[signed action memorandum requesting time-critical … · southern railroad (ags), is located at...

ATTACHMENT NOT INCLUDED

*500021787*500021787

001961

A. Site Description

The former Southern Mineralite (SM) facility, currently being occupied by both the Southern Coating and Waterproofing, Inc., LLC (SC&W) and the Alabama Great Southern Railroad (AGS), is located at 2933 Dauphine (or also listed as 2930 Burgundy Lane), in New Orleans. The approximate size of the former facility property is 2.17 acres. SC&W currently occupies and conducts daily business activities on approximately 0.93 acres in the eastern section of the property. AGS owns the remaining western portion of the former facility. AGS is an operating subsidiary of the Norfolk Southern Corporation. The site is situated in a primarily urban setting, with a mix of industrial, commercial, and residential properties located within a 1 /8 mile radius of the site. The former SM site is bounded to the east by Montegut Street (residential properties); to the north by Burgundy Street (vacant lot and residential properties); to the west by the Norfolk Southern Railroad and railroad right-of-way and Press Street, and to the south by Dauphine Street (inactive commercial/industrial properties).

The portion of the site that contains the building associated with SC& W is surrounded by a 6-foot chain link fence; however, that portion of the property located west of the chain link fence to the Norfolk Railroad Company tracks/Press Street is not fenced and easily accessed by the general public.

The east side of the former SM property consists of one large metal building and concrete parking lot. The west side of the property consists of a vacant lot, a former loading dock, a trash disposal bin, and a former railroad spur. The location of the former exfoliation area is not known.

For purposes of the removal assessment, the properties sampled were divided into distinct Areas. The following is a brief summary for each area:

• Area A: consists of the current SC& W property as well as the vacant lot owned by AGS.

• Area B: consists of the vacant Jot located north of the former SM site and north of Burgundy Street. Area Bis bordered to the north by N. Rampai1 Street; to the west by the Norfolk Railroad tracks and ROW; to the south by Burgundy Street, and to the east by residential properties situated along Montegut Street. Area B consists of five (5) parcels ofland, two (2) parcels are currently owned by private citizens, and three (3) of which are owned by the Norfolk Railroad Company. Area Bis approximately 51,600 square feet or 1.18 acres in size. Approximately 26,246 square feet are covered with rock/gravel that is consistent with railroad ballast. This rock/gravel is located in three of the four parcels owned by the Norfolk Railroad Company. The remaining 25,354 square feet is uncovered and vegetated. It appears that the other four ( 4) parcels of land comprising Area B are used as a railroad storage and maintenance yard, as evidenced by the rock/gravel railroad ballast identified on the property. A railroad spur (owned by Norfolk) enters the north section of Area B via

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North Rampart Road and traverses through the property in a southerly direction for approximately 285 feet. A debris pile marks the southern limit of the railroad spur.

• Area C: consists of the Norfolk Southern Railroad Right-of Way located west and southwest of the site. Area C is divided into two sections: Area C North, with borders the Norfolk Railroad ROW adjacent to Area A; and Area C South, which also borders the Norfolk Railroad ROW, that is located between Royal and Dauphine Streets. Area

· C No1ih and South are approximately 330 feet in length; however, the width of both appears to fluctuate based on the railroad line ballast.

• Area D: consists of two parcels of un-developed land, both of which are owned by the New Orleans Center for Creative Arts (NOCCA). Both parcels of land are located west of Press Street. Area D (north, grids AD-001 to AD-003) is bordered to the north by N. Rampart Street; to the east by Press Street, to the south by Burgundy Street, and to west by a vacant parcel of land and residential structure. Area D, North is approximately 73 feet in width by 320 feet in length for a total area 23,360 square feet or 0.53 acres. Area D (south, grids AD-004 to AD-006) is bordered to the north by Burgundy Street, to the cast by Press Street, to the south by Dauphine Street, and to the west by residential properties. Area D (south) is approximately 70 feet in width by 325 feet in length for a total area of 22,750 square feet or 0.52 acres. Area Dis currently in use as a city Dog Park but NOCCA has indicated they plan to turn this property into a community garden.

