united states environmental protection agency a … · 2017-10-20 · 0 44 protec' #cveli) s q...
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44 PROTeC'
#cvelI) S q
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY a REGION 5
77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590
US EPA RECORDS CENTER REGION 5
111111111111111111111111111111 531481
MEMORANDUM REPLY TO THE ATTENTION OF:
SUBJECT: Request for Approval and Funding for a Time-Critical Removal Action at the Gray Container Site, 2800/2810/2818/2820 East 90th Street, Cleveland, Cuyahoga County, Ohio (Site ID #C5DP)
FROM: James Justice, On-Scene Coordinator Andrew Kocher, On-Scene Coordinator Emergency Response Section 1
THRU: Jason H. El-Zein, Chief Emergency Response Branch 1
TO: Margaret M. Guerriero, Acting Director Superfund Division
I. PURPOSE
The purpose of this memorandum is to request and document your approval to expend up to $434,391 to conduct a time-critical removal action at the Gray Container Site (or the Site), located in Cleveland, Cuyahoga County, Ohio 44104.
Emergency Response Branch 1 (ERB 1) Chief, Jason H. El-Zein, verbally authorized funding of $25,000 on March 30, 2017, to secure the Site to prevent trespassing and to containerize —1,500 gallons of spilled and overflowing wastes from floor pits and trench drains. Jason El-Zein verbally authorized an additional $150,000 on May 12, 2017, to further secure the Site against trespassing and scrapping, address safety concerns with downed electrical lines and to begin addressing wastes remaining on Site.
The response actions proposed here are necessary to mitigate threats to public health, welfare, and the environment posed by the presence of uncontrolled hazardous substances at the Site. The Site contains unsecured hazardous substances and waste in the foim of 2 totes of waste that tested characteristically hazardous for benzene, approximately 50 55-gallon drums and small containers of unknown wastes, one large 5,000-gallon tank of unknown waste, and one identified floor pit of waste with overflowing trenches of mixed wastes previously found to be characteristically hazardous for chloroform and trichloroethylene.
In addition, the EPA On-Scene Coordinator (OSC) identified areas of black stained soil and ash outside the process building, that sampling later determined possessed concentrations of hazardous substances above industrial direct contact standards, along with a possible underground storage tank (UST).
Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post-Consumer)
This Action Memorandum would serve as approval for expenditures by EPA, as lead technical agency, to take actions described here to abate the imminent and substantial endangerment posed by hazardous substances at the Site. 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 40 C.F.R. § 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The uncontrolled conditions of the hazardous substances present at the Site, and the potential threats they present, require that this action be classified as a time-critical removal action. The response actions described in this Action Memorandum will require an estimated 30 on-site working days to complete.
There are no nationally significant or precedent setting issues associated with the Site. The Site is not on the National Priorities List (NPL).
II. SITE CONDITIONS AND BACKGROUND
CERCLIS ID: 0HD980903827 Category: Emergency Response / Time-Critical Removal Action
A. Site Description
The Gray Container Site is located at 2800/2810/2818/2820 East 90th Street, Cleveland, Cuyahoga County, Ohio 44104 (Figure 1). The Site is physically bounded to the south by Holton Avenue, to the east by East 90th Street, and to the west and north by vacant lots. Immediately to the northeast across East 90th Street are residential properties. The Site area is a mix of residential, commercial, industrial, and recreational properties. There is a school/church on Holton Street, less than 0.1 miles to the east of the Site. Two large hospitals are located less than 1.0 mile to the north and east of the property and one public school located within a less than 1.0 mile to the east.
The Site was previously utilized as a drum reconditioning facility. Reconditioning activities included burning, shot blasting, washing, repairing, and painting the reclaimed drums. Other operations conducted at the Site included storage of miscellaneous debris and drums.
The average annual rainfall for Cleveland, Ohio is 39.12 inches and the average annual snowfall is 68 inches.
1. Removal site evaluation
Previous sampling conducted by the Ohio Environmental Protection Agency (OEPA) demonstrated that the following wastes exceeded the applicable hazardous waste regulatory levels:
• At least three totes exhibited a pH <2 thus classifying the waste as a corrosive hazardous
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waste (D002). Other totes in the building contained waste that was consistent with other wastes at the facility that have been characterized as hazardous for ignitability (D001), arsenic (D004), chromium (D007), lead (D008), benzene (D018), methyl ethyl ketone (D035), tetrachloroethylene (D039) and trichloroethylene (D040).
• The Rinser Unit process tank was found to exceed the characteristic hazardous waste regulatory levels for chloroform (D022) and trichloroethylene (D040). Gray Container has not addressed the waste in this unit since April 6, 2015.
