united states environmental protection … · national contingency plan (ncp), 40 ... stabilization...

^^^^°'''% \

3

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS

1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733

MEMORANDUM AUG 19 204

SUBJECT: Request for Approval of a Ceiling Increase for the Van der Horst USA Corporation Site, Terrell, Kaufinan County, Texas

FROM: Eric Delgado, On-Scene Coordinator i Prevention & Response Branch

(6SF-PR)(Q i lolM P^tOAM.

TO: Samuel Coleman, P.E., Director Superfund Division (6SF)

THRU: Mark Hansen, Acting Associate Director Prevention & Response Branch (6SF-P)

I. PURPOSE

This memorandum requests approval for a Ceiling hicrease for the Removal Action pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. § 9604 et seg^ at the Van der Horst USA Corporation Site ("Site") located in Terrell, Kaufinan County, Texas. The proposed scope of this action includes those actions contained in the Original Action Memo as well as an expansion in the scope to complete the removal action. In summary, the amount of significantly contaminated soil and sludge greatly exceeded original expectations in the emergency response assessment due to the removal of the building foundation during the removal action.

This action continues to meet the criteria for initiating a removal action under the National Contingency Plan (NCP), 40 CFR ' 300.415.

11. SITE CONDITIONS AND BACKGROUND

CERCLIS NO: Category of Removal: Site ID NO: Latitude: Longitude:

TXD007357932 Time Critical Removal A6H1 32.734418° North -96.273713° West

897012

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)

029389

A. Site Description

1. Removal Site evaluation

See Section II. A. 1 of the Original Action Memorandum, attached and incorporated herein by reference.

2. Physical Location

See Section II.A.2 of the Original Action Memorandum, attached and incorporated herein by reference.

3. Site Characteristics

See Section II.A.3 of the Original Action Memorandum, attached and incorporated herein by reference. In addition, a significant amount of waste was discovered underneath the building foundation during the removal action. These wastes were unable to be characterized and assessed because the building slab prevented a thorough vertical and horizontal assessment of soils underneath the building footprint.

4. Releases or Threatened Release into the Environment of a Hazardous Substance, Pollutant or Contaminant

See Section II. A. 4. of the Original Action Memorandum, attached and incorporated herein by reference. In addition, the additional contaminated soils beneath the building footprint require removal and disposal because they pose an additional imminent and substantial endangerment to human health and the environment. The requested funds in this action will allow the removal of surficial soils to a maximum depth of 24 inches below ground surface.

5. NPL Status

The Site was proposed to the NPL on September, 23,2009 and listed as final on March 3,2010.

6. Maps, Pictures, other graphic representations, and attachments

Attachment 1 - Original Action Memorandum Attachment 2 - Enforcement Addendum Confidential/FOIA Exempt

B. Other Actions to Date

1. Previous Action

See Section II.B. of the Original Action Memorandum, attached and incorporated herein by reference. Furthermore, additional actions that have taken place since then include completion of EPA's evaluation of the Site for NPL listing, completion of the removal assessment following the removal of the building foundation, and the removal of hexavalent

2 Request for Approval of a Ceiling Increase for the Van der Horst USA Corporation Site.

029390

chromium contaminated basement sludges in the basement sump.

2. Current Actions

See Section II.B.2 of the Original Action Memorandum, attached and incorporated herein by reference. Moreover, EPA continues to remove and dispose of hazardous drums, containers, basement sludges, surficial soils, and contaminated building materials.

C. State and Local Authorities' Roles

1. State and Local actions to date

See Section II.C. of the Original Action Memorandum, attached and incorporated herein by reference. The TCEQ has continued to offer support during the removal action by coordinating with other state stakeholders. The TCEQ also agreed to enter into a removal action contract with EPA to provide fiinds to facihtate the completion of the removal action. The City of Terrell continued to support the agency by providing a liaison and resources to help facilitate the completion of the removal action.

2. Potential for Continued State/Local Response

See Section II.C. of the Original Action Memorandum attached and incorporated herein by reference. On March 3, 2010, the EPA added the Site to the NPL. As a result of this listing, EPA anticipates State involvement to be integrated with the remedial process.

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

A. Threats to Public Health or Welfare

See Attached Original Action Memorandum.

1. Exposure to Human Populations, Animals or the Food Chain, NCP Section 300.415 (b)(2)(I)

See Attached Original Action Memorandum. The additional contaminated soils beneath the building footprint have exposed an additional threat to human populations, animals, or the food chain. The original action memorandum covers the mitigation of the original hazardous substances in the original proposed action.

2. Contamination of Drinking Water Supphes or Sensitive Ecosystems, NCP Section 300.415 (b)(2)(ii)

See Section III. A. of the Original Action Memorandum, attached and incorporated herein by reference.


029391

3. Hazardous Substance in Drums or Tanks, NCP Section 300.415 (b)(2)(iii)


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

See Section III. A. of the Original Action Memorandum, attached and incorporated herein by reference.

