).

Aluminum Dross is a by-product of aluminum production. There are two fonns of dross - white dross and black dross. White dross is fonned during the p1imary aluminum refining process, while black dross is formed during the secondary refining process, which uses relatively large amounts of Chloride salt fluxes. The main constituents of dross are Al and A1203, and MgO and MgA1204 as well. Black dross contains aluminum and aluminum alloy oxides, 12-18% recoverable aluminum, salts and other materials (https://www.wpi.edu/Pubs/ETD/Available/etd-O 10612-155135/unrestricted/cdai.pdt).

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EPA documented the presence of elevated levels of hazardous substances at the Site, as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), including lead and aluminum within the residential properties. Samples taken in the area showed lead and aluminum in the industrial waste piles at levels exceeding the respective RMLs of 400 milligrams per kilogram (mg/kg) and 230,000 mg/kg established for the Site.

A release into the environment of a hazardous substance, pollutant, and/or contaminant has occurred at the Site property due to illegal dumping of industrial wastes. Possible exposure routes for human health and wildlife contact with hazardous substances includes direct contact with contaminated soil and consumption of soils containing lead and aluminum.

5. NPL status

The site is not on the National Priorities List (NPL) and is not nationally significant.

6. Maps, pictures and other graphic representations

A figure detailing the location of the site is included in the attached Site Location Map (Figure A-1 ). A figure showing the location and ownership information for each parcel is included in the Site Parcel Map (Figure A-2). A figure detailing site features such as the industrial waste debris piles, site boundaries, and surrounding prope1iy is presented in the attached Site Features Map (Figure A-3).

B. Other Actions to Date

1. Previous actions

In November 1991, the EPA's Technical Assistance Team (TAT) contractor performed a site assessment on the property and discovered several hundred drums of various contents, compressed gas cylinders and large piles of metallic dross material. Analytical results from site assessment sampling indicated that a potential threat to the environmental may exist from the drum contents and the metal dross piles.

In April 1992, EPA initiated a removal action at the ANR-Griswold Site. A total of 274 drums containing hazardous materials, seven compressed gas cylinders, 119 cubic yards of metal dross, and 20 cubic yards ofRCRA-empty drums and containers were transpmied off-site during the removal action. Some excavation areas reportedly had waste debris within open trenches, but it was not readily apparent if wastes were buried in trenches throughout the property. In 1992, Ohio EPA completed a preliminary assessment followed by a 1993 Site Inspection (SI) at the Griswold prope1iy. These assessments determined that Site related contaminants were not impacting nearby residential wells.

In April 1994, EPA tasked TAT to perfom1 a site assessment at the original Bush Site, located adjacent to the former ANR-Griswold Site. Numerous rusted and deteriorated 55-gallon drums, 5-gallon containers, metal dross piles and discarded household appliances were documented to

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still be present on the prope1iy. Analytical results of the drum and waste samples indicated elevated levels of barium, chromium, lead and total cyanide. The report also noted several industrial waste debris piles located on the property. It is not known if EPA conducted a removal action at the original Bush Site.

Following the removal action at the ANR-Griswold Site in 1992, the Lucas County Health Department issued orders to the property owners to properly characterize and remove the ·remaining solid wastes after the EPA Removal Action. Over the next several years, the local health depmiment and county prosecutor attempted to enforce the original order and a subsequent court order to abate the solid waste violations.

In 2000, Midwest Enviromnental Consultants, Inc. (MEC) performed an environmental assessment for the Lucas County Board of Commissioners on the adjacent parcels owned by the County. The assessment identified organic compounds in the groundwater, including trichloroethylene (TCE) at 170 µg/L and its breakdown products (1,1,1-trichloroethene at 5.2 µg/L and cis 1,2-dichloroethene at 5.4 µg/L) in the groundwater monitoring wells.

2. Current actions

On October 26, 2015, EPA and its contractors mobilized to commence excavating and staging waste piles for disposal. Removal activities also included clearing a path to the waste piles and gathering abandoned tires. Currently, approximately 900 cubic yards of waste is stockpiled on site awaiting disposal.

C. State and Local Authorities' Roles

1. State and local actions to date

Ohio EPA was instrumental in referring the Site to EPA for evaluation and potential removal action. On August 5, 2013, the EPA Site Assessment Team in the Chicago Regional Office refened the Site to the Removal Branch to investigate actual or potential threats posed by Site contmninants.

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

The conditions remaining at the Site present a substantial threat to the public health or welfm·e, and the environment, and meet the criteria for a time-critical removal action as provided for in the NCP, 40 C.F.R. §300.415(b)(2). These criteria include, but are not limited to, the following:

1. Actual or potential exposure to nearby human populations, animals, or the food chain from hazardous substances or pollutants or contaminants.

This factor is present at the Site due to high levels of lead and aluminum industrial waste piles sampled during the May 2014 Site Assessment and subsequent disposal sampling. Historical

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analytical results described above indicate that hazardous substances, as defined by CERCLA Section 101(14), pollutants, and contaminants are present at the Site, and represent an actual or potential exposure threat to nearby human populations. Concentrations of hazardous substances exceed relevant screening or regulatory levels.

The Site is located in a residential neighborhood, bordering residences on each side of the Site. There are 3,690 residents within the Village of Swanton. Based on potential future use of the Site as a nature preserve with exposure routes for visitors and volunteers, the exposure to lead and aluminum is present.

During the site assessment lead was detected above the RML of 400 mg/kg in all samples collected from the industrial waste piles (ranging from 420 to 1,000 mg/kg), with the highest results in samples BP05 Powder at 1,000 mg/kg and in sample BP04 Powder at 980 mg/kg. Sample MDP6 and MDPl showed lead concentrations at 520 and 420 mg/kg, respectively. During the removal action, disposal sampling detected aluminum above the RML of230,000 mg/kg in ten of eleven samples (ranging from 302,000 mg/kg to 427,000 mg/kg).

The U.S. Depaiiment of Health and Human Services has determined that lead and lead compounds are reasonably anticipated to be human carcinogens and EPA has dete1mined that lead is a probable human carcinogen. The International Agency for Research on Cancer has determined that inorganic lead is probably carcinogenic to humans.

Children are more vulnerable to lead poisoning than adults. A child who swallows large amounts of lead may develop anemia, severe stomachaches, muscle weakness, and brain damage. If a child swallow' s smaller amounts of lead, much less severe effects on blood and brain function may occur. Even at lower levels of exposure, lead can affect a child's mental and physical growth.

Exposure to lead is more dangerous for young adults and unborn children. Unborn children can be exposed to lead through their mothers. Haimful effects include premature births, smaller babies, decreased mental ability in the infant, learning difficulties, and reduced growth in young children. These effects are more common if the mother or baby was exposed to high levels of lead. Some of these effects may persist beyond childhood. Reference: ATSDR, 2007, ToxFAQs for Lead, Agency for Toxic Substances and Disease Registry, Division of Toxicology and Environmental Medicine, Atlanta, GA, U.S. Department of Health and Human Services, Public Health Service.