On March 9, 2017, EPA and OEPA conducted a site inspection and noted a variety of waste remaining at the Site. Waste remains in drums, totes, small containers, tanks, and equipment. The EPA OSC also noted that the north door was recently vandalized causing rain water to enter the building and flood the trench drains and waste pit. In addition, the pump for the Inside Rinser Unit appears to have failed, spilling its contents onto the building floor and contributing to the mixed waste on the floor. There was no evidence of discharge off-site and material was contained within the building.
Outside the Process Building, EPA and OEPA noted multiple areas of stained soil, ash, drums, and small containers.
On March 29, 2017, EPA and OEPA conducted another site inspection and noted additional drums inside the Process Building. Using an infrared camera, EPA determined that several of these had contents and that the approximately 5,000-gallon aboveground storage tank (AST) in the process building also contained unknown liquids.
EPA documented site conditions and recorded an inventory of waste containers to determine the volume and potential waste streams present. The following is the list of suspected waste types by volume and container types observed at the facility:
• Approximately fifty (50) 55-gallon drums • 1 650-gallon tote (D018) • 1 330-gallon tote (D018) • 1 5,000-gallon tank (approximately 3 feet of unknown waste) • Approximately 24 other smaller containers (buckets and cans less than five gallons in
size) • 1 floor pit/trench (— 2,500 gallons) • 1 flooded floor trench (— 1,500 gallons) • 1 Rinser Unit (-2,000) gallons (D022 & D040) • 1 potential UST (unknown volume) • Numerous areas outside with stained soil and/or ash from the incinerator (estimated 0.25
acres).
On April 12, 2017, EPA and OEPA conducted additional screening and sampling of the Process Building and heavily stained surface soils around the southeast corner of the Site as well as around the Process Building, the Receiving Building, the Incinerator Unit and the conveyor
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system leading from the Receiving Building to the Incinerator Unit and into the Process Building.
Sample results identified concentrations of lead [1,220 milligrams per kilogram (mg/kg)], trichloroethylene (137 mg/kg) and 1,2,4 — trimethylbenzene (1,350 mg/kg) in surface soils above the EPA Industrial Direct Contact Removal Management Levels of 800 mg/kg lead, 56 mg/kg trichloroethylene and 730 mg/kg 1,2,4 — trimethylbenzene, respectively. See Administrative Record Document #10 (AR 10). Air monitoring within the Process Building identified elevated total volatile organic compound concentrations with both a photoionization detector (as high as 150 parts per million (ppm)) and flame ionization detector (as high as 220 ppm).
2. Physical location
The Gray Container Site is located at 2800/2810/2818/2820 East 90th Street, Cleveland, Cuyahoga County, Ohio 44104 (Figure 1).
An Environmental Justice (EJ) analysis for the Site is contained in Attachment 4. Screening of the surrounding area used Region 5's EJ Screen Tool. Region 5 has reviewed environmental and demographic data for the area surrounding the Site at 2800 East 90th Street, Cleveland, Cuyahoga County, Ohio, and determined there is a high potential for EJ concerns at this location.
3. Site Characteristics
The Site is a partially secured, 5-acre industrial property in a mixed residential, commercial and industrial area. The Site is comprised of three buildings totaling approximately 34,000 square feet. The Process Building contains the bulk of the liquid waste. The Site was previously utilized as a drum reconditioning facility. Reconditioning activities included burning, shot blasting, washing, repairing, and painting the reclaimed drums. Other operations conducted at the Site included storage of miscellaneous debris and drums.
During various site visits, EPA noted evidence of trespassing, vandalism and illicit scrapping of metal at the Site. According to the property owner, recent unauthorized entrance through the north door occurred at the Site. The vandals damaged the door which subsequently allowed rain water to enter the building flooding the floor trench. Following EPA actions to secure the Site to trespassing on March 31, 2017, there have been documented break-ins, trespassing and evidence of scrapping on at least 7 occasions.
There are numerous containers of various unknown and hazardous wastes present inside the process building, as well as a floor pit and floor trench. EPA has also observed stained soil, ash, drums, and small containers at the Site.
4. Release or threatened release into the environment of a hazardous substance, or pollutant or contaminant
Drums, totes, and containers are present inside the Process Building and scattered around the Site containing unknown liquids. The Process Building contains an approximately 5,000-gallon tank
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which contains unknown liquids. Many of the drums and totes are in poor condition. EPA observed several drums and containers without lids and contained unknown solids/liquids. Two totes are present within the building that have been found to be characteristically hazardous for benzene (D018).
The floor inside the Process Building is covered with residue from historical spills. The floor waste pit and trench drains are overflowing due to the breach in the Inside Rinser Unit and from rainwater entering the north door of the building. The contents of the Inside Rinser Unit exceeded the characteristic hazardous waste regulatory levels for chloroform (D022) and trichloroethylene (D040).