5. Threat of Fire or Explosion, NCP Section 300.415 (b)(2)(vi)


6. Availability of Other Mechanisms, NCP Section 300.415 (b)(2)(vii)


B. Threats to the Environment


IV. EMERGENCY EXEMPTION FROM STATURORY LIMITS

See Attached Original Action Memorandum

V. ENDANGERMENT DETERMINATION

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

VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

The Site contains various media contaminated Hexavalent Chromium, a hazardous substance listed in the National Contingency Plan (NCP), § 40 C.F.R. 302.4. On site stabilization of the basement sludge was ineffective resulting in higher than planned for disposal costs. The stabilization efforts to treat the chromium contaminated basement, sludge was ineffective because the admixture was unable to make the characteristic wastes unleachable for

4

Request for Approval of a Ceiling Increase for the Van der Horst USA Corporation Site.

029392

disposal in a nonhazardous landfill. The admixture also contributed to an additional volume of material requiring disposal. The unexpectedly increased costs of removal and offsite disposal of the additional amount of contaminated soil/sludge previously unknown on Site is the basis for the proposed ceiling increase. There are no additional CERCLA actions anticipated.

1. Proposed action description


2. Contribution to Remedial Performance


3. Description of Alternative Technologies


4. AppHcable or Relevant and Appropriate Requirements

See Attached Original Action Memorandimi

5. Project schedule


B. Estimated Costs

ORIGINAL ACTION MEMO PROPOSED CEILING INCREASE MEMO

ERRS

START

Subtotal Extramural

Site Contingency (20%)

TOTAL Extramural

$2,275,000

$495,000

$2,770,000

$554,000

$3,324,000

ERRS

START

Revised TOTAL

$3,375,000

$495,000

$3,870,000

$554,000

$4,424,000

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

See Attached Original Action Memorandum


029393

V m . OUTSTANDING POLICY ISSUES


IX ENFORCEMENT

See Enforcement Addendum, Attachment 2

The total for this removal action based on full-cost accounting practices that will be eligible for cost recovery are estimated to be $6,695,052

(Direct Cost) + (Other Direct) + (42.63% of Total Direct {Indirect Cost}) = Estimated EPA Cost for a Removal Action

$ 4,424,000 + $ 270,000 + (.4263 x $ 4,694,000) = $6,695,052

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. These estimates do not include pre-judgment interest, do not take into account other enforcement costs, including Department of Justice costs, and may be adjusted during the course of a removal action. The estimates are for illustrative purposes only, and their use is not intended to create any rights for responsible parties. Neither the lack of a total cost estimate nor the deviation of actual total costs fi"om this estimate will affect the United States right to cost recovery.

X. RECOMMENDATION

This decision document and the Original Action Memo, attached and incorporated herein by reference, recommend the selected removal action under CERCLA for the Van der Horst USA Corp. Site, in Terrell, Kaufinan County, Texas developed in accordance with CERCLA, 42 U.S.C. § 9601 et.seq., and is not inconsistent with the NCP, 40 CFR § 300. This decision is based on the Administrative Record for the Site.

Conditions at the Site meet the criteria defined in Section 300.415 and 300.305 of the NCP, I recommend your approval of the proposed removal action. The total CERCLA project ceiling for the proposed action, if approved, is estimated to be $4,694,000 of which $4,424,000 are for extramural contractor costs.

APPROVED yW//^J im/ i^M<J^w<=>)iM!M4>e D A T E

Samuel Coleman, P Superfund Division

g//f// g


029394

ATTACHMENT 1

Original Action Removal Memorandum Dated 01/07/2009


029395

<^^J''\ \

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6

1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733

MEMORANDUM

'JAN 0 7 2009

SUBJECT: Request for Removal Action at the Van der Horst USA Corp site, Terrell, Kaufman County, TX

FROM: Eric Delgado, On-Scene Coordinator <• \ ^ ^ ^ ^ Prevention and Response Branch (6SF-PR) ' r "

X > x 4 ^


THRU: Ragan Broyles, Associate Director ^ ^ A ~ ^ Prevention and Response Branch (6SF-P)' 3V

I. PURPOSE

This memorandum requests the approval of a time-critical removal action as authorized by the Comprehensive Environmental Response, Compensation, and Liabihty Act (CERCLA), 42 U.S.C. § 9604 at the Van der Horst USA Corp Site (hereinafter referred to as the "Site"). The general scope of the removal action will be to remove and dispose hazardous substances that are present in multiple electroplating vats, a large underground sump, 55-gallon drums, and other small containers, and heavy metal contaminated soils, primarily chromium, from locations on-site.

The actions described in this memorandum meet the criteria for initiating a removal action under Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR § 300.415. This action is expected to exceed the statutory $2 million limit and the twelve month statutory limit for removal actions

II. SITE CONDITIONS AND BACKGROUND

CERCLIS No.; Category of Removal: Superfund Site ID No.: Latitude: Longitude:

TXD007357932 Time-Critical A6H1 32-734418° North -96.273713° West 859872

internet Address (URL) • http:/Afmw.epa.gov

necyclsd/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer)

000001

029396

A. Site Description

1. Removal site evaluation

The site is an inactive chromium and iron plating facility that consists of a building constructed in 1952 and the immediately surrounding land (defined by the property lines) upon which the building sits. This building was used for hard-chrome plating operations and some amount of iron plating operations. The finished products associated with these plating operations included natural gas pipeline reciprocating cylinders for the transportation of natural gas and cylinder bores for large diesel engines, such as railroad locomotive engines (prior to plating, these cylinder bores were drilled on-site). Van Der Horst closed production on December 26, 2006, and the facility was abandoned in April 2007. Texas Bodark Industries purchased the facihty from R.G. Scott in the early 1990's. R.G. Scott purchased the facility from Hendrick Van Der Horst (the owner of the original company from which the site name is derived).

