iNATIONAL OIL AND HAZARDOUS SUBSTANCE CONTINGENCY PLAN

THE NATEGNAL PRIORITIES LIST REVISIONS: AMENDMENT

PROPOSED ROLE FGHLtEC DOCKET TNTKX — UHDRTE #10

54 PR 43778 - 10/26/89

NPD-U10

DOOCHENT INDEXCKEEBGEOr EZ CSNCMBER DOCCMEyP CATOgpRy NOMBER

NPIr UlO-1 JbMJ£KAL REJGECSTER NOTICES 1-2

NPLHJ10-2 25 HAZARD RANKING SYSTEM EAOKAGES INCLUDING;NARRATIVE SUMMARIES, HRS WDRKSHEBIS, __DOCUMENllAl'ION RECORDS, BIBLEOQRAIHY OF REFERENCEDOCQMEMIS AND LISTING POLICY SUPPORT DOCUMENTS 3-5

NPIrU10-3 PUBLIC GCM1EMTS REGARDING THE NPL UPDATE #10 6 - 66

NPIHJ1O-4 PRESS MATERIALS 7

MPL-U10-5 UPDATE #10 NPL GUIDANCE DOCUMENTS 8

NPL-U10-6 UPDATE #10 SOCRE LISTS 9

NPIHJ10-7 '" BEGICNAL TRANSMEITAL MEMORANDA. (REGARDING PROPOSAL OF SITES) 10-11

1NPI/-U10-8 CCS RESPONDENCE/CXXflJNICATIGNS 12 - 12A

l JPL-UlO-9 NAME CHANGES 13

NPLrUlO-10 RESPONSE TO COMMENTS (SUPPORT DOCUMENT)/ (AgKNQWrKl TGMtnfj* r LETTERS) 14

f

' ADDrnONAL SUPPORTING MATERIAL 15

OTMMU/ISJ RBSVRDDIG NPIJ mvyn? iio (NPirmo—3)

NPIH310-3-L23-R3 Jchn P. Judge, Attorney, Cohen, Sha iro, Polisher, "4/18/90Shiekman, & Ochen law Firm (6/15/90) 258 pages.Re: Dublin TCE Site

Dublin Borough, PA

NPIHJ10-3-L24-R6 Jferk L. Johnson, Ifenager, Environment, Hfealth & 6/14/90Safety, Monroe Auto Equipment (5/18/90) 8 pages.Be: Mcairxse Auto Equipment (Paragould Pit)

Paragould, AR

ARIOI226

COHEN, SHAPIRO, POLISHER, SHIEKMAN AND COHEN ' /tL)PSFS BUILDING, 12 SOUTH I2TH STREETPHILADELPHIA, PENNSYLVANIA I9IO7-398I

INETT L. MRON& JEFFREY IVAN PASEK-A (215) 922-I3OO ANDREW C. ABRAMS- THERESA M. KIHKPATRICK-:RT L. BLACKSBERG RICHARD B. PEARL MICHELLE BANKS-SPEARMAN- STEWART H. LAPAYOWKER-iRDA.BLUM EDWARD N. POLISHER TELECOPIER: (215) 392-4329 DAISY B BARRETO* JOHN F. LICAHI*