EPA has also observed stained soil, ash, drums, and small containers outside the Site buildings. Approximately six drums of caustic soda were present on the south end of the property. One potential UST was located near the Brick Building just east of the Incinerator Unit containing unknown liquids. Soil samples have identified concentrations of lead, trichloroethylene and 1,2,4-trimethylbenzene in surface soils above industrial direct contact standards.
If left unabated, the wastes identified present an actual as well as threatened additional release of hazardous substances into the environment.
5. NPL status
This Site is not on the National Priorities List (NPL).
6. Maps, pictures and other graphic representations
Attachment 1: Site Location Map Attachment 2: Photo Log Attachment 3: Site Layout Map Attachment 4: Environmental Justice Analysis
B. Other Actions to Date
1. Previous actions
This Action Memorandum documents previous response and investigatory actions in the background section (Section II. A.1).
2. Current action.
On March 31, 2017, EPA mobilized to the Site to secure it against trespassing and containerize spilled wastes on the floor of the Process Building.
On May 8, 2017, as a result of the continued unauthorized break-ins, EPA mobilized to address wastes at the Site and to provide 24-hour security.
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C. State and Local Authorities' Roles
1. State and local actions to date
Since 2007, OEPA's Hazardous Waste Program has conducted multiple inspections at the Site. These inspections revealed the following violations of Ohio hazardous waste laws and regulations:
• Unlawful hazardous waste treatment, storage and disposal activities; • Failure to prepare a closure plan and cost estimate, and conduct closure
activities; • Failure to obtain financial assurance and liability coverage; • Failure to evaluate waste; • Failure to manage hazardous waste containers; • Failure to conduct hazardous waste container and emergency equipment
inspections; • Failure to conduct personnel training; • Failure to comply with the emergency preparedness requirements; • Failure to maintain and operate the facility.
OEPA has issued multiple Notice of Violation letters to the Site's owners concerning these violations, including the most recent on January 8, 2016, March 31, 2016, and April 22, 2016. In September and December 2009, the Ohio Attorney General's Office, on behalf of OEPA obtained Preliminary Injunction Orders through the Cuyahoga County Court of Common Pleas. The Preliminary Injunction Orders required the Site's owners to comply with several hazardous waste and air pollution control laws. In particular, the Preliminary Injunction Orders required the Site's owners to evaluate and dispose of all hazardous waste, as well as prepare a closure plan and conduct closure activities for all areas where hazardous waste was unlawfully treated, stored and/or disposed.
In April 2013, the Ohio Attorney General's Office, on behalf of OEPA, obtained a Judgement through the Cuyahoga County Court of Common Pleas. The Judgement required the evaluation and removal of all hazardous wastes, cessation of the receipt of hazardous waste, submission of an approvable hazardous waste closure plan for areas where hazardous waste was unlawfully treated, stored and/or disposed, establishment of liability insurance, compliance with the closure cost estimate and financial assurance requirements, compliance with the hazardous waste management requirements, cessation of open burning, compliance with all applicable hazardous waste and air pollution control laws and rules, and payment of a $1.05 million penalty.
Gray Container has failed to comply with all aspects of the September and December 2009 Preliminary Injunction Orders and the April 2013 Judgment.
In April 2014, the State's Judgements were consolidated with other judgements obtained by the Ohio Bureau of Workers' Compensation and the Ohio Department of Jobs and Family Services. Due to the Site owner's s failure to comply with the consolidated judgements, the Ohio Attorney General's Office filed a motion to show cause and written charges in contempt in June 2016. In
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September 2016, the Cuyahoga County Court of Common Pleas rendered a preliminary decision in the matter and ordered that all operations at the property cease and the Defendants commence with the cleanup of the property. The Defendants were also ordered to return to court on October 20, 2016, to report their progress on cleanup activities.
On March 2, 2017, the Cuyahoga County Court of Common Pleas found the Defendants in contempt and issued an order for the tenants to vacate the property by March 30, 2017 (AR 7).
2. Potential for continued State/local response
OEPA has requested assistance from EPA in evaluating the Site for a Time-Critical Removal Action. The State does not have the funding to conduct the clean-up but has assisted EPA with conducting additional sampling activities to identify wastes at the Site. No other funding mechanisms have been identified (AR 6).
III. THREAT TO PUBLIC HEALTH OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES
The conditions at the Site present an imminent and substantial threat to public health or welfare, and the environment, and meet the criteria for a time-critical removal action provided for in 40 C.F.R. § 300.415 (b)(2) of the NCP. These factors include, but are not limited to, the following:
• Actual or potential exposure of nearby human populations, animals, or the food chain to hazardous substances or pollutants or contaminants;
Analytical results of the samples collected during the OEPA assessment indicated characteristically hazardous wastes and hazardous substances are present at the Site and have been or are in danger of being released to the environment.
