sdms docid# 2257038
TRANSCRIPT
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX
75 Hawthorne Street San Francisco, CA 94105
MEMORANDUM
SUBJECT: Request for a Time-Critical Removal Action at Santa Fe Mine No. 2 Red Mountain, San Bernardino Co., CA
FROM: Robert Wise, On-Scene Coordinator Emergency Response Section (SFD-9-2)
TO:
Daniel Meer, Assistant Director Response, Planning & Assessment Branch (SFD-9)
THROUGH: Harry Allen, Chief Emergency Response Section (SFD-9-2)
I. PURPOSE
The purpose of this Action Memorandum is to obtain approval to spend up to $632,700 in direct extramural costs to mitigate threats to human health and the environment posed by uncontrolled hazardous substances (arsenic) at the abandoned Santa Fe Mine No.2-Red Mtn. (SFM) Superfund Removal Site (the "Site"). The Site is located in Red Mountain, San Bernardino County, California. The proposed removal of hazardous substances would be taken pursuant to Section 104(a)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9604(a)(1), and Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F.R. § 300.415.
II. SITE CONDITIONS AND BACKGROUND
Site Status: Non-NPL Category of Removal: Time-Critical CERCLIS ID: CAN000908979 SITE ID: 09WK
A. Site Description
1. Physical Location
The site is a pile of suspected mine tailings or waste rock (mine waste) from historical precious metal recovery and processing operations located on privately-owned land in Red
SDMS DOCID# 2257038
Mountain, San Bernardino County, California. The site is bounded on all sides by residential structures. It is unknown whether all adjacent structures are occupied. The geographic coordinates of the approximate center of the pile are latitude 35.356047 north and longitude 117.618172 ° west. The parcel number for the site is APN: 0503-381-14000. The address is 60501 — 60509 Broadway Ave., Red Mountain. A site vicinity map (Figure 1) and a site location map (Figure 2) are located in Appendix A.
2. Site Characteristics
The site is located on private land in the city of Red Mountain, San Bernardino County, California. Red Mountain is part of the Bureau of Land Management's (BLM) Rand Mining District (RMD). RMD consists of the cities of Randsburg, Red Mountain and Johannesburg. The area is a patchwork of private and BLM owned land. The BLM is currently conducting remedial activities on a number of different mines in the RMD located on BLM land. The City of Red Mountain is a historical mining town dating back to the late 1800s. The site was thought to be utilized as a shaft mining operation as the Santa Fe Mine Number 2 between approximately 1898 and the 1940s.
The pile is irregularly-shaped, approximately 15 feet high at its highest point, and is approximately 30,000 square feet (0.7 acres) in area and 13,500 cubic yards in volume. To the northeast of the pile is a 10' x 10' mine shaft that is fenced and covered. Anecdotal information indicates that the shaft may extend up to 1,200 feet below ground surface (bgs). A newspaper article from 1925 indicates that the shaft was 925' bgs at that time. The pile is not fenced. Vehicle access to the pile is via dirt roads to the west and south from State Highway 395. The residential area surrounding the site is relatively flat; however, in the vicinity are small mountains.
The surface land and mineral rights are owned by an individual. However there are a number of structures on the property occupied by squatters or individuals with deeds for the individual structures. Some of these individuals have historical land leases dating back to previous owners and some do not. One property with a deed is the B amily residence which abuts directly against the northern end of the pile. This residence consists of an approximate 100'x 50' chain-link fenced area. There is a house and two small out buildings on the property. Mine waste from the pile was visually observed against the house and on the southern end of the property where the pile is leaning against the structures.
3. Removal Site Evaluation
On April 13, 2010, On-Scene Coordinator (OSC) Robert Wise and the Superfund Technical Assessment and Response Team (START) joined representatives of the Environmental Protection Agency (EPA) Region 9 Mine Working Group and a representative from BLM on a tour of RMD. The BLM requested EPA assistance on dealing with mine waste issues on private lands not controlled by BLM. During this tour, the START at OSC Wise's
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direction conducted periodic X-Ray Fluorescence (XRF) screening of publically-accessible suspected mine waste piles. Piles were screened in Randsburg, Johannesburg and Red Mountain. All XRF arsenic screening concentrations exceeded 4,000 milligrams arsenic per kilogram of matrix (mg/kg). Based on the XRF screening arsenic concentration and the proximity of the mine waste to homes with young children at SFM in Red Mountain, OSC Wise determined a removal assessment was necessary to quantify the arsenic concentrations and the horizontal/vertical impact of arsenic contamination at SFM. Due to difficulties with locating the property owner and gaining access, the removal assessment did not occur until August 2010.
