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HomeMy WebLinkAbout9218 ALD008188708 129 09-09-2021 CORR BPK EPA Response to OU2 Field Work Notification ,�vnsq m Q o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 oz SAM NUNN ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 September 9,2021 Mr. Donald J. Miller Project Coordinator Golder Associates, Inc. 9428 Baymeadows Road, Suite 400 Jacksonville, Florida 32256 Re: August 23, 2021 Notice of Initiation of Field Activities for the Pre-Design Investigation and Treatability Study; September 3, 2021 Updated Field and Deliverable Schedules; September 3, 2021 Revised Health and Safety Plan(HASP), Olin Corporation McIntosh Plant Superfund Site Operable Unit 2, EPA ID ALD008188708 Dear Mr. Miller: This letter is in response to your email transmittals of August 23, 2021 Notice of Initiation of Field Activities for the Pre-Design Investigation and Treatability Study and the September 3, 2021 Updated Field and Deliverable Schedules and regards the deadline set by the August 4, 2021 letter from the U.S. Environmental Protection Agency(EPA)to you for resubmittal of the Olin Operable Unit 2(OU2)Remedial Design(RD)Work Plan,Predesign Investigation(PDI) Work Plan,and Treatability Study Work Plan. We are aware,as you stated,that Olin,BASF, EPA, and its consultants/contractors (and other interested parties)have been engaged in meetings to resolve the issues brought up by EPA in its August 4, 2021, letter; however, EPA does not agree that September 3,2021 is no longer the due date for the response to comments sent to you on August 4, 2021 and does not accept the PRPs' suggestion that, "the documents will be delivered to EPA as the issues are resolved in the meetings along the schedule submitted to EPA on August 31,2021." The timing of these discussions, proximate or not to the September 3, 2021 deadline,has been entirely up to you and is not a valid excuse for missing the September 3 deadline or for assuming an extension would work for everyone, especially when requested on the same day. Delays in cleaning up the Olin OU2 Site are causing an even greater increase in risk to human health and the environment. Contaminants at the Site posing unacceptable risks include: Mercury,Methylmercury,HCB, and DDTR in sediment. In surface water, Mercury, Methylmercury, HCB, DDTR pose unacceptable risk. In surface soil,Mercury, HCB, and DDTR pose unacceptable risk. Unacceptable risks posed by the Site overall from listed COCs include fish consumption risk from mercury, lack of attainment of designated use classification of the water body, and ecological risk. EPA guidance encourages early risk reduction at sites wherever possible (Superfand Task Force Recommendations, EPA,2017). In addition to reduction of risks at the Site itself, moving the Site forward expeditiously for design will benefit the overall Tombigbee River basin which is CWA 303(d)listed for Mercury for which the Site is an ongoing and significant source. Getting design level data consistent with future site uses is critical to moving forward to design. The threats of mercury to fish,wildlife, and ecosystem integrity are well established(Zillioux et al. 1993; Scheuhammer et al. 2007).t Mercury is highly toxic to aquatic invertebrates, fish, and water-dependent wildlife. Effects may include behavioral modification, growth inhibition, reproductive impairment, decreased embryo/larval survival, and a variety of neurological and enzymatic dysfunctions(Eisler 1987,Zillioux et al. 1993,Wolfe et al. 1998).2 Since 1991, mercury has been detected in 537 of 553 (97%) animal samples collected in Olin OU2. These samples encompass a range of fish, invertebrate,mammals, and birds. With the exception of the four bluegill samples collected in 2017, mean mercury concentrations in fish species have been above cleanup levels in every year that fish have been collected. In addition, mercury concentrations in largemouth bass fillets exceed human health fish consumption advisory standards in both Olin Basin and the Tombigbee River as measured by ADEM at the TOM2 river sampling location near the Olin dock. As a reminder,per Paragraphs 52 and 56 of the Olin OU2 Remedial Design/Remedial Action Consent Decree, stipulated penalties begin to accrue on the date a submittal is disapproved by EPA.' The longer the PRPs put off the resubmission of a deliverable EPA has disapproved, the more stipulated penalties accrue." EPA spent significant time and resources to create the in- 'Zillioux,E.J.,Porcella,D.B,&Benoit,J.M.