The Process Building currently contains liquids characteristically hazardous for benzene. Additionally, previous sampling indicated the presence of elevated concentrations of trichloroethylene, chlorofonn and methyl ethyl ketone in liquids in the Rinser Unit, waste pit and trench drains. Due to structural issues, rain water has been entering the building and has flooded the waste pit and trench drains twice. Additionally, there is evidence that the Rinser Unit has leaked and mixed with rainwater and wastes from the waste pit and trench drains. If persistent rainfall occurs, the floor of the Process Building will become engulfed with mixed waste from the trench, pit, and contents from the Inside Rinser Unit (D022 and D040) will flow into surface soils and drains outside the Process Building.
Drums labeled caustic soda are present along the southeastern fence line as well as numerous other drums with unknown contents. Stained soils and ash have been identified in the southeastern portion of the Site, around the Receiving Building and around the Incinerator Unit. Sampling by OEPA identified concentrations of lead, trichloroethylene and 1,2,4-trimethylbenzene in surface soils around the Receiving Building and the Incinerator Unit.
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Despite repeated efforts to secure the Site, there have been at least seven instances of break-ins/trespassing into the Site and into the Process Building between March 31, 2017, and May 8, 2017. There is also evidence that someone has been living within the Process Building. Recent break-ins have compromised the wiring in the building increasing the potential for a fire to occur.
The presence of confirmed hazardous material, the evidence of frequent trespassing, break-ins and scrapping and the fact that heavy rains have the potential to flood the Process Building at the Site pose a threat to current and nearby residents and to trespassers through direct exposure. Human contact with these materials can result in exposure numerous hazardous substances.
According to the ATSDR ToxFAQ, exposure to moderate amounts of trichloroethylene may cause headaches, dizziness and sleepiness; exposure to large amounts may cause coma or even death. Eating or breathing high levels of trichloroethylene may damage some of the nerves in the face. Exposure to high levels can also result in changes in the rhythm of the heartbeat, liver damage, and evidence of kidney damage. Skin contact with concentrated solutions of trichloroethylene can cause skin rashes. There is strong evidence that trichloroethylene can cause kidney cancer, liver cancer and malignant lymphoma (AR 2).
According to the ATSDR ToxFAQ, breathing very high levels of benzene can result in death, while high levels can cause drowsiness, dizziness, rapid heart rate, headaches, tremors, confusion, and unconsciousness. Eating or drinking foods containing high levels of benzene can cause vomiting, irritation of the stomach, dizziness, sleepiness, convulsions, rapid heart rate, and death. Long-term exposure to high levels of benzene in the air can cause leukemia (AR 4).
According to the ATSDR ToxFAQ, lead exposure also causes small increases in blood pressure, particularly in middle-aged and older people and can cause anemia. Exposure to high lead levels can severely damage the brain and kidneys in adults or children and ultimately cause death. In pregnant women, high-levels of exposure to lead may cause miscarriage. High-level exposure in men can damage the organs responsible for sperm production (AR 3).
According to the ATSDR ToxFAQ, the known health effects to people from exposure to methyl ethyl ketone (2-butanone) are irritation of the nose, throat, skin, and eyes. No one has died from breathing 2-butanone alone. If 2-butanone is breathed along with other chemicals that damage health, it can increase the amount of damage that occurs (AR 1).
According to the ATSDR ToxFAQ, breathing about 900 parts of chloroform per million parts air (900 ppm) for a short time can cause dizziness, fatigue, and headache. Breathing air, eating food, or drinking water containing high levels of chloroform for long periods of time may damage your liver and kidneys. Large amounts of chloroform can cause sores when chloroform touches your skin. Additionally, the breakdown products of chloroform in air include phosgene and hydrogen chloride, which are both toxic. The Department of Health and Human Services (DHHS) has determined that chloroform may reasonably be anticipated to be a carcinogen (AR 5).
• Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other
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bulk storage containers that may pose a threat of release;
During the site assessment, EPA and OEPA observed numerous compromised and open tanks, totes, drums, small containers, open pits, and floor trenches in the Process Building. Two totes have been identified as characteristically hazardous for benzene. The Rinser Unit was previously identified as containing liquids characteristically hazardous for chloroform and trichloroethylene. There is evidence that this tank has already leaked releasing some of its contents onto the floor and into the trench drains. There are numerous other vessels with unknown contents throughout the Site. Several of the on-site containers showed signs of deterioration and corrosion. Additionally, evidence of former releases (staining and puddles) were observed throughout the building.
EPA identified numerous small containers, stained soil, and ash outside the Process Building. In addition, EPA noted one potential UST and approximately seven (7) 55-gallon drums labeled as Caustic Soda.
• Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released;
Existing weather conditions coupled with building's lack of protection from exposure to precipitation at the Site may cause the hazardous substances described above to migrate or be released. Heavy rains have resulted in flooding of the Process Building. If left unabated, the Process Building would eventually flood and discharge to the surrounding soils and sewers. The water entering from the north door coupled with weather conditions could enable further ponding causing hazardous substances to be released at the Site.
The flooded floor trenches and waste pit are already known to contain chlorofoiinand trichloroethylene due to the leak of the Rinser Unit. In addition, the large 5,000-gallon tank, totes, and drums could become corroded and contribute to the ponding inside the building. Additionally, numerous small containers, stained soil, ash located outside the Process Building could migrate off-site during large rain events.
• Threat of fire or explosion (40 C.F.R. § 300.415(b)(2)(yi));
Analytical results from previous samples of similar waste at this facility have indicated flashpoints <140 degrees Fahrenheit thus classifying the waste as an ignitable hazardous waste. Elevated PID and FID readings were present inside the Process Building and a Paint Room within the Process Building, indicating the presence of volatile organic compounds which are suspected to be flammable.
There is a potential threat of fire or explosion due to the suspected ignitable (D001) hazardous waste present at the Site. The evidence of continued trespassing and scrapping that has compromised the wiring in the Process Building compounds the threat of fire. Any fire at the Site has the potential to release hazardous material to the atmosphere and expose nearby residents to the toxic fumes related to the fire.
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• The [lack of] unavailability of other appropriate federal or state response mechanisms to respond to the release.
OEPA has requested EPA assistance with this Site. There is no other mechanism to remove the waste from the property. If left, conditions will continue to deteriorate.
IV. ENDANGERMENT DETERMINATION
Given the Site conditions and the nature of the contaminants on-Site, as described in Sections II and III above, actual or threatened releases of hazardous substances from this Site present an imminent and substantial endangerment to public health, welfare, or the environment.
V. PROPOSED ACTIONS AND ESTIMATED COSTS
A. Proposed Actions
I. Proposed Action Description:
The response actions described in this memorandum directly address actual or potential releases of hazardous substances on Site, which may pose an imminent and substantial endangerment to public health, or welfare, or the environment. Removal activities will include:
1. Develop and implement a site-specific Health and Safety Plan, including an Air Monitoring Plan, and a Site Emergency Contingency Plan;
2. Develop and implement a Site Work Plan and Site Security Plan;
3. Inventory and perform hazard characterization, in compliance with a Site-specific QA/QC Plan, on all substances contained in containers, drums, tanks and spilled material on the floor, in pits, and soil;
4. Consolidate and package all hazardous substances, pollutants and contaminants for transportation and off-site disposal;
5. Transport and dispose of all characterized or identified hazardous substances, pollutants, wastes, or contaminants that pose a substantial threat of release at a RCRA/CERCLA-approved disposal facility in accordance with EPA's Off-Site Rule (40 C.F.R. § 300.440).
6. Take any other response actions to address any release or threatened release of a hazardous substance, pollutant or contaminant that the EPA OSC determines may pose an imminent and substantial endangerment to the public health or the environment.
The removal action will be conducted in a manner not inconsistent with the NCP. The OSC has initiated planning for provision of post-removal Site control consistent with the provisions of Section 300.415(1) of the NCP.
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All hazardous substances, pollutants, or contaminants removed off-site pursuant to this removal action for treatment, storage, and disposal shall be treated, stored, or disposed of at a facility in compliance, as determined by EPA, with the EPA Off-Site Rule, 40 C.F.R. § 300.440.
2. Contribution to Remedial Performance:
The proposed action will not impede future actions based on available information.
3. Engineering Evaluation/Cost Analysis (EE/CA):
Not Applicable.
4. Applicable or Relevant and Appropriate Requirements (ARARs):
All applicable or relevant and appropriate requirements (ARARs) will be complied with to the extent practicable. On March 22, 2017, EPA sent a letter to Frank Zingales of OEPA asking for any State of Ohio ARARs which may apply to or be relevant and appropriate at the Site (AR 8). The identified ARARs were received on April 10, 2017 (AR 9).
5. Project Schedule:
The response action described in this Action Memo will require an estimated 30 working days to complete.