On August 17, 2010, OSC Wise and the START mobilized to the site to conduct a removal assessment. The specific field sampling and chemical analysis information in the Sampling and Analytical Plan (SAP) was prepared by the START in accordance with the following U.S. EPA documents: EPA Requirements for Quality Assurance Project Plans ( EPA QA/R 5, March 2001, U.S. EPA/240/B 01/003); Guidance for the Data Quality Objectives Process (EPA QA/G 4, February 2006, EPA/240/R 02/009); Guidance on Choosing a Sampling Design for Environmental Data Collection ( EPA QA/G 5S, December 2002, U.S. EPA/240/R 02/005); and Uniform Federal Policy for Implementing Environmental Quality System (EPA/505/F-03/001, March 2005).
The START collected 15 surface mine waste pile samples from the perimeter base of the pile in 50-foot increments. Additionally, the START collected three surface waste pile samples from the top of the pile. The START collected three background samples from surface soil located in an undisturbed area west of State Highway 395. All sample locations were documented by the START using Global Position System (GPS). The site sample locations are illustrated in Appendix A, Figure 3: August 2010 Surface Sample Locations. All samples were analyzed at EMAX Laboratories, Inc. for total arsenic and silver using EPA Method 6020 and total cyanide using EPA Method 9010. Arsenic concentrations at the pile ranged from 143 mg/kg up to 10,000 mg/kg. Background concentrations for arsenic are approximately 118 mg/kg. Cyanide was not detected and all silver concentrations were below 19 mg/kg„ The data are listed in Appendix B, Table 1: August 2010 Surface Soil Sampling Data.
Previous sampling conducted by BLM in the Red Mountain area as part of on-going remedial activities in the RMD documented a mean arsenic background level of 136 m/kg. Because of a need to establish a more-accurate background arsenic concentration for the area, to delineate the vertical extent of arsenic contamination in the pile, and to assess impacts to nearby residential properties, OSC Wise directed the START to prepare an additional SAP to meet those objectives.
On February 9, 2011, after securing access from a new landowner, OSC Wise, EPA Civil Investigator Craig Whitenack, the START, a START-subcontracted archeologist and the EPA Emergency and Rapid Removal Services (ERRS) contractor mobilized to the site to conduct additional removal assessment operations. OSC Wise directed the ERRS, under a pre-planning Task Order, to conduct exploratory excavations into the mine waste pile to allow for vertical delineation of arsenic contamination and to assess the subsurface structural makeup of the pile
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for future removal actions and State Historic Preservation Act (SHPA) considerations. Subsurface waste pile samples were collected from approximately 3, 6, and 9 feet bgs. Nine potholes were dug using a mini-excavator and 27 samples were collected by the START. Sample locations were documented using GPS, and are shown in Appendix A: Figure 4: February 2011 Pile Sampling Locations. The samples were submitted to the U.S. EPA Region 9 Laboratory in Richmond, California to be analyzed for California Code of Regulation Title 22 (Title 22) metals using EPA Method 6010B. The subsurface soil sample arsenic concentrations ranged from 330 mg/kg to 11,000 mg/kg within the pile. Approximately 10% of the samples were submitted to GEL Laboratories for gold concentration. Gold analysis was conducted to determine if the mine waste could have economic value if the pile were to be relocated during the removal or sometime in the future. The data is listed in Appendix B, Table 2: Subsurface Soil Sampling Data.
OSC Wise and the START also collected 10 surface soil samples from the adjacent residential property (See Appendix A: Figure 5: roperty Sample Locations
Map). OSC Wise secured access from the land owner. The structures on this property are owned by an individual different from the landowner. [Note: See the Confidential Enforcement Addendum for a discussion on the property ownership issues on this site.] Samples were submitted to Test America Laboratories, Inc. in Irvine, California to analyze for Title 22 metals using EPA Method 6010B. The surface arsenic concentrations from the adjacent residential property ranged from 130 mg/kg to 4,800 mg/kg. The data is listed in Appendix B, Table 3:
Property Data.
The START and OSC Wise also collected 30 surface background samples on the outskirts of Red Mountain in areas visually clear of mine wastes. The number of background samples was determined by a START statistician taking existing BLM and START background data into account. Appendix B, Table 4: Background Data includes all of the START. All START background sample points were documented using GPS. The START background sample locations from both August 17, 2010 and February 9, 2011 are documented in Appendix A, Figure 6: START Background Sample Location Map. The BLM background sample points are illustrated in Appendix A: Figure 7: BLM Background Sample Location Map. The average background arsenic concentration based on EPA and BLM sampling is 118 mg/kg.
Four air samples were collected and analyzed for arsenic at GEL Laboratories. No arsenic above the method detection limit was detected. Appendix A, Figure 8: February 2011 Air Sampling Locations. The BLM is currently conducting quarterly air sampling in the RMD. The data has documented low concentrations of airborne arsenic.