... -..->J. BROOMAN- ROSLYN G. POLLACK RITA M. BOSELLI- LINDA A. LIGHTMAN^tREMO J. BUT ERA ELLEN RADOW- CABLE: COSAC DAVID W BUZZELL- WILLIAM D. MARVINSYLVAN M. COHEN HERSHEL J. RICHMAN VERNON R. BYRD. JR. C. SCOTT MEYERHOWARD J. EICHENBAUM- PHILIP M. SHIEKMAN A ———— CLARE M DIEMER- LORI A. MILLS-LEONARD FIUHMAN- RICHARD M. SQUIRE . MARK A. DROGAUS- JOEL P. PERILSTEIN*ROBERT FREEDMAN ERIC L. STERN NEW JERSEY OFFICE JAMES G FEARON-A STEVEN M. PLON*DAVID J. GOLOBERG-t STEPHEN C. SUSSMAN OBIM»-CTOIU OIKC- r. o= =A-rr rL.-rm CAROLYN M. FRAME- LAURIE H. POLINSKY*ROBERT E. GOLDSMITH ROBERT I. TUTEUR PRINCETON PIKE CORPORATE CENTER LOUIS GIANSANTE- HAROLD ROSENRICHARD J. GOLDSTEIN- WILLIAM L. WARHEN-^t IOO9 LENOX DRIVE BUILDING FOUR MICHAEL H. CLUCK- ROBERT ROSE-GREGORY Gj GOSFIELO RICHARD N. WEINER IOO9 LENOX DRIVE-BUILDING FOUR ROBERTA A. GOLDEN KENNETH D. RUBIN-AtDAVID GUTIf<* DIANE ROSECRANS WENDER UAWRENCEVILLE NEW JERSEY OBGAB CURTIS L. GOLKOW- PAUL J. RUSSONIELLO*NEIL K. HAIMM-a MARCIA J. WEXBERG UAWRENI-tVILLt. NEW JERSt Y UH6«B MURIEL L. GOODE- D.G. PETER SARSFIELD-tANDREW S. HILLMAN _____ (6O9) 895-I6OO LORETTA GRENNON- WILLIAM A. SHIHLEY-E. BURTON RERR- ___ HAROLD L. GRODBEHG- STEPHEN H. SIEGEL-ALAN KLEIN ' OF COUNSEL ——— ROBERT L. GRUNDLOCK. JR.- TODD SOLODAR-MURRAY J. KLEIN- VINCENT E. GENTILE-^t SPECIAL LITIGATION COUNSEL BRUCE S. HAINES- AMY F. STEERMAN-MICHAEL J. KLINE- ROXANNE E. JAYNE- MORRIS M SHUSTER KIMON C. HATZA MARK A. STEVENS-JANET S. KOILE IVAN J. PUNCHATZ-t ' ERIC A. HEINZ- JEANNE M. STIEFEL-JUDAH I. LAI10VITZA COUNSEL RICHARD HERNANDEZ LESLIE M. THOMANSUSANNA E.LACHS GEORGE WARREN-At SUSAN E. HOFFMAN- FRANCES M. VISCOROBERT LAF'OWSKY- ' ADMITTED IN NEW JERSEY LINDA T. JACOBS- DEAN E. WEISGOLD*ALAN M. LE^NERA ^ADMITTED IN NEW YORK JOHN P. JUDGE* MARSHA S. WOLF-JONATHAN L. LEVIN t NOT ADMITTED IN PENNSYLVANIA SHERRY A. KAJDAN ROBERT J. YARBROUGHBRUCE LUBITZ*t • ADMITTED IN MISSOURI ONLY SARA BETH KALB& STEPHEN V. YARNELL

DIRECT DIAL: 351 — 2054 REPLY TO:

June 15, 1990

FEDERAL EXPRESS

Larry ReedActing DirectorHazardous Site Evaluation DivisionOffice of Emergency and Remedial Response(OS-230)United States Environmental Protection Agency401 M Street, S.W.Washington, D.C. 20460

RE: Dublin, Pennsylvania TCE SiteProposed National Priorities List

Dear Mr. Reed:

On behalf of Sequa Corporation, enclosed please find intriplicate, the Supplemental Public Comment of SequaCorporation to Proposed Listing of Dublin, Pennsylvania TCESite on the National Priorities List.

In addition, this is to confirm that a meeting will beheld on June 25, 1990 at 1:00 P.M. with yourself and theappropriate members of your staff to discuss the proposedlisting of this site. Sequa Corporation will be represented byfour individuals; a representative of Geraghty & Miller,in-house technical staff and counsel.

LAW OFFICES

COHEN, SHAPIRO, POLISHER, SHIEKMAN AND COHEN

Page 2June 15, 1990

Thank you for your consideration in this matter.