B. Estimated Costs
REMOVAL ACTION PROJECT CEILING ESTIMATE Extramural Costs: Regional Removal Allowance Costs:
Total Cleanup Contractor Costs $335,281 (This cost category includes estimates for ERRS, subcontractors, Notices to Proceed, and Interagency Agreements with Other Federal Agencies. Includes a 15% contingency)
Other Extramural Costs Not Funded from the Regional Allowance: Total START, including multiplier costs Total Decontamination, Analytical & Tech. Services (DATS) $ 42,450 Total CLP Subtotal
Subtotal Extramural Costs $377,731
Extramural Costs Contingency (15% of Subtotal, Extramural Costs rounded to nearest thousand) $ 56,660
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TOTAL REMOVAL ACTION PROJECT CEILING $434,391
VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN
Given the Site conditions, the nature of the hazardous substances and pollutants or contaminants documented on Site, and the potential exposure pathways to nearby populations described in Sections II, III and IV above, the actual or threatened release of hazardous substances and pollutants or contaminants from the Site presents an imminent and substantial endangeiment to public health, welfare or the environment if this action is not taken. A delay in responding will increase the potential that hazardous substances will be released, thereby threatening the adjacent population and the environment. Delayed or non-action may result in increased likelihood of external exposure, inhalation, ingestion or direct contact to human populations trespassing at or near the Site.
VII. OUTSTANDING POLICY ISSUES
Not applicable.
VIII. ENFORCEMENT
For administrative purposes, information concerning confidential enforcement strategy for this Site is contained in the Confidential Enforcement Addendum.
Direct Costs + Indirect Costs = Estimated EPA Costs for ($434,391 + $46,000) + (61.96%) x ($480,391) a Removal Action (778,041) 1
The total EPA costs for this removal action based on full-cost accounting practices that will be eligible for cost recovery are estimated to be $778,041.
IX. RECOMMENDATION
This decision document represents the selected removal action for the Gray Container Site, developed in accordance with CERCLA as amended, and is not inconsistent with the NCP. This decision is based on the Administrative Record for the Site (Attachment 5). Conditions at the Site meet the NCP Section 300.415(b)(2) criteria for a removal and I recommend your approval of the removal action proposed in this Action Memorandum.
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 total costs from this estimate will affect the United States' right to cost recovery.
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DATE: rg t Guerriero, Acting Director
Superfund Division
APPROVE
The total project ceiling if approved will be $434,391, of which an estimated $391,941 may be used for cleanup contractor costs. You may indicate your approval by signing below.
DISAPPROVE DATE: Margaret M. Guerriero, Acting Director Superfund Division
Enforcement Addendum Attachments
I. Site Location Map 2. Photo Log 3. Site Layout Map 4. Environmental Justice Analysis 5. Administrative Record Index 6. Detailed Cleanup Contractor Cost Estimate 7. Independent Government Cost Estimate
cc: B. Schleiger, U.S. EPA, 5104A, (email. Brian Schleiger/DC/USEPA/US) Craig Butler, Director, Ohio EPA w/o Enf. Addendum (Email: [email protected]) Mike DeWine, Ohio Attorney General w/o Enf. Addendum (Email: [email protected]) L. Nelson, U.S. DOT, w/o Enf. Addendum (email: [email protected])
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BCC PAGE HAS BEEN REDACTED
NOT RELEVANT TO SELECTION
OF REMOVAL ACTION
ENFORCEMENT ADDENDUM
HAS BEEN REDACTED – FOUR PAGES
ENFORCEMENT CONFIDENTIAL
NOT SUBJECT TO DISCOVERY
FOIA EXEMPT
NOT RELEVANT TO SELECTION
OF REMOVAL ACTION
ATTACHMENT 1
SITE LOCATION MAP GRAY CONTAINER SITE
CLEVELAND, CUYAHOGA COUNTY, OHIO MAY 2017
Cuyanoaa.County loc:atIO.4n Ohio
LEGEND
GRAY CONTAINER SITE CLEVELAND, CUYAHOGA COUNTY, OH
0 Site Location
* Not To Scale
Figure 1 Site Location Map
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ATTACHMENT 2
PHOTO LOG GRAY CONTAINER SITE
CLEVELAND, CUYAHOGA COUNTY, OHIO MAY 2017
Number 2
Description
Small Containers Outside Process Bldg
Photographer Kocher Date
3/9/2017
20
Description
Photographer Date
Number Drums Labeled "Caustic Soda" Kocher
3
3/9/2017
I I
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Number 4 Description Ash and
Stained Soil Near Incinerator
Photographer Kocher Date 3/9/2017
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21
Number 5
Description Potential UST Access Pipe
Photographer Date
Kocher 3/9/2017
Number 6
Description
Photographer
Debris and Stained Soil on South Side of Property Kocher
Date 3/9/2017
22
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Number 7 Description Spilled
Waste Material Inside Processing Bldg
I Photographer Kocher 7 , Date 3/9/2017
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Number 8 Description
Photographer
Drums, Large Tank, Flooded Floor Kocher
Date 3/9/2017
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23
3/9/2017
Description
Photographer
Number
Date
Waste Pit Flooded
9
Kocher
10 Inside Rinser Unit Pump Failure Kocher 3/9/2017
Number Description
24
Photographer Date
Number 11 bOX '''F 53.7 Description IR image
of "empty" drums with indications of wastes in the bottom. Presence of unknown wastes were verified by opening.