Lead is a highly toxic metal. The routes of lead intake are ingestion and inhalation. Lead is a metabolic poison which inhibits the fo1mation of hemoglobin. Poisoning is associated with symptoms of intestinal cramps, peripheral nerve paralysis, anemia, and fatigue. In severe cases, lead poisoning may lead to encephalitis. Lead poisoning symptoms usually develop slowly. By the time severe symptoms occur, there may be pe1manent, irreversible damage to the central nervous system. With less severe symptoms, such as anemia and intestinal disorders, injury is reversible if overexposure is stopped. Recovery, however, may be slow.

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If left in place, the piles of industrial waste containing high levels of lead could have a negative effect on wildlife through accidental ingestion of lead-contaminated food or the accidental ingestion of lead associated with sediments (soil) in osprey, raptors, and songbirds. These negative effects include inhibition of delta-aminolevulinic acid dehydrntase involved in heme synthesis, elevated lead levels in blood and tissues, and weight loss. Lead objects can dissolve under certain conditions, and vegetation, and resulting in exposure of biota via ingestion of soil, sediments, food and water. In field and laboratory studies, lead is generally found to evoke its toxicity in multiple organ systems. These include lead induced-anemia, central and peripheral neuropathy, nephrotoxicity, hypertension, and alteration to endocrine and reproductive function. Lead is also a known carcinogen for some animals.

The industrial waste piles are characteristically reactive (D003) wastes, per 40 CFR 261.23 due to their aluminum content. Sqme of the reactive waste on the surface of the piles may have already reacted with exposure to precipitation and may be less reactive now, however subsurface waste may still be in a reactive state. Aluminum dross is sometimes considered a characteristically reactive waste per 40 CFR 261.236. The U.S. Depaiiment of Transp01iation (DOT) and Occupational Safety and Health Administration (OSHA), have categorized aluminum dross as a cfass 4.3 hazardous material, "Hazardous When Wet." This regulation covers materials that, when wet or in contact with water, can become spontaneously flainmable or give off flammable or toxic gas at a rate greater than 1 liter per kilogram per hour.

According to ALCOA, the largest aluminum producer in the United States2, the following

hazards are of concern with aluminum dross:

Small chunks, dust or fines and molten metal are considerably more reactive with the following:

• Water: Slowly generates flammable/explosive hydrogen gas and heat. Generation rate increases greatly with smaller particles (e.g., fines and dusts). Molten metal can react violently/explosively with entrapped water or moisture.

• Heat: Oxidizes at a rate dependent upon temperature and particle size. • Strong oxidizers: Violent reaction with considerable heat generation. Can react

explosively with nitrates (e.g., ammonium nitrate and fertilizers containing nitrate) when heated or molten.

• Acids and alkalis: Reacts to generate flainmable/explosive hydrogen gas. Generation rate increases greatly with smaller particles (e.g., fines and dusts).

• Halogenated compounds: Many halogenated hydrocarbons, including halogenated fire extinguishing agents, can react violently with finely divided or molten aluminum.

• Iron oxide (rust) and other metal oxides (e.g., copper and lead oxides): A violent thennite reaction generating considerable heat can occur. Reaction with aluminum fines and dusts requires only very weak ignition sources for initiation. Molten aluminum can react violently with iron oxide without external ignition source.

2 http:! /en. wikipedia.org/wild/ Alcoa 7

2. High levels of hazardous substances, pollutants, or contaminants near the surface that may migrate;

Lead concentrations of up to 1,000 mg/kg have been documented in industrial waste piles at the Site. The industrial waste piles at the Site also contain aluminum at concentrations of up to 427,000 mg/kg. Due to the uncontrolled access to the Site, these contaminants have the potential for migrating primarily from typical human activities such as walking, or playing in or along the parcels.

3. Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released.

This factor is present due to high levels of lead and aluminum in industrial waste piles above the ground surface. During dry conditions, winds could cause dust paiiicles to migrate further both on and off Site or carried into living areas. The industrial waste piles are characteristically reactive (D003) wastes, per 40 CPR 261.23 due to their aluminum content and may react when exposed to precipitation.

According to the National Oceanic and Atmospheric Administration, National Weather Service, Lucas County experiences approximately 35 inches of precipitation per year. Analytical results from the site assessment and disposal sampling show exceedances of the residential RMLs for lead and aluminum. The Site is cmrently vacant and covered with vegetation. Weather conditions such as heavy rainfall, snowmelt, and flooding continue to infiltrate subsurface soil and the underlying groundwater table, which could result in further lateral offsite migration of aluminum and lead or create a flammable/explosive reaction.

4. The availability of other appropriate federal or state response mechanisms to respond to the release.

EPA's Site Assessment Team in the Chicago Regional Office, with concurrence and assistance from Ohio EPA, requested the EPA Removal Branch's assistance with a SA and potential Time-Critical Removal at the site. Ohio EPA does not have the means to · conduct a cleanup at the Site. This request documents the need for federal involvement to address the imminent and substantial threat of endangerment to human health and the environment posed by the Site.

5. Threat of fire or explosion.

Currently, there are approximately 900 cubic yards of dross/ash in piles staged for disposal on Site. Solid waste disposal samples collected from waste piles contained 20-43 % aluminum (201,000-427,000 mg/kg), concentrations consistent with the presence of a characteristically reactive material, aluminum dross. The possible reactivity threat due to water is a fire concern. In situations with aluminum dross, contact with water can generate flarmnable and toxic gases such as oxides of sulfur and armnonia. In addition,

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the waste piles can emit hydrogen gas.

IV. ENDANGERMENT DETERMINATION

Given the site conditions, the nature of the known and suspected hazardous substances on site, and the potential exposure pathways described in Sections II and III above, actual or threatened releases of hazardous substances from this site, if not addressed by implementing the response actions selected in this Action Memorandum, may present an imminent and substantial endangerment to public health, or welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed action description

The response actions described in this memorandum directly address actual or potential releases of hazardous substances on site, which may pose an imminent and substantial endangerment to public health, or welfare, or the environment. Removal activities on site will include:

a) Implement site-specific Health and Safety Plan, including an Air Monitoring Plan, and Site Emergency Contingency Plan;

b) Implement Site Work Plan and Site Security Plan;

c) Investigate the potential for buried drums at remaining addresses on Site and excavate if needed;

d) Excavate remaining contaminated industrial waste debris piles and surface soils;

e) Sample all suspected hazardous substances and conduct confirmation sampling, as needed, in compliance with a site-specific Quality Assurance/Quality Control (QA/QC) Plan, if needed;

f) Address other contaminated media in accordance with Applicable or Appropriate and Relevant Requirements, to the extent practicable;

g) Backfill and restore excavated and disturbed areas; and

h) Transport and dispose of all characterized or identified hazardous substances, pollutants, wastes, or contaminants that pose a substantial threat of release at a RCRA/CERCLA-approved disposal facility in accordance with EPA' s Off-Site Rule (40 C.F.R. § 300.440).

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The removal action will be conducted in a mam1er not inconsistent with the NCP. The OSC has initiated planning for provision of post-removal site control consistent with the provisions of Section 300.415(1) of the NCP. Elimination of all threats presented by hazardous substances at the site, however, is expected to minimize the need for post-removal site control.