JPJ:dk

Enclosure

cc: (w/encl.) Pat Anderson, U.S. EPA, Region III, SE PARemedial Section ChiefBen Mykajewicz, U.S. EPA, Region III,Pre-Remedial Site Assessment Section ChiefBrigette Hoffman, Director, PA DER,Hazardous Sites Cleanup ProgramLeon Gonshor, PA DER, Norristown RegionalOffice Director

ARI01228

Supplemental Public Comment ofSequa Corporation to Proposed Listingof Dublin, Pennsylvania TCE Site on

National Priorities List

This comment is submitted by Sequa Corporation ("Sequa") to

the United States Environmental Protection Agency ("EPA") as a

supplement to the Public Comment of Sequa Corporation to Proposed

Listing of Dublin, Pennsylvania TCE Site on National Priorities

List, submitted to EPA on December 20, 1989 ("Comment"). As

explained in the Comment, at pages 8-10, Sequa has been

cooperating with the Commonwealth of Pennsylvania Department of

Environmental Resources ("DER") for over one year pertaining to

the further investigation and remediation of the site proposed for

listing. These efforts have culminated in the enclosed Exhibit

"5", a Consent Order and Agreement executed between the DER and

Sequa Corporation ("COA").

Significantly, paragraph 2 of the COA requires Sequa to

complete remedial investigatory work at the site. Following

completion of the the remedial investigatory work, Paragraph 3 of

the COA requires Sequa to submit a Recommended Remedial Action to

DER which must address the contaminated groundwater and provide

for a water distribution system. Under the COA, DER can reject

and/or modify the Recommended Remedial Action as proposed by Sequa

and Sequa will be bound to comply therewith, subject to limite

dispute resolution rights as provided in paragraph 4.

To date, Sequa has completed Tasks 1-6 of the Work Plan

attached as Exhibit "A" to the COA, and has submitted to DER a

report entitled "Results of Source Investigation 120 Mill Street

Site, Dublin Borough, Pennsylvania", a copy of which is enclosed

herein as Exhibit "6".

As previously articulated in the Comment, the HRS score for

the site as prepared by NUS Corporation is artificially high, and

the site therefore, should not be listed. In addition, given the

requirements of the COA, it would appear to be an unnecessary and

wasteful use of limited federal resources to list this site on the

National Priorities List. As the mechanism is already in place to

provide for the investigation and remediation of the site, it

would appear to be doubly wasteful, in terms of time to subject

the site to a needless overlay of additional studies designed to

determine what may be an appropriate remediation measure. The

investigation and remediation can be performed pursuant to the

schedule attached as Exhibit "B" to the COA. In contrast, the

unnecessary listing of the site on a National Priorities List will

most likely result in a significant delay to remediation of the

site, without any additional benefit.

ARIOI230

fffffedjCOMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OP ENVIRONMENTAL RESOURCES

In the Matter of:

SEQUA CORPORATION : Borough of DublinHillcrest Towers : TCE Contamination7162 Reading Road :Cincinnati, OH 45237 :

CONSENT ORDER AND AGREEMENT

This Consent Order and Agreement is entered into this ^ dayeof May, 1990 by and between the Commonwealth of Pennsylvania,

Department of Environmental Resources (hereinafter "Department") and

SEQUA Corporation (hereinafter "SEQUA").

A. The Department is the agency with the duty and authority to

administer and enforce the Clean Streams Law, Act of June 22, 1937,

P.L. 1987, as amended, 35 P.S. S 691 1 et. sea. ("Clean Streams Law");

Section 1917-A of the Administrative Code of 1929, Act of April 9,

1929, P.L. 177, as amended, 71 P.S. S 510-17 ("Administrative Code")?

and the rules and regulations promulgated thereunder.

B. John H. Thompson is the present owner and occupier of theI

property located at 120 Mill Street in Dublin, Pennsylvania ("Site").

The Site consists of a one-story brick building on approxii iRe|l§

* EXHIBIT "51

and one-half acres of land surrounded on all sides by private property

or a public street. The Site bounds are more particularly described

in a deed from Bucks County Industrial Development Authority and

Athlone Industries, Inc. to John H. Thompson, dated January 30, 1986,

recorded in the Bucks County Office of Recorder of Deeds, Deed No.

2659, Page 505.

C. Over the past three decades, the Site has been owned by the

following individuals or companies: Kollsman Motor Company (Kollsman)

(1959-1972); Bucks County Industrial Development Authority and Athlone

Industries (1972-1986); and Thompson (1986-present).

D. SEQUA Corporation is a corporation doing business in the

Commonwealth of Pennsylvania with a business address of: C.T.