At the request of the EPA Office of Regional Counsel (ORC), a SHPA assessment was conducted on February 9, 2011 under a START subcontract. No items of historical interest were detected. The SHPA report is included in the administrative record.
On April 19, 2011, OSC Wise requested an Endangered Species Act (ESA) Section 7 Emergency Biological Consultation due to the possible presence of the California desert tortoise,
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listed ESA species from the Ventura U.S. Fish and Wildlife Service (USFWS) office. On April 22, 2011, a representative of USFWS notified OSC Wise that there were no ESA issues in Red Mountain. On USFWS recommendation, OSC Wise also contacted the California Department of Fish and Game (CADFG) to request a biological assessment for California-listed protected species. On April 26, 2011, a CADFG biologist conducted a biological assessment and determined that protected species were not present at the Site.
4. Release or Threatened Release into the Environment of a Hazardous Substance, Pollutant or Contaminant
Field testing and laboratory analytical data collected during the two removal assessments has confirmed the presence of arsenic in the tailings pile and an adjacent residential property in concentrations that exceed the background areas (arsenic background is 118 mg/kg). The concentration of arsenic exceeds by a factor of 20 the Toxicity Characteristic Leaching Procedure hazardous waste-determining level pursuant to Title 40 Code of Federal Regulations (CFR) §261.24. Arsenic is a listed hazardous substance as defined pursuant to 101(14) of CERCLA, 42 U.S.C. § 9601(14).
The potential for vandalism, migration due to runoff and blowing dust and continuing deterioration of the Site can result in physical exposure to elevated levels of arsenic. Considering the proximity of nearby residential dwellings, businesses and public highways, the Site represents a significant threat of release affecting nearby populations.
5. National Priorities List ("NPL") Status
The Site is not currently on, or proposed for, the NPL. The RMD is currently being assessed by EPA Region 9 to determine if the entire district or individual sites are eligible for inclusion on the NPL.
B. Other Actions to Date
On February 9, 2011, OSC Wise issued a CERCLA General Notice to the landowner directing him to fence the property and close access to the mine shaft. The current land owner attained the property via a quit claim from the prior property owner sometime in late 2010. In early March, the landowner, acting as directed by the General Notice, closed off all access to the shaft mitigating any threat posed by the shaft.
In 2005, the BLM collected seven waste rock and tailings samples from the Kelly Mine, an adjacent mine site on BLM-controlled property for metals analysis as part of a site reconnaissance. Concentrations of arsenic in samples collected averaged 2,780 mg/kg.
In February 2006, the BLM conducted a soil sampling investigation at seven areas of concern (AOC) in the Red Mountain area The reports describing the AOCs are included in the Administrative Record. The Site was not included in the BLM investigation. However, several AOCs were located near the site. The two AOCs closest to the site had soil samples with
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maximum arsenic concentrations of 1,425 mg/ and 7,718 mg/kg. Additionally, data from the BLM investigation indicated background concentrations of arsenic between 80 and 250 mg/kg. BLM has continuing remedial activities in the greater RMD and Red Mountain.
ORC and BLM are currently in negotiations on the formation of a joint repository in the RMD.
C. State and Local Authorities' Roles
1. State and Local Actions to Date
The San Bernardino County Land Use Services Department (SBCLUSD) has provided OSC Wise with historical and land ownership information. No local or state response, assessment or removal actions have occurred on-site.
2. Potential for Continued State/Local Response
Neither state nor local agencies appear to have the resources to undertake the required cleanup action at this time. The Certified Unified Program Agency (CUPA) in San Bernardino County does not have jurisdiction over mine sites. The CUPA is San Bernardino County Fire Department (SBCoFD). SBCoFD is assisting EPA in finding suitable cover material for the pile after it has been capped with a geosynthetic membrane (See Section V.A.1). The SBCLUSD was contacted concerning county resources to address both the waste rock pile and the shaft and stated that no county resources are available. The California Abandoned Mine Lands Unit was also contacted to determine the availability of closure funding and indicated that no state funding was available. The California Department of Toxic Substance Control (DTSC) Abandoned Mine Lands Unit does not have funding available for site removal operations. OSC Wise is currently in discussions with DTSC's Emergency Response Section to have them fund the fencing of the site after the pile has been capped.
Despite the apparent limitation on their resources, representatives from state and local response organizations may be requested to assist and coordinate with the OSC in various tasks including data review, planning and community relations.
III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES
Conditions at the Site represent a release, and potential threat of release, of a CERCLA hazardous substance threatening to public health, or welfare, or the environment based on the factors set forth in the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"), 40 CFR § 300.415(b)(2). These factors are described more fully below.