Prior to closure and abandonment, the machining and plating equipment was not removed (although many pieces of equipment were either sold and/or removed by various parties in the months following the facility's closure/abandonment). Based on a review of records obtained from the Texas Commission of Environmental Quality (TCEQ) and information from TCEQ personnel, no effort was made prior to or after closure to remove on-site chrome plating wastes. The chrome-plating waste located onsite were generated/accumulated during the facility's operations prior to the facilities closure in April 2007. As such, a large quantity of liquid waste remained on-site at the time of closure/abandonment. Based on Hazard Categorization (HAZCAT) work performed by Superfund Technical Assessment and Response Team (START), TCEQ, and Emergency and Rapid Response Services (ERRS) during the initial site stabilization efforts in June 2008, it was determined that this Hquid waste was an assortment of plating solutions, plating waste, acids, and bases.

2. Physical location

The Van Der Horst USA Corporation site is located at 419 East Grove Street, in Terrell, Kaufman County, Texas, 75160. The geographic center of the site is Latitude 32.734418° North and Longitude 96.273713° West. The site's location can be located on the Terrell South Quadrangle, U.S. Geological Survey (USGS) 7.5-minute quadrangle sheets. The site is an inactive chromium and iron plating facility that is located on approximately 4.13 acres. The main site feature is the 46,368-square-foot building that housed the plating operations. During a June 2008 removal assessment approximately 450 5-gallon and 55-gallon containers, various large-capacity storage tanks, 27 vats (containing approximately 43,000 gallons of plating waste), and a large basement sump containment pool (containing 140,000 gallons of liquid plating waste, and an undetermined amount of plating sludge) were discovered. In addition to the containers and sump, the building contains other remnants of the plating operations, including but not limited to machines, cranes, offices, and a laboratory. The site has permanent fencing on the north side of the facility. During the June 2008 removal assessment activities, a temporary perimeter fence was

2 Request for Removal Action at the Van der Horst USA Coip site, Teirell, Kaufinan County, TX

000002

029397

installed to limit site access. Industrial and commercial properties suri'ound the Van Der Horst facihty. The site is bordered to the north by a Union Pacific Railroad right-of-way, to the west by South Delphine

Street, to the south by East Grove Street, and to the east by the General Chemical Corporation property. The closest residences are in the Stallings Addition housing complex, less than one mile southeast of the facihty. The site features a generally flat topography, and the surface water runoff sheet flows overiand east-southeast approximately 300 feet to Frazier Creek. Frazier Creek flows for approximately 2,000 feet before joining King's Creek, which then empties into the 818 se^ent of the Cedar Creek Reservoir. Runoff from the on site building drains directly into a municipal storm water drainage system that also empties into Frazier Creek.

3. Site characteristics

The Van Der Horst USA Corporation site is located on the northeast comer of East Grove Street and Delphine Street. The facility consists of main 46,368 square foot building sitting on approximately 4.13 acres. All plating waste is located in approximately 450 5-gallon and 55-gallon containers, various large-capacity storage tanks, 27 vats, and a large basement sump containment pool. The building is constructed primarily of brick, with a tar shingled gravel roof. The roof of the facility has significant structural damage. The roof sags into a bowl shape that has extensive leaking directly into the facility. The inside of the building has significant structural damage, and the impact of rainwater has significantly eroded that the drums and vats within the facility building. On the west end of the facility within the plating process areas, there is a large underground basement sump with the capacity to hold approximately 140,000 gallons of liquid. Within the sump is an undetermined amount of plating sludge. The sump itself is contained with a brick liner, which separates the plating sludge from the soil. The continued erosion of the facihty roof, drums, vats, and sump will eventually result in a major release of plating waste into the adjacent community.

The Van Der Horst site is located in a commercial warehouse district. The closest residences are less than one mile southeast of the facility. Two churches are located within one mile of the site. The site is approximately 300 yards from the downlown Terrell area. Residents, ranging from small children to the elderly, have been seen walking directly next to the facility on adjacent public sidewalks.

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

The hazardous substances located on the property are primarily chromium and lead, All of these chemicals are "hazardous substances" as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), and 40 CFR § 302.4.

Visual observation and laboratory analyses by the Environmental Protection Agency (EPA) show uncontrolled releases of hexavalent chromium and lead into the environment.

3 Request for Removal Action at the Van der Horst USA Coip site, Tenell, Kauftnan County, TX

000003

029398

Chromium plating wastes have been spilled inside the building. Plating wastes have permeated the slab foundation. It is likely that plating wastes have escaped the secondary containment and exist in the soil.

5. NPL status

Concurrent with the removal action, the EPA is conducting a Site Inspection (SI) for potential National Priorities List consideration. Based on available information this site has a preliminary Hazard Ranking System score sufficient for potential NPL inclusion. See 40 C.F.R.300.425(c)(l). Upon completion of the SI, EPA will proceed with the evaluation of this site for NPL consideration.