Corporation System, 123 South Broad Street, Philadelphia, PA 19109.

SEQUA is the successor to the Kollsman Instrument Corporation whose

subsidiary, Kollsman Motor Company (Kollsman), owned the Site from

1959-1972.

E. At some point or points over the last three decades,

trichloroethylene (TCE) has been dumped,- leaked, spilled, or otherwise

discharged from the site either directly into the waters of the

Commonwealth or onto the ground and thence into the waters of the

Commonwealth in violation of Sections 401 and 611 of the Clean Streams

Law, 35 P.S. SS691.401 and 610.611. This conduct also constitutes a

public nuisance pursuant to Section 503 of the Clean Streams Law, 35

P.S. S691.503.ARIOI232

F. In the summer of 1986, the Bucks County Health Department

discovered levels of TCE up to 1000 ppb in 23 tap water samples in the

vicinity of the Site.

G. Several studies of the groundwater in the vicinity of the!

Site including one by BCM Eastern, Inc. and another by Geraghty &

Miller, Inc. have postulated the existence of a TCE groundwater plume

extending from the Site in a northwesterly direction.

H. The condition described in Paragraphs E,F, and G above, show-

that pollution or a danger of pollution is resulting from a condition

which exists on land within the Commonwealth.

Both the Department and SEQUA desire to resolve the foregoing

matters without resorting to the expense of further litigation and in

an effort to remediate the TCE groundwater contamination in an

effective and expeditious manner.

Order

After full and complete negotiation of all matters set forth in

this Consent Order and Agreement and upon mutual exchange of covenants1

contained herein, the Department and SEQUA intending to be legally

bound, it is hereby ORDERED by the Department and AGREED to by SEQUA

as follows:

ARI01233

1. This Consent Order and Agreement is an Order of the

Department authorized and issued pursuant to Section 316 of the Clean

Streams Law, 35 P.S. §691.316, and Section 1917-A of the

Administrative Code, 71 P.S. §510.17. The failure of SEQUA to comply

with any term or condition of this Consent Order and Agreement shall

subject SEQUA to all penalties and remedies provided by those statutes

for failure to comply with an order of the Department.

2. In order to investigate and abate the groundwater

contamination problems at or near the site, SEQUA is hereby ordered to

comply with the tasks described in the attached Workplan as approved

by the Department on October 31, 1989 and March 28, 1990 (attached as

Exhibit "A"), including the Projected Schedule for Bedrock Aquifer

Investigation ("Schedule") (attached as Exhibit "B"). The attached

Workplan and Schedule are incorporated into and made an operative part

of this Consent Order and Agreement.

9?3. Within U days of approval by the Department of the report

required by Task 8 as described on page 15 of the attached Workplan

(referenced as Tasks 8 - 8(b)' in the Schedule), SEQUA shall submit to

the Department a Recommended Remedial Action which shall address the

contaminated groundwater and provide for a water distribution system

and shall contain a schedule for implementation. The Department shall

review the submittal and shall issue a Decision either approving or

modifying the submittal. Within thirty (30) days of the Department's

Decision, subject to Paragraph 4 below (relating to Dispute

Resolution), SEQUA shall initiate implementation of the re

the Recommended Remedial Action, as approved or modified| *• *• -i >*"r»K, ..«

apartment's Decision, and SEQUA shall thereafter complete the

requirements of the Recommended Remedial Action, as approved or

modified by the Department's Decision, in accordance with the

schedules contained therein. The implementation schedules may be

modified as deemed appropriate by the Department if delays inobtaining necessary approvals from other governmental authorities or

delays in obtaining site access are encountered.

