UNITED STATES ENV1RONMENTAL PROTECTION AGENCY REGION 1

5 POST OFFICE SQUARE - SUITE 100 BOSTON, MASSACHUSETTS 02109-3912

CONTAINS ENFORCEMENT -SENSITIVE INFORMATION

MEMORANDUM

DATE: July 28,2014

SUBJ: Request for a Removal Action at the Irving Tanning Site, Hartland, Somerset County, Maine - Action Memorandum

FROM: Daniel Burgo, On-Scene Coordinator P ~ Emergency Response and Removal Section I

THRU: Michael Barry, Acting Chief /155~./Emergency Response and Removal Section I _ /

Carol Tucker, Chief 7J ( ~ 0

Emergency Planning & Response Branch if{

TO: James T. Owens III, Director Office of Site Remediation and Restoration

I. PURPOSE

The purpose of this Action Memorandum is to request and document approval of the proposed removal action at the Irving Tanning Site (the Site), which is located at 24 Pleasant Street in Hartland, Somerset County, Maine. Hazardous substances present in abandon containers at the Site, if not addressed by implementing the response actions selected in this Action Memorandum, will continue to pose a threat to human health and the environment. There are no nationally significant or precedent-setting issues associated with this Site, and there has been no use of the OSC's $200,000 warrant authority

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID#: MENOOOI0071 0 SITEID#: OI LL CATEGORY: Time-Critical

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A. Site Description

1. Removal site evaluation

On January 7, 2014, the Maine Department of Environmental Protection (MEDEP) Uncontrolled Sites Program requested EPA assistance with removing the abandoned containers at the Site. MEDEP has stated that the tannery went bankrupt, and the Site was abandoned through the bankruptcy proceedings. There is a mortgage held by two State economic development agencies and a portion of the Site is leased by a private business. On 25 April 2014, EPA On-Scene Coordinator (OSC) John McKeown and MEDEP representative Becky Blais, and representatives from Weston Solutions, Inc. (WESTON), Superfund Technical Assessment and Response Team (START) mobilized to the Site to: perform preliminary assessment/site investigation (PA/SI); conducted a building reconnaissance; observe site conditions; conduct container inventory activities; sample containers; and perform hazard categorization (HAZCAT). Personnel inventoried a total of 46 drums in the drum storage area. All of the drums were closed and stored on pallets and varied in container type from metal, fiberboard, and poly materials and size from 2 – 55 gallons. Six drums were selected for sampling based on labels indicating corrosive or flammable materials, or that were representative of a chemical found in a large quantity. Two of the drum samples, DP-01 and DP-03, had a flashpoint of 36.5 and 38 °C, and hazard characterized ignitibility waste has a flash point less than 60 °C. The pH of the drum samples ranged from 8.7 in DP-04 to <1.0 in DP-02, and hazard characterized corrosivity waste had a pH less than or equal to 2. The complete results of the PA/SI are documented in the report entitled Removal Program Preliminary Assessment/Site Investigation report for the Irving Tanning Company Hartland, Somerset County, Maine 25 April 2014.

Based on the Site conditions and analytical results from the PA/SI, a time critical removal action was recommended and approved in the closure memo dated July 22, 2014.

2. Physical location

The Irving Tanning Site is located at 24 Pleasant Street, Hartland, Somerset, County, Maine (ME). The geographical coordinates at the approximate center of the Site are 44° 52′ 57″ north latitude and 69° 27′ 09″ west longitude. The Site is identified on the Hartland tax maps as Tax Map 7, Lots 35 and 39, and Tax Map 19, Lots 28, 29 and 33.

The Site is bordered: to the north by Pleasant Street, residential properties, and the Sebasticook River; to the west by wooded areas and a landfill; to the south by Lower Main Street and commercial/residential properties; to the east by the Sebasticook River, Pleasant Street, and commercial/residential properties.

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3. Site characteristics

The approximately 16-acre Site contains a building complex which contains a series of intercormected buildings and additions and one separate, smaller building on the north­northwestern portion of the property. Tanning operations are not currently performed on site, but some portions of the building complex are actively used as storage space·. Exterior portions of the Site include a paved parking area on the north and northwest sides of the buildings, an access road that encircles the property and connects the Site to Lower Main Street, and a grassy area on the southeast side of the building complex. Local topography is generally flat, with one steep grade that slopes upward to the west toward the landfill. The wooded areas are vegetated with trees and tall grasses. The nearest surface water body is the Sebasticook River, which is located approximately 900 feet to the north-northeast of the Site. Based on the EPA Region I Common Operational Picture report there are:

• 196 Residents within V4 mile; • 1nursing home within Y2 mile; • 1 daycare within Y2 mile.

