ML20091A502
| ML20091A502 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 03/18/1992 |
| From: | Provencher R ENERGY, DEPT. OF, IDAHO OPERATIONS OFFICE |
| To: | Poulson W, Szalinski S WEST VALLEY NUCLEAR SERVICES CO., INC. |
| References | |
| REF-PROJ-M-32 NUDOCS 9203270205 | |
| Download: ML20091A502 (138) | |
Text
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% Department of Energy 1 ,
}" }.- Idaho Operations Office 9.gf j /[/ 7'b. --
, fg West Vaney Project Office ty p6 " P.O. Box 191 West Vahey, NY 14171 March 18, 1992 Mr. W. G. Poulson, President and General Manager West Valley Nuclear Services Co., Inc.
P.O. Box 191 West Valley, NY 14171 ATTENTION: S. J. Szalinski, Environmental Operations and Support Manager
SUBJECT:
Western New York Nuclear Service Center (WNYNSC)
Resource Conservation Recovery Act (RCRA) 3008(h)
Administrative Order on Consent, Docket No. II RCRA-3008(h)-92-0202
REFERENCES:
- 1. Letter 0105:92:09, C. R. Howard to M. D. Oslen, et al., " West Valley Order Docket No. II RCRA-3008(h)-92-0202," dated March 9, 1992
- 2. Letter 0105:92:09, C. R. Howard to M. D. Olsen and H. Brodie, " West Valley RCRA 3008(h) Order," dated August 12, 1991
Dear Sir:
~
Reference one (enclosed) contains the fully executed RCRA 3008(h) Consent Order for the WNYNSC, which becomes effective March 15, 1992. Also enclosed is Reference 2, which transmitted Attachments I and II as Mr. Howard discusses in the March 9, 1992, letter. These documents were informally delivered to Mr. G. Centrich of your staff on March 11, 1992. Please ensure that West Valley Demonstration Project (WVDP) operations are conducted in compliance with the enclosed.
In accordance with Section II.3, please distribute copies of the enclosed to all entities retained to conduct, monitor, or perform any work pursuant to this order. In addition please review Table I and Attachment III to ensure all site Solid Waste Management Units have been included. Please note that if, at any time, Table I and Attachment III are found incomplete,
. notification must be made in accordance with Section VI.3.
I 9203270205 920318 '* (
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W. G. Poulson fiarch 18, 1092 A
If you have any questions, please contact eithe me on Extension 4101 or Elizabeth Matthews of my staff on Extension 4930.
Sincerely,
/
/
./%
R. . Provencher, Environment, Safety, Health and .
Quality verification Program Manager Regulatory Compliance Office
Enclosures:
Reference 1 Reference 2 cc: G. Meyer, Chief, Hazardous Waste Compliance Branch, USEPA (w/o enc)
(2 Copies) P. Counterman, Director, Bureau of Hazardous ,
Waste Facility Permitt3ng, NYSDEC (w/o enc)
A. Bellina, Chief, Hazardous Waste Facilities Branch, USEPA (w/o enc)
J. Gorman, Hazardous Waste Compliance Branch, USEPA (w/o enc)
L. Livingston, Permits Administration Branch, USEPA (w/o enc)
J. Spagnoli, Regional Director, NYSDEC - Region 9, -
Buffalo (w/o enc) 1 P. J. Bembia, NYSERDA-WV (w/o enc)
G. Comfort, NRC (w/ enc)
EAM:065:92 - 0105:92:09 EAM/sl
<1
l
' i pso n. -
E O '4 1 y UNITED STATES ENVIRONMENTAL FROTECTION AGENCY
- a 7 REG:CN !i
. s.s J A C C S P. _ AVITS rEOER AL SUll CiNG NEW YORK. NEW YCRK 1007S Mark Olsen Hal Brodie Counsel Assistant Counsel Office of Chief Counsel NYS Energy Research and U.S. Department of Energy Development Authority 785 DOE Place 2 Rockefellcr Plaza Idaho Falls, Idar.o 83402 Albany, NY 12223 Deborah Christian Jeff Yocum Associate Attorney B.D.M International 12850 Division of Enforcement Middlebrook Road - Suite 300 NYSDEC Germantown, N!aryland 20874 50 Wolf Road Albany, NY 12233-5500 Elizabeth Mathews US DOE Rocksprings Rd.
P.O. Sex 191 West Valley, NY 14171-0191 Re: West Valley Order Docket Mo. II RCRA-3008(h)-92-0202
Dear Addressees:
Enclosed please find the executed Order in the above-captioned matter. Please note that ? have not included Attachments I and II as all parties have these attachments. I have sent you a complete order to avoid any possible confusion due to the number of previous drafts and inserts circulated earlier.
If you have any questions or concerns please contact me at its/264-8929.
Si erely, u f-/'./
Carl R.
owar P
(
Assistant Regional Counsel Office of Regional Counsel Enclosure PRINTED ON RECYCLEO P APER
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION II IN THE MATTER OP: ,
i I g Western New York Nuclear !
ADMINISTRATIVE ORDER
, Service Center ON CONSENT DOC}~ET No. II RCRA-3008(h)-
i 92-0202 Proceeding under Section 3008(h),
New York State Energy g of the Resource Conservation and Research Development l Recovery Act, as amended.
Authority, EPA ID Number g
NYD986905545; g
I U.S. Department of Energy, !
EPA ID Number NYD 980779540 RESPcNoENTS j l
1 l
l l
l t
' y-
2 Table of Contents
- 1. TABLI OF CONTENTS............................... 2 j I. PRELIMINARY STATEMENT........................... .
4 II. PARTIES BOUND................................... S
, III. STATEMENT OF PURPOSE............................ 6 IV. FINDINGS OF FACT................................ 7 V. CONCLUSIONS OF LAW.............................. 22 VI. ORDER: WORK TO BE PERFOR!ED BY DOE AND NYSERDA. . 23 VII. ADDITIONAL WORK................................. 48 VIII. EMERGENCY PROVIS!ON............................. 49 IX. MINIMUM QUALIFICATIONS FOR PERSONNEL ........... 50 X. PROJECT COORDINATOR /INFORMATION................. 51 XI. QUALITY ASSURANCE / QUALITY CONTROL............... 52 XII. EPA APPROVALS................................... 53 XIII. ACCESS.......................................... 55 XIV. RECORD PRESERVAT!ON............................. 56 XV. PISERVATION OF RIGHTS........................... 58 XVI. NON-RELEASE OF OTHER CLAIMS AND PARTIES... ..... 62 XVII. PUBLIC PARTICIPATION............................ 63 XVIII. OTHER APP LI CAB LE LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 XIX. DISPUTE RESOLUTION.............................. 64 XX. AVAILABILITY OF INFORMATION/ NOTIFICATION. . . . . . . . 70 XXI. TERMINATION AND SATISFACTION.................... 73 XXII. SURVIVABILITY / PERMIT INTEGRATION................ 73 XXIII. MODI FI CATION / EXTENSION . . . . . . . . . . . . . . . . . . . . . . . . . . 75
- . . =_. . -._- . . . _ . - _ . - - . . . .- .. .
3
' XXIV. NO FINAL AGEN CY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . 76
, XXV. S EVERAB I LI TY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 4
. XXVI. FORCE MAJEURE AND EXCUSABLE DELAY. . . . . . . . . . . . . . 76 XXVII. ENFORCEMENT.................................... 79 t
XXVIII. FUNDING......................................... 79 XXIX. EFFECTIVE DATE.........'........................
. 81 XXX. CONSENT......................................... 81 Attachment I Attachment II Attachment III - Map of Facility
4 I. Preliminary Staterent This Administrative Order on Consent (" Order") is being issued on consent to New York State Energy Research and
' )DevelopmentAuthority("NYSERDA"),andtheUnitedStates Depart =ent of Energy (" DOE"), (which hereinafter may be
, collectively referred to as " Respondent" or " Respondents")
pursuant to the Resource Conservation and Recovery Act of 1976,
~
(" RCRA") as a= ended by the Hazardous and Solid Waste Amendments -
of 1984, ("HSWA") codified at 42 U.S.C. 5 6901 212 sec., ("the Act") and the New York State Entiron= ental Conservation Law
("ECL") Article 27, Titles 3 and 13 and 55 71-2727 and 3-0301.
Section 71-2727 of the ECL authorizes the Cot:issioner of the New York State Departtent of Environmental Conservation
("NYSDEC") to issue orders requiring corrective action. Such orders may require corrective action beyond the facility boundary when necessary to protect human health and the environment. Such orcers may issue for any and all releases of hazardous waste or hazardcus constituents fro: any solid waste manage =ent unit at any treatment, storage or disposal facility which has interin status regardless of the time at which waste was placed in the unit.
Section 3008(h) of the Act, 42 U.S.C. 5 6928(h), authorizes the Administrator of the United States Environmental Protection Agency (" EPA") to issue an order requiring corrective action or such other response which he deems necessary to protect human health or the environment, if, on the basis of any information, 1
5 he determines that there is or has been a release of hazardous vaste or hazardous constituents into the environment from a jfacilitythatisorwasauthorizedtooperateunderSection .
3005(e) of the Act, 42 U.S.C. 5 6925(e)., The authority vested in
, the Administrator has been delegated to the Regional Administrators by EPA Delegation Number 8-31, dated April 16, 1985. This authority has been further delegated by the Regional Administrator of EPA, Region II, to the Director of the Air and
'Maste Management Division of EPA, Region II, by Region II Delegation Number 8-32, effective July 1, 1987.
II. Parties Bound
- 1. 'Ihis order, and the responsibilities and obligations it i= poses, shall apply to and bind the Respondent, its present and future officers, directors, officials, e=ployees, agents, t'ruste e s , receivers, successors, assigns, and all other persons including, but not limited to, fir:s, corporations, parent co=panies, contractors, independent contractors, subcontractors, or consultants who act for, are owned by, or are in an agency relationship with the Respondent, and who conduct, monitor or perfor any work pursuant to or required by this Order.
- 2. Regardless of Respondent's employ of, or contractual agreement with, any entity named in paragraph 1 of this section, j the Respondent remains ultimately liable for. failure to carry i
out, or cc= ply with, any ter= or condition imposed by this order.
- 3. All contractual agreements entered into by Respondent aired at satisfying its responsibilities or obligations under
, 6 this order shall strictly co: ply ,vith the terms and conditions of this order. In addition, Respondent shall, within one week of
, the effective date of this order and immediately, upon hiring, k
provide a copy of this order, and any relevant attachments, to a3.1 contracters, subcontractors, laboratories, consultants, or e
ac.y entity retained to conduct, monitor or perform any work pursuant to this order.
- 4. Respondent shall give notice, and a copy, of this order to any successor in interest prior to any transfer of ownership or operation of the Facility (as defined in Section IV below) and shall notify EPA's designated contact thirty (30) days prior to any such transfer.
- 5. No change in the Respondent's organizational ft.rm or in the ownership of the Facility, except as specifically provided for by an act of Congress or the New York State Legislature, shall in any way alter or alleviate Respondent's responsibility and cbligation to carry out all the terms and conditions of this order.
III. staterent of Purrese
- 1. This order is being issued to protect hunan health and the environment frc: releases of hazardous vaste and/or hazardous ennstituents, as defined by Section 1004 (5) of the Act, 42 U.S.C.
5 6903(5), 40 C.F.R. Pa rt 2 61. 3 , ECL 6 27-0901(3), and 6 NYCRR Part 371 and 40 C.F.R. Part 261 Appendix VIII, and 6 NYCRR Part 371, Appendix 23, at or frc= Respondent's Facility.
7 l l
- 2. To aenieve this purpose, DOE and NYSERDA snall, among other things: (a) perform Interim Measures ("IM") at the Facility to reduce or eliminate any threats te human health or the f environment; (b) perform a RCRA Facility Investigation ("RFI") to I determine fully the nature and extent of any releare(s) of I hazardous waste and/or hazardous constituents from the Facility into the environment; and (c) if any releases exceed action limits set by the EPA consistent with applicable law and applicable guidance, or agreed upon by the Parties (including Respondents and EPA) to reduce or eliminate any threats to human health or the environment, perform a Corrective Measures Study
(" CMS") to determine the most environmenta31y beneficial corrective measure (s) for each solid waste management unit.
IV. Findincs of Fact
- 1. Historv of site onorations:
a) In 1962, Nuclear Fuel Services, Inc. ("NFS")
entered into Agreements with the Atomic Energy Commission and New York State to construct the first commercial reprocessing plant of nuclear fuel in the United States.
The NFS reprocessing facility was located or.
state-owned property known as the Western New York Nuclear Service Center (" Center"). A provisional operating license for the Center was issued to the Center by the Atomic Energy t
Commission on April 19, 1966.
l i
m -w
8 b) From 1966 to ,1972, the Center was the location of the only commercial nuclear fuel reprocessing facility ever operated in the 4
United States. As a result of this operation, nearly 600,000 gallons of high 1evel liquid nuclear waste, a by-product of reprocessing, was produced and a part of which rensins in underground storage tanks at the Center as of the date of this order, c) In 1972, the NFS Reprocessing plant was shut down for modifications to increase capacity.
In 1976 NFS withdrew from the reprocessing business and the plant never reopened.
- 2. tecislative Histerv:
a) In 1980, Congress passed thn West Valley Demonstration Project Act ("RVCP Act"),
Public Law 96-368, directing DOE in cooperation with the State of New York to carry out a high level radioactive vaste manage =ent demonstration project at the Center for the purpose of demonstrating solidification techniques for preparing high level radioactive waste for disposal, b) Under the WVDP Act, DOE is mandated, in part, to dispose of low-level and transuranic waste produced by WVDP activities, decontaminate
9 and decommission the tanks in which the high level vaste was stored as well as the facilitics, hardware and natarial used in the WVDP.
c) Effective October 1, 1980, DOE, on bahalf of the United States of America, and NYSERDA, on behalf of the Statn of New York, entered into a Cooperative Agreement to establish a frarevork for the implementation of the WVDP '
d) On September 30, 1981, the Nuclear Regulatory Co==ission ("NRC") issued an amendment to the racility license which permitted transfer of the Facility to DOE for the purpose of carrying cut the WVDP (46 Egd. Eta. 49237).
In 1982 NYSERDA became the exclusive licensee, but presently lacks authority under the license to possess, use, or operate the Facility on WVDP pre =ises or on the Center.
NYSERDA's authority for activities with regard to the State Licensed Disposal (Burial) Area ("SDA") is separate from this license.
- 3. State Autherization:
1
- . _ . _ . _ . _ _ - ~ _ _ ~ _ _ . _ . _ _ . . _ . _ _ _ . . _ - . . . _ - _ . _ _ . _ - - . _ . . _ _ _ _ _ _ _ _ _
10 a) Section 3006(b) of RCRA, 42 U.S.C. 5 6926(b),
permits the Ad=inistrator of the EPA to authorize a state to operate a hazardous 4
waste program. New York State Department of Environ = ental Conservation ("NYSDEC")
received final authorization to administer the pre-HSWA hazardous vaste program as of May 29, 1986 (51 E2d. Eng. 17737 (May 15, 1986)).
P b) On September 23, 1988, EPA published a Clarification Notice (53 E2d. E23 37045) which stated that " Facilities treating, storing, or disposing of radioactive mixed waste in states that received authorization by September 23, 1988 are not subject to RCRA regulations until the state revises its existing authorized hazardous waste program to include authority to regulate radioactive mixed waste." The State of New York has revised its authorized program as required by the above Notice.
l c) In a rule published on March 6, 1990, New i
York State was authorized to regulate the hazardous waste constituents of radioactive mixed waste, effective May 7, 1990 (55 E2d.
' Egg. 7896).
11
- 4. Ovner/Ocerator; IPA has determined that Respondent DOE is the operator of the est Valley Demonstration Project ("WVDp") and that e Respondent NYSERDA ownc the Center and is the operator for all 4
' parts of the . Center except those parts which are used or are in
.the possession of DOE as part of the WVDP.
t
- 5. Reseendent is a "Persen":
NYSERDA is a " person" as defined by Section 1004(15) of the Act, 42 U.S.C. 5 6905(15) and Title Six (6) New York Codes, Rules and Regulations, Part 370, Section 370.2 (b) (102) (6 NYCRR 5 370.2(b)]. Pursuant to Section 6001 of the Act, 42 U.S.C. 5 6961, DOE is subject t.o all federal, state, interstate, and local requirements, both substantive and procedural, just as any person is subject to such requirements.
- 6. Netificatient Pursuant to Section 3010 of the Act, 42 U.S.C. 5 6930, on October 17, 1984, Respondent DOE notified EPA of its hazardous waste activity, as that tern is defined by Section 1004 (5) of the Act, 42 U.S.C. E 6503(5) and requested the issuance of an EPA Hazardous Waste Identification number. On June 5, 1990, Respondent NYSERDA notified IPA of its hazardous waste activity, as that term is defined by Section 1004 (S) of the Act, 42 U.S.C.
5 6903'(s) and requested the issuance of an EPA Hazardous Waste Identification number. In these antifications, Respondent DOE
. _ _ - _ . . . . . . ~ . - . - -- - - ,. . -. - . _ - .
12 identified itself as a generator of hazardous vaste and an operator of a hazardous waste treatment, storage, and disposal
, facility; and NYSERDA established itself as the owner of the A
. Center as the term "ovner" is used under RCRA. In addition, EPA has deter =ined that NYSERDA is a generator of ha:ardous vaste due to the generation of hazardous waste in the leachate at the SDA.
22 Part A Perrit Acolication:
Pursuant to Section 3005(e) cf the Act, 42 U.S.C. 5 6925(e), en June 4, 1990, Respondent DOE submitted to EPA and NYSDEC its Part A Hazardous Waste Per=it application. Based on Respondent DOE's Part A application, Respondent DOE stores and treats hazardous vastes at its Facility, including storage in containers, storage in tanks, and treatment of the following:
a) D005 (wastes that are EP Toxic for Barium) b) D006 (wastes that are EP Toxic for Cadmiu=)
c) D007 (wastes that are-EP Toxic for Chromium) d) D009 (wastes that are EP Toxic for Mercury) e) D010 (vastes that are EP Toxic for Selenium) f) D002 (corrosive wastes).
! Pursuant to Section 3005(e) of the Act, 42 U.S.C. 5 L 6925(e), on June 5, 1990, Respondent NYSERDA subnitted to DEC and EPA its Part A Hazardous Waste Per=it application in which NYSERDA asserted that it sub=itted its application to ETA and NYSr. as a protective filing. Based on Respondent NYSERDA's Part A application, EPA has determined that Respondent NYSERDA
13 stores and treats the following h.azardous vastes et its Facility:
, a) Storage of hazardous wastes (T002, F003, d F005, UO19, U159, 0044, U165, U101, UO76, UO83, U210, U228, UO80, U239, U002, U161, and U188) in tLnks; b) Treat =ent of hazardous wastes (F002, F003, F005, UO19, U159, UO44, U165, U101, UO76, U083, U210, U228, UOBO, U239, U002, 0161, and U188); and c) Storage of hazardous vastes in containers.
B. Interin StAtqgi Pursuant to Section 3005(c) of the Act, 42 U.S.C. and at 40 C.F.R. $5 270.1(b) and 270.70(a), Respondents DOE and NYSERDA received "interi= status due to tir.ely submission of their:
a) Section 3010 Notification; and b) Part A of the Fermit Application.
