UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 1650 Arch street Philadelphia, Pennsylvania 19103-2029

SUBJECT: Request for Funding for a Removal Action at the Dwyer Property Groundwater Plume NPL Site in Elkton, Cecil County, MD

FROM: Eugene Dennis, On-Scene Coordinate!' n n Eastern Response Branch (3HS31) (_,_, J ~

TO: Bonnie G. Gross, Associate Director Office of Preparedness and Response Hazardous Site Cleanup Division (3HS30)

I. PURPOSE

The purpose of this Action Memorandum is to request and document approval for a Removal Action to mitigate the release or threatened release of hazardous substances at the Dwyer Property Groundwater Plume NPL Site (Site) in Elkton, Cecil County, Maryland. The removal action is planned for a portion of the 73 -acre Dwyer Property. EPA conducted a Removal Site Evaluation (RSE) at the Site in accordance with Section 300.410 of the National Contingency Plan (NCP), and identified a release of hazardous substances, notably lead and arsenic, into the environment. Based upon information obtained from the RSE and a review of that information by the On-Scene Coordinator (OSC), a Removal Action is necessary to mitigate threats posed by the release and/or substantial threat of release of hazardous substances from the Site and to protect public health, welfare and/or the environment. Such actions will be coordinated with the Remedial Project Manager (RPM) and are recommended in advance of the completion of proposed remedial investigations and remedial actions that will ultimately address Site threats outside the acceptable risk range.

To mitigate the threat, Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) funding in the amount of$179,000 is requested of which $109,000 is from the Regional Allowance.

II. SITE DESCRIPTION AND BACKGROUND

A. Site Description

The Site is located within the city of Elkton, Cecil County, Maryland, immediately northeast of the intersection of Maryland Route 545/Blue Ball Road and Maryland Route 279/Newark Avenue. The lateral extent of the Dwyer Property Groundwater Plume NPL Site

AR300001 has not yet been determined, but currently it consists mainly of the Dwyer Property and some surrounding area. The total area of the proposed removal action is approximately 0.5 acres, situated within the 73-acre Dwyer Property. The geographical coordinates of the approximate center of the Dwyer Property are 39.613805 north latitude and -75.845940 west longitude.

The majority of the Site is undeveloped, mostly forest land. Land use adjacent to the Site is undeveloped to the north; residential and commercial to the east; commercial, industrial, and agricultural to the south; and industrial to the west. Dogwood Run flows to the southwest along the western portion of the Site into Little Elk Creek. The Rudy Park Public Housing Project and associated recreational area (playground) are located adjacent to the southeast boundary of the Site. Maryland Route 279/Newark Ave. borders to the south, while Maryland Route 545/Blue Ball Road borders to the west. A Site layout map is shown in Figure 1.

B. Site Background

Based on elevated concentrations of trichloroethylene (TCE), trans-1 ,-2-dichloroethene (DCE) and tetrachloroethene (PCE) in the groundwater, and the proximity to the Rudy Park Public Housing Project, the EPA Region III Superfund Remedial Program requested assistance from the EPA Region III Removal Program. Of most concern was the potential for soil gas contaminated with volatile organic compounds (VOCs) to enter the homes at the Rudy Park Housing Project. From November 8 to November 11 , 20 11 the removal program, along with EPA START contractor personnel, performed a Removal Site Evaluation (RSE) at the Site. The RSE consisted of the following activities: the installation and sampling of five temporary groundwater monitoring wells; existing groundwater well sampling; the collection of nine residential well samples; surface soil sampling at the playground area within the Rudy Park Public Housing Project; and installation of temporary soil gas piezometers at the Rudy Park Public Housing Project. The residential well and Rudy Park sampling locations are identified in Figures 2 and 3, respectively.

The results of the soil sampling discussed above did not reveal any VOCs above the applicable screening levels in any of the five temporary monitoring wells. Also, none of the nine residential well samples had concentrations above applicable EPA maximum contaminant levels promulgated pursuant to the Safe Drinking Water Act (MCLs) for VOCs, semi-volatile organic compounds (SVOCs), pesticides or polychlorinated biphenyls (PCBs). The results of the surface soil samples collected from the playground area did not exceed the Regional Screening Levels (RSLs) for VOCs, SVOCs, pesticides or PCBs. Finally, no VOCs were detected above the RSLs in the results of the soil gas samples collected from the Rudy Park Housing Project. The sampling results of the existing monitoring well indicated elevated concentrations of trichloroethene up to 11 ,000 parts per billion (ppb). The EPA, in its RSE, recommended that this well be sampled periodically to monitor groundwater contamination levels. The Maryland Department of the Environment (MDE) concurred in this recommendation.