• Area E: consists of residential properties located east and north of Area A along Montegut Street, between N. Rampart on the north and Royal St. to the south.

• Area F: consists of residential properties located west of Area A and bordered by N. Rampart, Burgundy, St. Ferdinand, Dauphine and Royal Streets.

• Area G: consists of church property (formerly a school) owned and operated by the Vincent De Paul Catholic Church and is located east of Area A and Montegut Street. Area G is divided into three parcels of land bordered to the north by Burgundy Street and to the south by Dauphine Street and consists of several buildings, parking lot, and several undeveloped sections of land.

1. Removal Site Evaluation

Field assessment sampling activities occurred in three phases. During the first phase, soil samples and Activity Based Sampling (ABS) air samples were first collected from June 16 to June 27, 2014. The second phase of soil and ABS sampling was conducted from July 9 to July 19, 2014. The third phase involved ABS sampling in Area Bon October JS1, 2014.

The field assessment sampling activities were conducted to determine the presence of Libby amphibole asbestos (actinolite, anthophyllite, tremolite, winchite and richterite) structures associated with (former) use and processing of vermiculite ore from the Libby, Montana, WR Grace mining operations.

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2. Physical Location

The former Southern Mineralite vermiculite exfoliation facility was located at 2930 Burgundy Street, in New Orleans, LA. Analysis of aerial photos of the site area show what is possibly the former exfoliation structure that was demolished and removed sometime after 1952, but before 1976. Records also indicate that vermiculite was shipped from Libby, Montana to this facility from the 1930's to approximately 1964. Currently, the site is occupied by Southern Coating and Waterproofing, Inc., LLC (SC&W) and Alabama Great Southern Railroad (AGS). SC&W built their current warehouse and office structure on the site in 2000. The approximate size of the former facility property is 2.17 acres. SC& W currently occupies and conducts daily business activities on approximately 0.93 acres in the eastern section of the property and the remainder of the entire property owned by AGS is an open, unfenced, vacant property.

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LEGEND ·_,,,.a' · US EPA TO BE DETERMINED t--------------i~~ REGION & START-3 TOO NO.

ro-0002-011-01-01 l:J AREA BOUNDARY

+++++t+f- RAIUIOAO TRACKS

,_____ __ ~ __ _______, f'IOURE 3

LOCATION$ or AREA A, 8, ANO c SOUTHERN MINERAUTE

NEW ORLEANS, 0Rl.£ANS PARISH, LOUISIANA

Pro'ecl Mo: s102-2o10 Date: JULY 2ou

rue Kame: SMA73.DWO P.11.: SC

001965

Resident walking dog in Area A

Collecting soil samples in Area A

View of Area B, Norfolk- Southern Railroad Company Vacant Lot

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View of Area C, Railroad Right-of-Way

3. Site Characteristics

Records indicate that vermiculite was shipped to the Southern Mineralite Site from Libby, Montana from the 1930' s to about 1964. Because the dates of operations are so old, very little information is available about the former exfoliation operations, including the volume of vermiculite shipped to the facility. Based on historical aerial photos, the former structure that was believed to house the exfoliation furnace was demolished and removed sometime after 1952 but before 1976. Only remnants of the foundation wall and the former loading dock can be found on the site today.

The site is situated in an urban setting, with industrial, commercial, and residential properties located within a 1/8 mile radius of the site. The former SM site is bounded to the east by Montegut Street (residential properties); to the north by Burgundy Street (vacant lot and residential properties); to the west by the Norfolk Southern Railroad and railroad right-of-way and Press Street, and to the south by Dauphine Street (inactive commercial/industrial properties).

The portion of the site that contains the building associated with SC& W is surrounded by a 6-foot chain link fence; however, that portion of the property located west of the chain · link fence to the Norfolk Southern Railroad Company tracks/Press Street is not fenced and easily accessed by the general public.

The east side of the former SM property consists of one large metal building and concrete parking lot. The west side of the property consists of a vacant lot, a former loading dock, a trash disposal bin, and a former railroad spur.