6. Maps, pictures and other graphic representations

Attachment 1: Map Identifying Location of Facility Attachment 2: Map Identifying Contamination Locations Attachment 3: Waste Categorization Summary (2008) Attachment 4: Enforcement Attachment (Enforcement

Confidential/FOL\ Exempt)

B. Other Actions to Date

1. Previous actions

Concerns and investigations regarding the Van Der Horst site were initiated in the late 1960s. In 1968, Texas Parks and Wildhfe conducted testing of wastewater generated and discharged by the facihty, which revealed upwards of 353.6 ppm chromium. Van Der Horst company records reveal that a 16-inch pipe discharged this untreated wastewater at a rate of 43,200 gallons per day into a roadside ditch, which directly fed into King's Creek. Based on this initial investigation, a public hearing was held in 1968 by the Texas Water Quality Board. Results of that hearing limited the discharge of hexavalent chromium to 1.0 mg/L and limited the discharge of trivalent chromium to 5.0 mg/L. Requests by the facility to place the wastewater in question in unlined lagoons on the facility's property were denied by the Water Quality Board during this hearing.

A July 8, 1969 letter to a complainant from the Director of Hearings in Austin stated that . the discharge of the wastewater previously described had ceased as a result of the City of Terrell removing all of the wastewater from the facihty. However, a letter dated September 17,1969 from the Texas Water Quality Board indicated that the City of Terrell was not taking wastewater, from the Van Der Horst facility as alleged and would not do so unless the wastewater was initially treated on-site. In the mean time, the facility was continuing to discharge wastewater as previously described into the roadside ditch, which directly fed into King's Creek.

In response to the referendum by the Texas Water Quality Board that the City of Terrell no longer accepts untreated waste water from the Van Der Horst facility, treatnient lagoons

4 Request for Removal Action at the Van der Horst USA Corp site, Terrell, Kaufman County, TX

000004

029399

previously denied as permissible were constructed by the Van Der Horst Company on-site. These treatment lagoons were operational throughout the 1970s and until the late 1980s. A memo dated June 1,1970 declared that resultant waste solids from these treatment lagoons would be disposed of at the Terrell Sanitary Landfill. However, in December of 1975 a complaint was received alleging that Van Der Horst was disposing the waste sludge from these onsite treatment lagoons in an abandoned rock quarry operated by Fred Sparks instead of the Terrell Sanitary Landfill. The Sparks Landfill, unauthorized to receive such wastes, had reportedly been receiving this waste sludge since January 1975. A sample collected of standing water contaminated with the sludge runoff in question revealed 15-ppm chromium and 1.2-ppm mercury. The case was referred to the Texas Department of Health (TDH) and was later referred from that entity to the Texas Attorney General's Office.

-An investigation by the Texas Department of Water Resources (TDWR) was conducted in May 1984 of the two onsite wastewater lagoons. Previous to this investigation a closure plan for these lagoons had been approved, although actual closure activities had not yet been executed. The TDWR District 4 Office submitted a memo requesting enforcement action on October 5,1984 for continuing to operate the treatment lagoons without financial assurance or groundwater monitoring. Subsequently, closure certification was completed in September 1986 following the removal of soils from the areas covered by the lagoons.

In subsequent investigations by the Texas Department of Water Resources, the Texas Natural Resource Conservation Commission (TNRCC), and the Texas Commission on Environmental Quality (TCEQ), soil and groundwater contamination have been detected at the main portion of the Van Der Horst facility.

In June of 2008 the EPA and TCEQ conducted Emergency Response and site stabilization, resulting from a fire that had occurred at the facility. Temporary fencing was erected to limit access to the facility.

2. Current actions

EPA continues to monitor site conditions and coordinate future cleanup with the TCEQ and the City of Odessa. Upon the completion of the SI, EPA will proceed with the evaluation of this site for NPL consideration.

C. State and Local Authorities' Roles

1. State and local actions to date

The TCEQ has requested the assistance of EPA to address the hazards posed by the hazardous substances relative to this site.

2. Potential for continued State/Local response

Following the removal activities the EPA will conduct a soil investigation of surface soils

5 Request for Removal Action at the Van der Hoist USA Corp site, Tenell, Kaufinan County, TX

000005

029400

beneath the building footprint. The EPA is considering this site for the NPL and anticipates that not all of the contamination will be removed from soil and groundwater. Future actions may be required to address the remaining contamination. The EPA anticipates that its actions will be consistent with any future site work and will address the most immediate risk to the public.

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

A. Threats to Public Health or Welfare

Actual or potential exposure to nearby human populations or the food chain from hazardous substances or pollutants or contaminants. NCP Section 300.415(b)(2Ki); There is a potential for exposure of human populations and animals to toxic concentrations of hexavalent chromium, chromiimi plating waste, highly corrosive solutions, and other hazardous materials in the vats, drums, containers, and soil. The drums and vats are open to the environment and the potential for further releases is likely. The impact to the adjacent soil and groundwater is visible. The plating waste stained wall is visible. There is a potential exposure to human populations which could result from trespassing on the property. Evidence of trespassing is seen by beverage containers and general disarray of the inside of the building. Currently there is a temporary fence surrounding the facility, but entry into the facility is easily accessible.

