SFUND RECORDS CTR

2244155

$ A \ UNITED STATES ENVIRONIMENTAL PROTECTION AGENCY I 5227 I REGION IX

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

SEP 1 2 20n ACTION MEMORANDUM

SUBJECT: Request for a Time-Critical Removal Action at the Commonwealth of the Northern Mariana Islands (CNMh Agana Springs PCB Site

FROM: Michelle Rogow Federal On-Scerjfe^^yfcfdinator (SFD-9-2)

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

THRU: Harry L. Allen, Chief Emergency Response Section (SFD-9-2)

I. PURPOSE

The purpose of this Action Memorandum is to obtain approval to expend up to $660,000 in direct extra-mural costs to mitigate threats posed to human health and the environment from the presence of soils contaminated with polychlorinated biphenyls ("PCBs") and petroleum at the Agana Springs PCB Site in Agana, Guam ("the Site"). Guam is a territory ofthe United States. The proposed action is being taken pursuant to Section 104 (a)(1) ofthe Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9604(a), to remove and dispose of the contaminated soils.

II. SITE CONDITIONS AND BACKGROUND

Site Status: Non-NPL Category of Removal: Time-Critical CERCLIS ID: GUN000908821 SITE ID: 09WB

A. Site Description

1. Removal Site Evaluation

In April and August of 2000, twenty surface soil samples were collected in the area ofthe former Agana Springs pumping station by Earth Tech, Inc. as part of a site assessment described in the document, (draft) PCB-Focused Site Assessment in the Vicinity of Agana Swamp/River Area, Guam (August, 2001). The site assessment work was conducted under the Comprehensive Long-Term Environmental Action Navy (CLEAN) II program. One of the samples collected, which came from an area near what is described as a former transformer pad, contained a significant concentration of the PCB congener Aroclor 1260 (Ar-1260), at 7,800 milligrams per kilogram (mg/kg). The other nineteen samples collected during the assessment in the same general area ofthe pumping station contained PCB i:oncentrations of 6.8 mg/kg or less, and with the exception of one sample, the only PCB congener detected was Ar-1260. One sample contained both Ar-1260 and Ar-1254 at concentrations of 0.24 and 0.81 mg/kg, respectively. Ar-1260 was often used as a coolant and lubricant in electrical transformers that are known to have been used at the pumping station.

On October 31, 2008, EPA collected forty-seven surface and subsurface samples at the Site. Forty-five of the samples were collected on a grid placed around the hot spot, and two biased-location samples were also collected. Twenty-one of the forty-seven soil samples collected were found to exceed the 0.22 mg/kg the residential regional screening level ("RSL") for PCBs. The highest Ar-1260 concentration found in any of the samples collected at the Site was 370 mg/kg. The grid sampling approach adequately delineated the area of the original hot spot, and has shown that surface soil contamination exceeding 10 mg/kg is limited to an area about ASGRID-07 of 20-foot radius or less.

In June 2009, EPA remobilized to the Site and collected additional surface soil samples to determine the lateral extent of contamination on the northern side of the PCB hot spot. Sixteen soil i samples were collected and the laboratory results documented the lateral extent of the PCB contamination on the surface.

On August 11-12, 2010, EPA revisited the Agana Springs Site and collected additional samples to address concerns regarding PCB contamination in the sediments in the pond at Agana Springs and collect samples for field analytical correlation. EPA collected thirteen pond sediment samples and twenty-seven soil samples. Five of the thirteen sediment samples were found to have quantifiable concentrations of PCBs. The twenty-seven soil samples were found to have a PCB concentrations ranging from 0.035 mg/kg to 240 mg/kg.

2. Physical Location

The former Agana Springs Navy Pumping Station Site is located approximately 0.2 miles northeast of Highway 4 and approximately one mile south of Agana, on the island of Guam.

3. Site Characteristics

Site structures include an old concrete foundation and low concrete walls, some small concrete pads, aged cement-bag retaining walls, a pond of approximate dimensions 75 x 65 feet, and the remnants of old metal piping and valves protruding from the ground. The concrete pads, walls, and piping are mainly located to the north and up-gradient of the pond, which is located on the southern portion of the Site. The pond has an approximate surface area of 4,000 square feet and drains into the Agana Swamp and Agana River.

The Site is currently unoccupied, although it is used by local farmers for growing crops such as taro. The area is open to public access and has residential properties to the west of the Agana Springs Site.

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

As described above, analytical data indicate the presence of PCBs surface soils at concentrations above the residential and industrial RSLs for PCBs. These data demonstrate that a release to the environment has already occurred.

5. National Priority List (NPL) status

This Site is not on the NPL.