All hazardous substances, pollutants or contaminants removed off-site pursuant to this removal action for treatment, storage and disposal shall be treated, stored, or disposed at a facility in compliance, as determined by EPA, with the EPA Off-Site Rule, 40 C.F.R. § 300.440.

2. Contribution to remedial performance

The proposed action will not impede future actions based on available information. The proposed actions will, to the extent practicable, contribute to the efficient performance of any long-term remedial action with respect to the release or threatened release concerned. However, this action is anticipated to eliminate the need for any significant post removal control requirements.

3. Engineering Evaluation/Cost Analysis (EE/CA)

Not Applicable.

4. Applicable or relevant and appropriate requirements (ARARs)

All applicable or relevant and appropriate requirements (ARARs) of Federal and State Law will be complied with to the extent practicable considering the exigencies of the circumstances. On June 11, 2015, OSC Gulch sent a letter to Mr. Steve Snyder requesting any State of Ohio ARARs that may apply.

5. Project schedule

The proposed activities listed in Section V of this memorandum will require an estimated additional 15 on-site working days to complete. Total on-site working days for the project will be 35.

6. Estimated costs

This ceiling increase is required because the aluminum content is significant enough to cause concerns of "reactivity" in a regular RCRA Subtitle Dor C landfill. The "reactivity" concern spawns from several recent issues with disposal of similar material in landfills in Ohio. ERRS solicited a request for proposal from six vendors including two brokers, two Part B facilities, and two companies with multiple treatment and disposal facilities located in the US and Canada. ERRS received two quoted responses, one offer to accept a sample for evaluation, two responses saying they could not provide a price at this time and one non-response. Both responses received were from the brokers, proposing to send·the material to landfills in Ohio to be "monolandfilled".

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REMOVAL ACTION PROJECT CEILING ESTIMATE CURRENT INCREASE TOTAL Extramural Costs: $332,023 $879,719 $1,211,742

· Regional Removal Allowance Costs: Total Cleanup Contractor Allowance Costs (This cost category includes estimates for ERRS, subcontractors, Notices to Proceed, and Interagency Agreements with Other Federal Agencies. Includes a 15 % coi;itingency)

Other Extramural Costs Not Funded from the Regional Allowance:

Total START, including multiplier costs $30,380 $5,500 $35,880 Subtotal Extramural Costs .· .• $362,403 $885,219 $1,247,622 ·- --

Extramural Costs Contingency (20%) $72,481 $177,044 $249,524 TOTAL REMOVAL ACTION PROJECT CEILING $434,884 $1,062,263 $1,497,146

VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN

Given the site conditions, the nature of the hazardous substances and pollutants or contaminants documented on site, and the potential exposure pathways to nearby populations described in Sections II, III, and IV above, actual or threatened release of hazardous substances and pollutants or contaminants from the site, failing to take or delaying action may present an imminent and substantial endangerment to public health, welfare or the environment, increasing the potential that hazardous substances will be released, thereby threatening the adjacent population and the environment.

VII. OUTSTANDING POLICY ISSUES

None.

VIII. ENFORCEMENT

For administrative purposes, information concerning the enforcement strategy for this site is contained in the Enforcement Confidential Addendum 1•

($1,497,146+ $16,250) + (77.22% x $1,497,146) = $2,669,492

1 Direct Costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on an estimated indirect cost rate

expressed as a percentage of site-specific direct costs, consistent with the 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 of a removal action. The estimates are for illustrative purposes only and their use is not intended to create any rights for responsible parties. Neither the lack of a total cost estimate nor deviation of actual total costs from this estimate will affect the United States' right to cost recovery.

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The total estimated EPA costs for this removal action based on full-cost accounting practices that will be eligible for cost recovery are $2,669,492.

IX. RECOMMENDATION

This decision document represents the selected removal action for the Bush Site in Swanton, Lucas County, Ohio, 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, see Attachment II. Conditions at the site meet the NCP § 300.415(b )(2) criteria for a removal action and I recommend your approval of the removal action proposed in this Action Memorandum.

The new total removal project ceiling if approved will be $1,497, 146, of which an estimated $1,461,266 may be used for the cleanup contractor costs. You may indicate your approval by signing below.

/\ c JU APPROVE: -~=-----~~---=:___~~~~- DATE: _~_-_z_;--_._/_b

Director, Superfund Division

DISAPPROVE: __________ _ DATE: Director, Superfund Division

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Enforcement Addendum

Figures:

A-1; Site Location Map A-2: Site Parcels Map A-3: Site Features Map

Attachments:

Environmental Justice (EJ) Analysis Detailed Cleanup Contractor Cost Estimate Administrative Record Index Independent Government Cost Estimate Original Action Memorandum

cc: B. Schlieger, EPA HQ L. Nelson, U.S. Department of the Interior, w/o Enf. Addendum Craig Butler, Director, OEP A, w/o Enf. Addendum Mike De Wine, Ohio Attorney General, w/o Enf. Addendum

30 E. Broad Street, 14th Floor Columbus, Ohio 43215

S. Snyder, OEP A, w/o Enf. Addendum P. Hamblin, EPA w/o Enf. Addendum

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BCC PAGE HAS BEEN REDACTED

NOT RELEVANT TO SELECTION

OF REMOVAL ACTION

ENFORCEMENT ADDENDUM

HAS BEEN REDACTED – TWO PAGES

ENFORCEMENT CONFIDENTIAL

NOT SUBJECT TO DISCOVERY

FOIA EXEMPT


OF REMOVAL ACTION

FIGUREA-1

U.S. ENVIRONMENTAL PROTECTION AGENCY REMOVAL ACTION

SITE LOCATION MAP FOR

BUSH SITE SWANTON, LUCAS COUNTY, OHIO

FEBRUARY 2016

17

J

Legend CJ Site Loc.'.ltion

0 4,000 •••••-======ifeet 2,000

18

ffi.JSJ1 SITE · SA. SWANTON, LUCAS COUl'ITY, OrtKl

TOO No. TC-01-13- 11-1032

FIGURE 1 SITE LOCATION MAP

FIGUREA-2


SITE PARCELS MAP FOR

BUSH SITE SW ANTON, LUCAS COUNTY, omo

FEBRUARY 2016

19

. '

Legend

J 0 300 600

Fee:

$WiiJllm, Luc.ls CWlty, ONO

BUSH SITE-SA i SWANTON, LUCAS COUNTY. OHIO :

TDD No. T0--01-13-11-103.2 -

FIGURE2 SITE LAYOUT MAP

s , s

'-~~~~~~~~~~~~~~ ~

FIGUREA-3.


SITE FEATURES MAP FOR

BUSH SITE SWANTON, LUCAS COUNTY, OHIO

FEBRUARY 2016

21

Legend • ...,, ... + ---........