4. Dispute Resolution:

(a) If SEQUA wishes to dispute the Department's Decision

modifying the requirements of the Recommended Remedial Action,

including any scheduled dates of implementation contained therein,

EQUA may, within thirty (30) days of issuance of the Department's

Decision, file an Appeal with the Environmental Hearing Board for

resolution of the dispute pursuant to this Paragraph. If SEQUA files

an Appeal pursuant to this Paragraph, the issue for the Board shall be

limited to whether the Decision of the Department was arbitrary or

capricious, and SEQUA shall have the burden of proving that the

Department's Decision was arbitrary or capricious.

i|

(b) If SEQUA files an Appeal pursuant to Subparagraph (a) of

this Paragraph, any scheduled implementation deadlines associated with

the Recommended Remedial Action, as modified by the Department's

Decision, shall be stayed if SEQUA obtains a supersedeas of the

Department's Decision from the Board. In addition, notwithst

the absence of a supersedeas, if the Board resolves the Appeal by

the Department's Decision was arbitrary or

capric., o»"*all scheduled implementation deadlines associated with the

Recommended Remedial Action, as modified by the Department's Decision,

shall be stayed between the time of Appeal and the Board's decision.

However, if SEQUA does not obtain a supersedeas and if the Board

affirms the Department's Decision, SEQUA shall pay a civil penalty in

the amount of $200.00 per day for each day during the Appeal period in

which SEQUA fails to comply with a scheduled implementation deadline.

5. Stipulated Penalties

(a) Subject to the provisions of Paragraph 11, in the event that

SEQUA fails to comply in a timely manner with any term or provision of

this Consent Order and Agreement, SEQUA shall be in violation of this

Consent Order and Agreement and, in addition to other applicable

remedies, shall pay a civil penalty in the amount of $500.00 per day

for each violation. The penalty shall be due automatically and

without notice. Such penalty payments shall be payable monthly on or

before the fifteenth day of each succeeding month and shall be made by

corporate check payable to the Clean Water Fund and forwarded to the

regional Water Quality Manager at the Bureau of Water Quality

management, 1875 New Hope Street, Norristown, PA.

(b) It is understood by SEQUA that payment of any money hereunder

shall neither constitute a waiver of SEQUA's duty to meet its

obligations under this Consent Order and Agreement nor preclude the

Department from commencing an action to compel SEQUA's compliance with

the terms and conditions of this Consent Order and

I' u

pplicable statute, rule, regulation, permit or order of the ..„,. .7 f-

Department.

(c) The penalties provided in this Paragraph shall not apply to a

failure by SEQUA to comply with any term or provision of this Consent

Order and Agreement by reason of its appeal of the Department's

Decision to the Environmental Hearing Board pursuant to Paragraph 4

above.

6. Nothing set forth in this Consent Order and Agreement is

intended, nor shall it be construed, to relieve or limit SEQUA's

obligation to comply with any existing or subsequent statute,

regulation, permit or order. In addition, nothing set forth in this:onsent Order and Agreement is intended, nor shall it be construed, to

authorize any violation of any statute, regulation, order, or permit

issued or administered by the Department.

7. The Department specifically reserves all rights to enforce

this Consent Order and Agreement and to institute equitable,

administrative, civil, and criminal actions, and actions to recover

civil and criminal penalties and fines (1) for any past, present, or

future violation of any statute, regulation, permit, or order; or

(2) for any pollution or potential pollution to the air, land, or

waters of this Commonwealth. These rights are cumulative and the

exercise of one right does preclude the exercise of any other.

HRIOI237

SVbEQUA's faille to COmply with any provision of this Consent

Order and Agreement shall be deemed a material breach/ and in the

event of any such breach, the Department may, in addition to the ,

remedies prescribed herein, proceed with any action at law or in

equity to bring about compliance with the applicable statutes, rules

and regulations, permits, orders, and this Consent Order and

Agreement.

9. This Consent Order and Agreement shall apply and be binding

upon SEQUA, its assigns, successors, directors, officers, agents,

managers, servants and privies and upon all persons, contractors and

consultants acting under or for SEQUA.

10. All correspondence with the Department concerning this

Consent Order and Agreement shall be addressed to:

Regional Water Quality ManagerPA Department of Environmental ResourcesNorristown Bureau of Water Quality Management1875 New Hope StreetNorristown, FA 19401

All correspondence with SEQUA concerning this Consent Order and

Agreement shall be addressed to:

Jeffrey Teitel, Esquire and Mr. Donald S. BuninSEQUA Corporation Vice President - SEQUA Corp.200 Park Avenue Hillcrest TowersNew York, N.Y. 10166 7162 Reading Road

