SFUND RECORDS CTR

2171854

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12K T, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY I REGION IX

% ^ \ ^ 75 Hawthorne Street ' '"""^ San Francisco, CA 94105

ACTION MEMORANDUM

DATE: OCT 2 8 2008

SUBJECT: Request for a Time-Critical Removal Action at the CNMI Abandoned Pesticide Site

FROM: Michelle Rogow, PE Federal On-Scene Coordinator (SFD-9-2

TO: Daniel Meer, Assistant Director, Superfund Response, Planning and Assessment Branch (SFD-9)

THRU: Steve Calanog, Acting Chief Emergency Response Section (SFD-9-2)

I. PURPOSE

The purpose of this Action Memorandum is to obtain approval to expend up to $164,000 in direct costs to mitigate threats posed to human health and the environment posed by the presence of banned, unregistered pesticides, herbicides and insecticides located at the Commonwealth of the Northern Mariana Islands (CNMI) Division of Environmental Quality (DEQ) offices (the Site). CNMI is a territory of the United States. The proposed action is being taken pursuant to Section 104 (a)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), by identifying, containing, and disposing of pesticides, insecticides and herbicides.

II. SITE CONDITIONS AND BACKGROUND

Site Status: Non-NPL Category of Removal: Time-Critical CERCLIS ID: to be assigned SITE ID: to be assigned

A. Site Description

1. Removal site evaluation

On July 9, 2008, the United States Environmental Protection Agency, Region 9 (EPA) received a Request for Federal Action from the CNMI DEQ (Attachment 1). The request was for assistance to conduct a removal action to abate the hazards posed by misbranded and unregistered pesticides that DEQ has seized and stored in its office storage building. DEQ has requested assistance for proper treatment and/or disposal. An inventory of the pesticides is listed in Attachment 2.

Over a period of years, DEQ has accumulated pesticides from cruise ships and other customs related confiscations. It confiscated some of these pesticides from tourists arriving from foreign countries, and still others it seized from shelves in convenience stores because of improper labeling or labels not in English. Some of the pesticides were smuggled into the United States from foreign countries and some are in packaging other than its original packaging. Many of the pesticides appear to be banned in the United States. '

Since many of the containers are in foreign languages, EPA Emergency Response Section and the its pesticide program consulted with Chinese speaking staff and China's Ministry of Environmental Protection to determine what the labeling states and what types of pesticides, herbicides and insecticides may be contained in the packages. While EPA determined that some labels identify the contents, many labels fail to state the contents and EPA will have to test to determine the nature of the materials for disposal.

From translations provided, a number of the containers contain lannate, which is a carbamate pesticide with toxic effects parallel those of organophosphorus pesticides. Both classes of compounds inhibit cholinesterase in humans, thereby allowing the accumulation of large amounts of acetylcholine. When a critical level of cholinesterase depletion is reached, usually about 20% of normal, symptoms and signs of acetylcholine accumulation poisoning become manifest. These symptoms may include blurred vision, weakness, nausea, headache, abdominal cramps, chest discomfort, and diarrhea. Other signs may include miosis, muscle twitching, salivation, sweating, tearing, cyanosis, convulsions, and conha.

Another one of the foreign pesticides is fenvalerate, for which EPA cancelled its registration and lawful use in the United States in 2003. There have been a number of reports of workers exposed to fenvalerate residues developing itchy, burning skin, typically without a rash, respiratory symptoms (sneezing, runny nose, cough, difficulty breathing), and eye irritation. Others developed a peculiar tingling and burning sensation of the hands and face, which generally abated after 24 hours. In general, the alpha-cyanopy-rethroids, such as fenvalerate, interfere with the ability of nerve cells to recharge, causing nerve cells to fire for abnormally long periods. This can lead to unusual and painful sensations, called dysesthesia and paresthesia.

2. Physical location

The pesticides are located in a storage unit at the DEQ office on Middle Road in Gualo Rai, Saipan, CNMI.

3. Site characteristics

The Site is located in an active commercial area, in proximity to residential neighborhoods. The waste location is somewhat secure in a storage area at the DEQ office building, but is subject to access and potential vandalism, and deterioration from heat and humidity. Some containers already are deteriorating. The climate is tropical and subject to seasonal typhoons of considerable strength, which presents an additional threat of release.

The inventory of pesticides, herbicides and insecticides (Attachment 2) may not be an exhaustive list and includes material that are yet unconfirmed. EPA's experience at similar facilities suggest that larger volumes and additional waste types will be discovered. The response proposed in this memorandum considers that quantities may be greater than reflected in the inventory, and that other waste types may exist.