Q ,.,,, ... -Q --~~~'.'l:ollil

~J -0 120

Feet

BUSH SITE - SA SWANTO't LUCAS COUNTY. OHIO

TOD No. T0-01-13-11-1032

FIGURE3 SAMPLING LOCATION MAP

ATTACHMENT I

U.S. ENVIRONMENT AL PROTECTION AGENCY REMOVAL ACTION

ENVIRONMENT AL JUSTICE (EJ) ANALYSIS FOR

BUSH SITE SW ANTON, LUCAS COUNTY, OHIO

FEBRUARY 2016

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EJSCREEN Report

Approximate Population: 339

Selected Variables State EPA Region USA

Percentile Percentile Percentile

EJ Indexes ' EJ Index for PM2.5 26 22 14

EJ Index for Ozone 26 22 17

EJ Index for NATA Diesel PM 42 41 31

EJ Index for NATA Air Toxics Cancer Risk 27 27 23

EJ Index for NATA Respiratory Hazard Index 35 34 31

EJ Index for NATA Neurological Hazard Index 33 20 22

EJ Index for Traffic Proximity and Volume 48 43 3a

EJ Index for lead Paint Indicator 23 18 11

EJ Index for Proximity to NPL sites 60 59 46

EJ Index for Proximity to RMP sites 5 48 34

EJ Index for Proximity to TSDFs 31 25 16

EJ Index for Proximity to Major Direct Dischargers 54 47 37

EJ. fndex for the Selected Area Compared to All People's Block Groo s In the State/Region/US

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I I I I I I I I I I I '1\.~s 0

Ind• t:>

:st 11 e Percent1I e Regional Percentile USA ercenclle

This report;~ environmental, demop--i)p~ ;ind fJ indtcator v~luu. It show~ en\liro1\mental -;.nd demo.;nphic r;w daa (e g.. the tttim-:ited COr'ICentntiort of

ozooe - the air) .. and al$4 shov-~ what pen::ei e e ach nw dat3 value repre:ent:. Th~e pen::en es prcwide penpective on how the ::etected b'odc group Of'

bu:ffe.r- area compare~ to the entire sbte. EPA re,sion .. or Mition. for enmp(e, d ;a 'ivcn locrtion i: ~the 95ih fU!t«:"'fti te natiOt'lWW!de .. this mean.s tha~ on 5

percent of the US pop\.l l;otioci h;.; iii h",hcr block ~pv-.uc th:an the avu;a'c pc:~on in the loca ·on bcinb :an:alyzed The ,,ean forwhi.ch thcd:;at ;a arc - , :ab~ .

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EPA %ile in

Selected Variables Raw State %il e in Region EPA

USA %He in

Data Avg. State Avg. USA Av,.. Re<'ion

Environmenta.l Indicators Particulate Matter (PM z.s in JJ;/m') 10.6 11.6 6 10.8 4 1 9 .78 67

Ozone (ppb) 44 47.4 13 44.4 48 46.1 36

NAT A Diesel PM (JJ;lm' r 0. 187 0.609 22 0.7 12 <50th 0.824 <50th

NATA Cancer Risk (lifetime ri::ltpermillionf 33 41 31 42 <50th 49 <50th

NATA Respiratory Hazard Index 0 .82 1.4 22 1.5 <50th 2.3 <50th

NATA Neurological Ha.zard Index . 0.039 0 .079 22 0.067 <50th 0.063 <50tli

Traffic Proximity and Volume (c!.,ly tnffic count/din.nee to ro•d) 8.5 74 22 69 25 110 19

Lead Paint Indicator(~ Ptt·l960 Ho'-'iind 0.29 0.43 41 0.4 44 0.3 58

NPL Proximhy (:he count/km dimnce) 0 .0081 0.069 3 0.086 1 0.096 4

RMP Proximity (f.lolitycountAm dim ncc) 0.059 0.3 10 0.33 12 0.31 17

TSOF Proximity (t;cility cour.t,llcm din>nce) 0.025 0.056 46 0.051 50 0.054 53

Water Discharger Proximity (fociiity co1U1l/IO'n cm-,.,nce) 0.051 0.23 7 0 .23 12 0.25 12

Demographic lndic<'!tors

Demographic Index 13% 26% 26 28% 24 35% 15

Minority Population 6% I g'l(, 40 24% 32 36% 17

low Income Population 20% 34'!4 30 32% 32 34% 30

Linguistically Isolated Population 0% 1% 69 2% 59 5% 45

Population With less Than High School Education 5% 12% 23 12% 26 14% 23

Population Under 5 years of age 4% 6% 27 6% 24 7% 24

Population over 64 years of age 15% 14% 59 13% 64 13% 67

•The N;; -Of'li J.Sc. !e Air To'ic A.:.:e.:rrent (".ATA} i..: [PA·: o,, ~,.,'- cocrprehen:·ve eontu :at1on of oiir ! Oll ie: in the United State: EPA de\.<-eroped the NATA to

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before u kin: ~ "'; action to <Uic:fr.c::.: potr n ·al EJ concern.: .

April 20, 2015 3/3

··-

ATTACHMENT II

DETAILED CLEANUP CONTRACTOR ESTIMATE

HAS BEEN REDACTED – ONE PAGE

ATTACHMENT III


ADMINISTRATIVE RECORD FOR

BUSH SITE SW ANTON, LUCAS COUNTY, OHIO

FEBRUARY 2016

NO. DATE AUTHOR RECIPIENT TITLEillESCRIPTION PAGES

1 09/30/94 Ecology & EPA Site Assessment Rep01i 39 Environment for the Bush Site

2 1/11/92 Weston EPA Site Assessment Rep01i 206 For the Griswold Property

3 10/27/95 Karl, R., Muno, W., On-Scene Coordinator Report 18 EPA EPA Removal Action at the ANR/

Griswold Site

4 10/02/00 Midwest Lucas County Phase II Environmental 645 Environmental Board of Assessment of 85-Acre Consultants, Inc. Commissioners and 10-Acre Parcels

W estwinds Industrial Park

5 02/22/13 Snyder, S., Ohio Hamblin, P., U.S. Griswold Property Site 1017 EPA EPA Reassessment

6 08/05/13 Hamblin, P., Dumo,M., Email: Request for refe1Tal of 2 EPA EPA the Griswold and Fostoria Dump

Sites from pre-remedial to removal

7 04/23/15 DeLaReintrie., S., Gulch, J., Site Assessment Rep01i for 438 Oneida Total EPA the Bush Site Integrated Enterprises

8 06/11/15 Gulch, J., Snyder, S., ARAR Request from OEPA 2 EPA OEPA

28

9 3/25/92 Lall, Partap Ullrich, David Request for Removal Action at the 9 U.S. EPA U.S. EPA ANR-Griswold Site

10 4/30/14 Ursic, J., Gulch, J., Geophysical Survey Report 223 U.S. EPA U.S. EPA Bush Site - Subsurface Investigation

11 05/08 Goddard, C., American Management Concerns about 26 Leonard, N., Fisheries Known and Potential Impacts Stang, D., Society and of Lead Use in Shooting and Wingate, P., The Wildlife in Fishing Activities Rattner, B., Society Franson, J., Sheffield, S.