(1993).Mercury cycling and effects in freshwater wetland ecosystems.Environmental Toxicology and Chemistry, 12(12),2245-2264.Retrieved from https://www.Proquest.COM/Scholarly-ournals/mercury-acli na-effects-freshwater- wetland/do"lew/16835083/se-2?accountid=171501. Sche diammer,A.M.,Meyer,M.W.,Sandheinrich,and M.W.Murray.2007.Effects of environmental methylmercury on the health of wild birds,mammals,and fish. Arabic 36(1): 12-18. x Eisler,R., 1987.Mercury hazards to fish,wildlife,and invertebrates:a synoptic review.Contaminant Hazard Reviews Report 10;Biological Report,p.85, 1.10. Wolfe,M.F,Schwarzbach,S,&Sulaiman,R.A.(1998). Effects of mercury on wildlife:A comprehensive review.Environmental Toxicology and Chemistry, 17(2), 146-160. Retrieved from https://www.proquest.com/scholuly-ioumals/effects-mercury-on-wildlife-comprehensive- review/docview/16464441/se-2?accountid=171501 3 SDs shall be liable to the United States for stipulated penalties in the amounts set forth in¶¶53.a and 54 for failure to comply with the obligations specified in¶¶53.b and 54,unless excused under Section XII(Force Majeurc). "Comply"as used in the previous sentence includes compliance by SDs with all applicable requirements of this CD, within the deadlines established under this CD and/or the SOW.If an initially submitted or resubmitted deliverable contains a material defect,and the deliverable is disapproved or modified by EPA under 16.6(a)(Initial Submissions)or 6.6(b)(Resubmission)of the SOW due to such material defect,then the material defect shall contimte a lack of compliance for purposes ofthis Paragraph.Olin OU2 Remedial Design/Remedial Action Consent Decree¶52. 4 All penalties shall begin to accrue on the day after the complete performance is due or the day a violation occurs and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity.Olin OU2 Remedial Design/Remedial Action Consent Decree¶56. 2 depth comments on the Olin OU2 RD Work Plan,PDI Work Plan, and Treatability Study Work Plan you submitted. EPA has yet to receive the full response to those comments with a red line version reflecting all the changes made. In the interest of working together, EPA requests that Golder provide its response to EPA's August 4, 2021 Letter and as discussed in subsequent EPA/Olin/Golder meetings held on August 12,August 26,August 31, September 1, September 3, and September 7,2021 and relayed in weekly status emails. The response to each comment should include whether there is agreement/disagreement/clarification and reference document name, section,page number paragraph where text has been revised. Response to Comments (RTCs) for the Revised Health and Safety Plan(HASP)submitted to EPA on September 3, 2021 as well as a Red Line/Strike Out(ALSO)version of the revised HASP should be provided to EPA by September 14, 2021. RTCs for the remaining deliverables (RD Work Plan, Treatability Study Work Plan,PDI Work Plan,PDI Field Sampling Plan and PDI Quality Assurance Project Plan (QAPP)) should be provided to EPA by September 14, 2021. Revised versions of the remaining deliverables (including RLSO)must be received by EPA no later than September 24, 2021. To ensure that sufficient information and direction are available to guide data and sample collection activities as currently scheduled, at a minimum, the revised QAPP submittal for September 24, 2021 should include the following worksheets: QAPP Worksheet#11: Project/Data Quality Objectives QAPP Worksheet 412: Measurement Performance Criteria QAPP Worksheet#15: Project Action Limits and Laboratory-Specific Detection/Quantitation Limits QAPP Worksheet#17: Sampling Design and Rationale QAPP Worksheet#18: Sample Locations QAPP Worksheet#19 &30: Sample Containers,Preservation, and Hold Times QAPP Worksheet#20: Field QC Summary QAPP Worksheet#21: Field SOPS QAPP Worksheet#22: Field Equipment Calibration, Maintenance, Testing, and Inspection The full version of the revised QAPP should be provided to EPA no later than October 8,2021. In addition, as previously relayed,Worksheet 29, as well as other worksheets and planning documents where Electronic Data Deliverable(EDD) submittal