Interi status facilities are subject to the regulations prc=ulgated pursuant to Sections 3004 and 3005 of the Art. 42 U.S.C. 55 6924 and 6925, which ale codified in 40 C.F.R.
Parts 260 - 265, 26S and 270, and 6 NYCRR Parts 370 - 373.
- 9. Facility:
a) The Facility subject to this Order includes the Center and consists of approxi=ately
.. . _ - - - - = . - - - - . . - - - - - - - -
14 3,300 acres. ,The Center is owned by NYSERDA and is accated in Cattaragtqus County, New
- York State and includes
4
, (1) the property used for the West Valley Demonstration Project ("WVDP");
(ii) the New York State Low Level Burial (Disposal) Area ("SDA"); and, (iii) all contiguous land and structures, other appurtenances, and i=provements on the land, used for treating, storing, or disposing of hazardous waste.
b) The WVDP, approximately 200 acres in si:e and located within the Center, includes all land and i=provements utilized as part of the WVDP, including, but not necessarily limited to, the Process Plant and project areas within the perimeter of an eight-foot chain link fence, including the !TRC Licensed Burial (Disposal) Area ("NDA") and SWMU 21 (the RTS Drt: Cell), but excluding the SDA. The WVDP also includes the following SWMUs listed in Table I, below:
TABLE I LIST OF INDIVIDUAL SOLID WASTE PJWAGEMENT UNITS (SWMU)
SWMU#
- 1. C;nstruction and Derelition Debris Landfill -
15 2 Eg-Licepred Disposal Ares (NDQ -
- 3. Lancen 1 -
i
- 4. Apliye LL.WTT L3geons 2. ?. 4. &J - -
4
- 5. Ecr1Deralicer S,lnig Pendr..(2). -
- 6. Eplvent Eihn -
f
- 7. E1113; Int Mixir,a Dacin -
- 8. Maintenanen Shep Leach.Tield -
- 9. & Ol d/f tey H s rit t a nd s t o ra n o Ar.g.a -
9A.
- 10. Paner Waste Incingrater -
11.& l'fresene Tanke.and NDA Centainer Storace -
lia 12 & Vitrification T..Qij;.y Test haste Storace Tanks 128
. 13. li,ich-level .}!a st e Tank Tarn -
4
- 14. ,C, hedps1 Prog.pis cell !CPC) Waste c;,,It:11ner Storsqe Area -
- 15. Centainerized _1;y-level _ ani _ Transuranic Waste Sterg.gg.,Jan ILac Sterace 1 & 2 ).
16 L L a g S t e r a a e Pu i l dingt _ Ext e n r i e n.And A d d i t i e n Ar e a s .O_.k il - -
16a i
- 17. Icw-Level Waste Trestrant._finility (LLWTEl -
- 13. .QauiM_ Waste Treatrent Systen (LWTS)
- 19. Surern3 tant Treatrent Syntan fSTS) -
- 20. lii2h"L9.Y.ALWaste Vitrification Facility -
- 21. Radvaste.TreAtrant._S.ylien Drun Cell -
- 22. frent Solidification Systen __ f CSS) -
- 23. Trench Intercer_ tor Preicet -
- 24. H a z a rd q2n WS s t e S t2Dee L2.q)1e rs (New SWt'UI -
i k
i 1
16 -
c) The SDA conprises approximately 15 acres and is located adjacent to the southeastern boundary of the WDP. The SDA includes the i following SkHUs 14 Inactive LLRW Disposal k
Trenches; Inactive Lagoon; Northern Tilled I.agoon; Southern Tilled Lagoon; and Tranch 14 :
14achate Treatment Facility.
d) NYSERDA is responsible for maintaining the SDA, including ShTVs SDA-1 through SDA-5, and ;
, SkWU 25. (These SkHUs are detailed in Table ,
JI, below). DOE is responsible for the WDP.
The caps appended to this order in .
Attachments 3A and B, depict those areas in which DOE and NYSERDA thall conduct the ,,
Ir.terin Measures required pursuant to this ,
order. Dor asserts that it has no authority under the WDP Act Vith respect to thosu portions of the racility not used pursuant to the WCP Act and that it does not generally have authority under the WDP Act for disposition of facil.ities beyond the WDP.
TABLv II i.
LIST or NON-WDP SOLID WASTE MANAGD'DIT UNITS (ShWUs)
SKWU)
SDA-1 14 Inactive LLRW Disposal Trenches SDA-2 Inactive Lagoon
37 SDA-3 Northern Filled lageco SDA-4 Southern Filled Lagocn .
{
SDA-5 Trench 14 Leachate Tx catment Facility '
e :
/ 25 Inactive scrap Material Landfill Adjacent to Balk i
Storage Warehouse
, ,10. Docurentation of Releaset a) Information sopplied by Dor concerning sampling of grouadwater monitoring wells in 1983-1989 in the NDA revealed the presence of a mixed petroleus hydrocarbon solvent (C-10 to C-16) contaminated Vith radionuclides. A record review indicates that this solvent is eithec "AMSCO odorless Mineral spirits" or "ADAFJJNE-12," which were used as diluents ir.
the fuel recycling process by Nuclear ruel Services frca 1966-1971. These products contain a small percentage of aromatic components, including the hazardous ecnstituent Naphthalene.
b) Infor:ation supplied by DOE and NYSERDA concerning sampling of leachate from Trench
- 14 in the SDA revealed the presence of certain organic constituents mixed with radionuclides. These organic chemicals i
include the following twenty-two (22),
identifiable organic compounds which are
. _ .._. - ._._ - ~ _ _ _ _ _ _ . - --- _ . --
l 18 hazardous constituents and may const&tute 7-listed hazardous vastes (the concentration
)
levels at which they have been found is also k
, indicated belove)
Cerr3und i (parts per billion) 11EA 1999.
JAveracol Hethylene Ohlorice 390 ~B50 ,
1,1 Dichloroethann ND 370 '
Chleroform- 65 443 !
1,2 Dichloropropane ND 62
^
Trichloroethene HD 25 -
Ber one HD 450 2-He,anone 41 HD 4-Hethyl-2-Pentanono ND t1 5 Tetrachloroethano ND 27 Toluene 750 28000 Ethylbenzene ND 770 2-Butanone ND 777 Acetone HD 4025
. Vinyl Acetate ND 370 Xylene 40 725 ,
Phenol <1 420 Naphtalene 400 140
- y + w 4 evwwww.,- ,%--erwev' e 919Mr' wt-"'TwWP W W*-*"#D*-f=Wu-tw'f'W'TW13g --y+'=W-me---v-*-s're WW7fWMWWw' Vp -' M T M-u- m9 %WW P 'TP" @p 4W--N' 7WWTF NT W.. ,--.,,yT Ff
19 Benzyl Alcohol < 16 4-Hethylphenol (1 425 2,4-Dimethylphenol <1 37 Benzoic Acid <10 425 Toxaphene <18 <1 e
11 Exresure Pathvavst Hazardous vastes and/or hazardous constituents nay nagrate frc units at the facility into the environment via the following pathways:
a) Groundwater: either d scharges directly sr .
indirectly through surface waters.
(i) Hazardous wastes and/or hazardouit.
constituents have been detected ir. the groundwater and SDA leachate.
(11) There is the potential for the nevettent of hazardous vastes and/or hazardeus constituents beyond the racility's boundaries.
b) Soils: Soils containing hazardous vastes and/or hazardous constituents are contained in sc e of the SWMUs at the racility.
Hazardous vaste in soil nay be directly and/or indirectly ingested, leached into groundwater, transported by runof f, or blown by vind.
I 20 [
i c) Surface Water and Sodiment ,
Sludges and !
liquids containing permissible levels of i
hazardous vastes and/or hazardous }
constituents have been released directly into the streams and/or drainage channels under a State Pollution Discharge Elimination System -
("SPDES") Permit. These stream courses may I potantially receive hazardous wastes and/or hazardous constituents as a result of surface ntnof f frt o ec. .sr.uted soils and discharge from conta,inoimi !'Wh,.ator.
d) Air: Air currenta can suspend fine, silt-sized particles a.'eng with hazardous eastes and/or hazardous constituents in the air and transport them to areas beyond the Facility's l
I boundaries.
- 12. Need to Protect Hur.an Health and Environmentt a) The following hazardous wastes and/or i
hazardous constituents have been detected in groundwater or SDA leachate at the Pacility.
- 1) Eenzene
- 11) Toluene
- iii) chloroform iv) Methylene chlorido v) Naphthalene vi) Phenol
21' l
vil) Tetrachloroethane , l b) on December 30, 1988, DOE published a Hotice {
, of Intent to prepara an Environmental Impact 4
. Statenant ("EIS") jointly with NYSERDA for
" Completion of the West Valley Demonstration ,
Project Activities and Closure of the Western New York Nuclear Service Center." (53 Ped.
Reg. 53052). The EIS is to provide environ = ental information for consideration in federal and NYSERDA decision-making related to WVDP completion activities by DOE, i
and the closure of the Center by NYSERDA.
c) DOE and NYSERDA have indicated their desire l to coordinato and integrate the requirements of this order with the development of tne EIS. !
d) EPA and NYSDEC intend to accommodate the DOE and NYSERDA's efforts to coordinate ind integrate the EIS process described above, with the work required under this order to ,
the extent EPA and NYSDEC doom such coordination nnd integration to be consistent with appliceble regulations and the protection of human health and the environment and such coordination and integration do not unduly delay the i
. - - , - - - - , . . - . _ , , . . , . - - - - _ . , , , . . . . . . _ , _ ~ , . - , , . - . _ . . - . . - . . , - - _ . _ . . _ _ _ . ~ , - _ , . , . - . - - - . _ . _ , . . . . . _ . . . - ~ ~ . . . - . - . _ , . - . . ,
22 completion of, the work required under this Order.
i V. Cenclusiens of lav k
i Based on the Findings of Fact set out above, and the administrative record, the Director of the Air and Waste Management Division, EPA Region II, has determined, and the Commissioner of NYSDEC has concurred, as a matter of lav, thatt
- 1. The racility (as defined in Section IV, Subsection 9, abovo) is authori:ed to operate under Section 3005(o), 42 U.S.C.
5 6925(e).
- 2. Respondent D E is the operator of the b'VDP portion of the racility. Pursuant to Section 6001, 42 U.S.C. $ 6061, Dot is subject to all applicabl6 ha:ardous vaste requirements to the same extent as any " person" as defined in Section 1004(15) of the 9
Act, 42 U.S.C. 5 6903(15).
4 Respondent NYSERDA-is the operator of the SDA portion of the racility.
- 5. Certain vastos found at the racility are hazardous vastes and/or hazardous constituents as those terms are defined by Section 1004(5) of the Act, 42 'U.S.C. 5 6903(5) and 40 C.P.R.
part 261.
, 6. There is or has been a release of hazardous waste (s) and/or ha:ardous constituents into the environment from the racility; and
i 23 7 The actions required to be taken pursuant to this Order are deemed to be necessary to protect human health and/or the environment.
' VI. Order: Work To De Performed by t!pE AND NYSIRDA..
1
Investigation ("RFI") set forth in Attachment I to this Order.
- 2. The Respondents shall undertake and completa the RFI i
for the Facility and shall evaluate the potential for releases from 1) all SWMUs identified in Tables I and II, above, and 2) any additional SWMUs discovered during the cource of groundwater monitoring, field investigations, environmental audits, or other means. This RFI program shall be implemented in accordance with the Act, its implementing regulations and relevant EPA guidance documents, submitted to Respondents in a timely manner.
Schedules contained in this Order establishing work-related deadlines which are expressed in terms of " days," shall refer to calendar days. Deadlines falling on federal holidays or weekends shall be understood to extend to the first subsequent business day.
- 3. Assessrent of Newiv Identified SWMUs:
a) The Respondents shall notify the EPA and NYSDEC in writing, of any additional SWMUs discovered during the course of groundwater
-monitoring, field investigatisns, environmental audits, or other means within 15 days of discovery.
24 b) Within sixty ,(60) days from notification of the EPA and NYSDEC, the Respondents shall prepara a SRMU assessment plan and a proposed schedule of icplementation and cocpletion for any additional SWMU vhich is discovered a subsequent to the issuance of this order and is known or suspected to have releases of hazardous vaste or releases of hazardous constituents to the environment. The plan shall include nethods and specific actions as necessary to determine whether a prior or continuing release of hazardous vaste or hazardous constituents has occurred at each SWMU. The plan cust also include, at a minimum, the following information for each unitt (i) Typ: of unit; (ii) Location of each unit on a topographic cap of appropriate scales (iii) Dicensions and capacities; (iv) runction of unit; (v) Dates that the unit was operated; (vi) Description of the vastes that were placed in the unit; and (vil) Description of any known releases or spills (to includo groundwater data, I
25 L
soil analyses, and/or surface water
- data).
- 4. The Respondents cay, at their option, combine two or nore units into a common RFI or CF.S with concurrent investi-
~
l
, gations, studies, and recedial actions and a single set of t
j reports. The Respondenta may aluo conduct the RFI in a phased approach (e.g., conducting soils investigation after ground water investigations) provided that the entire investigation is cer.pleted in accordance with the scheduloc contained in this ,
order and its Attachments.
5.- RCRA. Facility Investichtien ("RTI") l a) RFI Workplan for known SRMUs.
(1) Within sixty (60) days after the effectivo date of this Order, the Respondent shall prepare an RFI Workplan for all SWMUs identified in Tables I and II.
(ii) This RFI Workplan shall include i schedules of implementation and completion of specific actions necessary to determine the nature and extent of releases and the potential pathways of contaminant releases to the air, land, i subsurface gas, surface water, and ground water. The Respondents shall, at a minimum, characterize releases from
- - _ _ - - - . . - . ~ - . - - _ - - - . . . - - - - . . - - . - _ -
26 those units, to the apecific media of concern at cach unit. t b) RTI Workplan for Now SWMUs.
Within ninety (90) days after completion of the assessment of newly identified SWMUs e described above, the Respondents shall l prepare and sub=it to the EPA and NYSDEC, a RFI workplan which includes schedules of implementation and ec=pletion of specific
- actions necessary to determine the nature and extent of releases indicated by the assess =ent, and the potential pathwaya of contaminant releases to the environment. The Respondents must provide documentation that a release has not occurred and is not likely to occur if a newly identified SWMU is not included in this RFI workplan.
c) Scope of Work.
(i) General Requirements. The RTI Workplans required above, shall at a minimum, address the requirements of the Scope of Work included as Attachment I to this order. The RTI shall be conducted in accordance with the mpproved RFI Workplan. The Respondents shall provide written justification for any omissions
l 27' or deviations from the minimum require =ents of Attachment I.
i d) Approval of plans and Schedules.. All future 4
plans and schedules not initiated on the effective date of this order shall be subject ,
- I to approval of the EPA prior to 3 implementation. Tho Respondents shall revise all submittals and schedules as specified by the EPA.
c) Submittal of Plans and Reports. The results of all plans and reports shall be submitted-
~
in accordanco vith the approved schedulo. ,
Extensions of the due dato for submittals may be granted by the EPA Project Coordinator based on the Respondents' demonstration that sufficient justification for the extension exists, t
f) Progress Reports. The Respondents shall submit quarterly progress reports to EPA and NYsDEC until termination of this order. The ,
~
Respondents shall submit quarterly roports to EPA within forty five (45) days following the end of a quarter. For the purposes of this order, quarterly reporting periods are defined as followst October 1 to December 31- First (1st) Quarter i
d
- _ --,,-r-- - . . - . , . - . - . ,, , -.,----,-%, . . . - , , , , , - r-_...,,, . - , , , - , , ~~ - . -, , - - , , , . . , . . . , . , -, . - -
_.__..g _ .. _ .. _ . . , _ _ _ __ _ _ _ . _ _ _ _ _ _ ... _ . _ _ _ _
l l
28 I l
Januarv 1 to March 31 - Second (2nd) Quarter April 1 to June 30 - Third (3rd) Quarter I
, July 1 to September 30 - Tourth (4th) Quarter ,
g) Imminent Hazard Report. The Respondents l
shall itmodiately notify EPA and NYSDEC orally of any imminent or existing hazard to public health or the environment from the ;
present or past release of hazardous constituents. This oral report shall bo i followed up with a written report within 14 days, summarizing the immediacy and magnitudo
-of the potential throat to human health and the environment.
h) RFI Report. The Rospondents shall cubmit the RFI Report to the EPA in accordanco with the schedule contained in the approved RFI Workplan. The RFI. Report shall be developed in draft form for EPA and NYSDEC review. The RTI Report shall be developed in final form within sixty (60) days of roccipt of the !
EPA's comments on the draft RFI Report. The RFI Eeport shall be prepared in accordance !
with the applicable specifications and schedules contained in the Scope of Work included as Attachment I to this order.
29 i) Previously submitted Information. If any ;
items required by this order or by the
, attached scope of Work have previously been submitted or completed, it shall be so stated in the RFI Workplan. For thase items, the RFI Workplan shall include the following l
informations (i) A description of the items previou3ly submitted and/or a summary of the previously completed investigations; (ii) The date(s) of submission and/or completion; and (iii) Any known changos or now information developed since the previous submission and/or comp 1.etion.
The EPA will determine the extent to which prior submissions and/or completions satisfy specific items required by this order and rosorvos the right to require the resubmittal and modification of any prior submissions.
- 6. Corrective Measures Study; (a) Review of Final RFI Report. The EPA shall review the final reports on the RFI and notify the Respondents of the nood for further investigative actions. .
(b) Corrective Measures Study (" CMS").
-.e,---,
30 1
(i) Upon determination by EPA that additional corrective action is needed, i the Respondents shall submit to the EPA k
- and NYSDEC, a CMS in accordance with the i
specifications and schedule contained in ;
e !
the Scope of Work included as Attachment II to this Order. The proposed CMS must 4 include an evaluation and recommendation of corrective action alternatives using technical, human health and
?
environmental criteria, and media protection standards set by EPA.
. (ii) The Respondents may, subject to EPA approval, conduct CMS activities related to (a) source control and (b) plume control and recovery as separate and distinct requirements and submit J
workplans, schedules, and CMS reports.
accordingly.
(6) Scope of Work.
The RCRA CMS shall, at a minimum, address the requirements of the Scope of Work included as Attachment II to this Order. The Respondents '
shall provide written justification for.any omissions or deviations from the minimum requirements of Attachment II.
}
l 31 l l
l (d) previously submitted Information. j If any items required by this Order or by the attaened scope of Work have previously been j
submitted or completed, it shall be so stated i
in the CMS Report. For these items, the CMS :
e Report chall include the following inf ormation s (i) A description of the items previously >
submitted and/or a summary of the previously completed investigations; (ii) The-date(s) of submission and/or completion; and (iii) Any known changes or new information developed sinca the previous submission and/or completion- ;
The EPA vill determine the extent to which prior submissions and/or completions satisfy specific items required by this Order and reserves the right to require the resubmittal and modification of any prior submissions.