12 09/14/15 Gulch, J., Karl. R., Action Memorandum: 33 EPA EPA Bush Site

13 00100100 Brown, J., Karl, R., Action Memorandum: EPA EPA Request for Ceiling Increase for

Removal Action at the Bush Site, Operable Unit 1 (Pending)

29

ATTACHMENT IV

INDEPENDENT GOVERNMENT COST ESTIMATE

HAS BEEN REDACTED – TWO PAGES


OF REMOVAL ACTION

ATTACHMENTV


ORIGINAL BUSH SITE ACTION MEMORANDUM

SWANTON, LUCAS COUNTY, OHIO

FEBRUARY 2016

32

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5

77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

US EPA RECORDS CENTER REGION 5

I llllll lllll lllll lllll lllll lllll llll llll 494711

REPLY TO THE ATTENTION OF:

MEMORANDUM

SUBJECT: ACTION MEMORANDUM - Request for Approval of a Time-Critical Removal Action at the Bush Site.,.Operable Unit 01, Swanton, Lucas County, Ohio (Site ID # 05MU-OU01)

FROM: Jon J. Gulch, On-Scene Coordinator (OSC) Emergency Response Branch-1 Response Section-2

THRU: JasonH. El-Zein, Chief Emergency Response Branch-1

TO: Richard C. Karl, Director Superfund Division

I._ PURPOSE

.~-;:·. ·-· ... -

The purpose of this Action Memorandum is to request and document your approval to expend up to $434,884 to conduct a time-critical removal action at the Bush Site ("Site")-Operable Unit 01 (OUOl) located in Swanton, Lucas County, Ohio 43558. The proposed time-critical removal action herein will mitigate the threats to public health, welfare, and the environment posed by the presence of an uncontrolled hazardous substance (lead) in industrial wastes"that were dumped at the Site. There are no nationally significant or precedent setting issues associated with the proposed resp~nse at this site.

The Action Memorandum would serve as approval for expenditures by the Environmental Protection Agency (EPA), as the lead technical agency, to take actions described herein to abate the imminent and substantial endangerment posed by the hazardous substance at the site. The proposed removal of the hazardous substance would be taken pursuant to Section 104( a)(l) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42

. USC 9604(a)(l), and Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 300.415.

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer)

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID: OH0000234203 Address: 10675, 10715, 10731, 10745, 10801, 10817, 10839, and 10869 Old State Line

Road, Swanton, Lucas County, Ohio 43558 Category: Time-Critical Removal Action

The Site is located in a rural area along Old State Line Road in Swanton, Lucas County, Ohio (see Figure 1). For purposes of this investigation, the Site refers to eight residential properties located along Old State Line Road in Swanton (see Figure 2). The combined parcel size is .. approximately 103 acres. The Bush Site consists of several private residences, many of which are now abandoned, that are adjacent to the Nature Conservancy's Kitty Todd Nature Preserve. During the Site investigation process, U.S. EPA (EPA) was approached by the Nature Conservancy about potentially purchasing the properties for inclusion into the Preserve. If this were to occur, the Site would become a nature preserve that would be used by visitors and volunteers that coul.d potentially come into direct contact with the contaminants in piles and surface soils. The Site is a former dumping ground for industrial salvage and disposal activities that occurred during the 1940s-70s.

A. Site Description

1. Removal site evaluation

Site Assessment (SA) activities included a geophysical survey, site reconnaissance activities and a sampling event to determine the nature and extent of contamination at the Site. Surface soil, subsurface soil and groundwater samples were collected to determine if contaminants are present in excess of the EPA Removal Management Levels (RMLs), June 2014 version, for metals, polychlorinated biphenyls (PCBs), semi-volatile organic compounds (SVOCs), and volatile organic compounds (VOCs).

A site-specific Sampling and Analysis Plan (SAP) was developed for the SA prior to fieldwork. . The SAP described the data quality objectives (DQO), sampling strategy, sampling locations, sampling methodology, and analytical procedures for the SA.

On April 29-30, 2014, the EPA Superfund Division, Field Services Section, conducted a geophysical survey and indicated numerous ferrous anomalies located across the Site. There were seven anomalous areas found on the western section of the site; one of these anomalies had a lateral extent of approximately 70 feet. In the central section of the Site, there were nine anomalous areas found, most were generally localized and limited is size. One anomaly in the central area had a lateral extent of approximately 135 feet. In the eastern section of the Site, there were two anomalous areas found; one of these anomalies had a lateral extent of 5 5 feet. The sampling locations for the SA were chosen based on the results of the Geophysical Survey. Geophysical anomalies reportedly exist on the ten-acre parcel where TCE was historically detected in ground water.

2

J

-~'

On April 9, 2014, EPA, Ohio EPA (OEPA), and the Super:fund Technical Assessment and Response Team (START) contractor mobilized to the Site and conducted the site reconnaissance. The OSC, START and OEPA scouted the areas on 10 of the B parcels, noting properties that would provide the most representative sampling locations. Access agreements from residents in the study area were obtained and the underground utilities were marked prior to Site reconnaissance. The Site reconnaissance activities were conducted in Level D personal protective equipment (PPE) in accordance with the approved site-specific Health and Safety Plan (HASP).

On May 5, 2014, EPA and START mobilized to the site to implement the sampling strategy that was developed with information gathered from the Site reconnaissance. START noted the dimensions of each metal dross pile and burnt piles and collected samples for determining metal concentrations using X-Ray Fluorescence (XRF) instrnment. Each sample was collected in a plastic bag and screened ex-situ with the XRF at the EPA's Field Laboratory Trailer.

EPA mobilized its Field Services Section and installed soil borings and collocated temporary monitoring wells. A total <?f 11 soil borings were advanced using a Geoprobe® DPT drill. Typical boring inside diameter was% - inch and borings were advanced at 4-foot depth intervals up to 15 feet below ground surface (bgs). At all 11 locations, START screened the soil borings with a TV A® 1000 (Photo-ionization Detector and Flame-ionization Detector) to determine the presence of volatile compounds. None of the locations exhibited elevated VOC readings on the TVA Photo-Ionization Detector (PID)/Flame-Ionization Detector (FID).

The soil boring labeled as BSOl was advanced at the northern part of the parcel located at 10745 Old State Line Road. Soil borings BS02 and BS03 were advanced at the center part of the parcel located at 10731 Old State Line Road. Soil borings BS04, BS05 and BS06 were advanced at the northern, center and center-south parts of the parcel located at 10817 Old State Line Road. Soil borings BS07 and BS08 were advanced at the center part of the parcel located at 10869 Old State Line Road. Soil boring BS09 and BSlO were advanced at the center part of the parcel located at 10675 Old State Line Road, and soil boring BS 11 was advanced at the northern part of the same parcel. Soil boring locations were selected based on the geophysical survey results conducted by EPA on April 29 and 30, 2014. All soil borings were advanced to a maximum depth of 15 feet below ground surface (bgs). The Geoprobe boring equipment was decontaminated between boring locations.

Industrial waste piles and surface soils (metal dross and burnt piles) were screened with an XRF to determine metal contamination and based on the field scryening results, START identified sample locations MDPl, MDP6 and BS04. Surface soil samples were collected from these locations for Toxicity .Characteristic Leaching Procedure (TCLP) Volatile Organic Compounds (VOCs), Polychlorinated Biphenyls (PCBs) and Resource, Conservation and Recovery Act (RCRA) metals analysis at a commercial laboratory.