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1. Actual or Potential Exposure to Nearby Populations, Animals or the Food Chain from Hazardous Substances or Pollutants or Contaminants
There is an actual or potential exposure to nearby populations from hazardous substances at the Site, due to the presence of arsenic at concentrations up to 10,000 mg/kg on the surface directly adjacent to residential properties. The area's dry climate and winds routinely expose residents to arsenic-laden dusts according to a BLM Office of Inspector General Flash Report on environmental issues in the RMD. The average arsenic background is 118 mg/kg based on EPA and BLM background data. The arsenic contamination on-site is several orders of magnitude in excess of background concentration. Sampling by EPA has documented that arsenic-contaminated waste rock has migrated onto the property at concentrations up to 4,800 mg/kg.
Ingesting very high levels of arsenic can result in death. Exposure to lower levels can cause nausea and vomiting, decreased production of red and white blood cells, abnormal heart rhythm, damage to blood vessels, and a sensation of "pins and needles" in hands and feet. Ingesting or breathing low levels of inorganic arsenic for a long time can cause a darkening of the skin and the appearance of small "corns" or "warts" on the palms, soles, and torso. Skin contact with inorganic arsenic may cause redness and swelling. Several studies have shown that ingestion of inorganic arsenic can increase the risk of skin cancer and cancer in the lungs, bladder, liver, kidney and prostate. Inhalation of inorganic arsenic can cause increase risk of lung cancer. The United States Department of Health and Human Services has determined that inorganic arsenic is a known carcinogen. The International Agency for Research on Cancer, and the EPA have determined that inorganic arsenic is carcinogenic to humans.
2. High Levels of Hazardous Substances or Pollutants or Contaminants in Soils Largely At or Near the Surface that May Migrate
Arsenic in excess of 11,000 mg/kg has been detected in the mine waste at the Site. The property, which is situated directly adjacent to the waste rock pile on northeast corner of
the property, has concentrations of arsenic in the surface soil up to 4,800 mg/kg. Previous reports by BLM on the arsenic exposure in the RMD in general have documented off-site migration of arsenic-laden dusts.
3. Weather Conditions that May Cause Hazardous Substances or Pollutants or Contaminants to Migrate or Be Released
Surface water runoff contaminated with arsenic could migrate off-Site which could pose a human health risk to neighboring residential properties. Further, weathering of the waste rock pile by wind, sun and rain can cause the deterioration of remaining materials and will result in an ongoing release of arsenic to the community.
4. Availability of Other Appropriate Federal or State Response Mechanisms to Respond to the Release
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Neither state nor local agencies appear to have the resources to undertake the required cleanup action at this time. The Certified Unified Program Agency (CUPA) in San Bernardino County does not have jurisdiction over mine sites. The CUPA is San Bernardino County Fire Department (SBCoFD). SBCoFD is assisting EPA in finding suitable cover material for the pile after it has been capped with a geosynthetic membrane (See Section V.A.1). The SBCLUSD was contacted concerning County resources to address both the waste rock pile and the shaft and stated that no county resources are available. The California Abandoned Mine Lands Unit was also contacted to determine the availability of closure funding and indicated that no state funding was available. The California Department of Toxic Substance Control (DTSC) Abandoned Mine Lands Unit does not have funding available for site removal operations. OSC Wise is currently in discussions with DTSC's Emergency Response Section to have them fund the fencing of the site after the pile has been capped.
IV. ENDANGERMENT DETERMINATION
Actual or threatened releases of hazardous substances 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, or welfare, or the environment.
V. PROPOSED ACTIONS AND ESTIMATED COSTS
A. Proposed Actions
1. Proposed Action Description
EPA proposes to cap the pile and limit access to the site. The EPA removal actions will include the following:
• Place a temporary cap on the pile to prevent erosion and migration of contaminants • Fence the capped pile to prevent unauthorized access;
Additional soil removal at other residential properties near the site may occur at the OSC's discretion. A "Mine Waste Cap Criteria and Alternatives Analysis Technical Memorandum" is included in the Administrative Record.
2. Contribution to Remedial Performance
EPA is currently evaluating the RMD, which includes the site, for inclusion on the NPL either as a whole or as individual sites within the RMD. This site may be subject to additional remediation under the NPL process. This removal action should remove all immediate threats posed by uncontrolled hazardous substances at the Site.
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The long-term cleanup plan for the Site: Final reporting of this removal action will be provided to EPA Region 9, the California Department of Toxic Substances Control and the San Bernardino County Fire Department for consideration in any further activities under state or county programs.
Threats that will require attention prior to the start of a long-term cleanup:
The immediate threats that have been identified in the Action Memorandum will be addressed by the proposed removal action. Additional actions may be conducted depending on the outcome of the NPL evaluation and when a permanent location is identified for the materials in the pile.
The extent to which the removal will ensure that threats are adequately abated:
The containment of exposed hazardous substances is expected to abate the immediate threats from the Site.