- 7. Interin Measures:
(a) Interim Measures ("IM") must be designed to mitigate environmental problems that pose a threat to human health and/or the-
' environment, IM may also be required by the
' EPA in order to. prevent the movement of
_ _ . _ _ _ _ . - - __ - - _ _. _ _ __ _ _ _ _ _ m,_.-
32 hazardous vasto or hazardous constituonts beyond the racility's boundary or to mitigato i the offects of roloasos, if any, that may i
have already migrated beyond the racility's
- boundary. IM should bo designed to be -j i consistent with the anticipated final correctivo measures for the racility. The e EPA shall decido if and when IM are required in accordance with the requirements of this t
order.
(b) The Respondents shall continue to conduct all '
existing intorim remedial measures that may be specified in any part of this order. The Respondents shall continue to conduct those existing remedial measures until rocoiving ,
written notico from the EPA that the existing ,
remedial measures are no longer nooded or until such ti=e as the EPA approves modification of the interin remedial measures, (c) In the event that during, or as a result of, the Renedial Investigation, the Respondents or the EPA determinos that nowly acquired l information indicates an imminent throat to human health and/or the environment, the Respondents shall:
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.3,, y,, , . , , - . ,m..
-p., - , - - ,,,e-rr,,,-, y .,,.---y--_. . , , -.,--
i 33 (i) Undortake additional IM as directed by the !
EPA, to be implomonted by the Respondents {
vithin a timeframe specified by the EPA; and/or (ii) Submit a proposal for additional IM to be e approved and/or modified by the EPA and [
implemented within an approved timeframo. ,
d) Interin Measures in the NRC-Licensed Disposal ;
Area (NDA): ,
(1) Description of Events Leading to Interin Measures:
A record review indicates that Tributyl phosphate (TBP) dissolved in either "AMSCO Mineral Spirits" or "ADAKANE-12" vore t
solvents used by NPS in the solvent extraction phase of reprocessing spent '
nuclear fuel. A record review indicatos that a total of twenty two, one thousand gallon tanks containing the solvent / sorbent material was disposed of episodically batveen 1968 and
{
1972 in disposal holes designated "special holes" in the NDA.
In November of 1983, solvent was detected in the NDA area. Following the exhumation of certain tanks in 1986, monitoring results remained static until August, 1988, when
_._.a--..._.-.__.,_ _-_...,;--__- . - . , - - . _ - . _ . _ _ . _ . . _ , _ _ - . . . . . _ _ - - . , . _ _
34 again solvent was discovered in the NDA in a monitoring well downgradient from one of the disposal holes, h (ii) Description of Interin Measures During investigations in 1989, DOE discovered that 4 vator had ontored all of the disposal holes which contain solvent disposal tanks. The Parties detected lateral migration of the _
solvent, and radioactively contaminated groundwater beneath it.
Based upon this discovery and the results of prior efforts to address the solvens migration problem, interin maintenanco measures to provent potentia migration to nearby surface waters (Erdman Brook) were deemed necessary by DOE. DOE decided that the installation of an eight hundred and two foot interceptor trench between the boundary of the NDA and Erdman Brook to recover potentially contaminated groundwater was the preferred maintenance measure.
Trenching construction was initiated in January of 1990 and completed in December 1990. Non-contaminated liquid pumped from the trench is routed to temporary holding tanks and then routed to State Pollutant i
o
35 Discharge Elimination System (SPDES) permitted outf all 001 via the Low Level Waste Treatment racility (LLWTT). A "protreatment system" remove any solvent and radioactive Iodine-129, has been dusigned and is in final stages of construction. Upon the detection of contaminated groundwater in the trench, the liquido vill be processed through the protreatment system. The protreated liquids vill then be processed to remove low-level radioactive centsminants in the existing LLWTF, and then discharged to Erdman Brook via SPDES permitted outfall 001. As of July 1, 1991, approximately 355,000 gallons of
" trench water," consisting of snow melt and rainwater, collected during the trench construction , and non-contaminated groundwater have been transferred to the LLWTF and then discharged through outfall 001 to Erdman Brook.
(iii) Interim Measures Workplan.
Within ninety days of the effective date of this Order, an IM Workplan and schedule for the NDA trench project shall be submitted by DOE to the EPA and NYSDEC for approval, consistent with this Order and RCRA. The IM l
e
36 Workplan shall document specific proceduras to be implemented in carrying out the activities summarized in section (d) (ii),
above.
The IM Workplan and schedule shall include sufficient information to satisfy the following elements: 1) "IM" objectives; 2) a Health and Safety Plan; 3) a Community Relations Plan; 4) a Data Collection Quality Assurance Plan; 5) a Data Management Plan; 6)
Design Plans and Specifications; 7) an operation and Maintenance Plan; 8) a Project schedulel 9) "IM" Construction Quality Assurance Plan; and 10) Reporting Requirements.
Interin measures that were begun in January 1990 and which are currently proceeding, shall continue until otherwise directed by the EPA.
IM implementation should in no way interfere with the execution or scheduling of the RFI; however, adjust =ents to this schedule-nay be sought, if appropriate, pursuant to the modification provisions of this order.
(e) Interin Measures in the State Licensed Disposal Area (SDA):
. . _ _ . _ _ , _ . ~ . - . _ , . . . . _
37 (1) Description of Events Leading to Interin Measurest '
From 1963 to 1975- the SDA van operated by 4 Nuclear Puols Services, Inc. as a commercial lov level radioactive vaste disposal
, facility. Packaged vaste was placed in long trenches excavated in highly impermeable, silty till soil native to the site, and covered with four to eight foot of native soil. Due to the charactor of the soil and the vet climate, water management problems I
were experienced from the very early years of operation. Water accumulatt a in the open unccmpleted trenches and in covered completed trenches. Water continued to accumulate in several of the original trenches until March 1975 when it crested the original terrain and began to soep through the-cover of two trenches. Redesigning and reworking the covers has thus far reduced but not clininated the problem of water accumulation in the trenches. In its present condition, the SDA vill continue to require active '
maintenance.
In March 1903, responsibility for management of the SDA was transferred to NYSERDA. As
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.s--* n
m_________.____- - _ _ - _ _ _ _ _ _ . _ . _ _
I i
36 part of its maintenance of the SDA, NYSERDA j monitors the vator lovels within each of the (
inactivo disposal tronches. Tha accumulated
) vator must bo pumped out of the tronchon from l
tino to tino and troated, prior to dischargo.
, Accumulated vator was last treated and l
discharged from the SDA in 1981.
One of those trenches, Tronch $14, experienced large vator infiltration ratos duo to a previously undiscovered adjacent sand and gravel body. The sand and gravel body was removed and maintenanco efforts have greatly reduced the vator infiltration rates.
The vntor levels in Trench $14, liko those of other tronchos, continue to riso. Because i the level in Tronch $14 is naar its historically highest point, the vator in tho trench needs to be pumped out and treated as ,
socn as possible to minimize the possibility of an uncontrolled untreated roloaso.
(ii) Description of current and proposed Activities:
The purpose of this interim measure is to install a system to remove, process, and i dispose of vator from Trench #14 in the SDA.
l The system is being installod in two parts.
l l
l t
._4,- ,
..ry.,m.,ryg., -
- . - . . .,u,--,-7--. , --,..,,-rg ,...y -
- f 39 Initially, NYSERDA will be installing storago capacity sufficient to store 50,000 gallons I
of untreated water while the treatment system l is being designed and constructed. To dato,
+
NYSERDA has installed an 8,000 gallon vented l storage tank on a concreto pad within a [
weather protection building and, on March 7, 1991, pumped 7,462 gallons of vator from Tronch #14 into that tank. NYSERDA is in the process of installing two additional storage tanks with a capacity of 21,000 gallons each.
Water from Trench #14 vill be pumped into those tanks in the event that further reduction of the vator level in the Trench ;
becomes necessary prior to completion of the treatment system. When the treatability ,
study currently being conducted by NYSERDA is completod, a treatmont system will be designed and constructed to process approximately 60,000 gallons of water for disposal. Although the treatment process has not yet been datormined, it is anticipated that it will include a pro-filter for removal of particulates, followed by a biological, ovaporative or UV cataly:od oxidation treatment system for the doctruction of 1
y wr-,.,e - ,e ve p- s . ww-+ >.,<,e.r-- -- c.,n-r-.-e, er,,-m-,-..,,,v w--w~,,a-n----+,m.,-. <-,,,--e-m-e.--a-- ---.n.-,-+-~6
.P 40 hazardous organic constituents and BOD, ion 3 exchange columns for radionuclide removal and activated carbon columns for polishing. The h treated vasor will be stored in tanks and batch released to Erdman Brook via a EPusa
, permitted outfall.
(iii) Interim Monsures Workplant Within ninety days of the effcetive date of -
this Order, NYSERDA chall submit to the EPA for approval, an IM Workplan and schedulo consistent with thia Order and RCRA. The IM Workplan shall document specific proceduros to bo implemented in carrying out the activities sum =arized in section (o)(li),
above.
The IM Workplan and schedule shall include sufficient information to satisfy the following ele = eats: 1.) "IM" objectives; 2.)
a Health and safoty Plant 3.) a Community Relation Flans 4.) a Data Collection Quality Assurance Plan 5.) a Data Management Plan; 6.) Design Plans and Specifications; 7.) an Operation and Maintenance Plan; 6.) a Project Schedule; 9.) an "IM" Construction Quality Assurance Plant and 10.) Reporting
-Re quirements .
t
_ _ _ - _ - . . . . - - _ . _ _ _ - - - _ - _ . _ . - . . . _ - - - _ _ - . _ _ . - _ _ - . _ _ - - . = ,
_ _ _ - _ __ . _ . . . . . - , . . . ~ , _ . . . . _ _ _ _ - . - _ . - - _ _ _ _ . . _ _ _. . _ _ _ _ . _ ._ _
l 41 IH implenentation should in no way interfere i i
with the leplementation or scheduling of the RFI; however, Respondents may, if I appropriato, seek a modification of this
^
schedule pursuant to the modification l provisions of thic ordar.
l (f) Interim Hessures Related to detection of 1,1,1-Trichloroethane in Groundwater Desp. i (i) 1,1,1-Trichloroethane Detection.
Measurable levels of 1,1,1-trichloroethane equal to or less than five micrograms per liter to forty-one micrograms per liter were detected by DOE in or about June, 1990, in sampics collected from sample point "RNGSEEP," located outside the WVDP Project Promises security fence. ,
(ii) Subsequent Investigations.
Further investigations will include:
o Continuation of non-routine groundwater monitoring in the area; a Collection of additional samples in the j immediate area of WilGSEEP, to determine the lateral extent of contamination; and, I
--- , , a r
L 42 '
o continued development of contour naph for use in identifying potential sourcos of 1,1,1-trichloroethano.
/_ A full investigation report will be provided by DOE to EPA and NYSDEC no lator than ninety days following the offective dato of this Order. The report will include proceduros employed to ensure data quality, all relevant analytical data, portinent hydrogeological information, maps depicting samplo locations and topography of tho area, and other information relative to asseesing health risks associated with the rnleaso.
If the source of the contamination is determined by EPA to be insido the WVDP portion of the facility, as defined in section IV, subsection 9(b), and as t illustrated in the map at Attachmont 3A as the area shaded with yollow cross-hatching, DOE shall conduct interim measures relating ,
to 1,1,1-Trichlorothano. If the source of the contamination is datormined by EPA to be within any other portion of the facility, as that t> la dhfined in section IV, subs 4 alon 9(a), and as illustrated in the map at Attachments 3A and B as the area
43 shaded with green dots and dashes, NYSERDA shall conduct such interin measures. If EPA is unable to deter =ine the source of the contamination, DOE shall conduct those interim ceasures necessary to be taken inside the WVLP portior of the f acility, and NYSERDA shall conduct those interim measures I
necessary to be taken within any other portion of the facility until EPA is able to determine the source of the contamination.
(This allocation is for the purpose of imple=enting this Order only and does not affect the resolution of related issues between DOE and NYSERDA. Both parties
+
reserve their rights against each other as indicated in sectica XV of this Order.)
EPA's determinations, as described aboea, are _
subject to Dispute Resolution under section XIX of this Order.
(iii) Interim Measures Workplan:
After review cf the investigative report, if the F.PA determines that interin measures are required, an IM Workplan consistent with this Order and RCRA, shall be submitted to the EPA for npproval within 180 days of Respondent's receipt of EP/,'s written determination. (The 4
l m
/
. . . __ ..__.._____m . .- _ . - . . . . _ . _ . ._ _.. _. ._ _ _
44 IM Workplan shall be submitted by the party conducting the IM relating to 2.,1,1-Trichlorouthane.) The IM Workplan and schedule shall include sufficient information to satisfy the following elements: 1) ' tM a objectives; 2.) a Health and Safoty cl u; 3.)
a Conmunity relations Plan; 4.) a Data collection Quality Assurance Plan; 5.) a Data Management Plan; 6.) Design Plans and Specifications; 7.) an Operation and Maintenance Plan; 8.) a Project Schedule; 9.)
"IM" Construction Quality Assurance Plan; and .
10.) Reporting Requirements.
Upon receipt of Written approval from EPA, the IM Workplan and schedule shall be implemented in accordance with the requirements and schedules contained therein.
IM implementation should in no way interfere with the execution or scheduling of the RFI; however, an adjustment to this schedule, if appropriate, pursuant to the modification provisions of this order may.be sought. .
g) Un'spected Threats. -
(i) In the event Respondents become aware of y existing information or identify new or additional information concerning an f
I i
45 1 unexpect.ed threat or potential threat to human health or the environment at or near the facility, Respondents shall ,
notify EPA and NY5DEC as described in section X, below. Within thirty (30) calendar days of notifying EPA and NYSDEC, Respondents shall submit to EPA few approval an IM Workplan that identifies the proposed IM which will be taken to prevent or. mitigate this threat or potential threat to human health and/or the environment which are consistent with, and can be integrated into, any long term remediation at the Facility.
(ii) The IM Workplan chall be developed in a manner consistent with this Order and the Act. The IM Workplan shall document the procecures to be implemented by the Respondents.
(iii) The IM Workplan shall include: 1) "IM" objectives; 2) a Health and Safety Plan; ,
- 3) a Con = unity Relations Plan; 4) a Data Collection Quality Assurance Plan; 5) a p ,
Data Management Plan; 6) Design Plans and Specification; 7) an Operaticn and
46 Maintenance Plant 8) a Project Schedulo;
- 9) an "IM" Construction Quality Assurance Plan; and 10) Reporting Requirements.
(iv) Upon roccipt of written approval from E' \ , Respondents shall implement the IM Workplan in accordance with the requirements and schedules contained therein. IM implementation should in no way interfere with the implementation or scheduling of the RFI however, Respondents may, if appropriate, seek a modification of this scheduling pursuant to the modification provisions of this Order.
(v) Environmental emergency situations may arise-which require the Respondents to immediately implement necessary actions to mitigate any such emergencies. All emergencies and any situations arising from such emergencies must be dealt with pursuant to Section VIII of this Order. ,
- 8. Coordination of Activities _1 a) DOE and NYSERDA will jointly conduct the RFI y and CMS required under this Order. DOE and i
. -. - . . . . . ~. . .- -.. _ ._. .- ..
47 NYSERDA intend to complete these ertivities as part of the joint EIS process.
b) DOE will conduct interim measures that are required under this Order with respect to sources,of contamination en the RVDP portion of the facility, as defined in section IV, subsection 9(b), and as illustrated in the map at Attach =ent 3. NYSERDA will conduct interin neasures that are required under this Order with respect to sources of contamination on any other portien of the Facility, as that term is defined in section IV, subsection 9(a), and as illustrated in the map at Attachment 3.
c) The allocation set forth in subparagraph (b), -
above, is for the purpose of implementing this Order only and does not affect the resolution of related issues, including financial issues, between DOE and NYSERDA.
Both parties reserve their rights against each other as indicated in section XV of this Order.
- 9. Schedules:
a) The approved RFI Workplan shall be initiated f within one hundred and twenty (120) days of the date this Order is executed by EPA, or in
, .. . - . _.--. .-_.-- . . . ~ . - _ - - _ _ . _ - . -~-
f 48 .
accordance with the schedule approved by EPA, if a longer timeframe is justified.
b) If the Recpondents determine that any investigations required under this Order cannot be completed within the specified period, a request for an extension period, not to exceed three hundred and sixty five (365) days, must be submitted, in writing, to EPA for approval. This request shall be submitted no later than ninety (90) days prior to the originally scheduled completion date and must be accompanied by a Project Progress Summary Report which details all of the investigative work completed to date, the work which still must be accomplished, the factors which have prevented adherence to the specified schedules, and the duration of the specific extension period requested. EPA will notify the Respondents whether the request has been approved, disapproved, or requires modification.
VII. Additional Work ,
EPA may determine that work, in addition to that detailed in this Order and Attachments-I and II but excluding corrective y measures implementation (CMI), is necessary to protect human
, health and/or the environment. If EPA determines that any such
49 additional work is necessary, it shall notify the Respondent in writing __specifying the basis and reason for EPA's determination and the additional work deemed necessary. Within fifteen (15) days after receipt of any such notice, the Respondent shall be afforded an opportunity to meet with EPA and NYSDEC to discuss the additional work required by EPA. If Respondent disagrees with EPA's deternination that additional work is required, it may invoke the dispute resolution procedures as set forth in this Order. Following the conclusion of the dispute resolution t
procedures set forth in this Order, Respondent shall perform-such additional work, if any, including the submission of a workplan, in accordance with the standards, specifications, and schedules deemed necessary and approved by EPA subject to the determinations made in the dispute resolution process. All approved additional work performed by the Respondent pursuant to this paragraph shall be perfor=ed subject to, and in a manner consistent with, the terms and conditions of this order. Any requirements for additional work shall be incorporated into this order as if fully set forth herein.
VIII. FMERGENCY PROVISION
- 1. In the event Responcents identify a current or
-immediate threat to human health or the environment, the NYSERDA or DOE shall ic=ediately notify EPA and NYSDEC orally and shall notify EPA and NYSDEC in writing within fourteen (14) days of such identification, summarizing the inmediacy and magnitude of the potential threats to human health or the environment.
, er- . . , w , , , . - - ---.- - -- , , - - , , -
-m. - ,y.r
50 Respondents shall submit to EPA and NYSDEC as soon as possible a plan which mitigates this threat. EPA vill approve or modify this plan, and Respondents shall implement this plan as aporoved or modified by EPA.
- 2. If EPA determines that immediate action is required, then the Director of the Air and Waste Management Division, Region II, may orally authorize Respondents to act prior to making the required written submission to EPA.
- 3. If EPA determines that activities in compliance or non-compliance with this Order have caused or may cause a release of a hazardous waste, hazardous constituent, pollutant or contaminant or may pose a threat to human health or the environment, EPA may order DOE and NYSERDA to stop further implementation of this Order for such period of time as may be needed to abate any such release er threat and/or to undertake any action which EPA determines is necessary to abate such release or threat. _
IX. MINIMUM OUALIFICATICMS FQR PERSONNEL All work performed by Respondents pursuant to this Order shall be under the direction and supervision of an individual (s) who has demonstrated experience and expertise in hazardous vaste investigations and remediations. Before any work is perfor:sd, Respondents shall notify EPA in writing giving the name, title and qualifications of the supervisory personnel and contractors or subcontractors and their key personnel to be used in carrying out the terns f this Order. In addition, Respondents shall
. _ _ . _ __ _ _ ..- _ __ _. _ _ . _ -_. _ _ _ . _ _ - _ _ ._._._._m 51 ensure that when necessary, it shall use licensed individuals for performing any work required by this Order. Nothing herein shall be interpreted to affect or supersede Respondents' authority over their personnel or contracting actions.