START also perfonned screening of the surface and subsurface soil of boring locations BSOl to BSl 1 with a TVA instrument for determining VOCs and selecting detected intervals for

3

:J i

:1

;i ;1 .,

!

commercial laboratory analysis. None of the intervals indicated volatile compounds above the EPA RMLs, therefore no samples were submitted for laboratory analysis of VOCs.

Groundwater samples were collected from ten soil boring locations where water was encountered during temporary well installation. All borings were installed and developed as temporary monitoring wells for collecting the water samples during this SA. The temporary wells were left to develop for a minimum of24 hours before the collection of water samples. The groundwater samples were collected from boring locations BS02 to BS 11 for VOC, PCB and RCRA metals analyses utilizing a peristaltic pump with Teflon tubing at low flow rate. Water quality measurements were collected utilizing anYSI 556 Multi-parameter and a Hach 2100Q turbidity meter. On May 8, 2014, the sample bottles were preserved on ice and shipped to the off-site laboratory. On May 23, 2014, drinking water samples, DW-01, DW-02, and DW-03 were collected from three residential drinking water wells by EPA. The samples were preserved on ice and shipped to the off-site laboratory for analysis ofVOC, PCB, and RCRA metals analyses.

' Results of the May 2014 SA (see Table 1 below) indicate that Lead was detected above the RML ( 400 milligrams per kilogram [mg/kg]) for residential soil in all samples collected (ranged from 420 mg/kg to 1,000 mg/kg). Specifically, Lead was detected in Sample BP05 Powder at 1,000 mg/Kg; in Sample BP04 Powder at 980 mg/kg; in sample MDP6 at 520 mg/kg; and inMDPl at 420 mg/kg.

TABLE! SOIL SAMPLE ANALYTICAL RESULTS

BUSH SITE - SW ANTON, omo

I BP04- BP05-

RML POWDER POWDER M,PPl MDP6 Metals, Total (mg/kg)

··'

Arsenic 67 3 2.8 J 25 6.2 Barium 46,000 15 25 19 8.3 Cadmium 210 19 19 5.4 6.9 Chromium 350,000 62 58 1200 . 440

x·•~·:c~• ';"•.';c;f;; co'• Lead.· 400 o:,'·;:;, :'\;' 5~·~,f~.'n.:~""~~ ""~ '.<t~:; •.•...... . '""""•=·· Selenium Silver Mercury ~CB (µg/k2)

• ~*roc1or 1248 PCBs, Total

Notes:

1,200 0.9 . J 1.3 J 1,200 4.2 4 28 0.068 0.066

24,000 47 u 47 u 24,000 N/A NIA

value exceeds the EPA Removal Management Level (RML) of 400 ppm

J - estimated value

U - less than laboratory detection limits

2. Physical location

4

3.3 1.3 J 1.4 J 1.9 J

0.017 J 0.03

47 u 3400 NIA . 3400

The Site sits directly adjacent to the Kitty Todd Nature Preserve, which is a centerpiece of the Oak Openings Region, a 130-squai·e mile complex of oak savanna and wet prairie that developed on sand and clay deposits by glaciers. As previously discussed, the Nature Conservancy would like to eventually purchase this property to expand the Kitty Todd Nature Preserve. The Preserve is home to the globally endangered black oak savanna community and has one of the highest concentrations of rare species of any nature preserve in the State of Ohio. Notable species include the lark sparrow, Kamer blue butterfly and wild lupine. The Site contains habitat that is acceptable for the Kamer blue butterfly.

An Environmental Justice (EJ) analysis for the Site is contained in Attachment I. Screening of the surrounding area used Region 5's EJ Screen Tool. Region 5 has reviewed environmental and demographic data for the area sunounding the site at 10839 Old State Line Road, Swanton, Ohio 43558, and determined there is a low potential for EJ concerns at this location.

3. Site Characteristics

The Site was historically used for salvage and waste disposal activities from the early 1940s until the 1970s. According to the Site Assessment Report for an EPA CERCLA Removal Action Report completed in 1992, drums containing waste materials, some of which were characteristically hazardous, were accepted for disposal at the Site. According to OEPA, salvage, burning, and surface disposal operations primarily occurred on the northern two-thirds of the Site. It is possible that known or suspected wastes exist on all six adjacent parcels and may have been part of a single larger surface and subsurface disposal operation.

In October 1991, contamination was discovered by American Natural Resources, Inc. (ANR) while clearing a right-of-way for a gas pipeline installation at an adjacent prope1iy. EPA has contacted the property owner (Lucas County Board of Commissioners) to obtain additional information and recent environmental sampling data, however, at the time of this Action Memorandum, phone calls have not been returned. If no response is obtained from the Lucas County Board of Commissioners, EPA may send a 104 ( e) Information Request.

In December 2012, OEPA conducted a Site Reassessment of one of the parcels and noted numerous large piles of aluminum dross on the ground. OEP A detected volatile organic compounds (VOCs) and heavy metals in the shallow groundwater, and heavy metals and semi volatile organic compounds (SVOCs) in Site surface soils. In the_ groundwater samples, chlorinated solvents including TCE and its breakdown products were detected in one sample at the following concentrations J'CE at 120 µg/L, cis-1,2-dichloroethene at 14 µg/L, 1,1-dichloroethene at 1,400 µg/L, and vinyl chloride at 7 .0 µg/L.

In 2013, EPA's Site Assessment Team in the Chicago Regional Office refened the Site to EPA's Removal Branch to fi.uiher investigate actual or potential threats posed by Site contaminants.

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

5

EPA documented the presence of elevated levels of a hazardous substance at the Site, as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), including lead within the residential properties. Samples taken in the area showed lead in the industrial waste piles at levels exceeding the RML ( 400 mg/kg) established for the Site.

A release into the environment of a hazardous substance, pollutant, and/or contaminant has occun-ed at the Site property due to illegal dumping of industrial wastes. Possible exposure routes for human health and wildlife contact with hazardous substances includes direct contact with contaminated soil and cousumption of soils that contain lead.

5., NPL status

The site is not on the National Priorities List (NPL) and is not nationally significant.

6. Maps, pictures and other graphic representations

A :figure detailing the location of the site is included in the attached Site Location Map (Figure A-1 ). A :figure showing the location and ownership information for each parcel is included in the Site Parcel Map (Figure A-2). A :figure detailing site features such as the industrial waste debris piles, site boundaries, and sun-ounding property is presented in the attached Site Features Map (Figure A-3).

B. Other Actions to Date

1. Previous actions

In November 1991, the EPA's Technical Assistance Team (TAT) contractor performed a site assessment on the property and discovered several hundred drums of various contents, compressed gas cylinders and large piles of metallic dross material. Analytical results of the site assessment sampling indicated that a potential threat to the environmental may exist from the drum contents and the metal dross piles.

In April 1992, EPA initiated .a removal action at what was termed the ANR-Griswold Site. A total of274 drums containing hazardous materials, seven compressed gas cylinders, 119 cubic yards of metal dross, and 20 cubic yards ofRCRA-empty drums and containers were transported off-site during the removal action. Some excavation areas repmiedly had waste debris within open trenches, but it was not readily apparent if wastes were buried in trenches throughout the property. In 1992, the OEP A also completed a preliminary assessment followed by a 1993 Site Inspection (SI) at the Griswold property. These assessments determined that nearby residential wells were not impacted by Site related contaminants.

