Library: Memos: EPA

Action Memorandum

I. Purpose

This Action Memorandum documents and approves the response actions selected by the United States Environmental Protection Agency ("U.S. EPA") for areas of the Winston Thomas Wastewater Treatment Plant Site to abate a release, or threat of release, of hazardous substances that may pose an imminent and substantial endangerment to human health, welfare, or the environment. More specifically, this Action Memorandum documents approval of the proposed non-time critical removal activities described herein for the tertiary lagoon, abandoned lagoons, and trickling filter at the Winston Thomas Wastewater Treatment Facility (Winston Thomas), Bloomington, Indiana. The Winston Thomas site is 26 acres in size and is an inactive sewage treatment plant owned by the city of Bloomington. From approximately 1965 to 1982, the Winston Thomas facility accepted wastewater containing Polychlorinated Biphenyls ("PCB") compounds from Westinghouse, now known as CBS Corporation ("CBS"). This action is necessary to abate an imminent and substantial threat to public health and the environment posed by the presence of PCBs in the tertiary lagoon, abandoned lagoons, and trickling filter. This removal action is recommended to reduce the actual or potential exposure of nearby human populations and ecological receptors from the Winston Thomas site. The action is expected to result in removal of contaminated materials at or near the surface which present a threat to trespassers as well as a continuing source of contaminants to groundwater and surface water and ecological receptors.

This Action Memorandum also serves to document approval of changes to the response actions for the Winston Thomas Site previously selected by the U.S. EPA and as described in the Consent Decree entered in U.S. v. Westinghouse Electric Corporation, Civil Action Nos. IP 83-9-C and IP 81-448, consolidated, and entered by the U.S. District Court for the Southern District of Indiana in 1985 (the "Consent Decree"). changes to the response actions documented by this Action Memorandum are an outgrowth of, among other things, discussions among the parties to the Consent Decree conducted consistent with the February 4, 1994, Operating Principles that were agreed to among the parties. The response actions described by this Action Memorandum shall be part of the obligations required under the Consent Decree at such time as the United States District Court approves a stipulation of the parties or other documents incorporating the response action set forth by U.S. EPA in this Action Memorandum.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID # IND981200322

A. SITE DESCRIPTION

1. Removal Site Evaluation

Three time-critical removal actions funded by CBS Corporation have taken place at or near the Winston Thomas site. On August 25, 1997, a removal action began on the west side of Clear Creek, which is adjacent to the Winston Thomas site and where 8,700 tons Of PCB contaminated material was excavated and disposed of offsite in a Toxic Substance Control Act (TSCA) landfill. A second removal action also began on August 25, 1997 at the sludge digesters and drying beds at the Winston Thomas facility in which 11,100 tons of PCB contaminated material was disposed of in both a TSCA and non-TSCA landfill. A third removal action was completed on February 13, 1998 for the interim storage facility in which approximately 10,000 tons of PCB contaminated material was disposed of off-site in a TSCA landfill.

The tertiary lagoon, abandoned lagoons, and trickling filter are being addressed in this Action Memorandum through a non-time critical removal.

2. Physical Location

The Winston Thomas facility is an inactive sewage treatment plant owned by the City of Bloomington. The Winston Thomas site is located west of Old State Road 37 and north of Gordon Pike Road, Monroe County, Indiana. See Figure 1. The Winston Thomas site covers 26 acres and is adjacent to Clear Creek. The tertiary lagoon covers 17 acres of the northern portion of the Winston Thomas property. Water covering the surface of the lagoon liner varies seasonally, from 2 to 3 feet in depth. Earthen berms surround the tertiary lagoon. The abandoned lagoons encompasses several smaller (less than 1/4 acre) former lagoons regarded to a combined area of nearly one acre located immediately adjacent and southeast of the existing tertiary lagoon. The surface of the lagoons are presently well vegetated. The trickling filter is located south and west of the abandoned lagoon area. The eightfoot deep trickling filter consists of crushed limestone contained within a concrete basin. See Figure 2 for an overview of the Winston Thomas facility.

3. Site Characteristics

At various times from 1965 to 1977, CBS discharged to the Winston Thomas plant PCB containing fluids, thereby contaminating the lagoon, abandoned lagoons, and trickling filter. The Winston Thomas facility, which is owned by the City of Bloomington was shut down in 1982. On August 22, 1985, the United States Environmental Protection Agency (U.S. EPA), CBS, State of Indiana, Monroe County, and the City of Bloomington enteredd into an Consent Decree to remediate through incineration the Winston Thomas facility along with the Lemon Lane Landfill, Bennett's Dump, Neal's Dump, and Neal's Landfill. The inactive Winston Thomas facility is not on the National Priorities List. This Action Memorandum amends the original incineration remedy that was described in the 1985 Consent Decree for the Winston Thomas site.