X. Proiect Coordinator /Information .
- 1. On or before the effective dato of this Order, EPA and NYSDEC and.each Respondent shall designate a Project Coordinator
("PC") and the name of at least one alternate who may function in the absence of the designated PC. The PCs shall be responsible for overseeing the implementation of this Order. The EPA PC, or his designee, will be EPA's designated representative at the Facility. The NYSDEC PC, or his designee, will be the NYSDEC's designated representative at the facility.
- 2. All communications between Respondent and the Agencies (EPA and NYSDEC), and all documents, reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions cf this order, shall be directed to and through the respective PCs. Unless otherwise specified, reports, correspondence, approvals, disapprovals, not. ices , or other submissions relating to or required under this order shall be in writing and originals or copies shall be sent to:
1 copy: Chief ,
Hazardous Waste Compliance Branch U.S. EPA 26 Federal Plaza - Rs. 1009 New York, N.Y. 10278 l copy: Project Coordinator Hazardous Waste Compliance Branch U.S. EPA 26 Federal Plaza - Rm. 1000
52 New York, N.Y. 10278 1 copy: Permits Administration Branch U.S. EPA 26 Federal Plaza - Room-505 New York, N.Y. 10278 1 copy: Chief Hazardous Waste Facilities Branch U.S. EPA 26 Federal Plaza - Rm. 1043 New York, N.Y. 10278 2 copies: Director Bureau of Hazardous Waste Facility Permitting Division of Hazardous Substances Regulation New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233-4016 1 copy: Regional Director New York State Department of Environmental Conservation - Regional 9 600 Delaware Avenue Buffalo, NY 14202
- 3. Each party shall provide at least five (5) days written notice prior to changing the PC(r) and shall immediately provide written notification once a new PC is selected.
XI. Ouality Assurance /Ouality Control
- 1. All sampling, monitoring, analytical, and chain-of-custody plans shall be developed in accordance with the standard and recommended procedures contained in SW-846 - " Test Mathods o
for the Chemical and Physical Analysis of Solid Waste", third edition, as amended, and the EPA Region II Quality Assurance Y
Manual. Any deviations from these two documents must be accompanied by an appropriate justification and a demonstration i
l
53 of the effectiveness and applicability of the proposed alternative. EPA and NYSDEC must approve the use of such alternatives prior to such use.
- 2. Respondents shall inform the EPA Project Coordinator in advance which laboratories will be used by Respondent and ensure that EPA personnel and EPA authorized representatives have access to the laboratories and personnel performing any analyses. In the event that EPA or its representatives cannot satisfactorily obtain access to the laboratories for any reason for the purposes of auditing protocols and technical proficiency, then EPA shall so inform the Respondents and the Respondents shall, as soon as practicable thereafter, substitute another certified laboratory which provides access in a manner deemed satisfactory to EPA.
- 3. Respondents shall consult with EPA in planning for field sampling and laboratory analysis, including a description of the chain of custody procedures to be followed.
XII. EPA Acerovals
- 1. Unless otherwise specified, EPA shall review any plan, report, specification or schedule submitted pursuant to, or required by this order, and provide its written approval / disapproval, comments and/or modifications to the Respondents. Within fifteen (15) days of Respondents' receipt of EPA's approval / disapproval, comments and/or modifications, Respondents may request a meeting with EPA and NYSDEC to discuss the approval / disapproval, comments and/or modifications. Within thirty (30) days of such meeting, or if no meeting is requested,
54 within forty-five (45) days of receipt of EPA's approval / disapproval, comments and/or modifications, Respondents shall either: (1) notify EPA of its intention to amend or modify the submission to incorporate all EPA comments and proposed modifications necessary to meet the purposes of this Order and submit the amended submission to EPA and NYSDEC within thirty (30) days thereafter or according to a mutually agreed schedule; or (2) provide EPA and NYSDEC with a written notice of dispute, setting forth Respondents' position, any actions which Respondents considers necessary to resolve the dispute, and the basis for Respondents' position. Any such written notice of-dispute shall be subject to the dispute resolution procedures as set forth in Section XIX of this Order.
- 2. Any reports, plans, specifications or schedules, submitted pursuant to, or required by this Order, are hereby incorporated by reference into this Order on the date EPA's written approval is received by Respondents or the dispute resolution proceeding concerning such submittal, if any, has been concluded with notice to Respondents. Prior to this approval determination or dispute resolution determination, no_ plan, report,-specification or schedule shall be construed as a final approved plan. Oral advice, suggestions, or comments given by
- EPA and NYSDEC representatives shall not constitute an official approval, nor shall any cral approval e oral assurance of p approval be considered binding.
55
- 3. Any noncompliance with an approved EPA document or determination under the dispute resolution provision of this Order constitutes noncompliance with this order.
XIII. ACCESS
- 1. Until this Order is terminated pursuant to Section XXI, EPA and NYSDEC representatives, authori:od designees, employees, ,
agents, contractors, subcontractors, and consultants are hereby authorized to enter and move about the Facility pursuant to Section 3007 of RCRA. Any person entering Respondents' Facility pursuant to this subparagraph shall fully comply with all health and safety plans referenced in this Order. In the event that entry onto the facility is necessary before completion of all required health and safety plans, entrants shall make the.- best efforts to comply with all applicable OSHA and DOE rules and regulations including applicable WVDP radiological safcty and security procedures (WVDP-010, " Radiological Controls Manual,"
Rev. 4, dated October 24, 1990, and WV-544, " Visitor Control,"
Rev. 8, dated October 19, 1990).
- 2. To the extent that work required by this order must be performed on property not owned or controlled by the Respondents, the Respondents shall use their best efforts to obtain " Site Access Agreements" to perform such work within thirty (30) days i I
of the date Respondents become aware of the need to perform such work. Any such access agreement shall provide for reasonable access by EPA and NYSDEC representatives. A copy of such
, agreement shall be submitted to the EPA and NYSDEC Project
56 Coordinators. In the event that Site Access Agreements are not obtained within the thirty (30) day period, the Respondents shall notify epa and NYSDEC in writing documenting their best efforts to obtain such agreements. Best efforts as used in this paragraph shall include, but is not limited to:
a) a certified letter from the Respondents to the present owner of such property requesting permission to allow the ReFpondents, epa and NYSDEC and any of their authorized representative (s) access to such property; and, b) the property owner's response, if any.
- 3. Nothing in this section shall be construed to limit or otherwise affect epa's or NYSDEC's right of access and entry pursuant to any applicable laws and regulations, including, but not necessarily limited to, the Comprehensive Environmental Response Compensation and Liability Act of 1980 (" CERCLA"), as amended by 42 U.S.C. 59601 et, sec., and provisions of the Environmental Conservation Laws of New York.
- 4. Nothing in this section shall be construed to limit or otherwise affect the Respondents' liability, if any, with respect- $
to off-site contamination from the Facility, notwithstanding the e
lack of access.
XIV. RECORD PPESERVATION ,
Y
- 1. Each Respondent shall preserve, throughout the duration -
of this order and for a minimum of six (6) years after its 1
57 termination, all data, records and documents in its possession or in the possession of any officer, director, employee, agent, consultant, contractor (including independent and subcontractors), successor, or assign which relates in any way to this Order, to its i=plementation or to the past and/or current hazardous vaste management practice (s) at the Facility. Six (6)
-years after.the termination of this Order, Respondents shall make such records available to both EPA and NYSDEC and shall provide originals or copies of any documents that either EPA or NYSDEC requests. In addition, written notification shall be provided to EPA and to NYSDEC, sixty (60) days before the-destruction of any such documents. Such written notification shall reference the effectivo date, caption and docket number of this Order and shall be addressed to:
Director Air & Waste Management Division U.S. Environmental Protection Agency 26 Federal Plaza, New York, New York 10278 Director Bureau of Hazardous Waste Facility Permitting Division of Hazardous Substances 4 Regulation New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233-4016
- 2. Each Respondent shall preserve all documents pertaining to this Order which are in its possession, or in the possession of the persons and entities referenced in paragraph one, above,
58 in a centralized location to afford ease of access by EPA, NYSDEC or its representatives.
XV. RESERVATION OF RIGHTS
- 1. EPA and NYSDEC expressly reserve, subject only to paragraph 13 of this section, all of their statutory and regulatory powers, authorities, rights, remedies and defenses, both legal and equitable,' including, without limitation the right to seek injunctive relief, cost recovery, monetary penalties or punitive damages.
- 2. This Order and Respondents' consent to its issuance shall not limit or otherwise preclude EPA and NYSDEC from taking any additional legal action against Respondents should EPA and NYSDEC determine that any such additional legal action is ,
necessary or warranted.
- 3. This Order shall not relieve Respondents of their obligation to obtain and comply with any federal, state, county or local permit nor is this Order intended to be, nor shall it l'e construed to be, a ruling or determination on, or of, any issue related to any federal, state, county or local' permit.
- 4. EPA and NYSDEC reserve the right to perform any and all work required by this Order including, but not limited to, any additional site characterization, feasibility study, and/or response or corrective action deemed necessary to protect human health or the environment. f
- 5. Notwithstanding compliance-with the terms of this Order, Respondents are not released from liability for the costs
59 of any response actions taken by EPA. EPA and NYSDEC reserve any rights they may have to seek reimbursement from the Respondents for any such costs incurred by the EPA and/or NYSDEC.
- 6. By entering into this Order, neither DOE nor NYSERDA waives any claim of immunity from payment of fines or penalties, nor does either waive any claim of jurisdiction over matters reserved to DOE under the Atomic Energy Act ("AEA").
- 7. Respondents do not waive any defenses Respondents may have or wish to pursue in any action beyond the scope of this Order.
- 8. Nothing in this Order and no determination made or action taken (including any failure to act) pursuant to the Order, including, without limitation, any determinatier, or resolution resulting from Dispute Resolution under Section XIX, shall constitute an admission or evidence of an admission by ,
Respondents or otherwise constitute an adjudication of any fact or conclusion of law, except in an action er proceeding by EPA to enforce the terms of this Order, nor shall anything in this Order
-release, waive, or otherwise affect or diminish any right, defense, authority, responsibility, immunity or claim for relief
- which NYSERDA or DOE may have against the other (or any person or entity not a party to this Order) under applicable provisions of 1aw or contract, including, witnout limitation, NYSERDA and DOE's respective rights, authorities and responsibilities under the I WVDP Act or the Cooperative Agreement.
60
- 9. The Parties acknowledge the existence of the DOE's Management and Operating contract, and the Cooperative Agreement between DOE and NYSERDA.
- 10. In the event that one of the Respondents is alleged to be out of compliance with the Interim Measures provisions of this order, the noncompliance of that Party shall not affect the compliance status of the other Respondent.
- 11. DOE and NYSERDA rese;ve the right to seek judicial review of disputes between them concerning their respective authority and responsibility arising from or related to the WVDP Act or the Cooperative-Agreement (including disputes concerning tne SDA and the NDA). Nothing in this Subsection will diminish the responsibility of DOE or NYSERDA to proceed with studies, investigations, or interim =casures, or to implement the final resolution of any dispute as provided in Section XIX, " Dispute Resolution," in a timely manner as set forth in this Order.
- 12. . Nothing in this section shall diminish, impair, or otherwisu adversely affect the authority of EPA or DEC to enforce the provisions of this order.
13, Based on the facts and circur. stances kncwn to EPA and NYSDEC as of the effective date of this Order, and as set forth in this-Order, EPA and NYSDEC hereby agree not to initiate any further administrative enforcement action (or to refer a civil judicial enforcement action to the Department of Justice or the State Attorney General), to compe? the performance of the corrective action specifically required hereunder for so long as
61 this Order remains effective and for so long as DOE and NYSERDA are in compliance with the require =ents of this Order.
However, in the event that DOE is delayed in fulfilling its obligations as set forth in this order as a result of insufficient availability of funding, and the Parties are unable to agree to an extension of schedules as provided for in section XXIII, the covenant set forth above shall terminate.
- 14. Nothing herein shall preclude any actions by EPA or NYSDEC to enforce the ter=s of this Order, or to address or bring any available legal or eTaitable claim for: (1) any pre-existing, current or future violations or conditions at the facility not specifically covered by this order; (2) any emergency conditions or 1:=inent ha::ard which may exist or arise at the facility; (3) any corrective action pursuant to the Act, not specifically covared by this order; or (4) any response action pursuant to CIRCIA, as amended.
e h
62
- 15. Subject to the provisions in XXII of this Order, the Parties recognize that EPA and/or NYSDEC may issue a hazardous waste management permit under the Act or state law to the owner or operator of the Facility which includes corrective action requirements. EPA and CEC reserve the right to enforce the requirements of such permits, including corrective action. EPA and NYSDEC will not take any administrative action (or make any referral f.r judicial enforcement action to the Department of Justice or the State Attorney General) for a violation of such permits until EPA or NYSDEC (whichever agency has issued the permit) has afforded DOE and NYSERDA the opportunity to present their position to the permit issuing agency.
- 16. Although this Order is issued under the Act (RCRA), DOE and NYSERDA reserve any right each may have to exercise any other available authority as provided by law (including CERCLA, as amended) to implement the provision of this Order.
- 17. Except as otherwise provided in Section XXX, " Consent,"
in the event of any judicial action by EPA or DEC, all Parties reserve all rights, claims, and defenses, available under law.
- 18. Except as otherwise specifically provided herein, all Parties reserve all other rights they may have under law with respect to any person.
XVI. NON-RELEASE OF OTHER CLAIMS AND PARTIES
- 1. Nothing in this Order shall constitute, or be construed f
to constitute, a release from any c] 2im, cause of action or demand in law or equity against any person, firm, partnership or l
L l
63 corporation, not a signatory to this Order, for any liability it may have arising out of, or relating in any way to, the generation, storage, treatment, handling, transportation, release or disposal of any !.azardous constituent, hazardous substance, vaste, pollutant or contaminant found at, taken to, taken from or e=anating from the Facility.
Subject to the provisions of Section XXII of this 2.
Order, EPA or NYSDEC may issue one or more hazardous waste management permits under RCRA or pursuant to the provisions of the Environmental Conservation Law Article 27, Title 9 which may include corrective action requirements for one or more of the sa=e SWMUs covered by this Order.
XVII. PUBLTC PARTICIPATIOl{
- 1. EPA vill coordinate with NYSDEC, DOE and NYSERDA, as appropriato, in making the RCRA Facility Investigation Final Report, Final Corrective Measures Study, and any EPA summaries of .
these reports, available for public review and ccament.
XVIII. OTHER APPLICABLE LAWS All actions undertaken pursuant to this Order by Respondents shall be done in accordance with all applicable local, state and federal laws, regulations, ordinances and Executive Orders, o
Respondents retain the obligation and agree to obtain all permits or approvals necessary to perform the work required by this Order.
- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ - - _ - _ _ _ _ _ _ _ _ - _ _ _ - - _ _ _ - _ _ _ _ _ - _ - _ _ _ _ _ _ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ - _ _ _ _ - _ . _A
.. __.m- . _ . . - . - . . . _ _ _ . _ . - - - -._ __ . . __ . - _
64 FIX. DISPUTE PISOLUTION c.
All Parties to this Order shall make reasonable efforts to infor= ally resolve all disputes arising under any part c ! this Order at the Project Coordinator or it=ediate supervisor level.
If resolution cannot be achieved informally, the procedures of this section shall be i=plemented to resolve a dispute.
- 1. Within forty-five (45) days of the EPA or NYSDEC action that-leads to or generates a dispute, the disputing Party shall submit to the other Parties a written state =ent of dispute setting forth the nature of the dispute, the work affected by the dispute, the disputing Party's position with respect to the dispute and the infor ation the disputing Party is relying upon to support its position. If the disputing Ferty does not provide such written statement within this forty-free (45) dor period, that Party shall bu dee=ed to be in agrc4=en?. with RTA.
- 2. Prior to NYSERCA or DOE's issuunca et a written state =ent of dispute, the disputing PrJty Jhal? engage the other Parties in infor=al dispute resc1Lti'1 huong the Project Coordinators and/or their it=adiate srparvisors. During this thirty (30) day infor=al dispute resolution period the Parties shall =eet as many ti=es as are necessary to discuss and atte=pt resolution of the dispute.
- 3. If agree =ent cannot be reached on the issue within the '
thirty (30) day infennal dispute resolution period, the disputing '
Party =ay, within t fifteen (15) day period following the end of I the thirty (3L) day infor=al dispute resolution period, forward
65 the written statement of dispute to the Dispute Resoluw..-
Committee (DRC) thereby elevating the dispute to the DRC for resolution. Alternatively, the Parties may, within the forty-five (45) day period noted above, unanimously decide to escalate the dispute directly to the Senior Executive Committee (SEC).
- 4. Any party may decide at any level of the disputes process, by written notice to the participating parties, not to participate in dispute resolution concerning any one or more issues. However, any resolution reached by the participating parties shall be binding on all parties om this Order.
S. The DRC vill serve as a foru: for resolution of disputes for which agreement has not been reached through infor=al dispute resolution. The Parties shall each designate one individual and an alternate to serve on the DRC. The individuals designated to serve on the DRC shall be employed at the policy level (SES or equivalent) or be delegated the Luthority to participate on the DRC for the purpose of dispute ,
resolution under this order. The EPA's representative is the Air n
and Waste Management Division Director, Region II. The NYSDEC's representative is the Director of the Division of Hazardous Substances Regulation. DOE's representative is the West Valley Project Office Manager. NYSERDA's representative is the Program Director, Radioactive Waste Management. Written notice of any a delegation of authority for a Party's designated representative en the DRC shall be provided to all other Parties. p
. . . - . . _ - . - . . . . . . . .~ . , . - - - - - . . - - . - .
66
- 6. Following the receipt of all statements of dispute or:
the expiration of the escalation time periods noted above, the DRC shall have twenty-one (21) days to unanimously resolve the dispute and issue a written decision. If the DRC is unable to unanimously resolve the dispute within this twenty-one (21) day period the written statement of dispute shull be forwarded by the disputing party to the SEC for resolution. Alternatively, within the twenty-one (21) day period noted above, the parties may <
unani=ously decide to escalate disputes involving nationally significant issues directly to the Administrator of EPA.
- 7. The SEC will normally serve as the forum for resolution of disputes-for which agreement has not been reached by the DRC.
The EPA representative is the Regional Administrator of Region II. The NYSDEC's representative is the Commissioner. The DOE's representative is the Idaho Field Office Manager. NYSERDA's representative on the SEC is the President of NYSERDA. Written notice of any delegation of authority for a Party's designated f
representative on the DRC shall be provided to all other Parties.
