Love Canal Superfund Site City of Niagara Falls Niagara County, New York
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Five-Year Review Report Love Canal Superfund Site City of Niagara Falls Niagara County, New York Prepared by U.S. Environmental Protection Agency September 2008 EXECUTIVE SUMMARY This is the second five-year review for the Love Canal Superfund site (Site), located in the City ofNiagara Falls, Niagara County, New York. The primary selected remedies for the Site include the following: I) containment of wastes within the Love Canal landfill (LeL) via capping, leachate collection and treatment and long-tenn operation, maintenance and monitoring (OM&M) and 2) excavation, treatment and off-site disposal ofcontamination found in surrounding properties, sewers, creeks and other wastes. Nannal residential use is allowed for properties located within Areas 4 through 7 ofthe Emergency Declaration Area (EDA), surrounding the fenced LeL. Properties in the EDA Areas 1 through 3 are suitable for commercial or light industrial use. Based upon the results of this review, the U.S. Environmental Protection Agency concludes that the remedies implemented at this Site adequately control exposures of Site contaminants to human and environmental receptors to the extent necessary for the protection ofhuman health and the environment. The continued OM&M at the Site ensures that there are no exposures of Site-related hazardous materials to human or environmental receptors. II Five-Year Review Summary Form Site name (from WasteLAN): love Canal EPA 10 (from WasteLAN): NYD000606947 NPL status: 0 Final • Deleted 0 Other (specify) Remediation status (choose all that apply): 0 Under Construction. Constructed • Operating Multiple OUs?o • YES 0 NO Construction completion date: 09129/1999 Are portions of the site andlor investigated adjacent properties in use or suitable for reuse? • YES 0 NO 0 NfA (site involves groundwater plume and not real property) Lead agency: _ EPA 0 Stale 0 Tribe 0 Other Federal Agency Author name: Damian Duda Author title: Remedial Project Author affiliation: EPA Manager Review period:·' 09/3012003 to 09/3012008 Date of site inspection: April 16, 2008 Type of review: 0 Post-SARA • Pre-SARA 0 NPL-Removal only o Non-NPl Remedial Action Site 0 NPl StatelTribe-lead 0 Regional Discretion Review number: 0 1 (first) • 2 (second) 0 3 (third) 0 Other (specify) Triggering action: 0 Actual RA Onsite Construction at OU #__ 0 Actual RA Start at OU#__ 0 Construction Completion. Previous Five-Year Review Report 0 Other (specify) Triggering action date (from WasteLANj: 09/30/2003 Is the site protective of public health? • yes 0 no 0 not yet determined Does the report include recommendation(s) and follow-up action(s)? 0 yes • no 0 not yet determined Is human exposure under control? • yes 0 no 0 not yet determined Is contaminated groundwater under control? • yes 0 no 0 not yet determined Is the remedy protective of the environment? • yes 0 no 0 not yet determined • rOU· refers to operable unit.) .. [Review period should correspond to the actual start and end dates of the Five-Year Review in WasteLAN.) III Five-Year Review Summary Form (continued) Issues, Recommendations and Follow-Up Actions The remedies have been implemented and are functioning as intended by the Site decision documents. There are no additional actions required. The ongoing operations, maintenance and monitoring (OM&M) program is part of the selected remedy. As expected by the decision documents, the OM&M activities are sUbject to routine modifications and/or adjustments. This report does include a suggestion for decommissioning some of the Site's monitoring wells (see Table 4). There are no recommendations or follOW-Up actions necessary to protect public health or the environment. Protectiveness Statement The implemented remedies for the Love Canal Superfund site protect human health and the environment. There are no exposure pathways that could result in unacceptable risks and none expected as long as Site property uses remain consistent with the Site's engineered, access and institutional controls that are properly operated, monitored and maintained. IV LIST OF IMPORTANT ACRONYMS CDC Centers for Disease Control CNF City ofNiagara Falls CERCLA Comprehensive Environmental Response, Compensation, and Liability Act DHHS U.S. Department of Health and Human Services OM EPA 1982 Decision Memorandum DOr U.S. Department ofthe Interior EDA Emergency Declaration Area EMS 1982 Environmental Monitoring at Love Canal Study ESO Explanation ofSignificant Differences EPA U.S. Environmental Protection Agency FCOR FinaI Close Out Report FEMA Federal Emergency Management Agency GSHI Gleoo Springs Holding, Inc. HD NYSDOH Decision on Habitability of the EDA LTMP Long-Term Monitoring Program LC Love Canal LCARA Love Canal Area