Suite 713Cincinnati, OH 45237

ftRIOi2388

11. Force Majeure:

(a) In the event that SEQUA is prevented from complying in a

timely manner with any time limit imposed in this Consent Order and

Agreement solely because of a strike, fire, flood, Act of God, ori

other circumstances entirely beyond its control and which SEQUA, by

the exercise of all reasonable diligence, is unable to prevent ori

mitigate, then SEQUA may petition the Department for an extension of

time. An increase in the cost of performing the obligations set forth

in this Consent Order and Agreement shall not constitute a force

majeure event. SEQUA expressly agrees that its economic inability to.

comply with any of the obligations of this Consent Order and Agreement

shall not be grounds for any extension of time otherwise available

under this paragraph.

(b) SEQUA shall only be entitled to the benefits of this

paragraph if it notifies the Department within two (2) days byi *

telephone and within ten (10) days in writing of the date it becomes

aware or reasonably should have become aware of the event impeding

performance. The written submission shall include all related

documentation, as well as an affidavit from a responsible corporate

official specifying the reasons for the delay, the expected duration

of delay, and the efforts which have been made and are being made to

minimize the length of the delay. SEQUA's failure to comply with theI

notification requirements of this paragraph specifically and in a

timely fashion shall render this paragraph null and of no effect as to

the particular incident involved. R D t fi

(c) SEQUA shall have the burden of proof as to the justification

for an extension and the length of such extension pursuant to this

paragraph, both to the Department and in the event the matter results

in litigation. Such burden of proof shall be by clear and convincing

evidence. The total of all extensions under this paragraph,

individually or in addition to previous extensions, shall in no event

exceed one hundred eighty (180) days.

12. The paragraphs of this Consent Order and Agreement shall be

severable and should any part hereof be declared invalid or

unenforceable, the remainder shall continue in full force and effect .

between SEQUA and the Department.

14. This Consent Order and Agreement shall constitute the entire

integrated agreement of SEQDA and the Department. No prior or

contemporaneous communications or prior drafts shall be relevant or

admissible for purposes of determining the meaning or extent of any

provisions herein in any litigation or any other proceeding.

15. No changes, additions, modifications, or amendments of this

Consent Order and Agreement shall be effective unless they are set out

in writing and signed by SEQUA and the Department.

16. This Consent Order and Agreement shall be binding only as

between and among the Department and SEQUA. No part of this Consent

and Agreement may be used by any third person as an admission of

fact or liability against SEQUA in any litigation between SEQUA and

that third person.

17. SEQUA, while not admitting liability in connection with the

Site or the accuracy of the Findings contained in this Consent Orderand Agreement, agrees not to contest such Findings in any action

initiated by the Commonwealth either to enforce this Consent Order and

Agreement or otherwise to abate the groundwater contamination which isj *

the subject of the Findings of this Consent Order and Agreement.

18. SEQUA and the Department agree to bear their respectiveattorney fees, expenses and other costs in the prosecution or defense

of this matter or any related matters arising prior to execution ofi

this Consent Order and Agreement.

IN WITNESS WHEREOF, SEQUA Corporation and the Department have

caused this Consent Order and Agreement to be executed by their duly

authorized representatives. The undersigned representatives of the

SEQUA certify under penalty of law, as provided by 18 Pa. C.S.

S 4904, that they are authorized to execute this Consent Order andAgreement on behalf of SEQUA; that SEQUA consents to the entry of this

Consent Order and Agreement and the foregoing Findings as an ORDER of

the Department; and that SEQUA hereby knowingly waives its right toI

appeal this Consent Order and Agreement and the foregoing Findings,

except as specifically provided in Paragraph 5, which rights f Qbjs• " • • -

11

.ORKSfittL

available under the Administrative Code, 71 P.S. §510-1 et. sea., the

Administrative Agency Law, 2 Pa. C.S. §103(a) and Chapters 5A and 7A,

or any other provision of law.

FOR THE COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF ENVIRONMENTAL RESOURCES:

/TV _____ .I

LEWXSUWJCHIE, JR. f AJTOERSON LEE HARTZIEnvironmental Protection Manager Assistant CounselNorristown Bureau of Water Office of Chief CounselQuality Management Eastern Region

FOR SEQDA CORPORATIONS

DONALD S. BDNINVice President

12