Area B, owned by AGS (subsidiary to Norfolk Southern) is used as a storage area for piles of railroad ballast (predominately limestone rock). An active rail spur line cuts .through the middle of this property. This property is not fenced and local residents and is easily accessed by the general public.


001967

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

Asbestos is a hazardous substance as defined by 40.C.F.R. Section 302.4 of the NCP and Section 101 (14) of CERCLA, (42 U.S.C. Section 9601(14)). Soil sampling data from assessment activities shows Libby asbestos contamination on varying grids at depths ranging from the surface down to 24 inches below ground surface (bgs). Levels of asbestos range between 0 and 4.5%. Deeper soil samples collected from 24 to 36 inches also have shown elevated levels of asbestos as high as 26.25%.

5. NPL Status:

The Site is not on the NPL list and is not likely to be included.

6. Maps, Pictures and other graphic representations

Attachment 1 ATSDR Public Health Statement.for Asbestos Attachment 2 OSHA Fact Sheet on Asbestos Attachment 3 Enforcement Addendum (Confidential/FOJA Exempt)

B. State and Local Authorities' Roles

1. State and Local Actions to Date

In discussions with the Louisiana Department of Environmental Quality (LDEQ), they have indicated that they would like EPA to take the lead on addressing this Site. After the completion of this response action any further actions will be referred to LDEQ.

2. Potential for Continued State/Local Response

LDEQ will assist in the cleanup within the limits of its resources.

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

A. Threats to Public Health or Welfare

Current Site conditions meet the following factors, which indicate that the Site is a threat to the public health, welfare, and the environment, and that a removal action is appropriate under Section 300.4 l 5(b )(2) of the National Contingency Plan (NCP), 40 C.F.R. § 300.415(b)(2). Any or all of these factors may be present at a Site, yet any one factor may determine the appropriateness of a removal action under CERCLA authority.

1. Exposure to Human Populations, Animals or the Food Chain, NCP Section 300.41 S(b )(2)(i)

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Asbestos has been detected in surface and near surface soils on the former Southern Mineralite site at levels in excess of EPA' s action level of .25%. All of the areas of contaminated soil are not fenced and the public routinely uses the prope1iy to walk across and run their dogs. A transient homeless population also uses the property as a shelter both day and night. This casual property use can easily disturb this contaminated soil by way ofroutine activities such as walking or playing. Also, this area of New Orleans is undergoing rapid residential rejuvenation. Many homes are being remodeled and new homes are being built. It is possible that these empty lots where the contamination has been discovered could be developed for commercial or residential use in the near future.

In July of2015, an example which demonstrates the appeal of this vacant property in this highly developed area of New Orleans, occurred. EPA was notified that the southern po iii on of the site area (Area A) had recently been occupied by a company that had moved office trailers and equipment onto the property. EPA notified the owner of the property (Norfolk Southern) that this propetiy should not be utilized in anyway and requested they find an alternate location for the tenant. As of February 2016, the same tenant was still occupying the property.

Airborne exposure to asbestos may occur through the release of asbestos fibers from contaminated soils. Asbestos fibers may be dispersed by the motion of the routine site activities. Effects on the lung are a major health concern from asbestos, as chronic (longterm) exposure to asbestos in humans via inhalation can result in a lung disease termed asbestosis. A large number of occupational studies have reported that exposure to asbestos via inhalation can cause lung cancer and mesothelioma (a rare cancer of the membranes lining the abdominal cavity and surrounding internal organs).

The routine daily use and disturbance of the soils on this property greatly increases the potential for exposure to human populations.

2. Contaminants in Soils, NCP Section 300.41 S(b )(2)(iv)

Sample results indicate the presence of asbestos in both the surface and subsurface soils in excess of EPA' s action level of .25%. Analytical results of soil samples indicate the presence of asbestos in surface soils with concentrations as high as trace (less than .25%), and in subsurface soils as high as 4.5% .

. 3. Weather Conditions That May Cause the Release or Migration of Hazardous Substances, NCP Section 300.415 (b )(2)(v)

New Orleans is located in a humid subtropical climate zone with short mild winters and long hot, humid summers. The city receives abundant rainfall (approximately 62+ inches annually) distributed almost evenly throughout the year. Heavy rain events could cause runoff to carry contaminants in the surface soils to offsite locations.