According to the EPA Region 1 Environmental Justice (EJ) Screen Mapping Tool (EJScreen Version lmapping tool), the Site is in a low income EJ area, Proximity to Major Direct Dischargers EJ area, and Population over 64 years of age EJ area.

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

Field Hazard characterization was performed during the P A/SI on 6 drums of the identified 46 drums and the results indicated that hazardous substances are present including but are not limited to ignitable substances and corrosive substances. All six samples were submitted to the EPA Office of Environmental Measurement and Evaluation (OEME) laboratory, located in North Chelmsford, Massachusetts, for pH and flashpoint confirmation analyses.

Based on the site walk during the P A/SI and information from MEDEP the drums have been abandoned and are in a deteriorated state. If these abandoned drums become involved with a fire, the contents would increase the intensity of the fire and could produce a plume containing substances acutely hazardous to human health and result in road closures and evacuations of nearby residences, schools and businesses.

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5. NPL status

The Site is not currently on the National Priorities List, and has not received a Hazardous Ranking System rating.

B. Other Actions to Date

1. Previous actions

In the late 1980s, MEDEP requested that Irving Tanning Company conduct analyses on composted hair waste that had been disposed ofon site. Cleanup activities began and were completed in 1994. MEDEP then began an investigation into the Irving Tanning Company property (also called the Annex) where tanning chemicals were stored. At some point between 1980 and 1994, the chemicals were piped into a ditch. Twenty monitoring wells were installed on the property, and soil samples were collected. Contaminants of concern included ethyl benzene, methyl isobutyl ketone, toluene, 1, 2, 4-trimethylbenzene, xylenes, and di-isobutyl ketone. In 1999, EPA completed a Resource Conservation and Recovery Act (RCRA) Corrective Action Environmental Indicator (EI) determination and verified "Current Human Exposures Under Control" status for the Site.

2. Current actions

No other activities are being conducted at the Site.

C. State and Local Authorities' Roles

1. State and local actions to date

On January 7, 2014, the MEDEP Uncontrolled Sites Program requested EPA to consider the Site as a CERCLA removal action.

2. Potential for continued State/local response

At this time, neither the property owner nor the MEDEP are able to perform the removal action.

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

Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers, that maypose a threat ofrelease [§300. 415(b) (2) (iii)];

46 containers were identified within the abandoned section of the Site. Based on field HAZCAT and Lab analysis confirmed by the OEME Regional Lab, 6 of the 46 containers were determined to be corrosive and ignitable.

Threat ofjire or explosion [§300.415(b) (2) (vi)];

Based on field HAZCA T the substances were determined to be ignitable and corrosive. If the abandoned containers become involved with a fire, the contents would increase the intensity of the fire and could produce a plume containing substances acutely hazardous to human health and result in road closures and evacuations ofnearby residences, schools and businesses.

The availability ofother appropriate Federal or State response mechanisms to respond to the release [§300.41 5(b) (2) (vii)],·

Neither state nor local authorities have the resources to address drums of hazardous waste at this Si te.

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

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed action description

• Conduct a site walk with the cleanup contractor; • Secure the Site to prevent unauthorized access as necessary; • Conduct sampling and Hazardous Categorization as needed to segregate and stage

waste streams in preparation for transportation and disposal; • Prepare drums and containers for transportation and disposal by over-packing

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and/or use of other appropriate techniques to secure and containerize waste; • Store stabilized containers in a secure location on site in preparation for

transportation and disposal; • Assess and characterize any additional hazardous materials discovered during the

course of this action. Any hazardous materials will either be properly removed and transported to a licensed off-site disposal facility where possible or otherwise addressed as seen fit by the OSC to reduce or eliminate any immediate health and/or environmental threats;

• Dispose of hazardous substances at EPA-approved off-site disposal facilities; and • Repair response-related damage.

2. Community relations

Upon approval of the Action Memorandum, the OSC will coordinate with the EPA Community Involvement Office if the OSC determines a project factsheet or public meeting is determined necessary. The OSC will coordinate with Weston to prepare an Administrative Record File and issue a public notice. The OSC will be available at the Site during removal activities to address any questions or concerns from the public.