Consistency with the long-term remedy:
The site removal actions are not inconsistent with likely long term remedial plans for the site.
Post Removal Site Control
The OSC has begun planning for the provision of post-removal Site control, consistent with the provisions of § 300.415(k) of the NCP. The land owner will be ordered pursuant to an UAO to maintain the integrity of the cap and the fencing.
3. Applicable or Relevant and Appropriate Requirements ("ARARs")
Section 300.415(j) of the NCP provides that removal actions must attain ARARs to the extent practicable, considering the exigencies of the situation.
Section 300.5 of the NCP defines applicable requirements as cleanup standards, standards of control, and other substantive environmental protection requirements, criteria or limitations promulgated under federal environmental or state environmental or facility siting laws that specifically address a hazardous substance, pollutant, contaminant, remedial action, location or other circumstances at a CERCLA site.
Section 300.5 of the NCP defines relevant and appropriate requirements as cleanup standards, standards of control and other substantive requirements, criteria, or limitations promulgated under federal environmental or state environmental or facility siting laws that, while not "applicable" to a hazardous substance, pollutant, or contaminant, remedial action,
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location, or other circumstances at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA site and are well-suited to the particular Site.
Because CERCLA on-site response actions do not require permitting, only substantive requirements are considered as possible ARARs. Administrative requirements such as approval of, or consultation with administrative bodies, issuance of permits, documentation, reporting, record keeping and enforcement are not ARARs for the CERCLA response actions confined to the Site.
The following ARARs have been identified for the proposed response action. All can be attained.
Federal ARARs: Potential federal ARARs are the RCRA Land Disposal Restrictions, 40 C.F.R. § 268.40 Subpart D; the CERCLA Off-Site Disposal Restrictions; and the U.S. Department of Transportation of Hazardous Materials Regulations, 49 C.F.R. Part 171, 172 and 173.
State ARARs: Potential state ARARs are Characteristics of Hazardous Waste implemented through the California Health and Safety Code, Title 22, § 66261.20, § 66261.21, § 66261.22, § 66261.23, § 66261.24.
On April 12, 2011, DTSC provided BLM with an ARARs analysis as part of BLM's remedial activities in RMD. This ARARs analysis is attached in Appendix C..
4. Project schedule
The Time Critical removal activities may be initiated onMarch 1, 2012. Removal activities will require approximately three weeks to complete.
B. Estimated Costs
Regional Removal Allowance Costs
Cleanup Contractor $ 632,700
Extramural Costs Not Funded from the Regional Allowance
START Contractor $ 80,000
Extramural Subtotal $ 712,700
Extramural Contingency (20%) $ 142,540
TOTAL, Removal Action Project Ceiling $855,240
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VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN
Given the Site conditions, the nature of the hazardous substances documented on-Site and the potential exposure pathways to nearby populations described in Sections III and IV above, actual or threatened releases of hazardous substances from the Site, if not addressed by implementing the response actions selected in this Action Memorandum, present an imminent and substantial endangerment to public health, or welfare, or the environment that could increase as a result of weather and uncontrolled access to the Site.
VII. OUTSTANDING POLICY ISSUES
There are no outstanding policy issues with the Site or the proposed removal action identified at this time.
VIII. ENFORCEMENT
Please see the attached Confidential Enforcement Addendum for a discussion regarding PRPs and enforcement. In addition to the extramural costs estimated for the proposed action, a cost recovery enforcement action also may recover the following intramural costs:
Intramural Costs l
U.S. EPA Direct Costs $ 30,000
U.S. EPA Indirect Costs
$422,348 (47.71% of $855,240+ 30,000)
TOTAL Intramural Costs $452,348
The total EPA extramural and intramural costs for this removal action, based on full-cost accounting practices that will be eligible for cost recovery, are estimated to be $1,012,055. Of this, an estimated $ 632,700 comes from the Regional removal allowance.
'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, 2000. 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 deviation of actual costs from this estimate will affect the United States' right to cost recovery
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IX. RECOMMENDATION
This decision document represents the selected removal action for the SFM, Red Mountain, San Bernardino County, California, as developed in accordance with CERCLA and not inconsistent with the NCP. This decision is based on the Administrative Record for the Site.
Because conditions at the Site meet the NCP criteria for a time-critical removal, I recommend that you concur on the determination of imminent and substantial endangerment and the removal action proposed in this Action Memorandum. The total removal action project ceiling if approved will be $1,307588, of which an estimated $632,700 comes from the Regional removal allowance. You may indicate your decision by signing below.
