BEFORE THE UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

In the Matter of ) )

WR GRACE COJ ) CRYOVAC INC ) 369 Washington St ) Woburn MA )

) Respondent )

) Proceeding Under ) Section 3013 of the ) Resource Conservation) and Recovery Act ) 42 usc S6934 )

Docket No83-l000

ORDER

ORDER REQUIRING SUBMISSION OF PROPOSAL FOR SAf~LING ANALYSIS MONITORiiG AND REPORTING

The following FINDINGS are made and ORDER issued

pursuant to the authority of Section 3013 of the Resource

Conservation and Recovery Act (hereinafter bullRcRAbull)

42 usc S6934 as vested in the Administrator of

the United States Environmental Protection Agency

(hereinafter bullEPAbull) and delegated to the Regional

Administrator

FINDINGS

1 For approximately three years EPA has been

conducting numerous studies throughout the City of

Woburn Massachusetts for purposes of investigating

the release storage treatment andor diapoaal of

hazardous wastes

middot

~ bulltl

~ middot middot middot ~~ c1 middot

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2 One such focus of EPAs investigation is the aqui fer

that supplies drinking water to City of Woburn Wells

G and B two water supply wells that were ~pe~ed in I bull

1964 and 1966 respectively and closed in llay 1979 due

to volatile organic contamination

3 The EPA Region I Field Investigation Team reported

that the four chlorinated organic solvents found in

highest observed concentrations in water from Wells G

and H were trichloroethylene tetrachloroethylene

trans-12-dichloroethylener and 111-trichloroethane

These findings are discussed in the report described more

fully in paragraph 9 below the four chemicals are

discussed more fully in the following four paragraphs

4 Trichloroethylene (hereinafter bullTCEbull) wabull found in

the aquifer supplying Wells G and B in concentrations

as high as 1372 parts per billion (hereinafter bullppbbull)

TCE has been demonstrated to cause cancer in laboratory

animals Animal carcinogens are suspect human carcishy

nogens TCE is an anesthetic which depr sses the

central nervous system It can cause neurological

impairment liver and kidney damage and at high

concentrations death TCE is designated a hazardous

waste and a hazardous waste constituent purbullaant to II f

40 CPR SS26111 26133 and Appendix VIIImiddot ~ 45 Fed bull

Reg 33121 33124 and 33132 (May 19 1980) ~

ani a

hazardoubull substance pursuant to Section 101(14) of the

middot

~ bulltl

~ middot middot middot ~~ c1 middot

-2shy

2 One such focus of EPAs investigation is the aqui fer

that supplies drinking water to City of Woburn Wells

G and B two water supply wells that were ~pe~ed in I bull

1964 and 1966 respectively and closed in llay 1979 due

to volatile organic contamination

3 The EPA Region I Field Investigation Team reported

that the four chlorinated organic solvents found in

highest observed concentrations in water from Wells G

and H were trichloroethylene tetrachloroethylene

trans-12-dichloroethylener and 111-trichloroethane

These findings are discussed in the report described more

fully in paragraph 9 below the four chemicals are

discussed more fully in the following four paragraphs

4 Trichloroethylene (hereinafter bullTCEbull) wabull found in

the aquifer supplying Wells G and B in concentrations

as high as 1372 parts per billion (hereinafter bullppbbull)

TCE has been demonstrated to cause cancer in laboratory

animals Animal carcinogens are suspect human carcishy

nogens TCE is an anesthetic which depr sses the

central nervous system It can cause neurological

impairment liver and kidney damage and at high

concentrations death TCE is designated a hazardous

waste and a hazardous waste constituent purbullaant to II f

40 CPR SS26111 26133 and Appendix VIIImiddot ~ 45 Fed bull

Reg 33121 33124 and 33132 (May 19 1980) ~

ani a

hazardoubull substance pursuant to Section 101(14) of the

-3shy

Environmental Response Compensation and Liability_

Act of 1980 (hereinafter bullcERcLAbull) 42 usc 59601(14)