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

Considering the relatively unsecure nature of storage and the ongoing deterioration of the containers, the circumstances of this Site present a threatened or actual release into the environment of hazardous substances or pollutants or contaminants. A release could cause exposure to DEQ staff, nearby visitors or workers in the surrounding commercial area.

5. National Priority List (NPL) status

This Site is riot on the NPL.

B. Other Actions to Date

DEQ has accumulated these waste chemicals on behalf of the local Customs Department and its

own pesticide inspection program. DEQ has provided temporary packaging to stabilize improperly packaged materials, but the containers are all subject to degradation. DEQ has unsuccessfully attempted to get one of the companies that was caught smuggling the pesticides to conduct proper disposal of. the materials, but DEQ now believes that the company is no longer in operation. DEQ asserts a lack pf independent resources to dispose of the materials.

C. Federal. State and Local Authorities's Roles

EPA would be supported in a response by EPA's Pacificlslands Office and EPA's pesticide program, which all will work in coordination with CNMI DEQ.

Local authorities assert not to have the financial or technical resources to repackage, transport and dispose the chemicals off-island. These materials will continue to accumulate and deteriorate over time, particularly as the storage units are unprotected from climate and vandalism.

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

A. Threats to Public Health, or Welfare or the Environment

Conditions at the Site present a release, and potentja! threat of release, of a CERCLA hazardous substance threatening to public health, or welfare, or the environment based upon the factors set forth in the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR ' 300.415(b)(2). These factors include:

1. Actual or potential exposure to hazardous substances or pollutants or contaminants by nearby populations or the food chain .

The pesticides are stored in a storage area at the DEQ office and have been accumulating there for several years. Many of the containers are in poor condition and degrading. Excessive heat and humidity, combined with the non-segregation of unknown pestcides, present an imminent risk to the employees of DEQ and the other businesses in the immediate area.

Among these pesticides are lannate, sevin, fenvalerate and various rodenticides. Because of the threat of release, the materials are a threat to public health and safety.

2. Actual or potential contarhination of drinking water supplies

No specific threat of contamination to a drinking water supply has been identified to date.

3. Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers, that may pose a threat of release

As discussed above, this facility has materials that are in degrading, unsecure containers and pose a threat of release.

4. High levels of hazardous substances or pollutants or contaminants in soils largely at or near the surface, that may migrate

Currently, there is no evidence of contamination in surface soils, but if pesticides are to remain on Site and the containers continue to degrade, the pesticides, herbicides and insecticides could migrate into surface soils.

5. Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released

This area is subject to extreme weather conditions (heat and humidity), as well as typhoons. If the

storage area was to be impacted by heavy rains or a typhoon, the contents of the storage area could be released and transported with rains into storm drains that lead to the Pacific Ocean. Because a number of the pesticides appear to be marine pollutants, this could cause significant harm to the aquatic environment.

6. Threat of fire or explosion

The pesticides, herbicides and insecticides do not themselves pose a threat of fire or explosion, but if a fire occurred in the storage area, first responders and surrounding populations may suffer impacts from exposure.

7. The availability of other appropriate federal or state response mechanisms to respond to the release

Local authorities assert not to have the financial or technical resources to repackage, transport and dispose the chemicals off-island.

IV. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances (pesticides, herbicides, insecticides and other chemicals) from this Site, if not addressed by the response action selected in this memorandum, may present an imminent and substantial endangerment to public health, welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

EPA conducted an initial assessment in May of 2008 to confirm the inventory of individual containers of the chemicals. For each uriknown, hazard characteristic analysis will be conducted to determine compatibility and waste disposal determination. Each item will be classified into hazard categories and disposal groups and segregated for treatment or disposal. Materials will be sampled, segregated, stabilized and treated or disposed.

1. Proposed action description

With the approval of this memorandum, the physical removal of the material will include preparation and transport to the United States mainland followed by transportation and treatment or disposal of the materials at an approved treatment, storage or disposal facility. It is anticipated that additional hazardous materials, wastes, or situations may be present and the requested funding for this action considers this contingency. Because these materials will be shipped over the Pacific Ocean, they must first be solidified with compatible materials. Transportation of Lab Packs, as defined in 49 CFR ' 173.12(b), may only transported by sea and highway, and may not be transported by rail, vessel or air.

2. Contribution to remedial performance

There is no ongoing remedial action at the Site.

3. Description of alternative technologies

No alternative technologies are proposed at this time.