The SEC members shall, as appropriate, confer, meet and exert their best efforts to resolve the dispute and issue a written decision. If unanimous resolution of the dispute is.not reached within twenty-one (21) days, EPA's Regional Administrator shall issue a writter. position on the dispute. The DOE or NYSERDA may, within twenty-one (21) days of the Regional Administrator's /
issuance of EPA's position, issue a written notice elevating the dispute to the Administrator of EPA for resolution in accordance
67 with applicable laws and procedures. In the event that DOE or NYSERDA elects not to elevate che dispute to the Administrator within the designateu twenty-one (21) day escalation period, the DOE or NYSERDA shall be deemed to have agreed with the Pegional Administrator's written position with respect to the dispute.
- 8. Upon escalation of a dispute to the Administrator of EPA pursuant to subpart 7, above, the Administrator will review and resolve the dispute as expeditiously as possible. Upon request by the Commissioner of the NYLLEC, the Secretary of the DOE, or the President of NYSERDA, and prior to resolving the dispute, the EPA Administrator shall meet and confer with such person (s), as appropriate, to discuss the issue (s) under dispute.
Upon resolution, the Administrator shall provide the DOE or NYSERDA with a written final decision actting forth resolution of the dispute.
- 9. The pendency of any dispute under this section shall not affect the DOE's or NYSERDA's responsibility for timely performance of the work required by this Order, except that the time period for completion of work affected by such dispute shall be extended for -a period of time usually not to exceed the actual time taken to resolve any good faith dispute in accordance with a
the procedures specified herein. All elements of the work ,
r required by this Order which are not affected by the dispute shall continue and be completed in-accordance with the applicable schedule. If EPA or NY5DEC determines, pursuant to applicable law and guidance, that an actual or potential emergency exists f
l 68 and directs Respondent to take appropriate action (in accordance with sections VI, VII, and VIII), timely performance of such action shall not be delayed by the dispute resolution procedures and such direction is subject to the result of these procedures.
- 10. When dispute resolution is in progress, work affected by the dispute vill immediately be discontinued if the Air and Waste Management Division Director for EPA's Region II requests, in writing,,that work related to the dispute be stopped because, in EPA's opinion, such work is inadequate or defective, and such inadequacy or defect is likely to yield an adverse effect on human health or the envirennent, or may have a substantial adverse effect on the recedy selection or implementation process.
To the extent possible, EPA shall give DOE or NYSERDA prior notification that a work steppage request is forthec=ing. After steppage of work, if the DOE or NYSERDA believes that the work stoppage is inappropriate or =ay have potential significant adverse impacts, DOE or NYSERDA nay =eet with the EPA Division Director to discuss the work stoppage. Following this teeting, and further consideration of the issues, the Division Director vill issue, in writing, a final decisien with respect to the work steppage. The final written decision the Division Director may i==ediately be subjected to for=al dispute resolution. Such dispute may be brought directly to tha cither the ERC or the SEC ,
at the discretion of DOE cr NYSERDA.
- 11. Within twenty-one (21) days of resolution of a dispute pursuant to the procedures specified in this Section, DOE and
69 NYSERDA, as appropriate, shall incorporate the recolution and final determination into the appropriate plan, schedule or procedures and proceed to implement this order accord;ng to the amended plan, schedule or procedures.
- 12. Resolution of a dispute pursuart to this section of the order constitutes a final resolution of that dispute arising under this Order. DOE or NYSERDA snall abide by all terms and conditions of any final resolution of dispute obtained pursuant to this section of this Order.
- 13. Disputes between NYSERDA and DOE concerning their respective authority and responsibilities arising from or related to the WVDP Act or the Cooperative Agreement or any cost share arrangement, shall not affect the timely completion of any work pursuant to this Order. DOE or NYSERDA may request an extension of time to resolve such disputes. Notwithstanding any-other prevision of this Order, neither such disputes between DOE or NYSERDA, nor any EPA decision with regard to such request for extension of time, shall be subject to Dispute Resolution.
14.- The procedures of this section shall also not apply to ,
disputes about: (a) EPA's and/or NYSDEC's designation of project coordinators; (b) EPA's and/or NYSDEC's access to the facility (such access to be subject to section XIII, paragraph 1, and section XV, paragraph 6) ; and/or (c) EPA and/or NYSDEC enforcement actions (such enforcement actions to be subject to I section XV, paragraph 13, and only afte-r notice to EPA's Office of Enforcement).
70 XX. Availability _of Inforpation/Notificat_ita
- 1. To the maximum extent possible, Respondents shall give the EPA and NYSDEC Project Coordinators twenty (20) days advance oral notice of the following activities undertaken pursuant to this order: all well monitoring activities, drilling, well installation and testing; as well as all on-site and off-site field activities, such as installation or removal of equipment or sampling events, geophysical studies, and soil gas monitoring.
At the request of EPA and/or NYSDEC, Respondents shall provide or allow EPA, NYSDEC, and/or their authorized representatives to take split samples of any or all samples collected by the Respondents pursuant to this Order. EPA will, to the extent porrible, give Respondents notice of EPA's intentions to take samples and/or allow Respondents to take split or duplicate samples of all samples collected by EPA or NYSDEC under this Order. .
- 2. All data, information, and other nonprivileged records concerning, created for or maintained by the Respondents pursuant to this Order, except attorney-client privilege or work product privileged material, shall be made available to EPA and/or NYSDEC upon request. All employees of the Respondents and all persons, o
including contractors and subcontractors who engage in activities t
under this Order, shall be made reasonably available to and .
I cooperate with EPA and/or NYSDEC if information, whether written >
or oral, is sought.
i 71
- 3. All final reports, plans, studies, records, or other documents submitted or otherwise in the possonnion of EPA or NYSDEC ander the toren of .is Order by DOE or NYSDEC shall be made available to the public pursuant to the Freedom of Information Act, 5 U.S.C., 55P, 21 AE25, or the Now York ntato Froeden of Information Lev, Public Officers Law Articlo 6, except (a) those identified by DOE which are classified pursuant to '
1 Ixecutive Order or statute, or unclassified controlled nuclear jnformation within the meaning and in conformance with section 148 of the Atomic Energy Act (AEA); (b) those that aro ,
appropriately withheld pursuant to the Freedom of Information Act or Freedom of Information Law; and, (c) those entitled to a businosa confidentiality claim covering all or part of any
' infermation submitted to EPA. Any assertion of confidentiality shall be acccmpanied by a response to the questions listed at 40 C.F.R. 5 ? 104(e)(4). Internation datormined to be confidential by EPA sh be disclosed only to the extent permitted by 40 C.F.R. Part 2. Respondents agree not to assert any confidentiality claim with regard to any physical or analytical data that has been validated or othorvise evaluated using applicable quality assessment / quality control (QA/Qc) methods.
Nothing in this paragraph shall preclude the use of such ,
information, records, or other documents in administrativo :
proccodings, h i
l l
.~ ._ . , . . . _ _ . . _ , _ - _ , ~ . _ - _ . . _ , , . - . . , . ,_ ._ ,, _ _ _ _ _ . _ . - . _ --.
l 1
I i
72 i
4(a) Upon request by EPA or NYSDEC, the DOE or NYSERDA shall i make available to EPA and/or NYSDEC for inspection and review at ,
- the facility, copios of non-gaality assured data or results, nonprivileged records, and other documents, including campling l
. i and monitor!.ng data, which havo been received by DOE or NYSERDA, ;
that EPA determinos are necessary for oversight activities. Such
{
data or results shall not be duplicated or removed from the facility unless EPA determines that an imminent and substantial t
hazard exists or may exist. If such records and documents aro j duplicated or removed from the facility by EPA or NYSDEC, DOE ,
t
~
reservos its right to assert a claim of confidentiality with respect to such records or documents. Where EPA or NYSDEC duplicates or removes non-quality assured dota, Respondent (s) shall attempt to ce=ploto quality assurance within sixty (60) ;
days following t:a receipt of such data by the DOE or NYSERDA.
i The sixty day period provided for completing quality assurance is for the purposes of this section only. 1 b) To the extent the non-quality assured data are made available to, or are reviewed by, EPA or NYSDEC, such data:
(i) shall not form the basis for agency action unless J
EPA determinos that an imminent and substantial hazard exists or ,
may exist; and, (ii) shall be held in confidenco and shall not be I
discloced further unless EPA or NYSDEC rocalves a request for such data under FOIA or FOIL, or unless disclosure is otherwise ,
mandated by law. Upon receipt of such request, and prior to any i
ev yse t=,,,--.--,.--. ,.vy-.4.- m-,,,,,,,_w.r.,,w,.pm..% .,y,-.,,ww,,,_,t._,,,m,%%,,,,,m, .,.,,.g,,,.,y .,.,,,,.p , , , , , , , , ,g , , , , , , , , , _ , ,,,,g., , , , , ,
1 73 4
l nandatory disclosure under this paragraph, EPA or NYSDEC shall endeavor to consult and coordinate with DOE or NYSERDA, including possibly transfering to DOE responsibility for responding to a I
request for such data, as provided in 40 C.F.R. $ 2.111(d)(2). ;
.. XXI. Terrination and Satisfagtign
- 1. The provisions of this Order shall be doecod satisfied i and the obligations of the Respondents under this order shall torcinato upon Respondents' rocoipt of a written statement from EPA stating that Respondents have completed, to EPA's satisfaction, all the ter:s and conditions of this order, :
1 including any additional work which EPA nay datormine to do {
necessary pursuant to this order. So long as the Respondents ire i
performing work pursuant to, or required by this order, this
, order shall not be deemed terminated or satisfied.
- 2. Following the issuance of a final RCRA Part B permit, or upon the satisf actory cc=pletion of all required actions and ;
upon-written request by DOE or NYSEEDA, EPA shall endnavor to l send to DOE and NYSERDA (as appropriato) a written notice of satisfaction of the ter=s of this Order as soon as practicable.
The notice shall state that EPA considers DOE or NYSERDA (as appropriate) to have satier iod the torr.s of this Ordor. The notico, or lack of notice, may be subject to dispute resolution.
XXTT. S.grvivabil.itv/ Pernit Integ ntinn ;
- 1. Aftor the effective date of this Ordor, a RCRA /HSWA Permit may be issued to the Facility (or any portion of the Facility) incorporating the requirements of this order by
t 74 s
reference into the permit. The requirements of this Order shall not terminate upon the issuance of a permit unless the requirement (s) of this order are ex~ressly p replaced by equivalent ,
or more stringont r wmitements in the permit and epa approves such terminatiot:
- 2. Notwithstanding any other provision of this Order, epa and NYSDEC agree that in isuuing a RCRA /ESWA (including equivalent state law) Fermit to Respondent, absent any new information that requires a different approach, EPA and NYSDEC will not include in a draf t permit any condition or requiremenc that directs Respondent to perform or refrain from performing any action that is clearly inconsistent with the requirements of thic Order. If it appears that an inconsistent condition may be included in the final permit, EPA and NYSDEC will attempt to confer with DOP. and NYSERDA before the final permit is issued.
To the extent EPA or NYSDEC includes all or part of the requirments of this Order in such permit, EPA and NYSDEC agree to modify this Order accordingly. Requirements of thia order not incorporated into a permit shall remain an enforceable part of i
this order. Requirements of this Order incorporated into a permit shall no longer be enforceable under this Order.
- 3. The limitations of subsection 2, above, shall not apply to: (a) any interim measure or corrective action that EPA or NYSDEC determine is not within the scope of this Ordert (b) any pre-existing, current, or future condition at the Facility not explicitly covered by this order or which was not known to EPA or w--,2,- .~-, -- - - - .- , , . . , , - - -. ,-,---~,,-.c - - - - - - , - . . - - - . , - - . ,
75 NYSDEC at the time the Order was executedt or, (c) any responso action pursuant to CERCLA, as amended.
- 4. Respondent's good-faith belief that a condition or requiremont of this Order is inconsistent with a requiremont in any final RCRA /HSWA Permit, shall constituto a disputa to be resolved under the terms of section XIX (Disputo Rosolution) of this Ordor.
XXIII. ModlLLgMien/ Ext gagiqn
- 1. This Order may be modified by mutual agrooment of EPA and NYSDEC and Rospondents. Such modification shall bo in -
writing, shall be signed by the Rospondents first, and shall have as its effectivo date the dato on which it is signed by the Directo" of the Air and Wasto Managomont Division, Region II, EPA, and a signed copy is rocoived by the Respondents. Any such modification is, on its offectivo dato, hereby incorporated into this Order.
- 2. Notwithstanding the above, the appropriato Project Coordinators may agros to extensions concer,.ing timotables, deadlines, or the scheduling of ovents, Any such extensions must be requested in writing by the Rospondents and be approved in writing by the EPA Prcjoct Coordinator.
- 3. In the event the parties cannot agree on tho appropriato extension of timetables, deadlines, or scheduling, I
such disagreement may be subject to dispute resolution in accordance with coction XIX.
76
- 4. No informal advice, guidance, suggestions, or comments by EPA and NYSDEC regarding reports, plans, specifications, schedules, and any other writing submitted by the Roepondants will be construed as an amendment or modification to this ordor.
XXIV. No Fir 11L22ntigy.lc312n
- 1. Notwithstanding any other provision of this order, no action or decicien by EPA purcuant to this Order, including without limitation, decisions of the Administrator, the Regional Administrator, the Director of the Air and Waste Management l Division for Region II, or any authorized represuntativo of EPA, shal.1 constitute final agoncy action giving riso to any rights of judicial review prior to EPA's initiation of a judicial action for a violation of this Order, including an action for penalties or an action to compel Respondent's compliance with the terms and conditionu of this order.
XXV. Severability If any provicion or authority of this crder or the application of this order to any party or circumstance is found to bo invalid, or is temporarily stayed, the remainder of this order shall remain in force and shall not be affected thereby.
XXVI. Force t sieure and ExcqanblLDally e
- 1. Respondent shall perform all the requirements of this Order within the time limits set forth, approved, or established -
Y herein, unless the performance is prevented or delayed colely by events which constitute a 12rst raioure. A force raieure is defined as an event arising frca causes not reasonably
i 77 foreseeable and beyond the control of the Respondents which could not be overcome by due diligence and which delays or provents
, performance by a dato required by this order. Such events do not include unanticipated or increased costs or expenses of response actions, whether or not anticipated at the timo such performanco or responso action was initiated. Nor does E2 Igg maieuro inc.'.ude changed economic circumstances, normal precipitation ovents, or failure to exercise duo diligenco in obtaining federal, state, or local permits.
- 2. EgIsa I:Uld.enra shall include acts of Godt first wart
, insurrection civil disturbancos explosions rostraint by court order or order of an existing public authority; inability to obtain, after duo diligence, any necessary authorizations, approvals, permits or licenses duo to action or inaction of any governr. ental agency or authority other than the DOE or NYSERDA; delays caused by compliance with applicable statutes or regulations governing contracting, procuremont or acquisition proceduras, despite the exercise of duo diligences any strike or other labor dispute, whether or not within the control of the Partion affected therebys and insufficient availability of appropriated funds, provided DOE or NYSERDA, as appropriato, mado timely request for such funds as part of the budgetary process as set forth in Section XXVIII (Funding) of this Order.
- 3. The Respondents shall notify the EPA or NYSDEC Project Coordinator within seventy-two (72) hours, if possible, but in no event after forty (40) days, after Respondent (s) first becomes l
I
. - , . , - , -. - - . - . . - - , - - . - .- ~, - - - - - - - - - . - - - - - - - - - - - - - - - - -
78 aware of an ovint, which it knows or should have known, constitutes a igrge gaieure. Within five (5) business days, if possible, but in no event after thirty (30) business days after Respondent (s) providen such initial notice, the Respondent shall '
submit to EPA a written report detailing tho estimated length of dolay, including necessary demobilization and remnbilization, its causes, measures taken or to be taken to minimize th0 delay, and an estimated timotable for implementation of these meaTures.
Respondents must adopt all reasonable coasures to avoid and minimize the delay. Failure to comply with the forty (40) day notice provision of this section shall constitute a valver of Respondents' right to ascert a force maieure and shall be grounds for EPA to deny Respondents an extension of time for performanco.
Such a vaivor of a force maieure under this order shall not be i deemed to be a vaiver of any other defense the Respondent may have at lav vith regard to the performance of obligations of contracts that become impossible.
- 4. If a 12EC2 Daieure has occurred, the time for performance may be extended, upon EPA approval, for a per4cd equal to the delay resulting from such circumstances. "his shall be accomplished through written amendment to this order pursuant to Section XXIII. Such an extension does not alter the schedulo !
for performance or completion of any other tasks required by this !
Order unless these are also specifically altered by amendment of this Order.
6
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79 XXVII. ENFORCEMENT
- 1. DOE and NYSERDA recognize their respective obligotions to comply with the applicable federal and state laws and
?egulations, including RCRA, as set forth in Section 6001 of RCRA, 42 U.S.C. $ 6961 and Title 27, Article 9 of the ECL, and Title 6 of the New York Code, Rules and Regulations, and to faithfully discharge the requirements of this order.
- 2. The provisions of this Order shall constitute requirements which are enforceable against DOE cr NYSERDA pursuant to the citizen suit provision of Section 7001 of RCRA, 42 U.S.C. 5 6972. DOE and NYSERDA agree that the State (NYSDEC) constitutes a " person" pursuant to Section 7002(a) of RCRA.
Therefore, citizen suits include actions or suits by the State to enforce the terms of this Order.
XXVIII. FUNDING
- 1. It is the expectation of the Parties to this Agreement that all obligations of DOE or NYSERDA arising under this Agreement vill be fully funded. Consistent with Congressional and State Legislative limitations on future funding, NYSERDA and DOE shall take all necessary steps and make best efforts to obtain timely funding to meet their obligation,o under this order, ,
including but not limited to the submission of timely budget 3 requasts.
p
- 2. Any requirement for the payment or obligation of funds by DOE or NYSERDA established by the terms of this Order shall be subject to the availability of appropriated funds and no
i 80 provision herein shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. 5 1341, or New York State Finance Law, Section 41. In cases where payment or obligation of funds would constitute a violation of the Anti-Deficiency Act, or the New York State Finance Law, the dates established requiring the payment or obligation of such fundo shall be appropriately adjusted.
- 3. DOE has prepared an Env .cnmental Restoration and Waste Management Five-Year Plan (the "Five Year Plan") to identify, (
integrate, and prioritize DOE's compliance and cleanup activities at all DOE nuclear facilities and sites. DOE will update the Five-Year Plan on an annual basis.
- 4. The terms of the Five-Year Plan shall be consistent with the provisions of this Order, including all requirements and schedules contained herein; it is the intent of DOE that the Five-Year Plan be drafted and updated in a manner that encures that the provisions of this Order are incorporated into the DOE planning and budget process. Nothing in the 5-Year Plan shall be construed to af fect the provisions of this Order,
- 5. DOE is developing a national prioritization system for inclusion in the Five-Year Plan. DOE's application of its o
national prioritization system may indicate to DOE that amendment or modification of the provisions and/or milestones established by this Order is appropriate. In that event, DOE may request, in writing, amendment or modification of this Order, including deadlines established herein. EPA may contend that the Five-Year
81 plan shculd accommodate the milestenes established by this order.
Whero the parties are unable to reach agreement on a requested amendment or modification, the Parties may invoke the dispute resolution provisions of thic order. Pending resolution of any such dispute, the provisions and deadlines in effect pursuant to this order shall remain in effect and enforceable in accordance with the terms of this Order. Any amendment or modification of this Order will be incorporated, as appropriato, in the annual updato to DOE's Five-Year Plan.