B. Other Actions to Date

A power station previously located on the Site was removed several years ago, and there is no longer a threat of further leakage of PCB-bearing oils. No actions have been undertaken to date to address contaminated soils at the Site.

C. Federal. State and Local Authorities' Roles

Guam requested EPA's assistance with this removal action, which is confirmed by correspondence in the Site Administrative Record. EPA would be supported in the proposed action internally by the EPA's Pacific Islands Office (PIO) and externally by coordination with the Guam Environmental Protection Agency.

By their assertions and in EPA's experience, local authorities do not have the financial or technical resources to characterize, excavate, transport and dispose of the contaminated soils off-island, and there are no permitted facilities on-island to take the materials.

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 potential 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

Soils containing PCBs at concentrations above health-based benchmarks have been identified at the Site. Persons working at the Site and others nearby could come into contact with this material through direct contact as well as indirect contract due to migration into the aquatic environment and food sources.

Polychlorinated biphenyls are manufactured chlorinated compounds that have been used as coolants and lubricants in transformers, capacitors and other electrical equipment because of their insulating properties and high flash point. PCBs do not readily break down in the environment and bioaccumulate in the food chain. PCBs have a tendency to bind with soils, but can also dissolve in water and volatilize into air and migrate over long distances. While the most commonly observed health effects in exposed populations are skin conditions such as acne and rashes, other health effects may include liver and digestive system damage. PCBs are also a probable carcinogen.

2. Actual or potential contamination of drinking water supplies

No specific contamination of a drinking water supply has been identified to date. However, there are drinking water sources downstream of Agana Springs.

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

No drums or other containers of hazardous substances have been identified in the subject area of this removal action.

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

PCBs are present in surface soils on Site at concentrations above the RSL for residential of 0.22 mg/kg and industrial exposure of 0.74 mg/kg and above the federal Toxic Substances Control Act clean­up level for bulk PCB remediation waste in high occupancy areas of 1.0 mg/kg. PCBs present in surface soils could migrate off-Site and pose a threat to nearby populations and drinking water supplies. PCBs in the soil at the concentrations documented also represent a threat the public.

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 and typhoons. Heavy rains, which occur frequently, could transport PCBs in surface soils into Agana Swamp, Agana River and into the fragile aquatic environment of Guam

6. Threat of fire or explosion

No threat of fire or explosion has been identified in relation to contaminated soils at the Site.

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

Local authorities do not have the financial or technical resources to appropriately characterize, excavate, transport and dispose of contaminated soils off-island.

IV. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances from this Site, if not addressed by the response action selected in this Action Memorandum, may present a substantial threat to public health, welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

Based on the results of sampling described above, EPA proposes to excavate soils contaminated with PCBs above the identified screening levels or a Site-specific action level. Excavated soils contaminated with PCBs will be packed for shipment and transported off-island for disposal. The area will be restored as appropriate.

1. Proposed action description

With the approval ofthe action proposed in this memorandum, the physical removal ofthe material will include preparation and transport to the U.S. 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 contingency costs have been built into the funding ceiling for this eventuality. Confirmation sampling will be conducted to ensure that contaminants of concern have been removed from the Site.

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 ofthe situation, attain applicable or relevant and appropriate requirements under federal laws and the environmental laws of the Guam.

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. Another potentially relevant ARAR is the Toxic Substances Control Act, which provides directives regarding clean-up standards for PCBs. PCB laden materials will be handled and disposed of in accordance with that law and associated regulations.

The materials will be sent to an acceptable RCRA treatment, storage, or disposal facility pursuant to the off-Site disposal requirements at 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 of approval of the proposed action, approximately six weeks will be required to coordinate this response in Guam, specifically making the logistical arrangements for transportation and staging supplies and equipment. The excavation and packaging for shipment is expected to last approximately three weeks, and transportation to the United States mainland could take up to eight weeks, therefore the total project schedule could be up to seventeen 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) $350,000

Technical Contractor (START) $ 120,000

Extramural Costs Not Funded from the Regional Allowance

Technical Contractor (START) - from Federal Facilities $ 80,000

Extramural Subtotal $ 550,000

Extramural Contingency (20%) $ 110,000

TOTAL, Removal Action Project Ceiling $ 660,000

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

The "worst-case" scenario should no action be taken would be that PCBs present in surface soils could migrate off-Site and pose a threat to nearby populations and drinking water supplies. Additionally, heavy rains could transport PCBs in surface soils into Agana Swamp, Agana River and into the fragile aquatic environment of Guam. Individuals who visit the Site and come in contact with soils could also face exposure to PCBs above health-based screening levels, raising the possibility of cancer or other health effects due to this exposure.