In April 1994, the BP A tasked the TAT contractor to perform a site assessment at the original Bush Site, located adjacent to the former MTR-Griswold Superfund Site. Numerous rusted and deteriorated 55-gallon drums, 5-gallon containers, metal dross piles and discarded household appliances were documented to still be present on the property. Analytical results of the drum

6

and waste samples indicated elevated levels of barium, chromium, lead and total cyanide. The report also noted several industrial waste debris piles located on the property. It is not known if EPA conducted a removal action at the original Bush Site.

Following the removal action at the Griswold Site in 1992, the Lucas County Health Depaiiment issued orders to the property owners to properly characterize and remove the remaining solid wastes after the EPA Removal Action. Over the next several years, the local health department and county prosecutor attempted to enforce the original order and a subsequent court order to abate the solid waste violations.

In 2000, Midwest Environmental Consultants, Inc. (MEC) perfonned an environmental assessment for the Lucas County Board of Commissioners on the adjacent parcels owned by the County. The assessment identified organic compounds in the groundwater, including trichloroethylene (TCE) at 170 micrograms per Liter (µg/L) and its breakdown products (1,1,1-t:richloroethene at 5.2 µg/L and cis 1,2-dichloroethene at 5.4 µg/L) in the groundwater monitoring wells.

2. Current actions

None identified.·

C. State and Local Authorities' Roles

1. State and local actions to date

The Ohio Environmental Protection Agency (OEPA) was instrumental in refenfog the site to EPA for evaluation and potential removal action. On August 5, 2013, the EPA Site Reassessment Team in the Chicago Regional Office sent a request for assessment of the site for threats to human health and the environment.

2. Potential for continued state/local response

State and local government assistance will be required during the removal action for those governmental functions that are inherently state and local.

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

The conditions remaining at the Bush site present a substantial threat to the public health or welfare, and the environment, and meet the criteria for a time-critical removal action as provided for in the NCP, 40 C.F .R. §300.4 l 5(b )(2). These criteria include, but are not limited to, the following:

7

1. Actual or potential exposure to nearby human populations, animals, or the food chain from hazardous substances or pollutants or contaminants.

This factor is present at the Site due to high levels of lead industrial waste piles sampled during the May 2014 Site Assessment. Historical analytical results described above indicate that hazardous subStances, as defined by CERCLA Section 101(14), pollutants, and contaminants are present at the Site, and represent an actual or potential exposure threat to nearby human populations. Concentrations of hazardous substances exceed relevant screening or regulatory levels. Specifically, samples collected from the Site show that Lead is present onsite in levels exceeding the applicable screening criteria.

The Site is located in a residential neighborhood, bordering residences on each side of the Site. There are 3,690 residents within the Village of Swanton. Within a 7 .5-mile-radius of the Site are two elementary schools, one middle school, one high school, two day care facilities, and a public library. Park Elementary School is located 7.5 miles southwest of the Site. Crestwood Elementary School is located 6.3 miles southwest of the Site. Swanton Middle School is located 6.5 miles southwest of the Site.

During this assessment lead was detected above the RML of 400 milligrams per kilogram (mg/kg) in all samples collected from the industrial waste piles (ranging from 420 to 1,000 mg/kg), with the highest results in samples BP05 Powder at 1,000 mg/Kg and in sample BP04 Powder at 980 mg/kg. Sample MDP6 and MDPl showed lead concentrations at 520 and 420 mg/kg, respectively.

Based on potential future use of the Site as a nature preserve with exposure routes for visitors and volunteers, the exposure to lead is present. The effects of lead exposure are more sensitive for young children and for developing fetuses through exposure to pregnant women. The hannful effects of lead include premature births, lower birth weight, decreased mental ability in infants, learning difficulties, and reduced growth in young children. In adults, lead increases blood pressure, induces anemia as a result of the inhibition of hemoglobin synthesis, decreases . . reaction time, affects memoty, and damages the male reprodu,ctive system. Lead is also considered by EPA to be a probable human carcinogen. Reference: A TSDR, 2007, ToxF AQs. for Lead, Agency for Toxic Substances and Disease Registry, Division of Toxicology and Environmental Medicine, Atlanta, GA, U.S. Department of Health and Human Services, Public Health Service. ·

If left in place, the piles of industrial waste containing high levels of lead could have a negative effect on wildlife through accidental ingestion of lead-contaminated food or the accidental ingestion oflead associated with sediments (soil) in osprey, raptors, and songbirds. These negative effects include inhibition of delta-aminolevulinic acid dehydrasatase involved in heme synthesis; elevated lead levels in blood and tissues, and weight loss. Lead objects can dissolve under certain conditions, and vegetation, and resulting in exposure of biota via ingestion of soil, sediments, food and water. In field and laboratory studies, lead is generally found to evoke its toxicity in multiple organ systems. These include lead induced-anemia, central and peripheral

8

neuropathy, nephrotoxicity, hypertension, and alteration to endocrine and reproductive function. Lead is also known to be a carcinogen for some animals ..

2. High levels of hazardous substances or pollutants or contaminants near the surface that may migrate;

Lead concentrations of up to 1,000 ppm have been documented in industrial waste piles at the Site. Due to the uncontrolled access to the Site, these contaminants have the potential for migrating primarily from typical human activities such as walking, or playing in or along the parcels.

The U.S. Department of Health and Human Services (DHHS) has detennined that lead and lead compounds are reasonably anticipated to be human carcinogens and the EPA has determined that lead is a probable human carcinogen. The International Agency for Research on Cancer (IARC) has determined that inorganic lead is probably carcinogenic to humans.

Children are more vulnerable to lead poisoning than adults. A child who swallows large amounts of lead may develop anemia, severe stomachaches, muscle weakness, and brain damage. If a child swallows smaller amounts of lead, much less severe effects on blood and brain function may occur. Even at lower levels of exposure, lead can affect a ,child's mental and physical growth.

Exposure to lead is more dangerous for young adults and unbom children~ Unborn children can be exposed to lead through their mothers. Haimful effects include premature births, smaller babies, decreased mental ability in the infant, learning difficulties, and reduced growth in young children. These effects are more colllll1on if the mother or baby was exposed to high levels of lead. Some of these effects may persist beyond childhood.

Lead - Lead is a highly toxic metal. The routes of lead intake are ingestion and inhalation. Lead is a metabolic poison which inhibits the fonnation of hemoglobin. Poisoning is associated with symptoms of intestinal cramps, peripheral nerve paralysis, anemia, and fatigue. In severe cases, lead poisoning may lead to encephalitis. Lead poisoning symptoms usually develop slowly. By the tin1e severe symptoms occur, there may be permanent, ineversible damage to the central nervous system. With less severe symptoms, such as anemia and intestinal disorders, injury is reversible if overexposure is stopped. Recovery, however, may be slow.

3. Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released.

This factor is present due to high levels of lead in industrial waste piles above the ground surface. During dry conditions, winds could cause dust particles to further migrate both on and off Site or carried into living areas.