The Winston Thomas plant is located in a municipal area and approximately 500 people live within a 1-mile radius of the site. The site is bordered on the east by municipal and county property including an Armory located on the west side of Walnut Street. East of Walnut Street is a mixture of commercial and residential property. Clear Creek is directly west of the site and beyond Clear Creek are abandoned railroad tracks which separate the site from residential property. Anticipated future land use for the Winston Thomas property is industrial and the City of Bloomington, which owns the property, envisions the property used for commercial purposes. An additional alternative according to the City of Bloomington is the use of parts of the Facility for storm water control.

In 1985, the Consent Decree was signed by Westinghouse, U.S. EPA, the City of Bloomington, Monroe County, and the Indiana State Board of Health (hereinafter collectively referred to as "the parties") for the clean-up of six area sites, including Winston Thomas. The Consent Decree called for, inter alia, the construction of a permitted, two-train, municipal solid waste fired incinerator that was to be used to destroy PCBs contaminating material excavated from the six sites. During 1987, and pursuant to interim clean-up measures required by the 1985 Consent Decree, sediments and bank material from Clear Creek (which received water discharged from the tertiary lagoon at Winston Thomas), were hydro vacuumed. The sediment and stream bank material from Clear Creek are stored in a metal building (known as the Interim Storage Facility) at Winston Thomas.

Beginning in 1991, the Indiana State Legislature passed several laws that initially delayed, and currently block, the implementation of the incineration remedy required by the 1985 Consent Decree. In 1994, the parties agreed to jointly explore, under the Operating Principles, alternatives to the incineration remedy raquired by the Consent Decree.

4. Release or Threatened Release into the Environment of Hazardous Substances or Contaminates

Past groundwater, surface water, soil boring, trickling filter stone, sludge, and sediment investigations have shown that PCBs are present at Winston Thomas. Four types of media are contaminated at the Winston Thomas: water, sludge, filter media (stone and debris), and soils. Table 1 is a summary of the sampling data at the tertiary lagoon, abandoned lagoons, and trickling filter:

The sources of the Table 1 are as follows:

• Alternative Evaluation Report for the Winston Thomas Wastewater Treatment Facility. Prepared by Blasland, Bouck & Lee, Inc. September 1996.
• A Summary Report of Conditions at the Winston Thomas Wastewater Treatment Facility. Prepared by Earth Tech January 1996.

5. NPL Status

The August 22, 1985, Consent Decree addresses six sites including the Winston Thomas facility. The Winston Thomas site is not on the National Priorities List but four of the six sites that are being remediated under the 1985 Consent Decree are on the National Priorities List.

B. Other Actions to Date

1. Previous Actions

In 1987, CBS, as part of the interim measures associated with the Consent Decree, removed 477 tons of sediments from Clear Creek near the Winston Thomas facility. In addition, as discussed in section A 1, above, three time-critical removal actions have been

completed by CBS, with U.S. EPA oversight. The removal action on west side of Clear Creek was completed on November 19, 1997, and 8,700 tons PCBs were removed. Another time-critical removal action for the drying beds and sludge digesters is essentially complete with a limited excavation along with verification sampling remaining. This second removal action should be completed by July 1998. A third time-critical removal action for the interim storage facility was completed on February 13, 1998.

During November 1997 through January 1998, U.S. EPA's contractor Earth Tech completed an Engineering Evaluation/Cost Analysis (EE/CA) for the tertiary lagoon, abandoned lagoons, and trickling filter.

2. Current Actions

The EE/CA was released for public comment on February 26, 1998, and a 30-day public comment period was held until March 27, 1998. A public meeting was held on Tuesday, March 10, 1998, in Bloomington, Indiana. A summary of the comments and U.S. EPA's responses are attached hereto, and are part of the administrative record supporting the selected response action.

C. State and Local Authorities Role

1. State and Local Action to Date

In August 1985, the U.S. EPA, State of Indiana, Monroe County, the City of Bloomington and CBS signed a Consent Decree to remediate six sites in the Bloomington area, which included Winston Thomas. CBS and the City of Bloomington as owner, operator of Winston Thomas are responsible parties but a majority of the cleanup is being financed by CBS. As parties to the Consent Decree, the City of Bloomington, Monroe County, and the State of Indiana have provided both technical and legal comments on documents. In addition, representatives from the governmental parties have provided periodic oversight for the removal activities at the Winston Thomas site.