VII. ENFORCEMENT

Please see the attached Confidential Enforcement Addendum for a discussion regarding enforcement in this matter. 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 $ 60,000 '

U.S. EPA Indirect Costs (45.70% of Spending $720,000) $ 324.504

TOTAL Intramural Costs $384,504

The total EPA extramural and intramural costs for this removal action, based on full-cost accounting practices that will be eligible for cost recovery, are estimated to be $1,044,504. Of this, an estimated spending of $470,000 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 Agana Springs PCB Site, Guam, developed in accordance with CERCLA, as amended, 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 renfioval action proposed in this Action Memorandum. The total removal action project ceiling, if approved will be $660,000. Of this, an estimated $470,000 comes from the Regional removal allowance. If you approve of this action, please indicate your decision by signing below.

Approve: Daniel Meer,'Assistant Director Superfund Division

Disapprove: Daniel Meer, Assistant Director Date Superfund Division

Attachments 1. Map of Analytical Data 2. Index to the Administrative Record

Enforcement Confidential Addendum

cc: D. Chung, U.S. EPA, OEM, HQ Director, GEPA

bcc: Site File Andrew Helmlinger ORC-T Michelle Rogow SFD-9-2 Harry L Allen, SFD-9-2 Mark Samolis, SFD-9-4 Celeste Temple, SFD-9-4 Barbara Lee, SFD-9-4 Philip Ingram, PMD-1 Ivania Brown, SFD-9-4

ATTACHMENT 1

Map of Agana Springs PCB Site with Analytical Data

1DD:TI»0MW]»<I001 ivmiik no. uu.

S a m p l e S a m p l e I D P C B resu l t s

1 A S O R I D - O l 2 .3

2 A . S O R J D - 0 2 2 . 2 3 A S a R I D - 0 3 9.8 4 ! 1 5 A S O R I D - 0 5 1.3 6 A S a R l D - 0 6 0 . 5 3 7 A S O R 1 D - 0 7 3 7 0 8 A S t l R i n - O S 1.6| 9 A S a i U D - 0 9 0 . 1 7

to A S O I U D - I O 0 . 1 9

1 1 A S O i u r > - i t 3.1 12 A S G R I D - 1 2 3.7^ 13 A S a f U D - 1 3 4.l] 14 A a a i u D - 1 4 O . l 1

. 15 A S O R I D - t S 0 . 0 9 9

16 A S O R I D - i e 0.072^ 17 A S a R l D - 1 7 0.08^^

18 A S O R H J - I S 0 . 8 9 19 A s a R m - 1 9 1.3

2 0 A S O I U D - 2 0 1.7^ 21 A S a i U I > . 3 1 0.5l] 2 3 A S Q R I D - 2 2 0 .23 23 A S O R I D - 2 3 0 . 0 3

2 4 A S a R I D - 2 4 0 .063

25 A S a R i r > - 2 5 o.;J 2 6 A S C i R l t > - 2 6 a.o« 2 7 A S a R I D - 3 7 0 . 0 4 9

2 8 A S a R I D - 3 8 0 . 6 5

2 9 A S O R I D - 2 9 0 . 0 3 5 | 3 0 A S a R l D - 3 0 0.25]