5 Tetrachloroethylene was found in the aquifer

supplying Wells G and 8 in concentrations as high as

240 ppb Tetrachloroethylene has been demonstrated

to cause cancer in laboratory animals Animal carcishy

nogens are suspect human carcinogens Tetrachloroethylene

can adversely effect the central nervous system and at

high exposure cause kidney dysfunction Tetrachloroethyshy

lene is designated a hazardous waste and a hazardous

waste constituent pursuant to 40 CFR SS26111 26133

and Appendix VIII of 45 Fed Reg 33121 33124 and 33132

(May 19 1980) and a hazardous substance pursuant to

Section 101(14) of CERCLA 42 USC 59601(14)

6 Trans-12-dichloroethylene was found in the aquifer

supplying Wells G and 8 in concentrations as high as

420 ppb Trans-12-dichloroethy1ene is ari irritant and

a narcotic and may cause liver and kidney damage

Trans-12-dich1oroethylene is designated a hazardous

waste and a hazardous waste constituent pursuant to

40 CPR 526111 26133 and Appendix VIII of 45

Fed Reg 33121 33124 and 33132 (May 19 1980) and a

hazardous substance purauant to Section 101(~4) of

CERCLA 42 USCS9601(14)

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7 111-trichloroethane was found in the aquifer bull ~

supplying Wells G H in concentrations as high as 133

ppb 111-trichloroethane is an eye and mucous membrane

irritant and a narcotic 111-trichloroethane is

designated a hazardous waste and a hazardous waste

constituent pursuant to 40 CFR SS26111 26133 and

Appendix VIII of 45 Fed Reg 33121 33124 and 33132

(Nay 19 1980) and a hazardous substance pursuant to

Section 101(14) of CERCLA 42 USC sect9601(14)

8 Section 105(8) of CERCLA requires the designation

of at least four hundred of the highest priorities among

the known releases or threatened releases of hazardous

substances throughout the United States Wells G and H

were listed in the proposed National Priorities List

published on December 30 1982 47 Fed Reg 58476

9 On ~arch 0 1902 Ecology and Environ~ent Inc the

Region I Field Investigation Team submitted to EPA

Region I a report entitled bullchlorinated Solvent Contamishy

nation of the Groundwater - East Central Woburn Massachshy

usettsbull (hereinafter bullFIT Reportbull) The primary objective

r bull of the FIT Report was to preliminarily identify potential t bull ~ bullbull 0

aource areas of the four chlorinated orgaqic fOlYents middot middot~

present in water from Wells G and H

)

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7 111-trichloroethane was found in the aquifer bull ~

supplying Wells G H in concentrations as high as 133

ppb 111-trichloroethane is an eye and mucous membrane

irritant and a narcotic 111-trichloroethane is

designated a hazardous waste and a hazardous waste

constituent pursuant to 40 CFR SS26111 26133 and

Appendix VIII of 45 Fed Reg 33121 33124 and 33132

(Nay 19 1980) and a hazardous substance pursuant to

Section 101(14) of CERCLA 42 USC sect9601(14)

8 Section 105(8) of CERCLA requires the designation

of at least four hundred of the highest priorities among

the known releases or threatened releases of hazardous

substances throughout the United States Wells G and H

were listed in the proposed National Priorities List

published on December 30 1982 47 Fed Reg 58476

9 On ~arch 0 1902 Ecology and Environ~ent Inc the

Region I Field Investigation Team submitted to EPA

Region I a report entitled bullchlorinated Solvent Contamishy

nation of the Groundwater - East Central Woburn Massachshy

usettsbull (hereinafter bullFIT Reportbull) The primary objective

r bull of the FIT Report was to preliminarily identify potential t bull ~ bullbull 0

aource areas of the four chlorinated orgaqic fOlYents middot middot~

present in water from Wells G and H

)

middot -sshy

10 The FIT report preliminarily identifies a

potential source area of certain organic solvents

particularly TCE and Trans-12-dichloroethylene _ w

northeast and up ground-water gradient of Wells G

and B in an area beginning approximately where

the w R Grace facility described in paragraph

11 below is located

11 w R Grace Co owns and operates Cryovac

Inc a division of the Industrial Chemical Group

of w R Grace Co Cryovac Inc is doing business

in Massachusetts at 369 Washington Street Woburn

and is incorporated under the laws of South Carolina

Cryovac Inc manufactures metal packaging equipment

) for the food industry (Hereinafter bullwR Grace Cobull

and bullcryovac Incbull shall be used interchangeably)