is discussed, should be revised as needed to reflect that EPA expects that all data(sampling, monitoring and environmental data)will be uploaded to EQuIS not later than 60 days following the collection of the last sample for any field mobilization. EPA also expects that geospatial EDDs will be submitted with draft and final reports. Regarding data transmittal,EPA also requests that Worksheet 29 and other relevant worksheets include a discussion of transmittal of unvalidated(raw) data to EPA should it be requested. Lastly, for the latest revision of the HASP—ERP Rev.1, on-site mobilization may start on September 20, 2021 after the following deficiencies have been corrected: 1. Revise the text to note that victims of envenomation will be monitored for signs of difficulty breathing. EMS will be activated for any serious signs of allergic reaction 3 conservatively given the distance to the hospital. Olin to verify hospitals with ICU capacity have antivenom available. 2. Revise the text to note PPE that will be maintained on site in the exclusion zone as contaminated, e.g., leather boots. 3. Revise the text to note that composite work boots are allowed. 4. Revise the text to note that air monitoring will cease after 5 days"as approved by EPA." If results indicate monitoring should continue, EPA will make this judgement after reviewing data collected. 5. Revise the text to remove"if needed"regarding ring buoys and clearly state ring buoy locations on site(e.g., one on each vessel). 6. Revise the text to indicate that there will be shaded areas available on vessel to limit heat stress. 7. Revise the text per discussions with EPA regarding COVID-19 protocols. (mask usage is required when working within 6 feet of another person for any amount of minutes per day, e.g.,on boats. It is expected this will evolve to requiring testing for unvaccinated, vaccination status). As hospital bed capacity is currently limited in the state of Alabama, revise the text to indicate that ICU bed status will be monitored to ensure that the closest hospital with available treatment capacity is known at all times. To expedite EPA review of the RTCs and revised documents,EPA requests that RTCs and revised deliverable submittals include a bookmarked, Section 508 compliant pdf and a Word or Excel version as appropriate. A copy of EPA pdf document preparation instructions is attached for your use. Please feel free to give me a call at 404-909-0835 if you have any questions. Sincerely, �a� Beth Walden Project Manager Superfund&Emergency Management Division cc: Lisa Ellis,Office of Regional Counsel, EPA Ben King,ADEM Rick Keenan,Golder Associates,Inc Stephen K.Havlik,BASF Corp. Doug Reid-Green, BASF Corp. Carrie Hunt,Olin Corp. Heidi Fogell, Olin Corp Lisa Funderburg,Olin Corp. Linda Brenneman,BASF Corp Laurel Lockett, Carlton Fields 4 Updated January 2015 How to Create a Web-Ready PDF for EPA Before posting a PDF on EPA's website,it must meet EPA's Web standards and accessibility requirements under Section 508 of the Rehabilitation Act. In order to make a good,web-ready PDF,follow these steps: 1. Make sure your original document is "clean" Keep the format as simple as you can and use styling built into the word processor.This makes it easier to tag the document for accessibility. • Avoid placing graphics,text or tables side by side. • Use standard fonts. • Use styles, like Heading 1, Heading 2,etc. • Use the function for creating bulleted and numbered lists rather than formatting list items manually. • Use tabs and columns rather than spaces and tables for laying out your text. • Add aft text to graphics. 2. Check document links • All links to websites(URLs) in your document must include http://orthey will not be converted into active links in your PDF(example: http://www.epa.gov) • Keep link text on one line. Links that wrap to a second line will not be converted into active links in your PDF. (Note: If a URL wraps to a second line and is hyperfinked in MS Office,the hyperlink will convert correctly.) 3. Add alternative text (alt-text) to images Right-click the image.Go to Format Picture.Go to Web Tab and fill in alternative text. This step is important for accessibility. 