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spot 5I"D , .
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Photograph er
Justice
Date 3/29/2017
Number 12
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Description IR image of liquid level inside AST in process building
Photograph er
Justice
Date 3/29/2017
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ATTACHMENT 3
SITE LAYOUT MAP GRAY CONTAINER SITE
CLEVELAND, CUYAHOGA COUNTY, OHIO MAY 2017
Facility Map
Gray Container LLC, L. Gray Barrel & Drum Co., Lomack Drum Co., et al. Locations identified in Red.
Aerial Source/Date — Cuyahoga County Geographical Information Systems/2013.
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ATTACHMENT 4
ENVIRONMENTAL JUSTICE SCREEN GRAY CONTAINER SITE
CLEVELAND, CUYAHOGA COUNTY, OHIO MAY 2017
27
ors. EpAU1lrl tee
Aprcy EJSCREEN Report (Version 2016)
1 mile Ring Centered at 41.483420.-81.62597O, OHIO, EPA Region 5
Approximate Population: I317&
Input Area (sq. miles): 3.14
Gray Container
Selected Variables State
Percentile I EPA Region
Percentile USA
Percentile El Indexes
El Index for PM2.5 07 05 01 El Index for Ozone 07 05 8g El Index for NATA. Diesel PM 95 03 87 El Index for NATA. Air Toxics Cancer Risk 95 95 aa U Index for NATA Respiratory Hazard Index 98 go 80 El Index for Traffic Proximity and Volume 02 88 79 El index for Lead Paint Indicator 08 95 05 El Index for Superfund Proximity 90 84 75 El Index for Ftiv1P Proximity 0-3 91 87 El Index for Hazardous Waste Proximity* se 95 91 El Index for Water Discharger Proximity sa 93 87
El index for the Selected Area Compared to All People's Blockgroups in the StateiRegiorv'US
El Ir
State Percentile 4 Regional Percentile aUSA Percentile
This report shows the values for envinan rrierrta and demographic indicators anti. EISCREEN incien=. It shows environmental and demographic raw data the
estimated conceniration of ozone in the abl, and also shows what percentile each raw data value repremmt. These percerMles provide perspedive on how the
selected block gaup or buffer area compares to the entire state EPA region. or nation. forewarn*, if a given location is at the 95th percentile nationwide, th°
means that only 5 percent of the US population has a higher block group value than the 240w•age person in the location being analyze°. The year: for which the
da are available, and the methods used, vary 247,1335 the:Pe indicator° Important caveat and uricerUinties apply to dlis screening-level information, so it is essential to understand the lirriViliOnl on appropriate interpretations and applications of these indicators. Please see EJSCREEN documentation for discs/mien
these isum before using reports.
March 22.2017 113
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161640 fin.irae1arriaf1:-411a,", EJSCREEN Report (Version 2016)
1 mire Ring Centered at 41.483420,41.625970, OHIO, EPA Region 5
Approximate Population: 13,175
Input Area (sq. miles): 3,14
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Sites reporting to EPA Superfund NFL 0
Hazardous Waste Treatment, Storage, and Disposal Facilities (TSDF) C . National Pollutant Discharge Elimination System (NPDES) 0
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29
EPA 1.1.2tat Elmo EnuiroireismaiSrettetion Pi4.veji EJSCREEN Report (Version 2016)
1 mile Ring Centered at 41A83420,-81.825970, OHIO, EPA Region 5
Approximate Population: 13,176 Input Area (sq. miles): 3.14
Gray Container
Selected Variables Value State
Avg.
%He in
State
EPA Region
Ave.
%de in EPA
Region
USA
Avg.
%He in USA
Environmental Indicators Particu'Atte Matter (PM23 in peiril) 11.7 11.3 85 10.6 88 0.32 04
Ozone (pp b) 50 52.8 11 50.3 40 47.4 81
NATA* Diesel PM (11,FIn/1 1:12 0.805 83 0.931 00-70th 0.037 70-801h
NATA* Cancer Risk (iiktimo ri:k per trillion) 41 37 71 34 80-00th 40 50-130th ,
NATA* Respiratory Hazard Index 2.3 1.8 78 1.7 80-00th 1.8 70-801h
Traffic Proximity and Volume {dolly traffic mon/dinar= to road} 110 170 00 370 57 500 53
Lead Paint Indicator N Pre-1960 tlousire 015 0_42 82 0.39 83 0.3 80 Superfund Proxy (site count/km distance) 0.024 0.001 22 0.12 14 0.13 21
RMP Proximity ifacility count/km distance) 0.36 0A4 07 0.51 82 0.43 60
Hazardous Waste Proximity (facility count/kill distance) 0_10 0.1 84 0.11 83 0.11 ea Water Discharger Proximity (4acility courrtArn distancel 0.19 0.33 52 0.31 _ 58 0.31 61
Demographic Indicators Demographic Index 83% 27% 00 20% 08 30% 08
Minority Population WI% 10% 08 24% 07 37% 08
LOW Income Population 77% 34% 05 33% 98 35% 06
Linguistically Isolated Population D% 1% 68 2% 58 5% 44
Population With Less Than High School Education 20% 11% 04 11% 93 14% 87
Population Under 5 years of age 13% 8% 83 0% 94 , 8% 03
Population over 64 years of age II .11
12% 15% 37 14% 42 14% 47
The National-Sczie irTotic A.ssnzsrrent INATA1 is EPA's ongoing comprehensive es.a.labor. of air toxic in the United States. EPili evve loped the NATA
prioritize air toxic, erniZiChl SOLITCeS, 2rei lor_ztiortz of interest for further study. It is important to remember that HATA prowides broad estimates of health risk:
trier geographic areas of the country. not def nitive risks to speek individuals or locations. More informadon on the NATA analysis can be foixte
https:eiwww.epa_gthinational-aintthics-assecrnent.