4. Applicable or relevant and appropriate requirements (ARARs)

In accordance with 40 C.F.R. ' 300.415(1), this removal shall, to the extent practicable considering the exigencies of the situation, attain applicable or relevant and appropriate requirements under federal laws and the environmental laws of the Commonwealth of the Northern Mariana Islands.

Federal ARARs: Potential relevant federal ARARs are the provisions of the Resource

Conservation and Recovery Act (RCRA), 42 U.S.C. ' 6901 et seq., and the corresponding regulations pertaining to the transportation and disposal of hazardous waste, including the land disposal restrictions at 40 CFR Part 268. As the materials being dealt with are likely to be RCRA characteristic and listed wastes, they will be handled accordingly. To the degree materials are sent off-Site, wastes will be sent to a RCRA permitted facility and RCRA manifesting requirements will be complied with for all waste streams.

The materials will be sent to an acceptable RCRA treatment, storage, or disposal facility pursuant to the Off-Site Rule, 40 CFR ' 300.440.

State ARARs: All state ARARs identified by the appropriate agency in a timely fashion will be complied with to the extent practicable.

6. Project schedule

From the date that the response proposed in this memorandum is approved, approximately four weeks will be required to coordinate this response in Saipan, specifically making the logistical arrangements for transportation and staging for supplies and equipment. The final assessment, stabilization, solidification, treatment and repackaging is expected to last approximately one week, and transportation to the United States mainland could take up to eight weeks.

B. Estimated Costs

Cost estimates are based on existing Emergency and Rapid Remedial Response Services (ERRS) rates for the EPA Region 9 contracts. Cost estimates may have to be adjusted after potential bids for the removal are received, or if there is a substantial increase in material that requires attention.

Extramural Costs

Regional Removal Allowance Costs

Cleanup Contractor (ERRS) $95,000

Extramural Costs Not Funded from the Regional Allowance

Technical Contractor (START) $ 25,000

Extramural Subtotal $120,000

Extramural Contingency (20%) $ 24.000

TOTAL, i=temoval Action Project Ceiling $144,000

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

The expected change in the situation at the Site should no action be taken would be that the containers will continue to deteriorate and could rupture, causing a release in and around the DEQ office that would present an immediate threat of substantial adverse impacts oh human health.

VII. ENFORCEMENT

Please see the attached Confidential Enforcement Addendum for a discussion regarding potentially liable parties 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^

U.S. EPA Direct Costs $ 20,000

U.S. EPA Indirect Costs (36.58% of Spending $144,000-1-$20,000) $59.991

TOTAL Intramural Costs $ 223,991

The total EPA extramural and intramural costs for this rernoval action, based on full-cost accounting practices that will be eligible for cost recovery, are estimated to be $ 223,991. Of this, an estimated spending of $ 95,000 comes from the Regional removal allowance.

[Recommendation and signature on following page.]

1 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.

VIII. RECOMMENDATION

This decision document represents an appropriate removal action for the Saipan Abandoned Pesticide Site, Gualo Rai, Saipan, CNMI, 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 $164,000 in direct costs (with potential cost recovery including indirect costs for a total of $223,991). Of this, an estimated $95,000 comes from the Regional removal allowance. If you approve of this action, please indicate your decision by signing below..

Approve: Daniel Meer, Ai^SiSteRtDirector Response, Planning & Assessment"Branch

)aie I Da

Disapprove: Daniel Meer, Assistant Director Response, Planning & Assessment Branch

Date

Attachments 1. CNMI DEQ Request for Federal Action 2. Pesticide Inventory Forms 3. Enforcement Confidential Addendum

cc: S. Fielding, U.S. EPA, OEM, HQ Director, DEQ Department of the Interior

bcc: Site File Andrew Helmlinger, ORC-3 Michelle Rogow, SFD-9-2 Steve Calanog, SFD-9-2 Jim Hanson, SFD-9-4 Eugene Rainwater, SFD Barbara Lee, SFD-9-4 Steffanie Wood, PMD-1 Ivania Brown, SFD-9-4

ATTACHMENT 1

CNMI DEQ Request for Federal Action

CamitumofeaiiA of Hie MiMdii&M JiavUmaJaianda Office of the Governor

Division of Environmental Quality ,P.O. Box 501304, Saipan, MP 96950 Tels:(670) 664-8500/1

Fax:(670)664-8540

R E Q U E S T F O R FEDERAL ACTION

The CNMI Division of Environmental Quality ("Requesting Agency") requests assistance from the United States Enviroimiental Protection Agency, Region 9 ("EPA") to conduct a removal action at the facilities located at:

Division of Environmental Quality Storage (misbranded pesticides) Gualo Rai

Saipan, MP 96950 Commonwealth ofthe Northern Mariana Islands

By making this Request, the Requesting Agency recognizes that v dth respect to this removal action EPA, or any other federal agency acting in conjunction with or on behalf of EPA, may use its authority under the Comprehensive Enviroimiental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C.A. §§ 9601, et seg., the National Contingency Plan ("NCP"), 40 C.F.R. Part 300, or any other federal statute, regulation or response program, to respond to and recover costs incurred in response to releases or threats of releases of pollutants and contaminants as deemed necessary in EPA's sole discretion to abate an imminent and substantial endangerment to public health or welfare or the environment at the location stated above. By making this Request, the Requesting Agency with respect to this removal action waives notice as otherwise required by Section 128(b)(1)(D) of CERCLA, 42 U.S.C. § 9628(b)(1)(D). The signatory of this request is authorized to make this request on behalf of the State.

Executed on this the { day of ^ ' ^ -2008.

i/rank M. Rabauliman Director

ATTACHMENT 2

Pesticide Inventory Forms

CNMI PESTICIDES INVENTORY

File Name

Double Lee 1

Double Lee 2

Double Lee 3

Pesticides05142008

Teregeyo

Photo Numbers

MVC0015-0055 MVC0065-0135 MVC0145-0175 MVC0185-0205 MVC0215-0275 MVC0285-0335 MVC0345-0355 MVC0365-b375 MCV0385-0415 029 Pesticide 030 Pesticide

MVC0015-0065 MVC0075-0125 MCV0135-0165 MVC0175-0185

MVC0015-0035 MVC0045-0065 MVC0075-0125 MVC0135-0165 MVC0175-0225 MVC0235-0295 MVC0305-0345 MVC0355

Pesticidel 4May2008/006-007 Pesticide 14May2008/008 Pesticide 14May2008/009-012 Pesticide 14May2008/014-016 Pesticide 14May2008/017 Pesticide 14May2008/018-019 Pesticide 14May2008/020 Pesticide 14May2008/021 Pesticide 14May2008/022 Pesticide 14May2008/023 Pesticide 14May2008/24 Pesticide 14May2008/025 Pesticide 14May2008/026 Pesticide 14May2008/027 Pesticide 14May2008/031

MVC0135-0145 MVC0185-215 MVC0225-235 MVC0255-275 MVC0285-305

Determination

Pesticide Pesticide Pesticide Pesticide • Pesticides Pesticide Pesticide Pesticide Pesticide No label,wrapped in bag No label,wrapped in bag

Fertilizer Pesticide Fertilizer Fertilizer

Pesticide Tide bags filled with pesticides Pesticide Pesticide Pesticide Fertilizer Pesticide Fertilizer

No Label Unlabeled Pesticide Label illegible Suspect it's a fertilizer Bag of packets of pesticides Pesticide Pesticide Pesticide Unknown Pesticide Pesticide Pesticide Pesticide Unknown

Pesticide Pesticide ' Pesticide Pesticide Pesticide

Zhangjunquan Zhangjunquan 004 Zhangjunquan 005 - 011 Zhangjunquan 012-015 Zhangjunquan 016 Zhangjunquan 017 - 023 Zhangjunquan 024 - 030 Zhangjunquan 031 - 036 Zhangjunquan 037 - 041 Zhangjunquan 042 - 046 . Zhangjunquan 047 - 049 Zhangjunquan 050 - 057

Small packages in big bag Pesticide Pesticide Pesticide Pesticide Pesticide Pesticide Pesticide Pesticide Pesticide Pesticide

LOCATION:

Commonwealth of the Northern Mariana Islands Division of Environmental Quality 3"* Floor Morgen Building, San Jose

P.O. Box 501304 Saipan, MP 96950

Pesticide Inventory Form 6^070^- 0\

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Index to the Administrative Record

CNMI Division of Environmental Quality, Pesticide Inventory Form 040705-01

CNMI Division of Environmental Quality, Pesticide Inventory Form 040705-02

CNMI Division of Environmental Quality, Pesticide Inventory Form 040705-05

CNMI Division of Environmental Quality, Pesticide Inventory Form 040705-06

CNMI Division of Environmental Quality, Pesticide Inventory Form 040705-07

CNMI Pesticide Inventory Excel Spreadsheet