- 6. If appropriated funds are not available to fulfill NYSERDA's or DOE's obligations under this Order, EPA reserves the right to initiate any other action which it deems to be appropriato absent this order.
- 7. Nothing heroin shall affect NYSERDA's or DOE's authority over, or responsibility for, its budget and funding level submissions.
XXIL___Lt.fect ive Date The offective date of this Order shall be ten (10) days after the dato en which the Director of the Air and Waste Management Division, Region II, signs this order.
XXX. Cqrsent
- 1. Respondents consent to the issuance of this Order, and agree to undertake all actions required by the terms and conditions of this Order, including any portiens of the Order I incorporated by reference. Respondents consent to the issuance of this Order, as an Order, pursuant to Section 3008(h) of RCRA,
+
82 42 U.S.C. I 6928(h), and explicitly Vaive their right to request
- a hearing on this =atter. In addition, whether brought in an administrative or judicial proceeding, the Respondents consent to and agree not to contest EPA's jurisdiction to enforce or compel compliance vita any ters of this Order or the validity of this Order-and all of its provisions. Subject to the Reservation of Rights in Section XV, the Respondents agree not to contest, and valve any defense concerning, the validity of this order, or any particular provision contained herein.
- 2. Each undersigned signatory to this Order certifies that he or she is fully authori::ed to enter into the turns and conditions of this Order.
Date:
) /
SIGNED:
A. A. Pitrolo b
- Manager U.S. Department of Energy '
- Idaho Falls Operation Office 7
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Date: 2 27 91 SIGNED: -
F. Wm. Valent'ino Acting President New York State Energy Research
, and Development Authority m
9 is _.____.____m___.__
Datet_ Au w _ h, /jf1- SIC 11EDs C %C tm j '/ Thomas Jorling j \
Commissioner flew York Stato Department of Environmental Conservation f
7
85 IT IS so ORDERED:
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Date: M M. '
I 'l 7 M SIG! LED:
ColiRAD F Director Air an(/ MON, Waste Management Division U.S Environmental Protection Agency - Region II i
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( UNITED STATES ENVIRONMENT AL PROTECTION AGENCY
( AEGCN h y
" *3'" JACCD K. JAVff S F1IERAL DULCING NEW YORK, HEW YoAK 10278 4 (' hy,
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. *f, ' obi Cthq Cr y,0 14 CDQg August 12, 1991 Mark Olsen Brett Bowhan !!al Brodio Counsel Assistant Counsel Office of Chief Counsel llYS Energy Resourch and U.S. Department of Energy Development Authority 785 DOE Placo 2 Rockofoller Plaza Idaho Falls, Idaho 83402 Albany, liY 12223 Re: West Valloy RCRA 3008(h) Order
Dear Monsors. Olson,
Bowhan and Brodio:
Enclosed please find the revised Attachments. I have not QA/QC'd them, uo to speak, but am sending them out to you to comparo with the Attachments you should already have. Let no know on Wednesday during our conferenco call if anf problems arico or may ariso with regard to those Attacb=onts.
Sincerely, M i ldUM g*gj /
Carl R. Howard Assistant Regional Counsol f
Offico of Regional Counsel l
Enclosure l
cc; Deborah Christian, DEC Victor Franklin, WVlis -
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l PAINTED CN PCCYCLE D PAPUi
ATTACIIMIJU I ECOPE OF WQB]LTOR A Rg]Q. PACILITY ItiVKSTIGATION At EELIEILifrJ._ YORK NUELIAB fLERVICE 911tJ1B BCRA FACILITY 11NESTICATICH Task I; Description of current conditions Task II: Pre-Invectigation Evaluatien of Corrective Measure Technologies Task III: RTI Workplan Requirc=ents -
Task IV: Tacility Investigation .
Task V: Investigation Analysis .
Tach VI: Laboratory and Dench-Scalo Studies Task VI!: Reports mm o
e _ __ m__------- ---__--.w__--_-__-_---__x-,----- _w--__ _ m
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SCOPE OT WORK POR A RCRA TACILITY INVFfdI,19hTICN (RPI)
At ,
R]Ui. TERN NEW YORK ?T.,QCLEAR FJJ_tHgE. Q,,MTJ11 PURPOSE The purpose of this RCRA Facility Investigation is to determine the nature and extent of releases of hazardous vaate or hazardous constituents fres regulated units, solid vaste nanagement units, 1 and other source areas at the Western New York Nuclear Service Center and to gather all necessary data to support the Correctivo !
Heasures "'udy, if o,ne is deter =ined to be necessary. The Respondent (the tern Respondent whenever used in this Attachment ;
shall iclude both the New York State Inergy Research and Development Authority (EPA ID Nunber NYD986905545) and the U.S.
Department of Ener7y (EPA ID Number NYD900779540) chall furnish all personnel, natorials, and services necessary for, or ;
incidental to, perfor=ing this RCRA Tacility Investigatien.
SCCPE The' RCRA Facility Investigation censists of seven tasks I l
Task I: Description of Current Cenditiens A. Facility Background i B. Nature and Extent of Contnmination C. Implenentatirn of Interin Measures Task II: Pre-Investigation Evaluation of Corrective Measure Techno1cgies Task III: RTI Workplan Requirc~snts
, A. Project Management Plan l B. Data Cc11ection Quality Assurance Plan C. Data Management Plan D. Health and Safety Plan E. Cc== unity Relations Plan Task IV: Tacility investigatica l
i t A. Environmental Setting l
B. Source Characterization C. Centaminatien Charsetorization D. Potential Receptor Identification Task V: Investigation Analysis ,
A. Data Analysis B. Prctection Standards
2 Task VI: Laboratory and Bench-Scale Studies Task VII: Reports A. Preliminary and Workplan B. Progress C. Draft and Final I
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3 TASK I! DESCRIPTION OF CURRENT CONDITION,9 The Respondent shall submit for U.S. EPA approval, a Preliminary Report providing the background infor=ation pertinent to the facility, contamination, and interin measutes as_ sat forth below.
The data gathered during any previous investigat. ions or inspections and other relevant data shall be included.
A. Facility Backcround The Respondent's report shall summari:o the regional location, portinent boundary features, general facility physiography, hydrogeology, and historical use of the facility for the treat =ent, storage or disposal of solid and ha:ardous waste. The Respondent's report shall includet
- 1. Map (s) depicting the followingt
- a. General geegraphic location;
- b. Property lines, with the owners of all adjacent property clearly indicated;
- c. Topography and surfaco drainage (with a contour interval of two (2) feet and a scale of 1 inch =
100 feet) dopicting all waterways, wetlands, floodplains, vatar features, drainage patterns, and surface water centainment areast ,
- d. All tanks, buildings, utilities, paved areas, easements, rights-of-way, and other features t
- e. All solid or ha:ardous waste troatment, storage or disposal areas active after November 19, 1980;
- f. All known past solid or hazardous vaste treatment, storage or disposal areas regardless of whether they were active on November 19, 1980;
- g. All known past and present product and waste underground tanks or pipingt
- h. Surrounding land uses (residential, commercial, agricultural, recreational); and
- 1. The location of all production and ground water nonitoring walls. These wells shall be cicarly labeled and ground elevations and top of casing elevations and construction details ingluded (these elevations and details may be included as l an attachment).
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. . - - -, - _ . - - - . . - . - - ~ , . , . . - _ - . . . . . , . - . . . , . . - _ , , - - , . . . , . . ,-
4 All caps shall be consistent with thr requironents set f orth in 4 0 C.F.R. $ 270.14 and be of sufficient detail and accuracy to locato and report all current and future work performed at the sito.
- 2. A history and description of o"norship and operation, solid and ha:ardous vaste generation, treatment, storage and disposal activities at the facility;
- 3. Approxi sto datos or periods of past product and vasto spills, identification of the catorials spilled, the amount spilled, the location where spilled, and a description of the response actions conducted (local, stato, or f ederal response units or privato partics),
including any inspection reports or technical reports -
generated as a result of the response and
- 4. A summary of past permits requestod and/or received,.
any enforcement actions and their subsequent responses, and a list of documents and studios prepared for the facility.
B. Nature and Estent of Centaminntion e The Respondent shall prepare and submit for U.S. EPA approval, a Preliminary Report describing the existing information en the nature and extent of contamination.
- 1. The Respendent's report shall summarico all possible source areas of contamination. This, at a minimum, should include all regulated units, solid vaste management units, spill areas, and other suspected source areas of contamination. For cach area, the
~
Respondent shall identify the following:
- a. Lccation of unit / area (which shall be depicted on a facility esp):
- b. Quantities of solid and hazardous wastest
- c. Hazardcus waste or ccnstituents, to the extent kn:vn; and
- d. Identification of areas where additional inf or:stien is necessary.
- 2. The Respondent's Roport shall includo an assessment and description of t.ke existing decree and extent of contamination. This should include:
_-. . _ . __. _ . . . _ . _ . _ _ _ _ . _. -_...__._____m_. . _ _ _ _ _ __ _____ _.. _
5
- a. Availabio monitoring data and qualitative information on locations and levels of contamination at the facility;
- b. All potential migration pathways including information on geology, patrology, hydrogeolory, physiography, hydrology, water quality, meteorology, and air quality; and
- c. The potential i= pact (s) on human health and tho >
environnont, including demography , ground water and surface water uso, and land uso.
C. Irdip3entation of Interim Mensur,qn The Respondent's Report shall document intorim naasures !
which were or are being undertaken at the facility. This shall include:
- 1. Objectives of the interin measures: how the Leasure is nitigating a potential throat to human health and the enviren=ent and/or is consistent with and integrated '
into any long term solution at the facilityt
- 2. Design, construction, operation, and maintenance requirements;
- 3. Schedults for design, construction and monitoringt and
- 4. Schedule for pr gress reports.
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tap 1U.1, PRE-INVESTIGATION EVALUATION OF COBRECTIVE HEAGUAE i TECRNOLOGIES Prior to starting the facility investigation, the Respondent shall submit to EPA a report that identifies the potential '
correctivo measure technologies that may be used on-site or off-site for the containment, treatment, remediation, and/or disposal of contamination. This report shall also identify any field data that needs to be' collected in the facility invostigation to facilitato the evaluation and celection of the final corrective measure or measures (g.g., compatibility of vasta and construction =atorials, infor=ation to evaluato
- offectiveness, treatability of vastas, etc.).
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7 TASK TTIJ, RTT WOREPIM REOUTREMENTE The Respondent shall prepara a RCRA Facility Investigation (RFI)
Workplan. This RFI Workplan shall include the development of
< several plans which shall be prepared concurrently. During the RCRA Facility Investigation, it r.ay be necessary to revise the RFI Worr. plan to increase or docrease the detail of infor=ation coll :ted to accommodato the facility-specific nituation. The
- RFl Workplan includes the following:
A. Proiect Manacement. Plan The Respondent tihall prepare a Project Management Plan which -
vill include a discussion of the technical approach, schedules, budget, and personnel. The Project Management Plan will also include a description of the qualifications of personnel performing or directing the RFI, including contractor personnel. This plan shall also document the overall management approacn to the RCRA Facility Investigation.
B. Data collection cuality Assurance Plan The Respondent shall preparo a plan to docu=ent all monitoring procedures sampling, field measurements, and sampic analysis perf ormed during the in'.'estigation to characterize the environmental setting, source, and contamination, so as to ensure thht all information, data and resulting decisions are technically sound, statistically valid, and properly documented.
- 1. Data Collecticn Strategy The strategy section of the Data Collection Quality -
Assurance Plan shall include but not be limited to the followinga
- a. Descriptien of the intsnded=uses for the data, and the nacostary level of precision and accuracy for these intended uses;
- b. Description of nethods and procedures to be used to assess the precision, accur.cy, and co=pleteness of the measurement data; s- c. Description of the rationale used to assure that the data accurately and precisely represent a characteristic of a population, paramotor.
variations at a sampling point, a proc'ess j
condition, or a: environmental condition.
Examples of factors which shall be considered and discussed include:
L
8 i) Envirennental ecnditions at the tire of sampling;
- 11) Number of sampling pointnr iii) Representativeness of selected media; and iv) Representativeness of selected .nalytical parareters,
- d. Descriptien of the reasures to be taken to assure that the following data sets can be compared to caen other:
i) RTI data generated by the Respondent over a sore time period; ii) RTI data generated by an outsido laboratcry or cencultant vorous data generated by the Respondent; iii) Data generated by separate censultants or labcratoriest and iv) Data generated by an cutside censultant or labcratory cver some tire period.
- e. Det311s relating to the schedule and information te ce previded in quality assurance reports. The repertr shculd include but not be limited to:
i) Fericdic assessmene of measurement data accuracy, precision,and completeness '_
ii) Results of perferrance audits; iii) Results of synten audits; iv) Significant quality assurance problems and recernended sclutions; and v) Resciutiens c previcusly stated problocc.
- 2. Sampling The Sampling section of the Data Collection Quality Assurance Plan shall discuss:
, a. Selecting apprcpriate sa pling locations, depths, etc.;
b 4
9
- b. providing a statistically sufficient number of sampling sitost
- c. Heasuring all necessary ancillary datas. ,
i
- d. Determining conditions under which sampling should
)
be conductedt
- o. Determining which media are to be sampled (g.g., I ground vator, air, soil, sedimont, etc.); ,
- f. Determining which paramotors are to bo measured and where; 9 Selecting the frequency of sampling and length of sampling periods ,
- h. Selecting the types of saeple (g.g., composites vs. grabs) and number of samples to be collected; j
- i. Measures to be taken to prevent contamination of the sampling equipment and cross contamination between sampling points
- j. Documenting field sampling operations and procedures, including; i) Documentation of procedurer for preparation of reagents or supplies vulch become an integral part of the sample (a.g., filters, and adsorbing reagents);
ii) precedures and forns for recording the exact location and specific considerations associated with sample acquisitions _ ;
iii) Documentatien of specific sample preservation nothod; iv) calibration of field devices; ,;
v) Collection of replicate samplest vi) Submission of ficid-biased blanks, *re appropriate; vil) Potential interferences present at the
_ facility; viii) construction materials and techniques, associated with monitoring wells and pie:eneters;
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ix) Field equipment listing and sample .
containerst '
x;- Sa=pling orders and xi) Decentamination proceduros.
- k. Selecting appropriato samplo containers; j
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- 1. Sa:ple preservation; and j
- n. Chain.of-custody, including:
4 i) Standardi:cd field tracking reporting for=s !
to establish sample custody in the field l
prier to and during shipment; and
- 11) Pre-prepared sanple labols centaining all information necessary for effective sample ,
I tracking.
- 3. Tic 1d Measurements
- The Field Measurements section of the Data Collection Quality Assurance Plan shall discuss:
- a. Selecting apprcpriate field naasurement locations, depths, etc.;
- b. Providing a statistically sufficieat number of i field measurements;
- c. Measuring all necessary ancillary datar ,
- d. Determining conditions under which field neasurements should be conducted;
- . Determining which media ara to be addressed by appropriate field measurements (e.g., ground water, air, soil, sediment, etc.);
- f. Determining which parameters cro to be coasured and where;
- g. selecting the frequency of field reasurement and leagth of field measurements period; and
- h. Documenting field measurement operations and preceduros. including: -
- 1) Precedures and forms for recording raw data
-and the exact location, time, and I
,
- 1
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i 11 l facility-specific considerations associated with the data acquisition; f 11) calibration of field devicest
, iii) collection of replicate measurements; iv) Submission of field-biased blanks, where apptcpriate; v) potuntial interferenecc present at the
, facility' vi) construction natorials and techniques
' associated with monitoring wells and pie:oneters used to collect field data; vii) Field equipment listingt viii) Order in which field measurements were made; and ix) Decentaminatier procedures.
- 4. Sample Analysis i
The Sarplc Analysis sectic of the Data collection Quality Assurance Plan shalt specify the following:
- a. chain-of-custody procedures, including:
- 1) Identificatien of a responsible party to act as sample custodian at the laboratory facility authorized to sign for incoming field sampics, obtain documents of shipment, and verify the data entered onto the sample custody records
- 11) provision fer a laboratory sa=ple custody log consisting of serially numbered standard lab-tracking report sheets; and iii) Specification of laboratory sample custody procedures for sample handling, storage, and dispersement for analysis,
- b. Sa ple storage precedures and storage times;
- c. Sample preparation nethods; i
- d. Analytical procedures, including:
1
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1 12 ,
i) Scope and applicat.on i of the procedure; 11)- Sample natrix; ili) Potential interferences; iv) Precision and accuracy of the nethodology; and v) Method detection limits.
- e. Calibration precodures and frequency;
- f. Data reduction, validation and reporting; i: g. Internal gaality centrol checke, laboratory performance and systems audits and frequency,
- including
- 1) Method blank (s);
ii) Laboratory centrol sample (s) ;
iii) Calibration check sanple(s);
iv) Replicate sample (s);
v) Matrix-spiked sample (s);
vi) " Blind" quality control sample (s);
vii) Centr '. charts; ;
viii) Surrogate samples; ix) Zero and span gases;-and
-x) Reagent quality centrol checks.
- h. Preventive maintenance procedures and schedules;
- i. Corrective action (for . laboratory -problens) ; and
- j. Turnaround tina.
C. Data Manacement Plan The Respondent shall develop and initiate a Data' Management Plan to document and track investigation data and'results.
This plan shall identify and set up data documentation materials and procedures, project file requirements, and project-related progress reperting procedures and docu.nents. '
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13 The plan shall also provide the for=at to be used to present-the raw data and conclusions of the investigation.
- 1. Data Record .
The data record shall include the following:
- a. Unique sample-or field measurement code;
- b. Sampling or field reasurenent location and sample or neasurement type:
- c. Samp15ng or field 'measr rement raw data;
- d. Laboratory analysis ID number;
- e. property er component neasured; and
- f. Result et analysis (n.g., concentration).
- 2. Tabular Displays .
The following data shall be presented in tabular displays:
- a. Unsorted (raw) data;.
b.- Results for'each medium, or for each constituent nonitored;
- c. -Data reduction for statistical analysis;
- d. Sorting of_ data by potentiel stratification f actors - (n.g. , _ location, soil layer, topography) ;
and-
- e. Su==ary data.
- 3. Graphical Displays The following data _shall be presented in graphical fo r=ats (g.g., har_ graphs, line graphs, area or plan maps, isopleth plots, cross-sectional plots or-transects, three dimensional graphs, etc.):
- a. Display sampling location and sampling grid:
- b. Indicate boundaries-of sampling area, and areas Chere more data are required; es Displey levels of contamination at each sampling location;
14
- d. Display geographical extent of contamination;
- e. Display contanination levels, averages, and caxina; ,
- f. Illustrate changes in concentration in relation to distance fron the source, tf=e, depth or other parameters; and '
- g. Indicate features af fecting intramedia transport and show potential receptors. <
D. Realth and SafeEv Plan The Respondent shall prepare a facility Health and Safety Plan.
Major elenents of the Health and Safety Plan shall
!nclude:
. Facility description, including availability of resources such as roads, water supply, electricity
- and telephone service;
- b. Describe the known hazards and evaluate the risks associated with the incident end with each activity conducted;
- c. List key personnel and alternates responsible for i site safety, response operations, and for protection of public health;
- d. Delineate work areas;
- e. Describe levels of protection to be worn by personnel-in work areas;
- f. Establish procedures to centrol site access;
- g. Describe decontamination procedures for personnel and equipment; h.- Establish site emergency procedures;-
- 1. Address emergency medical care for injuries and toxicological problems;
- j. Describe requirecents f or an environmental surveillance program;
- k. Specify any routine and special training required for responders; and
. _ - _ - . . _ ~ . . . - - - - . . . - . - - . - . _ . . . . - - . _ . . - . - . ~ . . . . . - . - - . . . . . - - - - . - . .