Actual or potential contamination of drinking water supplies. NCP Section 300.415(b)(2)(ii); There is currently no evidence of contamination of drinking water supplies. There are no private drinking water wells within Vi mile of the site. Shallow groundwater shows evidence of chromium contamination; however, for the past several months the City of Terrell drinking water supply has been solely purchased from the North Texas Municipal Water District. Prior to that, the City of Terrell operated their own water treatment facility.

Hazardous substances or pollutants or contaminants In drums, barrels, tanks, or other bulk storage containers, that may pose a threat of release. NCP Section 300.415(b)(2)fiii); Out of the 53 waste streams discovered during the Hazard Categorizing (HAZCAT) operations, 26 were positive for chromium. Approximately 23,779 gallons (both hquid and solid) were strong acids (pH of 3 and below), while 10,163 gallons (both solid and liquid) were strong bases (pH of 12 and above). Approximately 2980 gallons of flammable materials (both solid and liquid) were discovered at the site. For a detailed suntmary of the HAZCAT results, please refer to Attachment 3. The chromium impacted liquid and sludge tested from the facility sump showed extremely high levels of hexavalent chromium. There are multiple areas where the contents from the vats and containers have been spilled inside the building, and spills and vapors from the open vats have resulted in the formation of crystals on the containers. Unless the containers are addressed in the near future, any movement of them or further deterioration of the site would allow them to spill their contents into the environment.

6 Request for Removal Action at the Van der Horst USA Corp site, Terrell, Kaufinan County, TX

000006

029401

Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or he released. NCP Section 300.415(bK2'>fv); Due to the damages to the facility roof, rain as significantly impacted the site. Pooling water has considerably eroded the site vats, drums, and containers. During significant weather events, plating waste has been seen migrating from the site to adjacent properties directly affecting the soil and shallow ground water in the area. Continued exposure to adverse weather conditions will continue to further wear down the structural integrity of the facility vats, drums, and containers further increasing the chance of a substantial chemical release into the environment.

Threat of fire or explosion. NCP Section 300.415(b)(2)(vi); Approximately 3,000 gallons of wastes were found to be flammable. A fire, explosion, arson or a lightning strike at this facihty would result in a serious fire. A fire would produce toxic vapors/smoke particulates, which could severely impact people at nearby businesses and residential areas. In any event, a fire may require the evacuation of nearby businesses and residents.

The availability of other appropriate Federal or State response mechanisms to respond to the release. NCP Section 300.415(bK2)(vii); There are no other response mechanisms that could address the chemical hazards posed by the hazardous substances on this site in a timely manner. The City of Terrell and TCEQ do not currently have the resources to address the site. The EPA has and will continue to coordinate with the TCEQ and local government on this response action.

Other situations or factors that may pose threats to public health or welfare of the United States orthe environment; Failure to address these hazardous substances may result in more significant on and off-site migration of these hazardous substances thereby

- creating a larger and more costly response action, and posing a greater impact on human health, welfare, or the environment.

B. Threats to the Environment

At this time, it is evident that the environment has been impacted by the site as observed in the contaminated groundwater. Failure to take the proposed action could result in continued migration of these hazardous siibstances and the potential for further impact to surface soils and groundwater.

IV. EMERGENCY EXEMPTION FROM STATUTORY LIMITS EMERGENCY EXEMPTION FROM STATUTORY LIMITS

The total projected cost ceiling will exceed the statutory $2 mitlion limit and the twelve rtionth statutory Umit for removal actions. Accordingly, I recommend authorization of an exemption from the statutory limit of $2 miUion and the 12 months.

7 Request for Removal Action at the Van der Horst USA Cotp site, Terrell, Kaufinan County, TX

000007

029402

Section 104 of CERCLA, 42 U.S.C. § 9604, vests the authority to conduct the removal action described in this memorandum, and the authority to make the findings necessary to obtain the relevant statutory exemptions, in the President of the United States. The authority to conduct a removal action and to authorize the relevant CERCLA Section 104 exemptions for a removal action was delegated to the EPA Administrator by Executive Order Number 12580, January 23, 1987,52 Fed. Reg. 2923. This authority was redelegated to the Regional Administrator, EPA Region 6, by EPA Delegation Number 14-2 of November 8,2001. That authority was in tum redelegated to the Director, Superfund Division, EPA Region 6, by EPA Region 6 Delegation Number R6-14-2 of March 21,2002

Accordingly, I recommend that you find, based on the administrative record and the documentation provided in this memorandum, that the removal action at the Site may continue after $2 miUion has been obligated and after 12 months because (i) continued response actions are immediately required to prevent, hmit, or mitigate an emergency; (ii) there is an immediate risk to public health or welfare or the environment; and (iii) assistance will not otherwise be provided on a timely basis.

See Guidance on Implementation of the Revised Statutory Limits on Removal Actions, OSWER 9360.0-12 (April 6,1987).

The following information, along with the administrative record, supports the findings recommended above:

A. Continued response actions immediately required to prevent, limit, or mitigate emergency. Section 104(c)(l)(i) of CERCLA, 42 U.S.C. § 9604(c)(l)(i).

No other agency is capable of the expeditious action necessary to address the releases or the threats of releases of hazardous substances at the Site.