12 Anne Anderson et al v Cryovac Inc et al

c A No 82-1672-S u s District Court for the

District of Massachusetts was filed on or about

May 1982 This lawsuit states causes of action

in negligence wrongful death conscious pain and

bulluffering and nuisance allegedly caused by the

injestion of contaminated drinking water from Wells

-i G and B The plaintiffs are alleging that hazardous middotmiddot wastes emanating from Cryovac Inc contributedt shy

to the contamination of this drinking water middot

13 w R Grace Co filed Answers to Plaintiffs

-6shy

Interrogatories with the United States District Court

on or about February 1 1983 In these An~w~ra middot bull

w R Grace Co admitted to the followint ~tivities

occurin9 on the Cryovac Inc propertya A that in October of 1973 a pit was du9 on the

Cryovac Inc property into which an estimated

10 filled or partially filled drums of accumulated

paint sludges were emptied or placed and that

constituents of the paint sludge may contain

trichloroethylene

B that trichloroethylene and products containing

111-trichloroethane and tetrachloroethylene were

purchased and stored at the Cryovac Inc property and

) c that such materials may have been disposed

of directly onto the ground at different locations

on the Cryovac Inc property

DETERMINATION

Based upon the above Findings of Fact it is hereby

determined that hazardous wastes have been atored

and disposed of at Cryovac Inc and that the

release of such wastes may have occurred and may

continue to occur and may have presented and may present

a substantial hazard to human health or the~nvironment

~

Accordingly w R Grace Co is hereby ORDERED

r

-7shy

pursuant to Section 3013 of RCRA 42 usc S6934 to

prepare and submit to EPA a proposal for the identification

sampling analysis and monitoring of hazardous wastes

on and emanating from Cryovac Inc The proposal shall be

inclusive enough to provide but not necessarily be limited

to the followings

1 A detailed description of all hazardous wastes

sufficient to physically and chemically characterize

the nature and extent of hazardous wastes that are or have

been present stored andor disposed of on the subject

property

2 A detailed description of the geologic materials onJ and underlying the subject property and the affected

surrounding area sufficient to characterize vertical and

areal distribution of contaminated geologic materials

and the nature of their contamination

3 A detailed description of the hydrology underlying

the subject property and the affected surrounding area

sufficient to characterize surface and ground-water movement

and the pathways and mechanisms of contaminant transport

4 A detailed description of surface and ground-water

physical properties and chemical quality on laquond

underlying the subject property and the affected aurrounding

area sufficent to identify and characterize uncontaminated

and chemically contaminated surface and ground-water

-8shy

5 A program to determine and monitor the direction of ~~middot-

ground-water movement in all water-bearing bull~--middot in areas middot~middot ~f

affected or likely to be affected by cont~l~~tbull

that are on and that are or may have migrated from the

subject property

6 A program to sample and analyze ground and

surface water and monitoring of ground-water quality

in all water-bearing zones to detect contaminant

movement in areas affected or likely to be affected by middot

contaminants that are on and that are or may have

migrated from the subject property Any program for

monitoring shall provide for determining statistically

) significant evaluation of ground-water quality changes

7 An evaluation of the likely continued migration of

contaminants from areas determined to be contaminated

8 Any environmentally-related measurements submitted to

EPA pursuant to this ORDER ahall include technical

descriptions of sampling and analytic procedures and

procedures for quality assurance and quality control

(hereinafter bulloAQcbull) Environmentally related measureshy

menta are defined as all field and laboratory investigations

that generate data ~Ji( l~~f middot ~ middot

Respondent shall submit a Quality Aasurancmiddot~~eet Plan ~

in accordant with EPA guidance document QAMS-00580

and enaure that EPA personnel are allowed access to

the laboratory utilized by the Respondent for analyses

-9shy

of samples collected during the monitoring program In addl~ion the laboratory shall analyze samples provided