3. Contribution to remedial performance

The cleanup proposed in this Action Memorandum is designed to mitigate the threats to human health and the envirorunent posed by the Site. The actions taken at the Site would be consistent with and will not impede any future responses.

4. Description of alternative technologies

No alternative technologies is currently planned for this Site.

5. Applicable or relevant and appropriate requirements (ARARs)

Federal ARARs:

40 CFR Part 262 Standards Applicable to Generators of Hazardous Waste:

Subpart B - The Manifest 262.20: General requirements for manifesting 262.21: Acquisition of manifests 262.22: Number of copies of manifests 262.23: Use of the manifest

Subpart C - Pre-Transport Reguirements

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262.30: Packaging 262.31: Labeling 262.32: Marking

Subpart D - Record keeping and Reporting 262.40: Recordkeeping

40 CFR Part 264 Standards for Owners and Operators of Hazardous waste Treatment, Storage, and Disposal Facilities:

Subpart 1- Use and Management of Containers 264. 17 1 : Condition of containers 264.172: Compatibility of waste with containers 264.173 : Management ofcontainers 264.174: Inspections 264. 175: Containment 264.176: Special requirements for ignjtable or reactive waste 264.177: Special requirements for incompatible wastes

40 CFR Part 264 Hazardous Waste Regulations- RCRA Subtitle C: 268-270: Hazardous and Solid Waste Amendments Land Disposal Restrictions Rule

40 CFR Part 300.440 Procedures for Planning and Implementing Off-Site Response Actions (Off~Site Rule)

40 CFR Part 761.60 and Parts 761.202-21 8: TSCA requirements for disposal of PCBs

State ARARs:

The OSC will coordinate with State officials to identify additional State ARARs, if any. In accordance with the National Contingency Plan and EPA Guidance Documents, the OSC will determine the applicability and practicability of complying with each ARAR that is identified in a timely manner.

6. Project schedule

Once the Action Memorandum has been approved and removal access has been signed by all pertinent parties the OSC plans for removal actions to begin in late summer/early fall of2014. The OSC expects all HAZCA T, drum over-packing, and waste segregation to take place within a week. Transportation and disposal will be scheduled on an expedited time frame and be completed within two months.

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B. Estimated Costs

COST CATEGORY CEILING REGIONAL REMOVAL ALLOWANCE COSTS:

ERRS Contractor Interagency Agreement

$100,000.00 $ 0.00

OTHER EXTRAMURAL COSTS NOT FUNDED FROM THE REGIONAL ALLOWANCE:

START Contractor $15,000.00

Extramural Subtotal $115,000.00 Extramural Contingency I 20% $23,000.00

TOTAL, REMOVAL ACTION CEILING $138,000.00

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

Delayed action will increase public health risks due to the potential for direct contact with wastes and the threat offire involving the drums and containers on site.

VII. OUTSTANDING POLICY ISSUES

There are no precedent-setting policy issues associated with this Site.

VIII. ENFORCEMENT ... For Internal Distribution Only

See attached Confidential Enforcement Strategy.

The total EPA costs for this removal action based on full-time accounting practices that will be eligible for cost recovery are estimated to be $138,000 (extramural costs)+ $15,000 (EPA intramural costs) = $153,000 X 1.3778 (regional indirect rate)= $210,800 1

•

IX. RECOMMENDATION

1Direct Costs include direct extramural costs $138,000 and direct intramural costs $15,000. Indirect costs are calculated based on an estimated indirect cost rate expressed as a percentage ofsite specific costs 37.78% x $153,000, consistent with the full accounting methodology effective Octobe r I , 2013. 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 tbe lack of a total cost estimate nor deviation ofactual total costs from this estimate will affect the United States' right to cost recovery.

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This decision document represents the selected removal action for the Irving Tanning Site in Hartland, Maine, developed in accordance with CERCLA, as amended, and is not inconsistent with the National Contingency Plan. The basis fo r this decision will be documented in the · administrative record to be established for the Site.

Conditions at the Site meet the NCP Section 300.415 (b) (2) criteria for a removal action due to the following:

Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers, that may pose a threat of release [§300.415(b) (2) (iii)] ;

Threat of fire or explosion [§300.415(b) (2) (vi)];

The availability of other appropriate Federal or State response mechanisms to respond to the release [§300.415(b) (2) (vii)];

I recommend that you approve the proposed removal action. The total extramural removal action project ceiling if approved will be $138,000.

DATE:

DISAPPROVAL: _ _ ___ ____ _ DATE:______