2. Potential for continued State/Local Response

The City of Bloomington, Monroe County, and State of Indiana are expected to continue to assist U.S. EPA in the pursuit of the response actions proposed herein as well as any further action that may be deemed necessary at the Site. Involvement by the governmental parties will continue until site completion.

III. THREAT TO PUBLIC HEALTH OR THE ENVIRONMENT, AND STATUTORY

AND REGULATORY AUTHORITIES

The U.S. EPA completed a determination of cleanup criteria for the Winston Thomas site and this information is contained in the EE/CA. In calculating cleanup levels which are protective of public health and the environment, the U.S. EPA used PCBs as the chemical of concern and evaluated two types of commercial/industrial future use exposure scenarios. These scenarios address dermal absorption and ingestion of soils contaminated with PCBs for on-site construction/utility workers and on-site industrial maintenance workers.

The risk evaluation determined that the risk to construction/utility workers and on-site industrial maintenance workers exceeded U.S. EPA's acceptable risk range for both carcinogenic and noncarcinogenic risks. The U.S. EPA did not complete an ecological risk assessment, but did consult with U.S. Fish and Wildlife and U.S. EPA ecological experts and determined that PCB concentrations at the tertiary lagoon, abandoned lagoons, and trickling filter were unacceptable.

A. Threats to Public Health or Welfare

The U.S. EPA determined that the PCB contamination within the tertiary lagoon, abandoned lagoons, and trickling filter was outside the acceptable carcinogenic risk range of 10-4 to 10-6 excess cancer risk and noncarcinogenic Hazard Index greater than 1. Using the U.S. EPA's point of departure of 10-5 excess cancer risk, the Agency has determined that the cleanup level of 15 parts per million of total PCBs on average, with a not to exceed value of 25 ppm for total PCBs would be protective of human health. The stone within the trickling filter and the walls of the trickling filter will be remediated to a 10 ug/100 cm2 standard.

B. Threats to the Environment

A formal ecological risk assessment was not completed, but based upon sites with similar habitats, a cleanup criteria of 15 ppm, not to exceed 25 ppm would be acceptable if one foot of clean fill would be placed over the excavated areas in the tertiary lagoon and abandoned lagoons.

Conditions at the Winston Thomas site present an imminent and substantial endangerment to public health, welfare and the environment based upon factors set forth in the National Contingency Plan (NCP), 40 CFR 300.415(b)(2). These factors include:

(i) Actual or potential exposure to nearby human populations, animals or the food chain from hazardous substances or pollutants or contaminants;

This factor is present at the Winston Thomas site due to the existence of high levels of PCBs in surface and near surface sludge and soils. In addition, standing water within the tertiary lagoon contains PCBs at unacceptable levels. PCBs are defined as hazardous substances in 40 CFR Part 302.4. As described in Table 1, PCBs were discovered in sludge as high as 5,700 ppm within the tertiary lagoon. Soils under the sludge in the tertiary lagoon were as high as 860 ppm. The abandoned lagoons has sludge/soil as high as 700 ppm for PCB. These values are greater than the 15 ppm on average, not to exceed 25 ppm cleanup level calculated in the risk assessment. In addition, since water contaminated with PCBs are present in the tertiary lagoon, there is an exposure to wildlife either within the tertiary lagoon or if releases occur into Clear Creek from the tertiary lagoon.

(ii) Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers that may pose a threat of release;

This factor is present at the Winston Thomas site due to the presence of the trickling filter which is a concrete basin containing stone and fine particles/debris containing PCBs. PCBS have been discovered in the fine material present between the stone as high as 146 ppm. Based upon some catastrophic event, release of PCBs could occur from the trickling filter.

(iii) high levels of hazardous substances or pollutants or contaminants in water, sludge, and soils largely at the surface that may migrate;

This factor is present at the Winston Thomas site due to the existence of PCBs in the sludge and soils near the surface at the tertiary lagoon and abandoned lagoons. Water in the 17-acre tertiary lagoon is also contaminated with PCBs that could migrate to Clear Creek.