~ middot~

brAA under its Hazardous Waste Performance Evaluation

Progra

9 Chemical analyses of liquid sludge solid and

soil samples shall include analyses to identify and

quantify concentrations of EPA listed priority pollutant

constituents (hereinafter bullpriority pollutantsbull) as

well as organic inorganic and metal constituents in

accordance with EPA approved methods

Chemical analysis for priority pollutants conducted

on liquid samples analyzed shall be in accordance with

methods prescribed by EPA in 44 Fed Reg 69464-69575

December 3 1979

Chemical analyses for purgeable and extractable organic

priority pollutants conducted on sludge and soil samples

analyzed shall be in accordance with methods 624S and

625S prescribed by EPA in bullThe Analysis of Purgeable and

Municipal Wastewater Treatment Sludgebull EPA Environmental

Monitoring and Support Laboratory Cincinnatti Ohio 1983

Chemical analysis for inorganic and metal priority

pollutant constituents conducted on sludge and soil samples

analysed shall be in accordance with methods prescribed middot j infbullest Methods for Evaluating Solid Waste bull EPA sw 846 middot July 1982

Splits of any samples collected shall be provided to

j EPA at EPAs request at time of sampling Splits of

~

-10shy

samples provided shall be preserved packaged and labeled

in accordance with approved QAQC plana ~ ~

ltfbulli~ 1 10 A proposal(amp) describing plana to in9i~tlgate andor -t

middot~ implement the items set forth above shall be submitted

and shall include a proposal description and scope of

work The proposal description shall clearly and concisely

describe the problema to be addressed investigation

objectives long-range investigative approach to be

used reporting expectations and other information that

will assist with evaluation of investigation priorities

and relevance The scope of work shall describe proposed

work tasks address all issues raised in the proposal

description be technically specific and contain sufficient

detail to enable determination of investigation goals

needs direction status and schedule

Each work task described shall include where applicable

descriptions ofamp technical approachr teats measurements

sampling and analyses plannedr analytical techniques

proposedr equipment to be uaedr design and construction

of environmental monitoring aitesr data needsr QAQC

planar site safety and safety proceduresr and means and

frequ ncy of reporting to EPA t

11 A proposed schedul for the implementtion of the bull

items set forth above should be aubmitted~-middot-middotmiddotfte schedule should be such that implementation shall begin within ten

r

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

-6shy

Interrogatories with the United States District Court

on or about February 1 1983 In these An~w~ra middot bull

w R Grace Co admitted to the followint ~tivities

occurin9 on the Cryovac Inc propertya A that in October of 1973 a pit was du9 on the

Cryovac Inc property into which an estimated

10 filled or partially filled drums of accumulated

paint sludges were emptied or placed and that

constituents of the paint sludge may contain

trichloroethylene

B that trichloroethylene and products containing

111-trichloroethane and tetrachloroethylene were

purchased and stored at the Cryovac Inc property and

) c that such materials may have been disposed

of directly onto the ground at different locations

on the Cryovac Inc property

DETERMINATION

Based upon the above Findings of Fact it is hereby

determined that hazardous wastes have been atored

and disposed of at Cryovac Inc and that the

release of such wastes may have occurred and may

continue to occur and may have presented and may present

a substantial hazard to human health or the~nvironment

~

Accordingly w R Grace Co is hereby ORDERED

r

-7shy

pursuant to Section 3013 of RCRA 42 usc S6934 to

prepare and submit to EPA a proposal for the identification

sampling analysis and monitoring of hazardous wastes

on and emanating from Cryovac Inc The proposal shall be

inclusive enough to provide but not necessarily be limited

to the followings

1 A detailed description of all hazardous wastes

sufficient to physically and chemically characterize

the nature and extent of hazardous wastes that are or have

been present stored andor disposed of on the subject

property

2 A detailed description of the geologic materials onJ and underlying the subject property and the affected

surrounding area sufficient to characterize vertical and

areal distribution of contaminated geologic materials

and the nature of their contamination

3 A detailed description of the hydrology underlying

the subject property and the affected surrounding area

sufficient to characterize surface and ground-water movement

and the pathways and mechanisms of contaminant transport

4 A detailed description of surface and ground-water

physical properties and chemical quality on laquond

underlying the subject property and the affected aurrounding

area sufficent to identify and characterize uncontaminated

and chemically contaminated surface and ground-water

-8shy

5 A program to determine and monitor the direction of ~~middot-

ground-water movement in all water-bearing bull~--middot in areas middot~middot ~f