During the RSE, three areas of concern were observed on the Site. One area consists of a Collapsed Building of uncertain purpose where small waste piles of unknown substances were scattered about the ground surface. The Collapsed Building Area is located in the southeastern

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AR300002 portion of the Site, adjacent to the Rudy Park Housing Project. A second area of concern is the Abandoned Drum Area located in the northwestern portion of the Site, near Dogwood Run, where up to seven deteriorated 55 gallon drums were observed on the ground surface. The contents of the drums consist of solidified unknown substances. A third area of concern consists of a suspected Former Dump Area defined by a map provided by (MDE) personnel familiar with the Site. All three areas of concern are identified in Figure 4.

On May 22, 2012, EPA START contractor personnel, EPA personnel and MDE personnel mobilized to the Site to conduct waste/soil sampling activities. During this time eleven waste samples (three waste samples and one duplicate from the Collapsed Building Area, and seven waste samples from the drum area) were collected. Of the three samples collected from the building area, the results of one sample (WA03, unknown red material and soil) contained arsenic at a concentration of 26,100 milligrams per kilogram (mg/kg). This same sample also contained benzene at a concentration above the RSL. Sample results from the drum area detected lead at concentrations of 20,800 mg/kg, 7,260 mg/kg, 87,700 mg/kg, 30,800 mg/kg, 916 mg/kg and 8,210 mg/kg in samples W A05 , WA06, WA08, W A09, WAl O and WAll, respectively.

From November 26 to November 28, 2012, EPA START contractor personnel conducted geophysical investigation activities at the Site. The Area of Investigation (AOI) for these activities encompasses the Former Dump Area (see Figure 4). The activities performed during the investigation consisted of UXO surface avoidance to identify and mark surficial metallic objects and an electromagnetic (EM) survey on the subsurface. The results of these geophysical investigations indicated that UXO or ordnance was not identified on the ground surface within the AOL Numerous ferrous objects were identified, but all were related to trash and associated dumping. The EM survey results indicated that terrain conductivity measurements vary throughout the AOI, confirming the presence of metallic debris in the subsurface, varying soil types and moisture conditions. Twenty one discrete anomalies were detected in the AOI, which are most likely associated with scattered occurrences of shallow buried metal or metallic surface debris.

On March 9, 2016, EPA START contractor personnel and EPA personnel conducted waste/soil sampling activities at the Site. MDE personnel were present and observed the activities. Honeywell International, Inc. (Honeywell) (the Potentially Responsible Party conducting the Site Remedial Investigation and Feasibility Study), and its contractors split samples from the locations where EPA collected samples. Samples were once again collected from the Collapsed Building Area and from the drum area. Of the ten samples EPA collected from the Collapsed Building Area, two samples (SS-007 and SS-008) contained arsenic at concentrations of 11 ,000 mg/kg and 39,000 mg/kg respectively. These concentrations are similar to the concentrations found in samples collected in the same general area during the 2012 sampling event. Sample results from the drum area detected lead at concentrations of 31 ,500 mg/kg, 7,050 mg/kg, 4,350 mg/kg and 3,400 mg/kg in samples SS-020, SS-018, SS-017 and SS- 019, respectively. The analytical results from the split samples collected by Honeywell's contractor were not available.

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AR300003 C. Quantities and Types of Substances Present

The RSE revealed elevated concentrations of arsenic and lead in waste materials and surface soil at the Site. Lead and arsenic are hazardous substances as defined in Section 101 ( 14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. § 9601(14) and are listed as such in 40 C.F.R. § 302.4. The concentrations of lead and arsenic in soils detected by EPA are significantly higher than EPA' s Removal Management Levels (RML) of 400 mg/kg and 68 mg/kg, respectively, for those contaminants. EPA estimates that, based on analytical results, there are approximately 300 cubic yards of contaminated soil and waste materials at the Site.

D. State and Local Authorities

EPA has been coordinating with the State regarding assessment activities and proposed actions at the Site. MDE indicated that they do not currently have the resources available to address contamination at the Site. No other State or local authorities have indicated the availability of resources to address the threat of release or to conduct a Removal Action in a timely manner at the Site. MDE has indicated that it agrees with EPA's proposed action at the Site.

Ill. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT

Section 300.415 of the NCP lists the factors to be considered in determining the appropriateness of a Removal Action. Paragraphs (b) (2) (i) and (vii) of Section 300.415 directly apply as fo llows to the conditions as they exist at the Site.