IV. ENDANGERMENT DETERMINATION

Given the site conditions, the nature of the hazardous substances on-site, and the potential exposure pathways to nearby populations and ecological receptors as described in Sections II and III above, actual or threatened releases of hazardous substances from the site, if not addressed by implementing the response actions selected in this Action Memorandum, may present an imminent and substantial endangerment to public health, welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

In the EE/CA, an analysis of six alternative response actions were initially reviewed with two alternatives (vault containment with TSCA landfill disposal and primary thermal treatment) being screened out due to excessive cost without a significant benefit in risk reduction. A detailed analysis of the four remaining alternatives was performed in the EE/CA for cleanup of the tertiary lagoon, abandoned lagoons, and trickling filter. The four removal alternatives are as follows:

• Alternative I - Segregated Waste/TSCA Landfill Disposal
• Alternative 2 - Total TSCA Landfill Disposal
• Alternative 3 -Thermal Treatment Technologies (with some off-site disposal)
• Alternative 4 - Segregation/Off-site Landfill Disposal/on-site Stone Cleaning with Reuse

Alternative 1 consists of excavating material greater than an arithmetic average of 15 ppm PCBs and not to exceed 25 ppm PCBs and disposing of the material in an off-site licensed landfill. The following is an estimate of the contaminated material at the tertiary lagoon, abandoned lagoons, and trickling filter:

• Sludge 40,000 cubic yards
• Stone 19,900 cubic yards
• Sediments 43,600 cubic yards
• Lagoon Water 16,600,000 gallons
• Process Water (water after filter pressing sludge) 5,300,000 gallons

Material greater than or equal to 50 ppm for PCBs will have to be disposed of in a TSCA landfill. Material less than 50 ppm will be disposed of in a special waste landfill. Disposal in an offsite facility must meet the requirements of the U.S. EPA Off-site Rule, 40 CFR 300.440, 58 Federal Register 49215. Water within the tertiary lagoon may require treatment with activated carbon prior to discharge to the City of Bloomington, Dillman Road Wastewater Treatment Facility. Wet sludge/soil will need to be dewatered prior to disposal and the water generated from the filter presses (process water) may also require treatment prior to discharge to the Dillman Road Facility. After excavation to the cleanup level, a one foot soil cover will be required over excavated areas in the tertiary lagoon and the abandoned lagoons for protection of wildlife. The estimated cost for this Alternative is $18.9 million.

Alternative 2 is identical to Alternative I but all the material contaminated with PCBs would be disposed of in a TSCA landfill. The estimated cost for this Alternative is $24.2 million.

Alternative 3 proposes to use thermal treatment to treat the PCB contaminated material. Three types of thermal treatment were evaluated within the EE/CA: high temperature incineration, thermal desorption and in-situ thermal desorption. The material greater than 15 ppm for PCBs and not to exceed 25 ppm for PCBs. The residuals from the thermal treatment would have to be disposed of off-site in a landfill. The cost for this Alternative is from $17.4 million to $18.5 million, depending on the technology used.

Alternative 4 is similar to Alternative 1, but instead of disposing of the trickling filter stone in a landfill, the trickling filter stone will be cleaned and reused. The estimated cost for Alternative 4 is $17.7 million.

After review of the four Alternatives and consideration in the EE/CA of U.S. EPA's nine criteria, response action Alternative 4 was identified as the preferred response action in the EE/CA. Public comments were received and considered and response action Alternative 4 remains the preferred alternative and is selected in this Action Memorandum, as modified in this paragraph. A responsiveness summary containing summary of the comments received and U.S. EPA's responses are included in the administrative record for this Action Memorandum.

In light of the City of Bloomington's possible future use of the Winston Thomas site for storm water retention, some modification to the proposed one foot of soil cover over excavated areas in the tertiary lagoon is appropriate. Specifically, rather than requiring a full foot of soil immediately, only six inches of soil cover will need to be applied initially in the tertiary lagoon. In addition, the requirement for the initial six inches of soil cover may be modified for any portion or portions of the tertiary lagoon after excavation (a) if CBS demonstrates to the parties that PCB contamination levels are below 1 ppm, in which no soil cover shall be required for applicable portion or portions, or (b) to account for grading as described below. The parties recognize that even if modifications to the initial six inch requirement are made some soil cover may be necessary for purposes of erosion control and support for a vegetative cover which may be reflected in the approved Plan discussed below. Within thirty days after excavation and sampling are completed, CBS shall provide the parties with its "Soil Cover Plan" for their review and approval, which may include a request for variances. The On-Scene Coordinator may grant CBS additional minor variances to the soil cover approved under the Plan.

The additional six inches of soil cover must be applied within two years after completion of the excavation in the tertiary lagoon unless (a) the City of Bloomington has started construction on a future use for the tertiary lagoon which would make additional cover unnecessary, or (b) CBS has presented data and information clearly demonstrating that leaving the existing soil cover over the tertiary lagoon will not result in a threat to human health or the environment. Prior to installing any additional soil cover, CBS will submit a "Supplemental Soil Cover Plan" for the parties' review and approval, which may include a request for variances. If appropriate, and if there is a demonstration by CBS of a lack of threats posed by any PCBs remaining in the tertiary lagoon, then this Action Memorandum may be amended by U.S. EPA to no longer require the additional six inches of soil cover. Such a demonstration may include the City's plans for future use of the tertiary lagoon. U.S. EPA may also modify the requirement for an additional six inches of soil cover for any portion or portions of the tertiary lagoon to account for grading. The On-Scene Coordinator may grant CBS additional minor variances to the soil cover approved under the Supplemental Plan.