affected or likely to be affected by cont~l~~tbull

that are on and that are or may have migrated from the

subject property

6 A program to sample and analyze ground and

surface water and monitoring of ground-water quality

in all water-bearing zones to detect contaminant

movement in areas affected or likely to be affected by middot

contaminants that are on and that are or may have

migrated from the subject property Any program for

monitoring shall provide for determining statistically

) significant evaluation of ground-water quality changes

7 An evaluation of the likely continued migration of

contaminants from areas determined to be contaminated

8 Any environmentally-related measurements submitted to

EPA pursuant to this ORDER ahall include technical

descriptions of sampling and analytic procedures and

procedures for quality assurance and quality control

(hereinafter bulloAQcbull) Environmentally related measureshy

menta are defined as all field and laboratory investigations

that generate data ~Ji( l~~f middot ~ middot

Respondent shall submit a Quality Aasurancmiddot~~eet Plan ~

in accordant with EPA guidance document QAMS-00580

and enaure that EPA personnel are allowed access to

the laboratory utilized by the Respondent for analyses

-9shy

of samples collected during the monitoring program In addl~ion the laboratory shall analyze samples provided

~ middot~

brAA under its Hazardous Waste Performance Evaluation

Progra

9 Chemical analyses of liquid sludge solid and

soil samples shall include analyses to identify and

quantify concentrations of EPA listed priority pollutant

constituents (hereinafter bullpriority pollutantsbull) as

well as organic inorganic and metal constituents in

accordance with EPA approved methods

Chemical analysis for priority pollutants conducted

on liquid samples analyzed shall be in accordance with

methods prescribed by EPA in 44 Fed Reg 69464-69575

December 3 1979

Chemical analyses for purgeable and extractable organic

priority pollutants conducted on sludge and soil samples

analyzed shall be in accordance with methods 624S and

625S prescribed by EPA in bullThe Analysis of Purgeable and

Municipal Wastewater Treatment Sludgebull EPA Environmental

Monitoring and Support Laboratory Cincinnatti Ohio 1983

Chemical analysis for inorganic and metal priority

pollutant constituents conducted on sludge and soil samples

analysed shall be in accordance with methods prescribed middot j infbullest Methods for Evaluating Solid Waste bull EPA sw 846 middot July 1982

Splits of any samples collected shall be provided to

j EPA at EPAs request at time of sampling Splits of

~

-10shy

samples provided shall be preserved packaged and labeled

in accordance with approved QAQC plana ~ ~

ltfbulli~ 1 10 A proposal(amp) describing plana to in9i~tlgate andor -t

middot~ implement the items set forth above shall be submitted

and shall include a proposal description and scope of

work The proposal description shall clearly and concisely

describe the problema to be addressed investigation

objectives long-range investigative approach to be

used reporting expectations and other information that

will assist with evaluation of investigation priorities

and relevance The scope of work shall describe proposed

work tasks address all issues raised in the proposal

description be technically specific and contain sufficient

detail to enable determination of investigation goals

needs direction status and schedule

Each work task described shall include where applicable

descriptions ofamp technical approachr teats measurements

sampling and analyses plannedr analytical techniques

proposedr equipment to be uaedr design and construction

of environmental monitoring aitesr data needsr QAQC

planar site safety and safety proceduresr and means and

frequ ncy of reporting to EPA t

11 A proposed schedul for the implementtion of the bull

items set forth above should be aubmitted~-middot-middotmiddotfte schedule should be such that implementation shall begin within ten

r

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

-7shy

pursuant to Section 3013 of RCRA 42 usc S6934 to

prepare and submit to EPA a proposal for the identification

sampling analysis and monitoring of hazardous wastes

on and emanating from Cryovac Inc The proposal shall be

inclusive enough to provide but not necessarily be limited

to the followings

1 A detailed description of all hazardous wastes

sufficient to physically and chemically characterize

the nature and extent of hazardous wastes that are or have

been present stored andor disposed of on the subject

property

2 A detailed description of the geologic materials onJ and underlying the subject property and the affected

surrounding area sufficient to characterize vertical and

areal distribution of contaminated geologic materials

and the nature of their contamination

3 A detailed description of the hydrology underlying

the subject property and the affected surrounding area

sufficient to characterize surface and ground-water movement

and the pathways and mechanisms of contaminant transport

4 A detailed description of surface and ground-water

physical properties and chemical quality on laquond

underlying the subject property and the affected aurrounding

area sufficent to identify and characterize uncontaminated

and chemically contaminated surface and ground-water

-8shy

5 A program to determine and monitor the direction of ~~middot-

ground-water movement in all water-bearing bull~--middot in areas middot~middot ~f