A. § 300.415 (b) (2) (i) "Actual or potential exposure to nearby human populations, animals, or the food chain from hazardous substances or pollutants or contaminants"

Lead and arsenic are hazardous substances and are present in the waste materials, associated soils, and deteriorated drums containing unknown substances. According to EPA, concentrations of lead and arsenic in excess of approximately 400 mg/kg and 68 mg/kg, respectively, in the soil subject to industrial use may pose unacceptable cancer risk (e.g., greater than 1x10-4 excess cancer risk). Trespassers can access the Site through holes in the fence around the Dwyer Property and could be exposed to contaminated soil. Furthermore, evidence of squatters occupying certain areas of the Site have been observed.

B. § 300.415 (b) (2) (vii) "The availability of other appropriate federal or state response mechanisms to respond to the release".

MDE recently indicated that it did not have the resources to address the Site. The Site is on the NPL. EPA is the designated lead agency responsible fo r response actions.

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AR300004 IV. ENDANGERMENT DETERMINATION

Threatened releases of hazardous substances or pollutants or contaminants from this Site, if not addressed by implementing the response actions outlined in this Action Memorandum, may present an imminent and substantial endangerment to the public health, welfare or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

The actions proposed in this Funding Request are intended to remove certain source areas (e.g., waste and drums) and high concentrations of certain hazardous substances (predominantly inorganic elements) in soils at the Site in order to minimize exposure to, and migration of hazardous substances from the Site. The Removal Action will not result in the complete removal of hazardous substances from the Site. Instead, the Removal Action focuses on high concentrations of inorganic elements (and the SVOCs found commingled with the waste) which are at or near the surface. Post-Removal Site Controls are not required at this time since the Site is still undergoing EPA investigation and remedy selection activities under the NPL process.

The OSC and RPM believe that the actions proposed herein will address the immediate threats by hazardous substances in the source areas identified by focusing the Removal Action primarily on the substances present at levels significantly above EPA Region 3 Regional Screening Levels.

A. Proposed Actions

1. Mobilize personnel/equipment to/from the Site;

2. Establish Command Post and support facilities;

3. Provide for safety of public during non-working hours by securing the hazardous substances from the public using covers, fencing, and/or caution tape. If deemed necessary, a security gate will be installed at the Site access road located on North Bridge Street;

4. Remove debris and vegetation impeding the implementation of the Removal Action;

5. Prepare and maintain temporary storage for hazardous substance generated during the Removal Action;

6. Locate and remove deteriorated drums, waste materials and impacted surrounding soils (with concentrations exceeding RMLs of 400 mg/kg for lead and 68 mg/kg for arsenic discussed above) from the Collapsed Building Area and the Deteriorated Drum Area defined during the RSE (see Figure 4);

7. Sample and consolidate or otherwise prepare the soil, drums and waste materials

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AR300005 removed for appropriate off-Site disposal in accordance with # 8, below;

8. Dispose off-Site the hazardous substances (e.g., drums, waste materials and contaminated soils) identified in # 6 above, and other waste associated with the Removal Action, in accordance with CERCLA §121(d)(3) and 40 CFR § 300.440;

9. Conduct soil sampling at excavated areas for purposes of confirming that the cleanup standards have been met; and

10. Backfill the excavated areas, as necessary, with clean soil, and level to appropriate grade.

B. Contribution to Remedial Performance

The proposed Removal Action is not expected to be inconsistent with or hinder any Remedial Actions at the Site and will contribute to the efficient performance of any long-term Remedial Action. The Remedial Action for the Site has not yet been selected. The proposed Removal Action will address ongoing and direct releases of hazardous substances into the environment.

C. Compliance with ARARs

The proposed Removal Action will comply with Federal and State Applicable or Relevant and Appropriate Requirements (ARARs) to the extent practicable considering the exigencies of the situation.

All federal and state ARARs will be considered during this Removal Action. MDE has provided EPA with ARARs by email on May 26, 2016.

D. Estimated Costs

Extramural Costs Regional Allowance Costs (This cost category includes estimates for ERRS contractors, subcontractors, letter contracts, orders for services, notices to proceed, alternative technology contracts, and inter-agency agreements with other Federal Agencies) $ 109,000 Other Extramural Costs Not Funded from the Regional Allowance $ 40,000 ST ART Contractor Subtotal, Extramural Costs $ 149,000 Extramural Costs Contingency $ 30,000 (20% of Subtotal, Extramural Costs)

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AR300006 I TOTAL REMOVAL ACTION PROJECT CEILING I $ 179,000 VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN

If the actions described in this Action Memorandum are not conducted, the release and/or threat ofrelease of hazardous substances or pollutants or contaminants will continue to exist at the Site. Without immediate actions to mitigate the release and potential release of hazardous substances or pollutants or contaminants at the Site, potential threats posed to human and ecological receptors may increase.