4. Convert document to PDF Start with any authoring software(Word, Excel,etc.). If you are creating the PDF from a Microsoft Office application,choose the Acrobat Tab located underneath the header(on the far right of the home tab),choose Settings and click the following boxes: Create Bookmarks,Add Links,and Enable Accessibility and Reflow with tagged Adobe PDF. If not available use:Save as> PDF(use default settings check box which include,open file after publishing and optimize for online and printing). Note:Do not use File> Print>Adobe PDF that you used in previous versions of Acrobat unless the Adobe PDF menu is unavailable in your authoring software.You will lose the document metadata and do not retain bookmarks if you use this method. Updated January 2015 5. Make large documents user-friendly Large documents pose two main kinds of problems: 1) People may not want to download a really large file.They may not have a fast Internet connection.They may not be willing to spend the time it takes to get the whole document.They may only want part of that enormous document. 2) It can be easy to get lost in a long document. For most people,flipping to the page you want is easier in a paper document than in a PDF. To make large documents more user-friendly, add bookmarks to your PDF(links to Adobe tutorial). Note:Breaking a large document into smaller parts—or"chunks"—is not recommended.Work with your local Web team if you think it may be appropriate to break a large document(>50MB)into smaller parts before posting on the Web. 6. Make PDF accessible Making PDFs accessible is part of EPA's compliance with Section 508 of the Rehabilitation Act and it is required for all PDFs posted on EPA's website. PDFs generate a picture of how a printed document looks;this makes PDF a useful format for circulating picture perfect replicas of printed documents electronically.This is extremely useful when you need to preserve the look of a document,whether because of graphics and design or because of official pagination and formatting. Unfortunately, because a PDF is a picture of a page of text rather than actual text, PDFs are not inherently accessible to visually impaired people or search engines. Adobe Acrobat Help has many resources about how to create accessible documents. Please see the help resources below in order to learn about how to make you PDF's accessible: • Adobe Acrobat PDF Accessibility Overview • Adobe Acrobat Training Resources (includes training for Acrobat 8,9,X and Xl) • Meet PDF Accessibility Standards A note about scanned documents EPA does not recommend scanning paper documents to post on the Web.You'll get better accessibility results with electronic PDF conversion (Convert to Adobe PDF or Print to Adobe PDF).Scanned documents are images instead of text,so anyone using assistive technologies will not be able to"see" the document unless you use Paper Capture in Adobe Acrobat or some other Optical Character Recognition (OCR)software. What about using a scanned image of a person's signature? We often make documents available electronically to satisfy the E-FOIA requirements.Attorneys preparing for court are frequent requesters of EPA records and may need a copy of the signature page. Keep in mind that the web version of these documents would be courtesy copies,while the original with the signature is on file. Our recommendations: Updated January 2015 • Don't scan a document to include a signature. Use/s/or"original signed by"as a way to indicate a hard copy signature is on file. Ex:/s/Charles Bert or Original signed by Charles Bert. • In cases where the record(s) has been requested 3 times or more,or when the agency anticipates the documents may be requested frequently,we should only scan the signature page. • It's especially important to add metadata to a scanned PDF, particularly if you haven't used Optical Character Recognition (OCR) on it.Since the text of scanned documents is not searchable,search engines will have to rely on the metadata you provide.Acrobat Help: PDF Properties and Metadata. 7. Reduce file size The best way to reduce the file size of a PDF document is to use the PDF Optimizer tool in Adobe Acrobat. See Adobe Acrobat Help:Optimizing PDFs for information about how to reduce the file size of your document. While that guidance is for Adobe Acrobat Pro,there is also guidance on Adobe Acrobat Help for other versions. Questions? Contact Charles Bert,Web Coordinator, EPA Region 10, bert.charles@epa.gov 360-753-8073.