affected or likely to be affected by cont~l~~tbull

that are on and that are or may have migrated from the

subject property

6 A program to sample and analyze ground and

surface water and monitoring of ground-water quality

in all water-bearing zones to detect contaminant

movement in areas affected or likely to be affected by middot

contaminants that are on and that are or may have

migrated from the subject property Any program for

monitoring shall provide for determining statistically

) significant evaluation of ground-water quality changes

7 An evaluation of the likely continued migration of

contaminants from areas determined to be contaminated

8 Any environmentally-related measurements submitted to

EPA pursuant to this ORDER ahall include technical

descriptions of sampling and analytic procedures and

procedures for quality assurance and quality control

(hereinafter bulloAQcbull) Environmentally related measureshy

menta are defined as all field and laboratory investigations

that generate data ~Ji( l~~f middot ~ middot

Respondent shall submit a Quality Aasurancmiddot~~eet Plan ~

in accordant with EPA guidance document QAMS-00580

and enaure that EPA personnel are allowed access to

the laboratory utilized by the Respondent for analyses

-9shy

of samples collected during the monitoring program In addl~ion the laboratory shall analyze samples provided

~ middot~

brAA under its Hazardous Waste Performance Evaluation

Progra

9 Chemical analyses of liquid sludge solid and

soil samples shall include analyses to identify and

quantify concentrations of EPA listed priority pollutant

constituents (hereinafter bullpriority pollutantsbull) as

well as organic inorganic and metal constituents in

accordance with EPA approved methods

Chemical analysis for priority pollutants conducted

on liquid samples analyzed shall be in accordance with

methods prescribed by EPA in 44 Fed Reg 69464-69575

December 3 1979

Chemical analyses for purgeable and extractable organic

priority pollutants conducted on sludge and soil samples

analyzed shall be in accordance with methods 624S and

625S prescribed by EPA in bullThe Analysis of Purgeable and

Municipal Wastewater Treatment Sludgebull EPA Environmental

Monitoring and Support Laboratory Cincinnatti Ohio 1983

Chemical analysis for inorganic and metal priority

pollutant constituents conducted on sludge and soil samples

analysed shall be in accordance with methods prescribed middot j infbullest Methods for Evaluating Solid Waste bull EPA sw 846 middot July 1982

Splits of any samples collected shall be provided to

j EPA at EPAs request at time of sampling Splits of

~

-10shy

samples provided shall be preserved packaged and labeled

in accordance with approved QAQC plana ~ ~

ltfbulli~ 1 10 A proposal(amp) describing plana to in9i~tlgate andor -t

middot~ implement the items set forth above shall be submitted

and shall include a proposal description and scope of

work The proposal description shall clearly and concisely

describe the problema to be addressed investigation

objectives long-range investigative approach to be

used reporting expectations and other information that

will assist with evaluation of investigation priorities

and relevance The scope of work shall describe proposed

work tasks address all issues raised in the proposal

description be technically specific and contain sufficient

detail to enable determination of investigation goals

needs direction status and schedule

Each work task described shall include where applicable

descriptions ofamp technical approachr teats measurements

sampling and analyses plannedr analytical techniques

proposedr equipment to be uaedr design and construction

of environmental monitoring aitesr data needsr QAQC

planar site safety and safety proceduresr and means and

frequ ncy of reporting to EPA t

11 A proposed schedul for the implementtion of the bull

items set forth above should be aubmitted~-middot-middotmiddotfte schedule should be such that implementation shall begin within ten

r

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

-8shy

5 A program to determine and monitor the direction of ~~middot-

ground-water movement in all water-bearing bull~--middot in areas middot~middot ~f

affected or likely to be affected by cont~l~~tbull

that are on and that are or may have migrated from the

subject property

6 A program to sample and analyze ground and

surface water and monitoring of ground-water quality

in all water-bearing zones to detect contaminant

movement in areas affected or likely to be affected by middot

contaminants that are on and that are or may have

migrated from the subject property Any program for

monitoring shall provide for determining statistically

) significant evaluation of ground-water quality changes

7 An evaluation of the likely continued migration of

contaminants from areas determined to be contaminated

8 Any environmentally-related measurements submitted to

EPA pursuant to this ORDER ahall include technical

descriptions of sampling and analytic procedures and

procedures for quality assurance and quality control

(hereinafter bulloAQcbull) Environmentally related measureshy

menta are defined as all field and laboratory investigations

that generate data ~Ji( l~~f middot ~ middot

Respondent shall submit a Quality Aasurancmiddot~~eet Plan ~

in accordant with EPA guidance document QAMS-00580

and enaure that EPA personnel are allowed access to

the laboratory utilized by the Respondent for analyses

-9shy

of samples collected during the monitoring program In addl~ion the laboratory shall analyze samples provided