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According to the National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Lucas County experiences approximately 35 inches of precipitation per year. Analytical results of this Site Assessment show exceedances of the residential RMLs for lead. The Site is currently vacant and covered with vegetation. Weather conditions such as heavy rainfall, snow melt, and flooding continue to infiltrate subsurface soil and the underlying groundwater table, which could result in frniher lateral off site migration of lead .

. 3. The availability of other appropriate federal or state response mechanisms to respond to the release.

The EPA's Site Reassessment Team in the Chicago Regional Office, with concurrence and assistance of OEP A, requested the EPA Removal Branch's assistance with a SA and potential Time-Critical Removal at the site. OEP A does not have the means to conduct a cleanup at the site. This request documents the need for federal involvement to address the imminent and substantial threat of endangerment to human health and the environment posed by the site.

IV. ENDANGERMENT DETERMINATION

Given the site conditions, the nature of the known and suspected hazardous substances on site, and the potential exposure pathways described in Sections ll and III above, actual or threatened releases of hazardous substances from this site, if not addressed by implementing the response actions selected in this Action Memorandum, may present an imminent and _substantial endangerment to public health, or welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed action description

The response actions described in this memorandun1 directly address actual or potential releases of hazardous substances on site, which may pose an imminent and substantial endangerment to public health, or welfare, or the environment. Removal activities on site will include:

a) Develop and implement a site-specific Health and Safety Plan, including an Air Monitoring Plan, and a Site Emergency Contingency Plan; ·

b) Develop and implement a Site Work Plan and Site Security Plan;

·c) Continue investigation mid characterization of the industrial waste debris piles not sampled during the Site Assessment;

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d) Remove contaminated industrial waste debris piles and surface soils contaminated with runoff around the piles on Site;

e) Investigate the potential for buried drums in and around the industrial waste debris piles on Site;

±) Excavate buried drums and perform additional investigation, if needed;

g) Treat or dispose of lead contaminated debris and drums encountered during excavation;

h) Sample all suspected hazardous substances and conduct confirmation sampling, as needed, in compliance with a site-specific Quality Assurance/Quality Control (QA/QC) Plan, if needed;

i) Address other contan1inated media in accordance with Applicable or Appropriate and Relevant Requirements, to the extent practicable;

j) Consolidate and package hazardous substances, pollutants and contaminants for transportation and off-site disposal;

k) Backfill and restore excavated and disturbed areas; and

I) Transport and dispose of all characterized or identified hazardous substances, pollutants, wastes, or contaminants that pose a substantial threat of release at a RCRA/CERCLA-approved disposal facility in accordance with EPA's Off-Site Rule (40 C.F.R. § 300.440); and

The removal action will be conducted in a manner not inconsistent with the NCP. The OSC has initiated planning for provision of post-removal site control consistent with the provisions of Section 300.415(1) of the NCP. Elimination of all threats· presented by hazardous substances at the site, however; is expected to minimize the need for post-removal site control.

All hazardous substances, pollutants or contaminants removed off-site pursuant to this removal action for treatment, storage and disposal shall be treated, stored, or disposed at a facility in compliance, as determined by BP A, with the BP A Off-Site Rule, 40 C.F .R. § 300.440.

2. Contribution to remedial performance

The proposed action will not impede future actions based on available information. The proposed actions will, to the extent pradicable, contribute to the efficient performance of any long-term remedial action with respect to the release or threatened release concerned. However, this action is anticipated to eliminate the need for any significant post removal control requirements.

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3. Engineering Evaluation/Cost Analysis (EE/CA)

Not Applicable.

. 4: Applicable or relevant and appropriate requirements (ARARs)

All applicable or relevant and appropriate requirements (ARARs) of Federal and State Law will be complied with to the extent practicable considering the exigencies of the circumstances.

Federal

None

On June 11, 2015, the OSC sent a letter to Mr. Steve Snyder requesting any State of Ohio · ARARs which may apply.

5. Project schedule

The proposed activities listed in Section V of this memorandum will require an estimated 20 onsite working days to complete.

6. Estimated costs

REMOVAL ACTION PROJECT CEILJNG ESTIMATE

Extramural Costs: Regional Removal Allowance Costs:

Total Cleanup Contractor Allowance Costs (This cost category: includes estimates for ERRS, subcontractors, Notices to Proceed, and Interagency Agreements with Other Federal Agencies. Includes a 15 % contingency) $ 332,023

Other Extramural Costs NotFunded from the Regional Allowance: $ 30,380

Total START, including multiplier costs

Subtotal Extramural Costs $ 362,403

Extramural Costs Contingency (20% of Subtotal, Extramural Costs) $ 72,481

TOTAL REMOVAL ACTION PROJECT CEILING $ 434,884

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VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN

Given the site conditions, the nature of the hazardous substances and pollutants or contaminants documented on site, and the potential exposure pathways to nearby populations described in Sections II, III, and IV above, actual or threatened release of hazardous substances and pollutants or contaminants from the site, failing to take or delaying action may present an imminent and substantial endangerment to public health, welfare or the environment, increasing the potential that hazardous substances will be released, thereby threatening the adjacent population and the environment.

VII. OUTSTANDING POLICY ISSUES

None.

VIII. ENFORCEMENT

For administrative purposes, information concerning the enforcement strategy for this site is contained in the Enforcement Confidential Addendum 1•

($434,884+ $16;250) + (57.47% x $451,134) = $ 710,400

The total EPA costs for this removal action based on full-cost accounting practices that will be eligible for cost recovery are estimated to be $710,400.

IX. RECOMMENDATION

This decision document represents the selected removal action for the Bush Site in Swanton, Lucas County, Ohio, 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, see Attachment IL Conditions at the site meet the NCP § 300.415(b)(2) criteria for a removal action and I recommend your approval of the removal action proposed in this Action Memorandum.

The total removal project ceiling if approved will be $434,884 of which an estimated $404,504 may be used for the cleanup contractor costs. You may indicate your approval by signing below.

1 Direct Costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on an estimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with the 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 tost.s, and may be acljusted during the course of a removal action. The estimates are for illustrative purposes only and their use is not intended to create any rights for responsible parties. Neither the lack of a total cost estimate nor deviation of ac!ual total costs from this estimate will affect the United States' right to cost recovery.

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APPROVE: Director, Superfund Division

Director, Superfund Division _

Enforcement Addendum

Figures:

A-l; Site Location Map A-2: Site Parcels Map A-3: Site Features Map

Attachments:

I. Environmental Justice (EJ) Analysis II. Detailed Cleanup Contractor Cost Estimate III. · Administrative Record Index IV. Independent Government Cost Estimate

cc: B. Schlieger, EPA HQ

DATE:

L. Nelson, U.S. Department of the Interior, w/o Enf. Addendum Craig Butler, Director, OEPA, w/o Enf. Addendum Mike De Wine, Ohio Attorney General, w/o Enf. Addendum

- 30 E. Broad Street, 14th Floor Columbus, Ohio 43215

S. Snyder, OEPA, w/o Enf. Addendum P. Hamblin, EPA w/o Enf. Addendum

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Documents

EPA ACTION MEMORANDUM RE: REQUEST FOR APPROVAL OF A