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IV. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from this Site, if not addressed by implementing the response action in this Action Memorandum, may present an imminent and substantial endangerment to the public health, welfare, or the environment.

V. ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

To mitigate the threat to the public health posed by the asbestos present in soils at the Site, the proposed removal actions are outlined below. The removal will involve the following: ·

a. As necessary, continue to assess and characterize threats posed by the Site including sampling of soils and air (ABS) for asbestos contamination in both onsite and offsite areas.

b. As necessary, implement security measures such as fencing, gates, locks, or guards to limit access to the areas of contamination.

c. Excavate and remove asbestos-contaminated soils. The excavation depth will be up to two feet below grade.

d. Fill all excavated areas with clean fill material using an approved compaction method.

e. Dispose of contaminated soils excavated pursuant to subparagraph b. above at an EPA-approved offsite disposal facility in accordance with Section 12l(d)(3) of CERCLA and 40 CPR 300.440, and transport all waste materials in accordance with Department of Transportation rules and regulations.

f. Suppress dust and control erosion during the removal action.

g. Monitor and sample as· necessary personal and ambfont air during removal activities.

h. Restore the surface features to pre-existing conditions as appropriate.

i. If necessary, coordinate with the current owner of the Site property and with the appropriate State and local authorities for implementation of institutional controls where any contamination remains above EPA 's action levels (i.e, soils at depth or below physical containment).

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J. Requirements under the Occupational Safety and Health Act (OSHA) of 1970, 29 U .S.C. § 651 et seq., and under the laws of a State with an approved equivalent worker safety program, as well as other applicable safety and health requirements, will be followed. Federal OSHA requirements include, among other things, Hazardous Materials Operation, 29 C.F.R. Part 1910, as amended by 54 Fed. Reg. 9317 (March 1989), all OSHA General Industry (29 C.F .R. Part 1910) and Construction (29 C.F .R. Part 1926) standards wherever they are relevant, as well as OSHA record keeping and rep01ting regulations, and the EPA regulations set fo1ih in 40 C.F.R. Part 300 relating to the conduct of work at Superfund sites. Specific Federal OSHA requirements for asbestos include 29 C.F.R. 1910.1001, which applies to all occupational exposures to asbestos in all industries covered by the Act except as otherwise specified.

2. Contribution to remedial performance

It is anticipated that no remedial action will take place at the Site. If any remedial action should occur the completed removal action is consistent with the remedial action as it removes the source of the contamination.

3. Description of alternative technologies

Removal of the contaminated soil and proper disposal is the viable option.

4. Applicable or relevant and appropriate requirements (ARAR)

The proposed removal action will be conducted to eliminate the actual or potential exposure to hazardous substances, pollutants or contaminants pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. S 9601 et seq. in a manner consistent with the National Contingency Plan, 40 CFR Part 300, as required at 33 U.S.C. § 132l(c)(2) and 42 U.S.C. § 9605. As per 40 CFR Section 300.415(j), fund-financed removal actions under CERCLA § 104 and§ 106 shall, to the extent practicable considering the exigencies of the situation, attain the applicable or relevant and appropriate requirements (ARARS) under Federal environmental law. The following is an analysis of ARARs for this action:

Chemical-specific ARARs - There are no Federal or State ARARs for asbestos contaminated soil. Historically, asbestos has been addressed ii1 the Superfund program by reference to the term asbestos-containing material (ACM), defined in the National Emissions Standards for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Part 61, as materials containing > 1 % asbestos.

EPA is basing its removal of the contaminated soil grids on soil sample data that show elevated concentrations of asbestos in soils at levels ranging from trace to 4.5%.

Location-specific ARARs - All proposed activities at the Site are compliant with any location-specific ARARs including those regarding Cultural Resources. Based on the

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Agency's knowledge of the Site, no additional cultural resource work is required.

Action-specific ARARs - The proposed Removal Action, which pertains to the excavation of asbestos-containing materials, and transportation and off-site disposal of

asbestos, will comply with Federal and State applicable or relevant and appropriate environmental requirements (ARARs) to the extent practicable.