~ middot~

brAA under its Hazardous Waste Performance Evaluation

Progra

9 Chemical analyses of liquid sludge solid and

soil samples shall include analyses to identify and

quantify concentrations of EPA listed priority pollutant

constituents (hereinafter bullpriority pollutantsbull) as

well as organic inorganic and metal constituents in

accordance with EPA approved methods

Chemical analysis for priority pollutants conducted

on liquid samples analyzed shall be in accordance with

methods prescribed by EPA in 44 Fed Reg 69464-69575

December 3 1979

Chemical analyses for purgeable and extractable organic

priority pollutants conducted on sludge and soil samples

analyzed shall be in accordance with methods 624S and

625S prescribed by EPA in bullThe Analysis of Purgeable and

Municipal Wastewater Treatment Sludgebull EPA Environmental

Monitoring and Support Laboratory Cincinnatti Ohio 1983

Chemical analysis for inorganic and metal priority

pollutant constituents conducted on sludge and soil samples

analysed shall be in accordance with methods prescribed middot j infbullest Methods for Evaluating Solid Waste bull EPA sw 846 middot July 1982

Splits of any samples collected shall be provided to

j EPA at EPAs request at time of sampling Splits of

~

-10shy

samples provided shall be preserved packaged and labeled

in accordance with approved QAQC plana ~ ~

ltfbulli~ 1 10 A proposal(amp) describing plana to in9i~tlgate andor -t

middot~ implement the items set forth above shall be submitted

and shall include a proposal description and scope of

work The proposal description shall clearly and concisely

describe the problema to be addressed investigation

objectives long-range investigative approach to be

used reporting expectations and other information that

will assist with evaluation of investigation priorities

and relevance The scope of work shall describe proposed

work tasks address all issues raised in the proposal

description be technically specific and contain sufficient

detail to enable determination of investigation goals

needs direction status and schedule

Each work task described shall include where applicable

descriptions ofamp technical approachr teats measurements

sampling and analyses plannedr analytical techniques

proposedr equipment to be uaedr design and construction

of environmental monitoring aitesr data needsr QAQC

planar site safety and safety proceduresr and means and

frequ ncy of reporting to EPA t

11 A proposed schedul for the implementtion of the bull

items set forth above should be aubmitted~-middot-middotmiddotfte schedule should be such that implementation shall begin within ten

r

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

-9shy

of samples collected during the monitoring program In addl~ion the laboratory shall analyze samples provided

~ middot~

brAA under its Hazardous Waste Performance Evaluation

Progra

9 Chemical analyses of liquid sludge solid and

soil samples shall include analyses to identify and

quantify concentrations of EPA listed priority pollutant

constituents (hereinafter bullpriority pollutantsbull) as

well as organic inorganic and metal constituents in

accordance with EPA approved methods

Chemical analysis for priority pollutants conducted

on liquid samples analyzed shall be in accordance with

methods prescribed by EPA in 44 Fed Reg 69464-69575

December 3 1979

Chemical analyses for purgeable and extractable organic

priority pollutants conducted on sludge and soil samples

analyzed shall be in accordance with methods 624S and

625S prescribed by EPA in bullThe Analysis of Purgeable and

Municipal Wastewater Treatment Sludgebull EPA Environmental

Monitoring and Support Laboratory Cincinnatti Ohio 1983

Chemical analysis for inorganic and metal priority

pollutant constituents conducted on sludge and soil samples

analysed shall be in accordance with methods prescribed middot j infbullest Methods for Evaluating Solid Waste bull EPA sw 846 middot July 1982