31 A S O R I D - 3 1 0 .032

3 2 A 8 a R i r > - 3 2 0 . 0 2 2

33 A S a R l D - 3 3 0 . 0 4 3

3 4 A S a R l O - 3 4 M13

3 5 A S O I U D - 3 9 0 . 0 3 3 3 6 A S O R I O - 3 6 N D

3 7 A s a i u r > - 3 7 0 . 0 7 « 3 8 A S a R I D - 3 8 N D

3 9 A S O R I O - 3 9 N D 4 0 A S a R l D - 4 0 N D

41 A S a i U I > - 4 t N D 4 2 A S a i U £ > - 4 3 I-JD

4 3 A S O R I D - 4 3 N I >

4 4 A S - B L A S - O I - O " 0 .95

4 5 A S - B l A S - O l - 6 * ' 4 . 7 4 6 A S C i K l O - 1 O O - O O . l

4 7 A S Q R I D - I O I - O o.oed 4 8 A S O R I D - 1 0 2 - 0 0 .009 4 9 A S O R T O - 1 0 3 - O 0 .009

SO A S O R i r > - 1 0 4 - ( ) 0 . 0 8 3

S I A S O R I D - I O S - O 0.O33

S 2 A S Q R I D - 1 0 6 - 0 0.18

S 3 A S a R l D - 1 0 7 - 0 0 .045

54 A S O R I O - I O S - O 0 . 0 3 5

SS AsaRir>-io»-o 0.073

5 6 A S T R A N S - 1 O O - O O.OI3 57 A S T R A I 4 S - 1 0 1 -O 0 .025

58 A S T R A N S - 1 0 2 - 0 O.OOS

5 9 A S T R A N S - 1 0 3 - 0 0 . 0 2 9

6 0 A S T R A I M S - 1 0 4 - 0 11.02 5

S<xin»: AsilalPlloto-D>l»alOlo6« 200MIMl.Msl.ESRIW<im

18 • / •

SS-5 o

S S - 2 6 a C8S-27

2 s f - a * * " ^ ' O O S M o S S . 7 , s s ^ g 3

OSS-11

O 88-13

• SS-23

• SS-22

OSS-21

O8S-J0

• 88-19

1 3 A

• 4 7 • S I • 55:

• 'AS • 52

S 8 . 2 S « ^ S - 1 8

4S

I Z X 22 S E D - 2

^Wl ' SEL-I* ®S(liSISaE!jEIIlMI& J h l . . , . . / SED-6

/ u a i a ) . • •SED.7 / / I / Po'nl

/ S E D - 8 • • •

^ / S E D - 9 S E D - I O

31 • S E D - 1 1 . • • S E D . 1 3

x ^ 3 6

1 SS-17

• 37 3 9 .

N O T E S

All corx^entrabcns ars aurfKVBOl oorwentrations with the exception 0 f A 3 - B I A S ^ - r

A3GRK>-01-e" and ASQRICM)1-12-(0.90 and 046 mgHtg raspedively) not shown on figure

o Not<Miactad

• <0.22 motkq

• 0.22-1.0 mento

s AppfwclffHrta location of ooncrate fixture

9 l . l -S.Omgncg

• S-O-IOmgAcg

• > 10 mg/kg

Approximate locatton of low-ievel dam

Sanq>l« Sample ID P C B resuhs

mg/kg Samplb SnpfaTID mg/kg

S S - l AS-SS-J 1.2

SED-i AS-POND-SED-1 0.036 SS-2 AS-SS-2 9.3 SED-i AS-POND-SED-1 0.036

SS-3 AS-SS-3 240 SED-2 AS-POND-SED-2 0.OIO

SS-4 AS-SS-4 4.9 SED-3 As-i><na>-sBD-3 <0.017

SS-3 AS-SS-S 3.9 AS-POND-8eD-4 0.018

SS-6 AS-SS-6 3.8 AS-POND-8eD-4 0.018

SS-7 AS-SS-7 7.3 SED-5 AS-POND-SED-5 0.020

SS-8 AS-SS-8 0.31 SED-6 AS-POND-SED-6 <0.033

SS-9 AS-SS-9 0.47 se>-7 AS-POND-SBD-7 <0.031

SS-ID AS-SS-10 0.12

SED-8 AS-POND-SED-8 0.025 S S - l l AS-SS-11 0.11 SED-8 AS-POND-SED-8 0.025

SS-12 AS-SS-12 0.033 SED-') Aa-POND-SED-9 <0.037

SS-13 AS-SS-13 0.066 SED-IO AS-POND-SED-IO <0.029

SS-14 AS-SS-14 0.32 SED-i 1 AS-P<»41>8Q>-11 <0.019

SS-15 AS-SS-15 0.081 SED-i 1 AS-P<»41>8Q>-11 <0.019

SS-16 AS-SS-16 0.048 SED-I 2 <0.060

SS- i7 AS-SS-17 0.19 SED-13 AS-POND-SED-13 <0.040

SS-18 AS-SS-18 0.14

SS-19 AS-SS-19 0.22 Flgura2

PCB Concantnrtlons In Soil

Agana Springs Guam

^ 2 0 AS-SS-20 1.4 Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-21 AS-SS-21 1.2

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-22 AS-SS-22 0.36

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-23 AS-SS-23 0.37

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-24 AS-SS-24 34

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-23 AS-SS-25 0.29

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-26 AS-SS-26 11

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

SS-27 AS-SS-27 3.6

Flgura2 PCB Concantnrtlons

In Soil

Agana Springs Guam

ATTACHMENT 2 Index to the Administrative Record

• June 26, 2009 Agana Springs Assessment Report, prepared by Ecology and Environment

• June 15, 2010 Agana Springs June 2009 Sampling Trip Report, prepared by Ecology and Environment

• February 4, 2011 Trip Report, Agana Springs Pond Sediment and Soil Sampling, prepared by Ecology and Environment

• Documents recording request for federal assistance by Guam