15
- 1. Establish procedures for protecting workers from weather-related prcblems.
- 2. The Facility Health and Saf ety Plati shall be consistent with:
- a. NIOSH Occupational Safety and Health Guidance Manual for Ha:ardous Waste Site Activities (1985) ;
- b. EPA Order 1440.1 - Respiratory Protection;
- c. EPA Order 1440.3 - Health and Safety Requirements for Employees engaged in Field Activities;
- d. Facility Contingency Plan; -
e .- EPA Standard Operating Safety Guide (1984);
- f. OSHA regulations particularly in 29 C.F.R. 55 1910 and 1926;
- g. State, local, and other federal agency (c.g., DOD, DOE) regulations; and
- h. Other EPA guidence as provided.
E. Community Relations-Plan The Respondent shall prepare a plan, for the dissemination of information to the public regarding investigation activities and results. ,
t 9
9 4
16 TASK IV: FACILITY INVISTIGATION The Respondent shall conduct these investigations necessary to:
characteri:e the facility (Environmental Setting); define the source (s) (Source Characterization); define the degree and extent of contamination (contamination characterication) ; and identify actual or potential receptors (Potential Receptors).
The investigations should result in data of adequate technical quality to support the development and evaluation of the corrective coasure alternative or alternatives during the Correctivo Measures Study, if one is determined to be necessary.
The site ind stigation activities shall follow the plans set forth in Task III. All sampling and analyses shall be conducted in accordance with the Data collection Quality Assurance Plan.
All sampling locations shall be documented in a log and identified on a detailed cito nap.
A. Environmental Settina The Respondent shall collect infer ition to supplement and verify existing infer:ation en the envirennental setting at the facility. The Respondent shall characterice the following:
- 1. Hydrogeology s The Respondent shall conduct a program to evaluate hydrogeologic conditions at the facility. This program shall provide the following infor=atien:
- a. A description of the regional and facility specific geologic and hydrogeologic characteristics affecting ground water ficw beneath the facility, including:
i) Regional and facility specific stratigraphy:
description of strata including strike and dip, identification of stratigraphic ContaCOs; ii) Structural geology: description of local and regional structural featuren (e.g., folding, faulting, tilting, jointing, etc.);
iii) Depositional history; iv) Identification and characterization of areas and arounts of reenarge and discharge; i
17 l
v) Regional and facility specific ground water flow patterns; and vi) Characterize seasonal variations in the ground water flow regime.
- b. An analysis of any topographic features that might influence the grcund water flow system. (Note:
Stereographic analysis of aerial photographs may aid in this analysis.)
- c. Based"on field data, test, and cores, a representative and accurate classification and
- descriptien of the hydrogeologic units which may be part of the migration pathways at the facility (1.g., the aquifers and any intervening saturated and unsaturated unitc), including:
i) Hydraulic conductivity and porosity (total and effective);
ii) Lithology, grain si:c, sorting, degree of cementation; iii) An interpretation of hydraulic intercennections between saturated nones; and iv) The attenuation capacity and mechanisms of the natural earth materials ( g . g -. , ion exchange capacity, organic carbon centent, mineral content etc.).
- d. Based on field studies and cores, structural -
geology, and hydrogeologic cross sections shcwing the extent (depth, thickness, lateral extent) of hydrogeologic units which may be part of the migratien pathways identifying:
- 1) Sand and gravel deposits in uncensolidated deposits; ii) Zenes of fracturing or channeling in censolidated or uncensolidated deposits; iii) Zones of higher perreability or lower permeability that night direct and restrict the flew cf contaminants; is The upperrost aquifer: geologic formation, grcup cf formaticns, or part of a formation capable of yielding a significant amount of greur.d water to wells or springs; and
18 e >>ter-bearing ores above the first confining layer that may serve as a pathway for contaminant migration including perched zones of saturation.
- e. Based on data obtained from ground water monitoring wells and pie:c=eters installed upgradient and downgradient of the potential contaminant source, a representative description of water level or fluid prossure conitoring including:
- 1) hater-level centour and/or potentiometric maps;
- 11) Hydrologic cross sections showing vertical gradients; iii) The flow system, including the vertical-and horizontal cc=ponents of flow; and iv) Any temporal changes in hydraulic gradients, for example, due to tidal or seasonal influences,
- f. A description of =anmade influences that =ay affect the hydrogeology of the site, identif'fing :
- 1) Active and inactive local water-supply and production wells with an approximate schedule of pumping; and
- 11) Man =ade hydraulic structures (pipelines, french drains, ditches, unlined ponds, septic tanks, NPDES outfalls, retention areas, etc.).
- 2. Soils The Respondent shall conduct a program to characterine the. soil and reck units above the water table in the vicinity of the centaminant release (s). Such characterization shall include but not be li=ited to, the following-infor=ation:
- a. SCS' soil classification;
- b. Surface soil distribution;
- c. Soil profile, including ASTM classification of soils; i
. _ _ . _ . _. _. _ ._. -. _ . _ - _ . . . . = _ __ _ _ - - _ . _ _ __
19
- d. Transects of soil stratigraphy;
- e. Hydraulic conductivity (saturated and unsaturated);
- f. Relative permeability;
- g. Bulk density;
- h. Porosity;
- i. Soil , sorptive capacity;
- j. Cation exchange capacity (CEC) ;
- k. Soil organic content;
- 1. Soil pH;
- m. Particle size distribution;
- n. Depth of water table;
- o. Moisture content;
- p. Effect of stratification on unsaturated flow;
- q. Infiltration
- r. Evapotranspiration;
- s. Sterage capacity;
- t. Vertical flow rate; and
- u. Mineral content.
- 3. Surface Water and Sedinent The Respondent-shall conduct a program to characterize the surface water bodies in the vicinity of the facility. Such characterization shall include, but not be limited to, the following activities and 4 7fornation:
- a. Description of!the' temporal and permanent surface water bodies including:
i) For lakes and estuaries: location', _ elevatien, surface area, inflow, outflew, depth, temperature stratification, and volume:
20
- 11) For impound ents: location, elevation, surface area, depth, volume, freeboard, and i purpose of inpound=ent; iii) For streams, ditches, drains, swamps and channels: location, elevation, flow, velocity, depth, width, seasonal fluctuations, and flooding tendencies (i.g.,
100 year event) ;
iv) Drainage patterns; and r v) svapotranspiration.
, b. Description of the chemistry of the natural surface water and sediments. This includes determining the pH, total dissolved solids, total suspended solids, biological oxygen demand, alkalinity, conductivity, dissolved oxygen profiles, nutrients (NH 3, NO 3
/NO,, PO; ') , chemical oxygen demand, total organic carbon, specific contaminant concentrations, etc.
c.- Description of cedinent characteristics including:
i) Deposition area;
- 11) Thickness profile; and iii) Physical and chemical parameters (e.g., grain size, density, organic carbc content, ion exchange capacity, pH, etc.)
- 4. Air The Respondent shall provide information characterizing
-the climate in the vicinity of the facility. Such information shall include, but not be limited to:
- a. A description of the fcilowing parameters:
!. -1) Annual and nonthly rainfall-averages; ii) Monthly temperature averages and extremes; lii) Wind speed and direction; iv) Relative hunidity/ dew point; v) At=cspheric pressure; i vi) Evaporation data; I
1 m - - a,+ . - -
21 vii) Developnent of inversions; and viii) Climate extranes that have been known to occur in the vicinity of the facility, including frequency of occurrence.
- b. A descriptien of tcpographic and nanmade features which affect air flow and emission patterns, including:
i) Ridges, hills or nountain areas; ii) danycns or valleys; iii) Surface water bodies (g.g., rivers, lakes, bays, etc.);
iv) Wind breaks and forests; and v) Buildings.
B. Source Characterication The Respondent shall collect analytical data to completely characterize the wastes and the areas where vastes have been placed, collected, or removed, including: type; quantity; physical for=; disposition (containment or nature of deposits); and facility characteristics affecting release (g.g., facility security, and engineered barriers). This shall include quantification of the following specific characteristics at each source area:
- 1. Unit / Disposal Area characteristics:
- a. Location of unit / disposal area;
- b. Type of unit / disposal area;
- c. Design features;
- d. Operating practices ( ast and present);
- e. Period of operation;
- f. Age of unit / disposal area;
- g. General physical conditions; and
- h. Method used to close the unit / disposal area.
l
33
- 2. Waste Characteristics:
- a. Type of vaste placed in the unit; i) Hazardeas classification (n.g., flammable, reactive, corrosive, oxidizing, or reducing agent);
- 11) Quantity; and iii) Chemical compositien,
- b. Physihal and chemical characteristics; i) Physical form (solid, liquid, gas); --
ii) Physical description (n.g., powder, oily sludge);
iii) Temperature:
iv) pH:
v) General chemical class (g.g., acid, base, solvent);
vi) Molecular weight; vii) Density; viii) Boiling point; ix) Viscosity: ,
x) Solubility in water; xi) Cohesiveness of the vaste; xii) Vapor pressure.
xiii) Flash point
- c. Migration and dispersal characteristics of the vaste; i) Sorption ;
ii) Biedegradability, bicconcentration, bictransformaticn:
iii) Photodegradaticn rates:
23 iv) Hydrolysis rates; and v) Chemical transformations.
The Respondent shall document the procedures used in making the above deteruinacions.
C. Contamination Characterization The Respondent shall collect analytical data on ground water, soils, surface water, sediment, and subsurface gas contamination in the vicinity of the facility. This data shall be suffici'ent to define the extent, origin, direction, and rate of movement of contaminant plumes. Data shall include time and location of sampling, media sampled, concentrations found, conditions during sampling, and the identity of the individuals performing the sampling and analysis. The Respondent shall address the following types of contamination at the facility:
- 1. Ground Water Contamination The Respondent shall conduct a Ground Water Investigation to characterize any plumes of contamination at the facility. This investigatien shall, at a minimum, provide the following information:
- a. A description of the horizontal and vertical extent of any im=iscible or dissolved plume (s) originating from the facility;
- b. The horizontal and vertical direction of contamination movement;
- c. The velocity of centaminant movement;
- d. The horizontal and vertical concentration profiles of Appendix IX constituents in the plume (s:;
ec An evaluation of factors influencing the plume movement; and
- f. An extrapolation of future contaminant movement.
The Respondent shall document the procedures used in making the above determinations (g.g., well design, well construction, geophysics, modeling, etc.).
- 2. Soil Contamination The Respondent shall conduct an investigation to characterize the contamination of the soil and rock
24 units above the water table in the vicinity of the contaminant release. The investigation shall include the following information:
- a. A deceription of the vertical and horizontal extent of contamination,
- b. A description of centaminant and soil chemical properties within the contaninant source area and plume. This includes contaminant solubility, speciation, adsorption, leachability, exchange capacity, biodegradability, hydrolysis, photelysis, oxidation, and other factors that night af2ect contaminant nigration and transformation.
- c. Specific centaninant concentrations.
- d. The velocity and direction of contaminant movement,
- e. An extrapolation of future contaminant =ovement.
The Respondent shall document the procedures used in making the above determinations.
- 3. Surface Water and Sediment Contamination The Respondent shall conduct a surface water investigation to characterize contamination in surface water bodies resulting from centaminant releases at the facility. The investigation shall include, but not be limited to, the following information:
- a. A description of the horizontal and vertical extent of any inniscible c: dissolved plume (s) originating frem the #acility, and the extent of centanination in underlying sediments;
- b. The horitental and vertical direction of centaminant move =ent;
- c. The contaminant velocity;
- d. An evaluation of the physical, biological and chemical factors influencing contaminant movement;
- e. An extrapolation of future contaminant =cvement; and
- f. A description of the chemistry of the centarinated surface waters and sadinents. This includes l
25 determining the pH, total dissolved tolids, specific contaminant concentrations, etc.;
The Respondent shall document the procedures used in making the above determinations.
- 4. Air Contaminatien The Respondent shall ccnduct an investigation to characteri:e the particulate and gaseous contaminants released into the atmosphere. This investigation shall provide tha.following information:
i
- a. A description of the horizontal and vertical direction and velc aity of contaminant movement;
- b. The rate and amount of the release; and y
- c. The chemical and physical composition of the centaminants(s) released, including horizontal and vertical concentration profiles. The Respondent shall document the procedures used in =aking the above determinations.
- 5. Subsurface Gas Contamination The Respondent shall conduct an investigation to characterize subsurface gases emitted from buried hazardous waste and hazardous constituents in the
- ground water. This investigation shall include the following information
J
- a. A description of the hori: ental and vertical extent of subsurface gas mitigation; -
- b. The chemical ecmpesition of the gases being emitted;
- c. The rate, amount, and density of the gases being emitted; and
- d. Horizontal and vertical concentration profiles of the subsurface gases emitted.
l The Respendent shall document the procedures used in making the above determinations.
k D. Potential Receptors
! The Rescendent shall collect data describing the human populations and environmental systems that are susceptible a to contaminant excesure from the facility. - -
Chemical E
-M
e -
26 I analysis of biological samples may be needed. Data on observable offects in ecosystems may also be obtained. The following characteristien shall be identified:
- 1. Local uses and possible future uses of ground water:
- a. Type of use (g.g., drinking water source:
nunicipal or residential, agricultural,-
desestic/non-potable, and industrial); and
- b. Location of ground water users including wells and discharge areas.
- 2. Local uses and possibic future uses of surface waters draining the facility:
- a. De=estic and municipal (a.g., potable and lawn / garden watering);
- b. Recreational (g.g., swinning, fishing);
- c. Agricultural;
- d. Industrial; and
- e. Environnental (n.g., fish and wildlife prcpagation).
- 3. Human use of or access to the facility and adjacent lands, including but not limited to:
- a. Recreation;
- b. Hunting;
- c. Residential;
- d. Cc==ercial;
- e. Zoning; and
- f. Relationship between population locations and prevailing wind direction.
- 4. A description of the biota in surface water bodies on, adjacent to, or affected by the facility.
- 5. A description of the ecology overlying and adjacent to the facility.
t 27
- 6. .A demographic profile of the people who use or have access to-the facility and adjacent-land, including ,
but not limited to: age, sex, and sensitive subgroups.
- 7. A description of any endangered or_ threatened species near the facility.
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28 TASK Vt INVESTIGATION ANALYSIS
-The Respondent shall prepare an analysis and summary of all '
facility investigations and their results. The objective of this task shall be to ensure that the investigation data are sufficient in quality (e.g., quality assurance precedures have been followed) and quantity to describe the nature and extent of contamination, potential threat to human health and/or the environment, and to support the Corrective Measures Study, if one is determined to be necessary.
A. Data Analysis .
The Respondent shall analyze all facility investigation data outlined in Task IV and prepare a report on the type and extent of contamination at the facility including sources and nigration pathways. The report shall describe the extent of centanination (qualitative / quantitative) in relation to background levels indicative for the area.
R. Protection Standards
- 1. Ground Water Protection Standards For regulated units, the Respondent chall provide infor:ation to support the Agency's selection /
developnent of Grcund Water Protection Standards for all of the 40 C.F.R. Part 261 Appendix IX constituents found in the ground water during the Facility Investigation (Task IV).
- a. The Ground Water Protection Standards shall consist of:
i) for any constituents listed in Table 1 of 40 C.F.R. $ 264.94, the respective V:alue given in that table (McL) if the background level of the constituent is below the value given in Table 1; or ii) the background level of that constituent in the ground water; or iii) a U.S. EPA approved Alternate Concentration Limit (ACL).
- b. Information to support the Agency's subsequent selection of Alternate Concentration L,inits (ACLs) shall be developed by the Respondent in accordance with U.S. EPA guidance. For any proposed ACLs, the nespondent shall include a justification based
4 29 upon the criteria set f orth in 4 0 C.F.R.
$ 264.94(b).
~
- c. After receipt and-review of any proposed ACLs, the U.S. EPA shall notify the Respondent in writing of approval, disapproval or nodifications. The U.S.
EPA shall specify, in writing, the reason (s) for any disapproval or nodification,
- d. Within sixty (60) days of receipt of the U.S.
EPA's -notification or disapproval of any proposed ACL, the Respondent shall withdraw the application or amend and submit revisions to the U.S. EPA.
- 2. For all other units or areas of contamination, the Respondent shall propose a ground water protection standard for each Appendix IX constituent found in the ground water and provide adequate information to support this proposal, including a justification based upon the criteria set forth in 40 C.F.R. 5 264.94(b)..
- a. The proposed ground water protection standard will be reviewed by EPA in accordance with U.S. IPA guidance for ACLs.
- b. After receipt and review of any proposed ground water protection standards, the U.S. EPA shall notify the Respondent in writing of approval, disapproval or nodifications. The U.S. EPA shall specify in writing the reason (s) for any disapproval or modification,
- c. Within sixty (60) days of receipt of the U.S.
EPA's notification or disapproval of any proposed ACL, the Respondent shall withdraw the proposal or amend and submit revisions to the U.S. EPA.
- 3. Other Relevant Protection Standards The Respondent shall identify all relevant and applicable standards for the protection of hu=an health and the environment (e.g., National Ambient Air Quality Standards, Federally-approved State water quality standards, etc.).
30 TASK VT! LABORATORY AND PENCR-SCALE STUDIES
-The Respondent shall conduct laboratory and/or bench scale studies to deter =ine the applicability of a corrective measure technology or technologies to facility conditions. The Respondent shall analyze the technologies, based on literature review, vendor contracts, and past experience to determine the testing requirements.
The Respondent shall develop a testing plan identifying the types (s) and goal (s) of the study (ies), the level of effort needed, and the procedures to be used for data canagement and interpretation.
Upon completion of the testing, the Respondent shall evaluate the testing results to assess the technology or technologies with respect to the site-specific questions identified in the test plan.
The Respondent'shall prepare a report summariting the testing progran and its results, both positive and negative.
. - -_. _ - _ _ = . - - . - . - . - .- _- . _ .
31 TASK VII: REPORTS A. Preliminary and Workelan The Respondent shall abmit to the EPA reports on Tasks I and II when it subnits the RCRA Facility Investigation Workplan (Task III).
B. Procress The Respondent shall at a minimum provide the EPA with signed, quarterly progress reports containing:
- 1. A description and estimate of the percentage of the RFI completed;
- 2. Summaries of all findings;
- 3. Summaries of all changes made in the RFI during the reporting period;
- 4. Summaries of all contacts with representative of the local community, public interest groups or State government during the reporting period;
- 5. Summaries of all problems or potential problems encountered during the reporting period;
- 6. Actions being taken to rectify problems;
- 7. Changes in personnel during the reporting period;
- 8. Projecten work for the next reporting data, etc.