A serious issue at the site is weather and the impact it has on the site drums, containers, underground sumps, and the structural integrity of the facility. Due to the dilapidated condition of the facihty building rainfall causes pooling on the floors and compromises the structural integrity of the drums and vats. The current condition of the roof is bowl shaped thus allowring large amounts of water to pour into the inside of the Van der Horst building, which causes plating waste to overflow out of the building and into and onto adjacent properties. The facility sumps contain chromium sludge varying from 2-4 feet in depth, because of this, a primary concern is that substantial rainfall could fill the 130,000 gallon facility sumps and mix with the chromium sludge re-contaminating the water and requiring pumping and treating operations.

The security of the site is poor, thus allowing trespassers easy access to the facihty. The flooring of the process area is pitted with open access to the chromium sludge holding tanks. These tanks go to a niaximum depth of 16 feet, creating very hazardous conditions to unknowing trespassers who could unintentionally fall in and not only risk chemical contamination but also physical injuries. The site vats (although covered) contain large amounts of strong acids and bases and could potentially come in contact with trespassers, or have a structural failure and release their

8 Request for Removal Action at die Van der Horst USA Corp site, Terrell, Kaufman County, TX

000008

029403

contents. The overall structural integrity of the facility is very poor, making it susceptible to wall and roofing failures.

B. Immediate risk to public health and welfare or the environment Section 104(c)(l)(u) of CERCLA, 42 U.S.C. § 9604(c)(l)(ii).

There are ongoing releases at the Site of chromiimi, other heavy metals, acids, and bases to the groimdwater and adjacent creeks and streams. The main plating building and small laboratory contain unsecured and improperiy stored chemicals. There is rusting and deteriorating plating equipment, including vessels, drums, vats and pipes that contain various classifications of hazardous waste. Overflow from the vats has been observed where the contents collect in the underground sump, resulting in further groundwater contamination.

These threats require immediate attention at the Site. Delay of response could result in a major release of hazardous substances from deterioration, fire, wind, trespassers or rain.

C. Assistance will not otherwise be provided on a timely basis. Section 104(c)(l)(Ui) of CERCLA, 42 U.S.C. § i>604(c)(l)(iii).

State, county, and local governments do not have the resources required to undertake a cleanup action of the magnitude required at the Site.

y. ENDANGERMENT DETERMINATION

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

VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed action description

CERCLA funds will be utilized for all removal activities. The proposed removal action involves the removal, profihng, packaging, and transport of hazardous substances and contaminated containers to off-site disposal faciUties that are in compliance with the EPA Offsite Rule. The process building will be demohshed, due to the contamination observed beneath the concrete foundation. The building slab and foundation will be removed. Building debris will be segregated based on location to the plating process and Hkelihood of contamination. All waste streams >yill be profiled and disposed of appropriately. Following the removal of all process waste streams and building structures, the extent of soil contamination both vertically and


000009

029404

horizontally will be determined. Contaminated surficial soils (6-12 inches below ground surface) will be removed and a clay cap will be placed over the remaining impacted soils to: minimize the infiltration of pirecipitation into potentially leachable solids and into the underlying groundwater, to prevent exposure of contaminated sohds to human and other ecological receptors, and to minimize any potential surface water run-off following rain events. A six-foot security fence will be installed to prevent unauthorized trespassing at the site.

2. Applicable or relevant and appropriate requirements (ARARs)

This removal action will be conducted to eliminate the actual or potential release of a hazardous substance, pollutant, or contaminant to the environment, pursuant to CERCLA, 42 U.S.C. § 9601 etseq. in a manner consistent with the NCP, 40 C.F.R. Part 300. As per 40 C.F.R. § 300.415(i), Fund-financed removal actions pursuant to CERCLA Section 104,42 U.S.C. § 9604, and removal actions pursuant to CERCLA Section 106,42 U.S.C. § 9606 shall, to the extent practicable considering the exigencies of the situation, attain the applicable or relevant and appropriate requirements under Federal environmental law, including the Toxic Substance and Control Act (TSCA), 15 U.S.C.§ 2601 et. seq.. the Safe Drinking Water Act (SDWA), 42 U.S.C. § 300 et. seq- the Clean Air Act (CAA), 42 U.S.C. § 7401 et. sea.. Clean Water Act (CWA), 33 U.S.C. § 1251 et. seq.. the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et. seq.. or any promulgated standard, applicable or relevant and appropriate requirements, criteria, or limitation under a state environmental or facihty citiiig law that is more stringent than any Federal standard, requirement, criteria, or limitation contained in a program approved, authorized or delegated by the Administrator and identified to the President by the state.

Due to the fact that consolidation and off-site disposal are the principal elements of this removal action, RCRA waste analysis requirements found at 40 C.F.R. §§ 261.20 and 261.30, RCRA manifesting requirements found at 40 C.F.R. § 262.20, and RCRA packaging and labeling requirements found at 40 C.F.R. § 262.30 are deemed to be relevant and appropriate requirements for this removal action. Because on-site storage of hazardous wastes by EPA is not expected to exceed ninety days, specific storage requirements found at 40 CFR Part 264 or 265 are not apphcable or relevant and appropriate. See 40 CFR § 262.34. All hazardous substances, pollutants, or contaminants removed off-site for treatment, storage, or disposal shall be treated, stored, or disposed at a facility in compliance, as determined by the EPA, pursuant to 40 CFR § 300.440. All off-site transportation of hazardous materials will be performed in conformity with U.S. Department of Transportation (DOT) requirements at 49 CFR § 172.