Splits of any samples collected shall be provided to

j EPA at EPAs request at time of sampling Splits of

~

-10shy

samples provided shall be preserved packaged and labeled

in accordance with approved QAQC plana ~ ~

ltfbulli~ 1 10 A proposal(amp) describing plana to in9i~tlgate andor -t

middot~ implement the items set forth above shall be submitted

and shall include a proposal description and scope of

work The proposal description shall clearly and concisely

describe the problema to be addressed investigation

objectives long-range investigative approach to be

used reporting expectations and other information that

will assist with evaluation of investigation priorities

and relevance The scope of work shall describe proposed

work tasks address all issues raised in the proposal

description be technically specific and contain sufficient

detail to enable determination of investigation goals

needs direction status and schedule

Each work task described shall include where applicable

descriptions ofamp technical approachr teats measurements

sampling and analyses plannedr analytical techniques

proposedr equipment to be uaedr design and construction

of environmental monitoring aitesr data needsr QAQC

planar site safety and safety proceduresr and means and

frequ ncy of reporting to EPA t

11 A proposed schedul for the implementtion of the bull

items set forth above should be aubmitted~-middot-middotmiddotfte schedule should be such that implementation shall begin within ten

r

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

~

-10shy

samples provided shall be preserved packaged and labeled

in accordance with approved QAQC plana ~ ~

ltfbulli~ 1 10 A proposal(amp) describing plana to in9i~tlgate andor -t

middot~ implement the items set forth above shall be submitted

and shall include a proposal description and scope of

work The proposal description shall clearly and concisely

describe the problema to be addressed investigation

objectives long-range investigative approach to be

used reporting expectations and other information that

will assist with evaluation of investigation priorities

and relevance The scope of work shall describe proposed

work tasks address all issues raised in the proposal

description be technically specific and contain sufficient

detail to enable determination of investigation goals

needs direction status and schedule

Each work task described shall include where applicable

descriptions ofamp technical approachr teats measurements

sampling and analyses plannedr analytical techniques

proposedr equipment to be uaedr design and construction

of environmental monitoring aitesr data needsr QAQC

planar site safety and safety proceduresr and means and

frequ ncy of reporting to EPA t

11 A proposed schedul for the implementtion of the bull

items set forth above should be aubmitted~-middot-middotmiddotfte schedule should be such that implementation shall begin within ten

r

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

-11shy

(10) days of EPA approval and shall be completed no

later than siz (6) months after work under the program f middot

commences i~f tf

~ SUBMIllAL OP PROPOSAL AND OPPORTUNITY TO CCIIPIR

The proposal ordered herein must be submitted by w R

Grace Co within 30 days of receipt of this

ORDER toa

Lauren Stiller Rikleen EsqUS Environmental Protection AgencyOffice of Regional Counsel - Room 2203JFI Federal BuildingBoston MA 02203(617)223-0400

In accordance with Section 3013(c) of RCRA 42 usc

S6934(c) you are entitled to an opportunity to

confer with EPA along with your attorney or other

representatives to present any objections or defenses

which you may have in regard to this ORDER

The holding of a conference shall not vary or extend

the 30-day time period required for the submission

of the proposal

LIABILITY

If w R Grace Co fails or refuses to comply

rl with the terms and provisions of this ORDER EPA may

middot middot= commence a civil action to require compliance andv~ ~middot bull

-middotmiddot t - middot~ middot middot~ middot bullbullbull 1 bulltmiddot to assess a civil penalty of not to exceed middotbulltS~OOO

bull

I

for ach day during which such failure or refnaal

occurs

r

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147

bull

~-middot middot middotmiddot ~

- ~

-12shy

Section 3013(d) of RCRA 42 usc S6934(d) also shy

provides that if EPA determines that W R Qrace Co11 _gt bull

) ~~~middotmiddot

is not able to conduct the activities requl~ed pursuantbull

to this ORDER in a satisfactory manner is not able

to conduct the activities contained in the approved

proposal or if actions carried out are deemed unsatisshy

factory then EPA may conduct such actions deemed

reasonable by EPA w R Grace Co may then be

ordered to reimburse EPA for the coste of such activity

pursuant to Section 3013(d) of RCRA 42 usc S6934(d)

Signed this f day of ldt-middot 1983

Regional Administrator

-_middot ~ ~ shybull 1-J

-middotmiddot~=l middot-t middotmiddot _ 1 ~ --middot

1. barcode 564147
2. barcodetext SDMS Doc ID 564147