Approve: eLk-ttati oto Daniel eer, Assistant Directors4 xa \\,,,pee Response, Planning and AssessmentUiranc
Disapprove: Daniel Meer, Assistant Director Date Response, Planning and Assessment Branch
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Enforcement Addendum
Index to the Administrative Record
Appendix A: Figures Figure 1 : Site Vicinity Map Figure 2 Site Location Map Figure 3: August 201 0 Sampling Locations Figure 4: February 201 1 Pile Sampling Locations Figure 5: Property Sampling Locations\ Figure 6: START Background Sampling Points Locations (include both the 2010 and 201 1 data
points) Figure 7: BLM Background Data Sampling Points Figure 8: Air Sampling Data Points
Appendix B: Tables
Table 1: August 2010 Sample Data Table 2: February 201 1 Subsurface Sampling Data Table 3: Property Sampling Data Table 4: Background Sampling Data
Appendix C: DTSC ARARs Analysis
cc: Sherry Fielding, USEPA, OEM, HQ Director, California Department of Toxic Substances Control
Bcc: Site File Craig Whitenack, EPA Civil Investigator Robert Wise, SFD-9-2 Karen Goldberg, ORC-3 Celeste Temple, SFD-9-4 George Kenline, San Bernardino Co. wlo enforcement confidential addendum Randy Adams, DTSC wlo enforcement confidential addendum Patricia Copeland, RWQCB wlo enforcement confidential addendum Kris Doebbler, BLM wlo enforcement confidential addendum
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Confidential Enforcement Addendum
Index to the Administrative Record
1. Draft Removal Site Inspection, Kelly Mine, Red Mountain, CA. BLM 2. Health Consultation, Kelly Mine: Evaluation of Residential Exposures to Soil
Arsenic, Red Mountain, San Bernardino Co., CA, USDHHS, September 14,2009 3. DO1 OIG Flash Report, Environmental Health and Safety Issues at the BLM
Ridgecrest Field Office, RMD,CA 4. START Assessment Report, Pending 5. State Historic Preservation Act Report 6. Mine Waste Cap Criteria and Alternatives Analysis Technical Memorandum
APPENDIX A
Figures
Source: ESRI Streetmaps
Figure 1Site Vicinity Map
Santa Fe Mine #2-Red Mountain60501-60609 Broadway Ave
Red Mountain, CA
Project # 002693.2088.01RATDD# TO2-09-10-04-0005
´0 0.5 1 Miles
SITE
!\(
SITE
Area ofArea ofDetailDetail
Figure 2Site Location Map
Santa Fe Mine #2-Red Mountain60501-60609 Broadway Ave
Red Mountain, CA
Project # 002693.2088.01RATDD# TO2-09-10-04-0005 Source: Aerial Photography - Bing Maps
LEGEND
Hwy 3
95/Br
oadw
ay Av
enue
Hwy 3
95/Br
oadw
ay Av
enue
´0 200 400 Feet
Site boundary
Figure 3August 2010
Surface Sampling LocationsSanta Fe Mine #2-Red Mountain
60501-60609 Broadway AveRed Mountain, CA
Project # 002693.2088.01RATDD# TO2-09-10-04-0005 Source: Bing Maps
LEGEND
!(
!(
!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(RED-001-00RED-001-00
RED-002-00RED-002-00
RED-003-00RED-003-00RED-004-00RED-004-00
RED-005-00RED-005-00
RED-006-00RED-006-00
RED-007-00RED-007-00RED-008-00RED-008-00
RED-009-00RED-009-00
RED-010-00RED-010-00
RED-011-00RED-011-00
RED-012-00RED-012-00
RED-013-00RED-013-00RED-014-00RED-014-00
RED-015-00RED-015-00
RED-016-00RED-016-00
RED-017-00RED-017-00RED-018-00RED-018-00
´0 100 200 Feet
Site boundaryParcel boundaryAugust 2010 sampling location!(
Bing Maps m
LEGEND
BLM background soil sample location
Site boundary 0 2,000 4,000 Feet
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Figure 7 BLM Background Sample
Location Map Santa Fe Mine #2-Red Mountain
60501-60609 Broadway Ave Red Mountain, CA
r r u l t ~ ~ und cn \ i rua~n~rn~ , iur.