3. Project schedule

The EPA expects to initiate removal action upon approval of this Action Memorandum. The removal action will last approximately 8 to 12 months.

B. Estimated Costs

Extramural Costs:

10 Request for Removal Action at the Van der Horst USA Corp site, Terrell, Kaufinan County, TX

000010

029405

Contractor CERCLA Funds

Cleanup Contractor $ 2,275,000 START $ 495,000 Total Extramural $ 2,770,000

Site Contingency (20%) $ 554,000

TOTAL PROJECT CEILING $ 3,324,000

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

If action is not taken at the Site, the natural degradation of the containers will continue until a catastrophic release of the hazardous substances located at the site occurs; or until a fire occurs which engulfs the chemicals on the site. Such a fire could lead to the releases of hazardous substances into the air which could result in residential exposures and evacuations. Additionally, trespassers and vandals could damage containers or start a fire which could result in releases to the ground and to the air. A release from this Site could resuU in exposure to human populations.

Vm. OUTSTANDING POLICY ISSUES

There are no outstanding pohcy issues associated with this action.

IX. ENFORCEMENT

The total for this removal action based on full-cost accounting practices that will be eligible for cost recovery are estimated to be $5,484,803

(Direct Cost) + (Other Direct) + (52.61% of Total Direct {Indirect Cost}) = Estimated EPA Cost for a Removal Action

$ 3,324,000 + $ 270,000 + (52.61% x $ 3,594,000) = $ 5,484,803

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. These estimates do not include pre-judgment interest, do not take into account other enforcement costs, including Department of Justice costs, and may be adjusted during the course of a removal action. The estimates are for illustrative purposes only, and their use is not intended to create any rights for responsible parties. Neither the lack of a total cost estimate nor the deviation of actual


000011

029406

total costs from this estimate will affect the United States right to cost recovery.

X. RECOMMENDATION

This decision document recommends the selected removal action under CERCLA for the Van der Horst USA Corp Site in Terrell, Kaufman County, Texas developed in accordance with CERCLA, 42 U.S.C. § 9601 et. seq.. and is not inconsistent with the NCP, 40 CFR § 300. This decision is based on the Administrative Record for the Site.

Conditions at the Site meet the criteria defined in Section 300.415 and 300.305 of the NCP, I recommend your approval of the proposed removal action. The total CERCLA extramural project ceiling for the proposed action, if approved, will be $3,324,000. The estimated $3,324,000 would come ftx)m the Regional removal allowance.

APPROVED: ^ 2 ^ 7 W > " W M A ^ fMu^O, DATE: (fe^ 7 ^ ^ ^ f Samuel Coleman, P.E./bifector ( / [J Superfund Division

Attachments

12 Request for Removal Action at die Van der Horst USA Corp site, Terrell, Kaufinan County, TX

000012

029407

ATTACHMENT 1

Map Identifying Location of Facility

Request for Removal Action at the Van der Horst USA Corp Site

000013

029408

000014

029409

ATTACHMENT 2

Map Identifying Contamination Locations


000015

029410

SEE SKETCH 4 FOR KTAIL OF TANK

0

o

vAra

FENt t

DRUHS

DRAFT

,1 us B'A REGION 6 ^' arrABr-3

RGURE 2-2 SITE SKETCH (3 OF 4) VAN OER HORST USA CORP.

419 E. GROVES ROAO TEHRQl. KAUFMAN COUWIY. TEXAS

H;\START « ^ A \ j a t a j U t a l Ptcrting Sy* T,rr•l^06l60at8U.ll«g Jul W. 2008 ~ 10:3Sani

000016

029411

ATTACHMENT 3

Waste Categorization Summary (2008)


000017

029412

Volume(qal.) 6648.10

41.25 41.25

4.13 71.50 96.25

7424.50 1659.93

103.13 48.13

901.84

795.38

6184.73 383.13

13.75 257.00

55.00 5446.00

4416.00 7080.75

55.00 268.13

48.13

Waste Summary Liquids Non-Hazardous Liquids

Chlorine Containing Oxidizer Liquids with Peroxides Chlorine Containing Liquids Chlorine Containing Oxidizer Liquids with Peroxides PH<3 Chlorine Containing Flammable Liquids Oxidizer Liquids pH<3 Chromium Containing Oxidizer Liquids pH<3 Liquids pH<3 Oxidizer Liquids with Peroxides Oxidizer Liquids

Flammable Liquids

Chromium Containing Oxidizer Liqiilds

Chromium Containing Liquids pH>12 Chromium Containing Liquids Oxidizer Liquids with Peroxides pH<3 Chromium Containing Flammable Liquids Chlorine Containinq Oxidizer Liquids pH<3 pH>12 Liquids Chromium Containing Oxidizer Liquids with Peroxides pH<3 Chromium Containinq Liquids pH<3 Chromium and Chlorine Containinq Liquids Chromium and Chlorine Containinq Liquids pH<3