C. Draft and Final Upon-EPA approval,-the Respondent shall prepare a RCRA Facility Investigation Report to present Tasks IV-V. The '
RCRA-Facility investigation Report shall be developed in draft form for U.S. EPA review. The RCRA Facility Investigation Report shall be developed in final for=at incorporating com=ents received on the Draft RCRA Facility Investigation Report. Task VI shall be submitted as a separate report when the Final RCRA Facility Investigation Report is submitted.
33 A summary of the information reporting requiremento contained in the RCRA Facility Investigation Scope of Work.is presented below!
(NOTE: Due dates are calculated from the effective date of this .
Order, unless otherwise specified.) l Facility Submission Due Date Description of Current Situation ' Sixty (60) days (Task I)
Pre-Investigation Evaluation of Corrective Sixty (60) days Measure Technologies (Task II)
RFI Workplan Sixty (60) days (Task III)
Draft RFI Report In accordance (Tasks IV and V) l with approved schedule l
Final RFI Report Sixty (60) days (Tasks IV and V) g after EPA (Tasks IV and V) comment on Draft RFI Report Laboratory and Bench-Scale Studies Concurrent with (Task VI) Final
- RFI Report Pr
- gress Reports en Tasks I threugh VI ! Quarterly
_ _ - - _ _ __ ._.= _ _ _ _ __ -_ ... ___.__ ___ -.....__ _ __ _ . _ _ . . _ . . . . _ . . _
ATTACHMENT II SCOPE OF WORK TOR 10RRECTIVT MEASURES STUDY At WESTERN NEW YORK SERVICE CEN_ER CORRECTIVE MEASURE STUDY Task VIII: Identification and Development of the Corrective Measure Alternative or Alternatives Task IX: Evaluation of the Corrective Measure A'tirnative or Alternatives Task X: Justification and Recorrendation of the Corrective Measure or Measures Task XI: Reports
1 SCOPE OF WORT FOR A CORRECT!vT MEASURE STUDY AT WESTERN FEW YORK NUCLEAR SERVTCE CENTER PURPOSE The purpose of this Corrective Measure Study (CES) is to develop and evaluate the corrective act'..cn alternative or alternatives and to recon =end the corrective measure or measures to be taken at the Western New York Nuclear Jervice Center. The Respondent (the ter: Respondent whenever tsed in this Attachment shall include both the Few" York State Energy Research and Development Authority (EPA ID Number NYD986905545) and the United States Department of Energy (EPA ID Number NYD980779540) vill furnish the personnel, materials, and services necessary to prepare the corrective measure study, except as otherwise specified.
FCOPE The Corrective Measure Study consists of four tasks:
Task VIII:!dentification and Development of the corrective Measure Alternative or Alternatives A. Description of Current Situation B. Establishment of Corrective Action Objectives C. Screening of Corrective Measures Technologies D. Identification of the Corrective Measure Alternative or Alternatives Task IX: Evaluation of the Corrective Measure Alternative cr Alternatives A. Technical / Environmental / Human Health / Institutional B. Cost Estimate Task X: Justification and Reccamendation of the Corrective Measure or Measures A. Technical B. Environmental C. Hu=an-Health Task XI: Reports A. Progress B. Draft C. Final em-e m -- -e
1 1
4 TASK VIII: IDENTIFICATION AND DEVELOPMENT OF THE CORRECTIVE ACTION ALTERNAT!?E OR ALTERNATIVES Eased on the results of the RCRA Facility Investigation and consideration of the identified Preliminary Correceive Measure Technologies (Task II), the Respondent shall identify, screen, and develcp the alternative or alternatives for removal, containment, treatment, and/or other remediation of the contamination based on the objectives established for the corrective action.
A. Description of current Situation The Respondent shall submit an vpdate to the information describing the current situation at the combined facility and the known nature and extent of the contamination as documented by the RCRA Facility Investigation Report. The Respondent shall provide an update to information presented in .ask I of the RFI to the Agency regarding previous response activities and any interin measures which have or are being implemented at the combined facility. The Respondent shall also make a facility-specific statement of the purpose for the response, based on the results of the RCRA Facility Investigatien. The statement of purpose should identify the actual or potential exposure pathways that should be addresseo by corrective measures.
B. Establishment of corrective Action obiectives The Respondent, in cenjunction with the U.S. EPA, shall establish site specific objectives for the corrective action. These objectives shall be based on public health and environmental criteria, information gathered during the RCRA Facility Investigation, EPA guidance, and the requirements of any applicable Federal statutes. At a minimum, all corrective actions concerning ground water releases from regulated units must be consistent with, and as stringent as, those required under 40 CFR 5 264.100.
C. Sepeenine of Corrective Measure Technolocies The Respondent shall review the results of the RCRA Facility Investigation and reassess the technologies specified in Task II and identify additional technologies which are applicable at the combined facility. The Respondent shall screen the preliminary corrective measure technologies identified in Task II of the RCRA Facility Investigation and any supplemental technologies to eliminate those that may prove infeasible to implement, that rely on technologies unlikely to perform satisfactorily or reliably, or that do net achieve the corrective measure objective within a
3 reasonable time period. This screening process focuses on eliminating those technologies which have severe limitations for a given set of waste and site-specific conditicns. The screening step may also eliminate technologies based on inherent technology limitations. Site, waste, and technology characteristics which are used to screen inapplicable technologies are described in nore detail below: .
- 1. Site Characteristics Site data should be reviewed to identify conditions that may limit or proncto the use of certain technologies. Technologies whose use is clearly precluded by site characteristics should be elininated from further censideration;
- 2. Waste Characteristics Identification of waste characteristice that limit the effectiveness or feasibility of technologies is an important part of the screening process. Tochnologies clearly limited by these vaste characteristics should be eliminated fron consideration. Waste characteristics particularly affect the feasibility of in-citu nethods, direct treatment methods, and land disposal (on/off-site); and
- 3. Technology Limitations During the screening procers, the level of technology decelopment, perfornance record, and inherent construction, operation, and maintenance problems should be identified for each technology considered.
Technologies that are unreliable, perform poorly, or are not fully denenstrated nay be eliminated in the screening process. For example, certain treatment methods have been developed to a point where they can be implemented in the field without extensive technology transfer or developaent.
D. Identification ef the corrective Measure Alternative or Alternatives The Respondent shall develop the Corrective reasure alternative.or alternatives based on the corrective action j objectives and analysis of Preliminary Corrective Measure Technologies, as presented in Task II of the RCRA Facility investigation and as supplemented following the preparation of the RFI Report. The Respondent shall rely on engineering practice to determine which of the previously identified technologies appear most suitable for the site.
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4 i . Technolcaies can be ecmtined to forn the overall corrective action aiternative or alternatives. The. alternative or alternatives developed should represent a workable nur.ber of option (s) that each appear to adequately address all site problems and corrective action objectives. Each alternative may concist of an individual technology or a combination of technologies. The Respondent shall document-the reasons for excluding technologies, identified in Task II, as supplenented in the developnent of the alternative or alternatives.
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, TASK TX: EVALUATION OF THE CORRECTIVE MEA.fURE ALTERNATIVE OR ALTERNAT!vtB The Responden* shall describe each corrective measure alternative that passes turough the Initial Screening in Task VIII and evaluate each corrective measure alternative and its components.
The evaluation shall be based on technical, environmental, human health, and institutional concerns. The Respondent shall also develop ccst est!=ates of each corrective measure.
A. Technical / Environmental /Hunan Health / Institutional The Respondent shall provide a description of each corrective measure alternative which includes, but is not limited to, the following: preliminary process flow sheets; preliminary sizing and type of construction for buildings and structures; and rough quantities of utilities required.
The Respondent shall evaluate each alternative in the four following areas: ,
- 1. Technical; The Respondent shall evaluate each corrective measure alternative based on performance, reliability, implementability and safety,
- a. The Respondent shall. evaluate performance based on the effectiveness and useful life of the corrective measure:
- 1) Effectiveness shall be evaluated in terms of the ability to perform intended functions, such as containment, diversion, removal, destruction, or treatment. The effectiveness of each corrective measure shall be determined either through design specifications or by perforrance evaluation.
Any specific waste or site characteristics which could potentially impede effectiveness shall be considered. The evaluation should also consider the eftectiveness of combinations of technologies; and it) Useful life is defined as the length of time the level of effectiveness can be maintained.
Most corrective measure technologies, with the exception of destruction, deteriorate with time, often,-deterioration can be
( slowed through proper system operation and l
maintenance, but the technology eventually L may require replacement. Each corrective measure shall be evaluated in terms of the i
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. _ _ . _ _ . . _ _ _ _ . . _ ______._-___m. _. _ . . . _ . . _ . - .-
6 projected service lives of its component technologies. Resource availability in the future life of the technology, as well as appropriateness of the technologies, aust be
. considered in estimating the useful life of the project.
- b. The Respondent shall provide infornation on the reliability of each corrective measure including their operation and maintenance requirements and their demonstrated reliability:
i) operation and naintenance requirements include the frequency and complexity of necessary cperation and maintenance Technologies requiring frequent or :omplex operation and maintenance activities should be regarded as less reliable than technologies requiring little or straightforward operation and maintenance.
The availability of labor and materials to meet these requirements shall also be considered; and
- 11) Demonstrated and expected reliability is a way of neasuring the risk and effect of failure. The Respondent should evaluate whether the technologies have been used effectively under analogous conditior.a whether the combination of technologies have been u.ed together effectively; whether failure of any one technology has an it=ediate impact on receptors; and whether the corrective 7 sure has the flexibility to deal with uncor - liable changes at the site.
- c. The Respondent shal3 1escribe the implementability of each corrective nuasure including the relative ease of installation (constructability) and the time required to achieve a given level of response:
- 1) Constructability is determined by conditions both internal and external to the facility conditions and include such items as location of- underground utilities, depth to water-table, heterogeneity of subsurface materials, and location of the f acility (1.g. , renote location vs. a congested urban ar'a). e The Respondent shall evaluate what measures can be taken to facilitate construction under these conditions. External factors which Y
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affect inple=entation include the need for special permite or agreements, equipment ;
availability, and the location of suitable :
off-sito treatment or disposal facilities; and ;
i
- 11) Timo has two ccmponents that shall be {
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addressedt the time it takes to implacent a correctivs neasure and the time it takes to actually see beneficial results. . Beneficial results are deffnod as the reduction ef ,
contaminants to so=a acceptable, ;
3 pre-established level. !
i d. The Respendent shall evaluate each corrective neasure alternative with regard to safety. This evaluation shall include threats to the safety of nearby cemmunitics and environnonts as well as '
those to workers during impiccantation. Tactors to consider ara tiro, explocion, and exposure to hazardous substancos.
- 2. Environcontal; The Respondent shall perform an Environ = ental Ascossment ftr each alternativa. The Environnental .
Assessment shall focus on.the facility conditions and pathways of centamination actually addressed by each alternati're. The Enviren= ental Assessment for each alternative will include, at a minimum, an evaluation oft the short and long term beneficial and adverse .
effects'of the response alternativn; any adverse effects on environmentally sensitive areas; and an analysis of reasures to mitigate adverse effects.
- 3. Humat Health; and The kespondent shall assess-eacn alternative in terns ,
of the extent to which it ritigates short and long' tern potential exp:sure to any residual contamination and
, protects human health both during and after ,
implementation the corrective measure. The assessment l will describe the levels and characterizations of contaminants on-site, potential exposure routes, and potentially affected pcpulations. Each alternative will be evaluated to determine the level of exposure to contamintnts and the reduction over. time. For management'of mitigation neasures, the relativo raduction-of i= pact will be determined by comparing residual-levels of each alternative with existing criteria, standards, or guidelines acceptsble to-EPA.
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- 4. Institutional.
The Respondent shall assess rolovant institutional needs for each alternativo. Specifically, the effects of Foderal, Stato and local environmental and public l health standacds, regulations, guidanco, advisories, '
ordinances, or community relations on the design, ;
operatica, and timing of each alternativo.
D. Cost Estimate The Respondent shall develop an estimate of the cost of each corrective measure altornative (and for each phase or j segment of the alternativo) . The cost estimato rhall include both capital and operation and maintonance costs.
- 1. Capital costs consist of direct (construction) and indirect-(non-construction and overhead) costs.
- a. Direct capital costs include:
- 1) Construction costs: Costs of natorials, labor-(including fringo bonarits and workoris compensaticn), and equipment required to install the corrective measure.
ii) Equipment costs: Costs of treat =ont, containment, disposal, and/or servico ;
aquipment necessary to inplement the actioni those materials remain until the corrective action is complete; iii) Land and sito-development costs: Expenses associated with purchase of land-and develepment of existing property; and ;
^
( iv) Buildings and services costs: Costs of process and non-process buildings, utility connections, purchased- nervices, and disposal
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L b. Indirect capital costs include:
- 1) Engineering expenses: Costs of-I administration, design, construction supervision, drafting, and testing of corrective measure alternativos:
- 11) Legal fees and license or permit costst
. Administrativo and technical costs necessary L to obtain licensos and permits for installation and operation; 1
_ . - . . . - . . - _ _ _ . _ . _ - _ _ . - - _ = -- -
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, iii) Start-up and shakedown costo Costs incurred during corrective neasure start-up; and j
- iv) Contingency' allowances: runds to cover costs resulting from unforeseen circu= stances, such as adverse weather conditions, strikes, and inadequate f acility characteriaation. '
- 2. operation and maintenance costs are post-construction costs neces.sary to ensure continued effectiveness of a l corrective measure. The Respondent shall consider the ,
following operation and naintenance cost components
- a. Operating labor costs: Wages, salaries, training, ;
overhead, and fringe benefits associated with the !
, labor needed for post-construction operations;
- b. Maintenance natorials and labor costs: Costs for labor, parts, and other resources required for routine maintenance of f acilities and equipments
- c. Auxiliary caterials and energy: costs of such
- itens as chenicals and electricity for treatment plant operations, water and sewer service, and fuel;
- d. Purchased services: Sampling costs, laboratory fees, and professional fees for which the need can '
E be predicted;
, e. Disposal and treatment costs: costs of transporting, treating, and disposing of vaste i naterials, such as treatment plant residues, generated during operatiens;
- f. Adninistrative costs: Costs associated with i administration of corrective- neasure operation and maintenance not. included under other categories;
! g. la.aurance, taxes, and licensing costs: costs of l
such items as liability and sudden accidental L insurancer real estate taxes on purchased land or l rights-of-way; licensing fees for certain
': technologies; and permit renewal and reporting i _- costot t
- h. Maintenance reserve and contingency funds: Annual parnents into escrow funds to cover (1) costs of anticipated replacement or rebuilding of equipnent and (2) any large unanticipated operation and-maintenance costs; and
_____._____.__2.___. _ _ _ _ _ _ _ _ _ _ _ . = _ _ _ . _ . . . _ . _ . . _ . ~ , . . - . .
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- 1. Other costs: Iterns that do not fit any of the above categories.
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11 TASK X JUSTIFICATIoft AND rec 0MMENDAI. ION OF THE g.ORRECTIVE MEASURE OR HEASURED The Respondent shall justify and reconnend a corrective naasure alternative using technical, human health, and environmental criteria. This reconnendation shall include sunnary tables which ,
allow the alternative or alternatives to be understood easily.
Tradeoffs among health risks, envirennental effects, and other pertinent factors shall be highlighted. The U.S. epa will select the corrective measure alternative or alternativos to be inplemented based on the results of Tasks IX and X. At a nininun, the following criteria will be used to justify the final ,
corrective measure or'nessures. >
A. Technical
- 1. Performance - corrective measure or measures which are nest effective at perforning their intended functions and naintaining the perfernance over extended periods of time will be given proferencer ,
- 2. Reliability - corrective reasure or noasures which do not requiro frequent or cenplex operation and maintenanco activitics and that have proven effectivo under wasto and facility conditions siniinr to those anticipated will be given preference
- 3. I=plementability - corrective measure or measures which can be constructed and operated to reduce lovols of contamination to attain or exceed applicable standards in the shortest period of time will be preferred; and
- 4. Safety - corrective measure or reasures which pose the least throat to the safety of nearby residents and .
environnents as well as workers during implementation will be preferred.
B. Human Health The corrective neasure or reasures nust comply with existing U.S. IPA criteria, standards, or guidelines for the protection of human health. Corrective neasures which provide the mininun level of exposure to contaminants and the maxinun reduction in exposure with time are preferred.
C. Environmental The corrective neasure or reasures posing the 1 cast adverse inpact (or greatest inprovement) over the shortant period ef time on the environment will be favored.
12 IARK XIt REPORTS The Respendent shall preparo a correctivo Haasure Study Report presenting the results of Tank VIII through X and recommending a corrective measure alternativo.
A. - Proortag The Rospondent shall, at a minimum, provido the U.S. EPA with signed,-quarterly progross reports containing:
- 1. A description and estimato of the percentage of the CMS completod;~ 4
- 2. Summarios of all findings;
- 3. Summarios of all changes made in the CMS during the reporting period; .
- 4. Summarios of all contacts with representativos of the local community, public interest groups or Stato government during the reporting period;
- 5. Summaries.of all problems or potential problems encountered during the reporting period;
- 6. Acticns being taken to rectify problems;
- 7. Changos in personnel during reporting period;
- 8. Projected work for the next reporting period; and
- 9. Copios of daily reports, inspection reports, laboratory / monitoring data, etc.
B. Draft s T!.e Report shall.at a minimum include i i
- 1. A description of the facility;
- a. Site topographic map & pro 13minary layouts.
- 2. A summary of the corrective measure or measures;
- a. Description of the corrective measure or measures and rationale for selection;
- b. -Performance expectations;
- c. Preliminary design critoria and rationales 9
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- d. General operation and maintenanco requironentst and o.
Long torn monitoring requirements.
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- 3. A Jun=ary of the RCRA Facility Investigation and impact ,
L on the selected correctivo nessure or noasurest l 1
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- a. Field studios (grcund water, surfaco water, soil, air); and ;
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- b. Laboratory studion (bonch scale, pick scalo).
- 4. Design and I=plomontation Precautions;
- a. Special technical problems; ;
- b. Additional engincoring data requirod; !
- c. Permits and regulatery requirementst
- d. Access, easements, right-of-way; I
- c. Health and safoty requirementsv and
- f. Cenmunity relations activities. ;
- 5. Cost Estinates and Schedules;
- a. Capital cost estinator
- b. Operation and maintenance cost estinato; and i
- c. Project schedule (design, construction, cperation).
C. Final f The Respondent shall finalite the Corrective Measure Study.
Report incorporating comments received from EPA on the Draf t Corrective Measure Study Report.
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1 l 14 A summary of the infer =ation reporting requirements contained in the Corrective ficasure Study Scope of Work is presented belows (lioTE: Duo dates are calculated from the offectivo dato of this order, unless othersise specified.)
ZApJlity Dubpission Du_o Date Draft CMS Workplan itinnty (90) days after EPA liotification Tinal CliS Workplan Sixty (60) i days after EPA comments on
. Draft Workplan i
Draft CMS Report As approved (Tasks VI!!, IX, and X) in Workplan Final CMS Report Sixty (60) days after Public anc PA I comment on the Draft CMS Progress Reportn on Tasks VIII, IX, and X ! Quarterly
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OVERSIZE l l DOCUMENT -
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