Appendix B Tables
Table 1: August 2010 Sample Data
Cyanide ND ND I ND I ND I ND I ND I ND I ND I ND Sample ID
I RED 18-00 R E D 1 1 18-00
Arsenic 1,910 1,970 Silver 8.47 21.2 Cyanide ND ND
Table 2: February 2011 Sampling Data
Table 3: Property Sampling Data
Sample ID BOL-OI -00 BOL-02-00 BOL-03-00 BOL-04-00 BOL-05-00 BOL-06-00 BOL-07-00 Arsenic (As) 4800 1200 690 1800 1300 130 550
Sample ID BOL-08-00 BOL-09-00 BOL-I 109-00 BOL-I 0-00 Arsenic (As) 500 130 140 280
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Table 4: Background Sampling Data
August 201 1 Data Sample ID I BKGD-01 I BKGD-02 I BKGD-03 [BKGD-03 DUP Arsenic (AS) I 48 I 5 8 I 3 1 I 45
Februarv 201 1 Data Sample ID BKGD-04 BKGD-05 BKGD-06 BKGD-07 BKGD-08 BKGD-09 BKGD-10 Arsenic (As) 70 66 120 35 62 18 58 Sample ID BKGD-I 1 BKGD-12 BKGDI I 12 BKGD-13 BKGD-14 BKGDl5 BKGD-16 Arsenic (As) 110 36 33 67 140 41 140 Sample ID BKGD-17 BKGD-18 BKGD-19 BKGD-20 BKGD-21 BKGD-22 BKGD-23 Arsenic (As) 36 I 120 I 200 I 400 I 160 I 220 I 180 ' Sample ID BKGD-1123 I BKGD-24 I BKGD-25 I BKGD-26 I BKGD-27 I BKGD-28 I BKGD-29 Arsenic (As) 160 250 88 48 54 57 46 Sample ID BKGD-30 BKGD-1129 BKGD-3 1 BKGD-32 BKGD-33 Arsenic (As) 110 70 99 54 96
Appendix C
DTSC ARARs Analysis
. I I
Department of Toxic Substances Control I
Leonard E. Robinson 1 I Acting Director
Linda S. Adams 8800 Cal Center Drive Edmund G. Brown ~ r . Act~ng Secretary for Sacramento, California 95826-3200 Governor I
Environmental Protection I I
I April 12, 201 I
Mr. Hector A. Villalobos Field Manager U.S. Department of the Interior Bureau of Land Management - Ridgecrest Field Office 300 South Richmond Road Ridgecrest, California 93555
COMMENTS ON APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS TABLE,,RAND HISTORIC MINING COMPLEX, KERN AND SAN BERNADINO COUNTIES, CALIFORNA /
Dear Mr. Villalobos:
Thank you for the opportunity for the Department of Toxic Substances Control (DTSC) to review the "Applicable or Relevant and Appropriate Requirements (ARARs) Table", in your letter dated March 15, 201 1, for response actions being conducted by the Bureau of Land Management (BLM) at the Rand Historic Mining Complex located in Kern and San Bernardino Counties. Your letter indicates that BLM's contractor, Ecology and Environment, Inc., is currently conducting a Remedial Investigation and Feasibility Study (RIIFS) for the Rand Historic Mining Complex. However, it does not provide details as to the scope of the response action including, the names of the mines; type of mining activities; associated processing and disposal; aerial extent and volume of mine waste; identification of chemical of concern; land uses; affected communities; and human and ecological risk assessment.
The ARARs table in your letter does not appear to be complete. In order to assist the BLM I is addressing State ARARs in developing a RIIFS for the Rand Historic Mining Complex,
DTSC provides the following general list of potential ARARs:
I Preliminary Identification of Applicable or Relevant and Appropriate Requirements . 1. California Health and Safety Code, Division 20, Chapter 6.5, Section 251 00
et seq.; Statutes governing hazardous waste control, management and control of hazardous waste facilities, transportation, laboratories, classification of extremely hazardous, hazardous and non-hazardous waste;
2. California Health and Safety Code, Division 20, Chapter 6.8, Section 25300 et seq.; California "Superfund" Law, Hazardous Substances Account ActIHazardous Substances Cleanup Bond Act;
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3. California Code of Regulations, Title 22, Division 4.5, Chapter 30, Article 11, et seq.; Criteria to determine if a material is hazardous. Regulations include soluble threshold limit concentration and total threshold limit concentration analytical procedures;
4. California Code of Regulations, Title 22, Division 4.5, Section 66261, et seq.; Generator requirements, hauler registration, hazardous waste facility permits, enforcement and inspections;
5. California Code of Regulations, Title 22, Division 4.5, Section 66268, et seq.; Land disposal restrictions establishing specific treatment standards of hazardous waste prior to disposal to land; and
6 . California Code of Regulations, Title 22, Division 4.5, Chapter 39, Section 67391 . I , et seq.; Identifies requirements for land use covenants.
California is authorized to implement its promulgated hazardous waste and hazardous substances statutes and regulations. ltem 1 above refers to hazardous waste. The California Health and Safety Code, Division 20, Chapter 6.5, Section 25143.1 provides statutes for certain hazardous waste exemptions for wastes generated from the extraction, beneficiation, and processing of ores and minerals as a result of excavating or recovering an ore or mineral. However, mill tailings, waste rock, ore piles, and other waste may be subject to hazardous waste statutes and regulations depending on how these wastes will be managed.