Revitalization Agency LCHS 1988 Love Canal EDA Habitability Study LCL.. Love Canal Landfill LCTF Love Canal Leachate Collection and Treatment Facility MATA Maintenance and Technical Assistance Cooperative Agreement NAPL Non-Aqueous Phase Liquid NFBE Niagara Falls Board of Education NOAA National Oceanic and Atmospheric Administration NPL National Priorities List NYS New York State NYSDEC New York State Department of Environmental Conservation NYSDOH New York State Department of Health O&M Operation and Maintenance OM&M Operations. Maintenance and Monitoring OCC Occidental Chemical Corporation ORD Office ofResearch and Development PACA. Property Acquisition Cooperative Agreement PCD 1989 Partial Consent Decree PCOR Preliminary Close-Out Report PRP Potentially Responsible Party RAR Remedial Action Report RPM Remedial Project Manager ROD Record of Decision SARA Superfund Amendments and Reauthorization Act TRC Love Canal Technical Review Committee v TABLE OF CONTENTS T. Introduction 1 II. Site Chronology 2 III. Background 4 Site Location and Physical Descriptions .4 History of Contamination 4 Initial Response 5 Basis for Taking Action 6 EDA Habitability, Property Acquisition and Maintenance and Technical Assistance 7 Records of Decision Findings 8 IV. Remedial Actions 10 Improvements to the Containment System 10 Removal ofContaminated Creek and Sewer Sediments 10 Short-Term Remedial Projects 11 Interim Storage and Treatment/Disposal ofCreek and Sewer Sediments and Other Love Canal Waste Materials II Excavation and Off-site Disposal ofContaminated Soils at the 93 rd Street School Site.. 12 V. Operation, Maintenance and Monitoring 12 VI. Progress Since Last Five-Year Review 14 VII. Five-Year Review 15 Review Process 15 COmnlunity Involvement 15 Document Review 15 Monitoring and Data Review 15 Site Inspection 16 Institutional Controls 17 VII. Technical Assessment 18 Question A: Is the remedy functioning as intended by the decision documents? 18 Question B: Are the exposure assumptions. toxicity data, cleanup levels, and remedial action objectives used at the time ofthe remedy still valid? 18 Soils 18 Groundwater 19 Vapor Intrusion 19 Question C: Has any other information come to light that could call into question the protectiveness ofthe remedy? 20 VllI. Technical Assessment Summary 20 IX. Recommendations and Follow-up Actions 20 X. Protectiveness Statement 20 Xl. Next Five-Year Review 21 APPENDIX A- TABLES iii APPENDIX B- FIGURES .iv APPENDIX C- REFERENCES v VI u.s. Environmental Protection Agency Region II Emergency and Remedial Response Division Five-Year Review Love Canal Superfund Site City ofNiagara Falls, Niagara County, New York I. Introduction This is the second five-year review for the Love Canal Superfund site (Site), located in the City of Niagara Falls, Niagara County, New York. The primary selected remedies for the Site include the following: 1) containment of wastes within the Love Canal landfill (LCL) via capping, leachate collection and treatment and long-term operation, maintenance and monitoring (OM&M) and 2) excavation, treatment and off-site disposal of contamination found in surrounding properties, sewers, creeks and other Love Canal wastes. Nonna! residential use is allowed for properties located within Areas 4 through 7 of the Emergency Declaration Area (EDA) surrounding the fenced LCL. Properties in the EDA Areas I through 3 r~ remediati"R-l~eRtiaHlse. 'Ire '>~, Ic.6k-loa MJ,-~.W{.5tif ,;rcUfA<.fl<-/Jl'. This review was conducted by Damian Duda, the U.S. Environmental Protection Agency (EPA) Region II, Remedial Project Manager (RPM) for the Site. A five-year review is required at this Site because hazardous substances, pollutants or contaminants remain at the Site above levels that do not allow for unlimited use and umestricted exposure. It is the policy ofEPA to conduct five-year reviews of pre-SARA remedies which result in hazardous substances remaining on-site. The containment ofthe LCL was a pre-SARA decision. The purpose of a five-year review is to ensure that the implemented remedies protect human health and the environment and that they function as intended by the Site decision documents. This report will become part ofthe Site file. This review covers the period from September 30, 2003 to September 30, 2008. The trigger for this five-year review is the signature date ofthe last five-year review. The lead agency for this review is EPA Region II. II. Site Chronology Chronology ofSite Events Event Date President Carter issued the first Emergency Declaration at the Love Canal August 1978 landfill (LCL). Construction ofthe LC leachate collection system and treatment facility October 1978 . (LCTF) December 1979 President Carter issued the second Emergency Declaration at the LCL. May 1980 The Emergency Declaration Area (EDA) surrounding the LCL was established.