With respect to the initial and additional soil cover requirements described above, one-half of the requisite soil necessary for each phase shall be provided by the City and the remaining one-half by CBS. CBS will be responsible for applying the soil at the site.

The soil cover requirements for the abandoned lagoon are unchanged from the preferred alternative as identified in the EE/CA.

Prior to commencing any site activities, the following plans will have to be reviewed, approved and be consistent with the Statement of Work, which is an attachment to the stipulation:

1. Trickling Filter Workplan which will include site preparation, removal and project approach, site controls which includes health and safety, air monitoring, sampling and analysis and a schedule for completion.

2. Tertiary Lagoon Workplan which includes site preparation, removal approach, site controls (health and safety, air monitoring, sampling and analysis, water collection), schedule for completion and transportation and disposal.

3. Abandoned Lagoons Workplan which includes site preparation, removal approach, site controls (health and safety, air monitoring, sampling and analysis, water collection), schedule for completion and transportation and disposal.

In addition, within 60 days after the Completion of Work Report, CBS must submit to the governmental parties a Groundwater Monitoring Plan which will include the number and placement of monitoring wells, chemical and physical parameters to be sampled and the frequency and duration of sampling to be conducted.

The On-Scene Coordinator has begun planning for provision of post removal site control consistent with the provisions of Section 300.415 (1) of the NCP.

The response actions described in this memorandum directly address actual or threatened releases of hazardous substances, pollutants or contaminants at Winston Thomas which may pose an imminent and substantial endangerment to public health and safety, and to the environment.

Applicable or Relevant and Appropriate Requirements (ARARs)

All applicable or relevant and appropriate requirements (ARARs) of Federal law will be complied with the extent practicable. ARARS have been identified within the EE/CA and the Indiana Department of Environmental Management has provided ARARs revisions as necessary. The ARARs identified in the EE/CA appear as listed on Attachment 1 to this Action Memorandum.

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

Delayed or non-action may result in increased likelihood of a direct contact threat of high PCB concentrations to human or wildlife populations accessing the site. PCB contamination may also migrate into Clear Creek from the Winston Thomas site if the removal action does not take place, threatening the environment and exacerbating the levels of PCBs in the aquatic biota in Clear Creek.

VII. OUTSTANDING POLICY ISSUES

None.

VIII. ENFORCEMENT

The Potentially Responsible Parties for this action are CBS, as generator of the hazardous substances found at the tertiary lagoon, abandoned lagoons, and trickling filter, and the City of Bloomington, as owner/operator of the site. Under the Consent Decree, however, the parties (including CBS) waived their claims against the City, and the stipulation to be submitted to the Court does not change the terms of that waiver. Because the work contemplated by this Action Memorandum is to be conducted pursuant to a stipulation to be signed by the parties modifying the 1985 Consent Decree, no enforcement addendum has been prepared.

IX. RECOMMENDATION

This decision document represents the selected removal action for the tertiary lagoon, abandoned lagoons, and trickling filter, located in Bloomington, Monroe County, Indiana. This decision document has been developed in accordance with CERCLA, as amended, and is not inconsistent with the NCP. This decision is based on the Administrative Record for this site. Conditions at the site meet the NCP section 300.415(b)(2) criteria for a removal. No funding has been specifically budgeted for the removal actions proposed for the Site. However, the PRP, CBS has agreed to undertake the proposed removal actions described in this Action Memorandum. The estimated costs associated with the response actions identified in this Action Memorandum are approximately $17.7 million. I recommend your approval of the removal actions proposed in this Action Memorandum. You may indicate your decision by signing below.

APPROVE: William E. Muno, Director Superfund Division 5/12/98

Attachment 1: List of Applicable or Relevant and Appropriate Requirements

Attachment 2: Administrative record for Winston Thomas Waste Water treatment Plant site, tertiary logoon, abandoned lagoons, and trickling filter, Bloomington, Indiana.

Figure 1: Site Location Map, Winston Thomas Wastewater Treatment Facility, Bloomington, Indiana.

Figure 2: Site Map, Winston Thomas Wastewater Treatment Facility, Bloomington, Indiana.