While DTSC understands that response activities will be conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), ltem 2 above may be applicable for response actions where hazardous substances remain. ltem 3 identifies the California criteria for determining if a waste may be considered a hazardous waste and ltem 4 identifies certain generator requirements. If BLM determines the waste at the Site is exempt from hazardous waste considerations, ltem 3 and 4 would become applicable for any off-site storage, treatment, or disposal .response options. BLM may need to obtain a temporary or permanent Identification Number from U.S. EPA for the generation and handling of a Resource Conservation and Recovery Act (RCRA) hazardous waste or DTSC for a non-RCRA waste. Instructions for obtaining the applicable identification number can be view or downloaded at: http://www.epa.qov/re~ion9/waste/epanums.htmI or http://www.dtsc.ca.aov/HazardousWaste/uploadlGISS -FORM 1358.pdf respectively.
ltem 5 would be applicable for any disposal of hazardous waste. ltem 6 identifies the location for land use covenant regulations which includes provisions for Federal property. Sampling to confirm the absence of hazardous substances would be a necessary step to determine whether land use restrictions are likely.
To-Be-Considered Standards (TBCs)
In addition to the potential ARARs identified above, both U.S. EPA and DTSC have guidance materials. U.S. EPA has guidance on assessing risk and identifying preliminary
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remediation goals including the Human Health Evaluation Manual (Parts A & B) Risk Assessme'nt Guidance for Superfund and the Integrated Uptake Exposure and .Biokinetic Model for predicting blood lead in children.
DTSC also has To-Be-Considered materials, including guidance that should be considered in the ARAR process. DTSC has guidance relevant to human health and ecological risk assessment that forms a basis for establishing cleanup levels for unrestricted use. DTSC risk assessment guidance includes:
1. Leadspread 7, which is a spreadsheet model in Microsoft Excel used to estimate blood lead level concentrations resulting from the exposure to lead. This model may be used to assist in determining soil cleanup levels for lead;
2. The human health screening evaluation process discussed in the 1999 Preliminary Endangerment Assessment Manual can be used to assess risk associated with existing conditions or calculate health based cleanup levels for unrestricted land use;
3. The document titled Use of California Human Health Screening Levels (CHHSLs) in Evaluation of Contaminated Properties can be used to assist in determining appropriate health based cleanup levels (California Environmental Protection Agency);
4. CalTOX, a spreadsheet risk assessment model for multimedia exposure; 5. Supplemental Guidance for Human Health Multimedia Risk Assessments of
Hazardous Waste Sites and Permitted Facilities which provides State methods and default parameters for conducting risk assessment; and
6. Guidance for Ecological Risk Assessment at *~azardous Waste and Permitted Facilities contains the description of the DTSC-recommended phased method for conducting an ecological risk assessment, including Scoping Assessment, Phase I Predictive Assessment, Phase II Validation Study, and Phase Ill Impact Assessment.
Please note, that these methodologies and parameters have specific conditions for their use and can be viewed or downloaded at:
http://www.dtsc.ca.gov/AssessingRisk/index.cfm ; http://www.dtsc.ca.qov/PublicationsForms/prog pub~.cfm?prog=Site%20Cleanup ; http://www.calepa.ca.~ov/Brownfields/documents/2005/CHHSLsGuide.pdf ; http://www.dtsc.ca.qov/AssessinqRisk/ctox dwn.cfm ; and http://www.dtsc.ca.qov/AssessinaRisk/eco.cfm
At this time it is not known to DTSC whether the remedial action alternatives being prepared for the Rand Historic Mining Complex are expected to be the final response for all hazardous substances; whether it is presumed that some hazardous substances are likely to remain pending further evaluation and/or response action; or what the cleanup goals will be. In order to provide you with ARARs that are specific to actions that BLM will be
Mr. Hector A. Villalobos April 12, 201 1 Page 4
proposing to implement at the Rand Historic Mining ~ o m ' ~ l e x , we recommend that BLM provide DTSC a copy of the draft RIIFS following its completion for our review. We also recommend that BLM provide a draft RIIFS to the California Department of Fish and Game; Regional Water Quality Control Board, Central Valley Region; Kern County Air Pollution Control District; and San Bernardino County Air Pollution Control District.
If you have any questions, please contact me at 91 6-255-3591.
Sincerely,
Randy Adams, C.E.G. Senior Engineering Geologist San Joaquin & Legacy Landfill Office Brownfields & Environmental Restoration Program
cc: Mr. Jeff Huggins, P.E. (sent via email) Water Resources Control Engineer Regional Water Quality Control Board Central Valley Region 11020 Sun Center Drive, #ZOO Rancho Cordova, California 95670 j [email protected]
Ms. Kris Doebbler 7 .
U.S. Department of the Interior (sent via email) Bureau of Land Management - Ridgecrest Field pffice 300 South Richmond Road Ridgecrest, California 93555 [email protected]