- The hazardous waste env..ironmetrui inakator and the corresponding El index will appear a: WA if there are no hazardous waste facilities withlr. 50 krn
of a ...elected location.
For additional information, see: www.epa.goviertvironmentaliustice
ESSORIEDI is a sb-eening tout for pre-riecisional LZe only. It can help identify area: that may wamitt addibonal condderation, anaiysls. or outreach. It dues not
provide a baed for dedsion-rnaliing„ but it may help identify potential areas of El concern. Users should keep in mind that screening tools are subject to substantial
uncertainty in their demographic are environrreria: data, particularly when lookin4 at small gecsraphic areas. Imporant caveats and unoertairrties apply to this
screening-ievel information, to it is ethuential to understand the linnita.Poru or appropriate interpretations and spiiaitions of these indicators. Please see
EISCIlitt-N documentation for diso.szion of these issues before u-sMs reports This xreening tool does not prtnde data on every envirortmen=i2 impact and
dernoraphic that may be relevant to a particular location. EISCREEN outputs should be supplemented with additional inforrn abort and local knowledge
before taldng any =ion to address potent al El concerns
Mmoli 22. 2017 3/3
30
3 918770
4 921837
5 933904
6 933906
7 933909
10/12/16 Butler, C., OEPA
3/1/17 Cuyahoga Court of the Common Pleas
Augustyn, J., U.S. EPA
Gray Container
8/1/07 ATSDR Public
8/1/07 ATSDR Public
7/1/14 ATSDR Public
ATTACHMENT 5
ADMINISTRATIVE RECORD FOR THE
GRAY CONTAINER SITE
CLEVELAND, CUYAHOGA COUNTY, OHIO
ORIGINAL
MAY, 2017
Na SEMS ID DATE AUTHOR RECIPIENT
1 921839 9/1/95 ATSDR Public
2 933896 7/1/03 ATSDR Public
TITLE/DESCRIPTION PAGES
ToxFAQs Fact Sheet - 2- 2 Butanone - CAS # 78-93-3
ToxFAQs Fact Sheet - 2 Trichloroethylene - CAS #79-01-6
ToxFAQs Fact Sheet - Lead - CAS #7439-92-1
ToxFAQs Fact Sheet - Benzene - CAS # 71-43-2
ToxFAQs Fact Sheet - Chloroform - CAS #67-66-3
Time Critical Removal Request Package
Order Finding the Defendants in Contempt and Granting Ohio EPA and U.S. EPA Access to Enter the Property
2
2
2
91
1
2 8 933905
9 933907
3/22/17 Kocher, A., U.S. EPA
4/10/17 Zingales, F., OEPA
Zingales, F., OEPA
Kocher, A., U.S. EPA
Letter re: Request for State Applicable and Relevant and Appropriate Requirements for the Gray Container Site
Email re: Response to ARAR 2 Request for Gray Container
31
10 933908 5/2/17 Zingales, F., Justice, J., U.S. Email re: Gray Container 2 OEPA EPA Results Summary
(w/Attached Spreadsheet)
11 Justice, J. and Guerriero, M., Action Memorandum re: Kocher, A., U.S. EPA Request for Approval and U.S. EPA Funding for a Time-Critical
Removal Action at the Gray Container Site (PENDING)
32
ATTACHMENT 6
DETAILED CLEANUP CONTRACTOR ESTIMATE
HAS BEEN REDACTED – ONE PAGE
NOT RELEVANT TO SELECTION
OF REMOVAL ACTION
ATTACHMENT 7
INDEPENDENT GOVERNMENT COST ESTIMATE HAS
BEEN REDACTED – THREE PAGES
NOT RELEVANT TO SELECTION
OF REMOVAL ACTION