Chromium and Chlorine Containinq Oxidizer Liquids

Volume (gal.) 6186.56

27.50 749.90

185.63 48.13 55.00

165.00 48.13

268.13 110.00

96.25

96.25

37.13 137.50 48.13 48.75

370.00 48.13

116.88 453.63

78.20 235.63

27.50

Solids Non-Hazardous Solids

Oxidizer Solids Chromium Containinq Solids Chromium Containing Oxidizer Solids with Peroxides Chlorine Containinq Oxidizer Solids with Peroxides Oxidizer Solids with Peroxides Chlorine Containinq Oxidizer Solids Chlorine Containinq Solids with Peroxides Chlorine Containinq Solids Chromium Containinq Solids pH>12 Chromium and Chlorine Containing Solids with Peroxides Chromium and Chlorine Containing Oxidizer Solids with Peroxides Chlorine Containing Oxidizer Solids with Peroxides 0H<3 Chromium Containinq Oxidizer Solids Solids with Peroxides Solids oH> 12 Solids pH<3 Chromium Containinq Solids with Peroxides pH<3 Chromium Containing Oxidizer Solids with Peroxides pH<3 Chromium Containing Solids pH<3 Flammable Solids Chromium Containinq Oxidizer Solids pH<3

Oxidizer Solids pH<3

000018

029413

Waste Summary Volume(gal.)

57.38

6.38 55.00

2486.75 3501.00

1414.00

423.00

Liquids Chromium and Chlorine Containing Oxidizer Liquids pH<3 Chromium and Chlorine Containing Oxidizer Liquids with Peroxides pH<3 Cyanide Containinq Liquids pH>12 Chromium Containing Oxidizer Liquids with Peroxides Chromium Containinq Oxidizer Liquids pH> 12 Chromium and Cyanide Containing Oxidizer Liquids pH<3 Chromium Containing Liquids with Peroxides pH>12

Volume (gal.) Solids

000019

029414

ATTACHMENT 4

ENFORCEMENT ATTACHMENT TO THE ACTION MEMORANDUM FOR the "Van der Horst USA Corp." SITE," IS

ENFORCEMENT SENSITIVE

Note: This document has been withheld as Enforcement Confidential and is located in Separate "CONFIDENTIALITY FILING" at U.S. EPA, Region 6

Request for Removal Action at the Van der Horst USA Corp. Site

000020

029415

MEMORANDUM * ' ^N07»1®*

SUBJECT: Request for Removal Action at the Yah der Horst USA Corp site, Terrell, Kaufman County, TX

FROM: Eric Delgado, On-Scene Coordinator Prevention and Response Branch (6SF-PR)

TO: Samuel Coleman, P.E., Director Superfiind Division (6SF)

THRU: . Ragan Broyles, Associate Director J - . Prevention and Response Branch (6SF-P)

I. PURPOSE

This membrandum requests the approval of a time-critical removal action as authorized by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9604 at the Van der Horst USA Corp Site (hereinafter referred to as the "Site"). The general scope of the removal action vvill be to remove and dispose hazardous substances that are present in multiple electroplating vats, a large underground sump, 55-gallon drums, and other small containers, and heavy metal contaminated soils, primarily chromium, from locations on-site.

The actions described in this memorandum meet the criteria for initiating a removal action under Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR § 300.415. This action is expected to exceed the statutory $2 million limit and the twelve month statutory limit for removal actions

n . SITE CONDITIONS AND BACKGROUND

CERCLIS No.: Categoryof Removal: Superfund Site E) No.: Latitude: Longitude:

Webster

TXD007357932 ' Time-Critical A6H1 32-734418° North -96.273713° West

^ e ^ £ en/Broyles SF-P

Peycke 6RC-S

000021

029416

ATTACHMENT 2

ENFORCEMENT ATTACHMENT TO THE ACTION MEMORANDUM FOR the "Van der Horst USA Corporation Site" IS

ENFORCEMENT SENSITIVE

Note: This document has been withheld as Enforcement Confidential and is located in Separate "CONFIDENTIALITY FILING" at U.S. EPA, Region 6

Request for Approval of a Ceiling Increase for the Van der Horst USA Corporation Site

029417

MEMORANDUM

SUBJECT: Request for Approval of a Ceiling Increase for the Van der Horst USA Corporation Site, Terrell, Kaufinan County, Texas

FROM: Eric Delgado, On-Scene Coordinator (6SF-PR) Prevention & Response Branch


THRU: Mark Hansen, Acting Associate Director Prevention & Response Branch (6SF-P)

I. PURPOSE

This memorandum requests approval for a Ceiling Increase for the Removal Action pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. § 9604 et seq^ at the Van der Horst USA Corporation Site ("Site") located in Terrell, Kaufinan County, Texas. The proposed scope of this action includes those actions contained in the Original Action Memo as well as an expansion in the scope to complete the removal action. In summary, the amount of significantly contaminated soil and sludge greatly exceeded original expectations in the emergency response assessment due to the removal of the building foundation during the removal action.

This action continues to meet the criteria for initiating a removal action under the National Contingency Plan (NCP), 40 CFR ' 300.415.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS NO: Category of Removal: Site ID NO: Latitude: Longitude:

TXD007357932 Time Critical Removal A6H1 32.734418° North -96.273713° West

Webster 6SF

ersen/Hansen Johnson Quinones 6SF-TE^ 6RC-S

Peycke 6RC-S

029418

united states environmental protection … · national contingency plan (ncp), 40 ... stabilization...

Documents