To-be-considered (TBCs) - In addition to ARARs, other advisories, criteria, or guidance that may be useful in developing the remedy were, as appropriate, identified and considered.

5. Project Schedule

EPA currently estimates that the total duration of asbestos removal activities will require approximately four to six weeks. It is important to note that previous EPA experience at other asbestos removal sites has shown that delays frequently occur as a result of high wind conditions. EPA routinely uses water to suppress any dust from migrating away from the excavation areas however, when high wind conditions are experienced, EPA en-s on the side of caution and will shut down operations until lower wind speeds return.

B. Estimated Costs

Extramural Costs

Cleanup Contractor (ERRS) (estimated) ............................................ $641,000.00 START ( estimated) ............................................................................. $152,000.00

Extramural Subtotal $793,000.00

Extramural Contingency (20%)-------------------------------------------- $158,600.00

TOT AL REMOVAL ACTION COST---------··--------------------------------$951,600.00

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

If the actions described in this Action Memorandum are not conducted, there would be a continuing potential threat to human health. Asbestos will continue to be exposed on the surface of this property. The release of asbestos into the environment may occur from disturbances by local residents, including children, who routinely use the property similar to a public park (i.e., dog walking). These potential releases pose a significant threat to the local residents who use the property.


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VII. OUTSTANDING POLICY ISSUES

Asbestos removal actions for "Libby am phi bole" type material have been conducted by EPA at other locations around the country. This removal action does not set a precedent, but, is considered nationally significant based on EPA's policy regarding CERCLA actions at Asbestos sites. This action is part of an agency wide initiative to investigate venniculite facilities that received vermiculite ore from the W.R. Grace vermiculite mine in Libby, Montana. Because of the potentially broad impact of the venniculite ore with high levels of amphibole asbestos mined from the Libby, Montana deposits, EPA Region 6 is coordinating with EPA Headquarters and other Regions to assure a consistent approach to vermiculite issues. There are no outstanding policy issues related to the proposed removal action at this site.

VIII. ENFORCEMENT

The total cost for this emergency removal action plus the cost of the previous removal action based on full-cost accounting practices that will be eligible for cost recovery are estimated to be $1,618,084.80.

(Direct Cost)+ (Other Indirect Costs)+ 61.55%(Direct +Indirect Costs) =Estimated EPA Cost

$951,600.00 + $ 50,000.00 + 0.6155($951,600.00 + $50,000) = $1,618,084.80

Direct costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on an estimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with the full cost accounting methodology effective October 2, 2002. The estimates do not include pre-judgment interest, do not take into account other enforcement costs, including Department of Justice costs, and may be adjusted during the course of a removal action. The estimates are for illustrative purposes only, and their use is not intended to create any rights for responsible parties. Neither the lack of a total cost estimate nor the deviation of actual total costs from this estimate will affect the United States' right to cost recover.

IX. RECOMMENDATION

This Action Memorandum documents the approval of the time-critical removal action to be conducted at the Southern Mineralite Site, New Orleans, Orleans Parish, Louisiana, developed in accordance with CERCLA, 42 U.S.C.§ 9601 et seq., and consistent with the NCP, 40 C.F.R. Part 300. This deCision is based on the administrative record for the Site.

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Conditions at the Site meet the criteria as defined by Section 300.415(b) (2) of the NCP, 40 C.F.R. § 300.415(b) (2), for a removal action. The total project ceiling for the Site as approved by the Superfund Division Director is $951,600.00.

APPROVED: ~/,__/l"""'m'--"-11..L...:v;..__,~:.-· -"---~~--'='..=:....;>.<.::...L...:""r-- DA TE '//ill/ik-Carl E. Edlund, P .E., Jrector Superfund Division (6SF)

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Attachment 1: ATSDR Tox FAQs for Asbestos

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Attachment 2: OSHA Fact Sheet on Asbestos

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ATTACHMENT 3: Enforcement Addendum (Confidential/FOIA Exempt)

001979

[signed action memorandum requesting time-critical … · southern railroad (ags), is located at...

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