The OSC has coordinated with MDE officials regarding the actions anticipated at the Site. MDE is in agreement with EPA's decision to take an action at this Site.

VII. OUTSTANDING POLICY ISSUES

There are no outstanding policy issues pertaining to the Dwyer Property Groundwater Plume Site.

VIII. ENFORCEMENT STATUS

The OSC has provided the EPA Cost Recovery Branch with information available to pursue any and all enforcement actions pertaining to the Dwyer Property Groundwater Plume Site. See attached Confidential Enforcement Addendum.

The total cumulative EPA costs for this Removal Action, based on full cost accounting practices that will be eligible for cost recovery are estimated below as:

Direct Extramural Cost: $ 179,000 Direct Intramural Costs: $ 20,000 Sub-Total $ 199,000 Indirect Costs ( 11 2.98% of above) $ 224,830 Estimated EPA Costs for the Removal Action: $ 423,830

The total EPA costs for this Removal Action based on full-cost accounting practices that will be 1 eligible for cost recovery are estimated to be $423,830 •

1 Direct Costs include direct extramural 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.

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AR300007 IX. RECOMMENDATION

This Action Memorandum represents the selected Removal Action for the Dwyer Property Groundwater Plume NPL Site in Elkton, Cecil County, Maryland, developed in accordance with CERCLA, as amended, and is not inconsistent with the NCP. This decision is based on the Administrative Record fo r the Site.

By signing this Action Memorandum, you are also hereby establishing the documents listed below as the Administrative Record supporting the issuance of this Action Memorandum, pursuant to Section 113 (k) of CERCLA and EPA Delegation No. 14-2.

1. Trip Report: Removal Site Evaluation, August 31, 2012 2. Trip Report: Waste Sampling, February 11, 2013 3. Trip Report: Geophysical investigation, March 26, 2014 4. Trip Report: Soil/Waste Sampling, June 16, 2016 5. Trip Report: Dwyer Property Groundwater Site, April 27, 2016

Because conditions at the Dwyer Property Groundwater Plume NPL Site meet the Removal Action requirements of the NCP, I recommend your approval of the proposed Removal Action. The total Removal Action Project Ceiling, if approved, will be $179,000. Of this, an estimated $109,000 comes from the Regional Removal Allowance. Please indicate your approval or disapproval below.

Action by the Approving Official:

I have reviewed the above-stated facts and based upon those facts and the information compiled in the documents described above, I hereby determine that the release or threatened release of hazardous substances at and/or from the Site presents or may present an imminent and substantial endangerment to the public health or welfare or to the environment. I concur with the recommended removal action as outlined.

APPROVED: ~ i., ~ "" Bonnie Gross, AssociateOirector Office of Preparedness and Response Hazardous Site Cleanup Division EPA Region 3

ATTACHMENT: Enforcement Confidential Memo Figures 1-4

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AR300008 Data Sovrces· Dwyer Property Groundwater Site Basemap· o,g~ized data from EPA ln,t,al Proposed Stream Residential Well Sample Locahons Elkton, Cecil County, Maryland Imagery· &ng Imagery Sen,,ce c:J Dwyer Property Boundary Rudy Park Recreational Area Coordinate System. C WGS_ 1984_Web_Mercator_Avx,hary Sphere Figure 1 C Rudy Park Development Pro,ect,on Metcator_Avxiliary_Sphero Site Layout Map GCS_WGS_ 1984 08/vm D_WGS_1984

375 75C _\ Prepared: 6/16/2016 N Fut

I' AR300009 Legend Data Sources Dwyer Property Groundwater Site Basemap Orgd,zed cfata from EPA fn,~at Proposed Elkton, Cecil County. Maryland ® Residential Well Sample Location Residential Wet/ Sample LocaMns Imagery B,ng Imagery SeMce Stream Coorctmate System c:J Dwyer Property Boundary WGS_ 1984_Weo_Mercator_Aux,hary_Sphere Figure 2 Projection: Mercator_Auxi hary_ Sphere C Rudy Park Recreational Area Residential Well Location Map GCS WGS 1984 C Rudy Park Development Dalum· D_WGS_1984

31S 750 Prepared: 6/16/2016

AR300010 Legend Sample Points ® Monitoring Well (MW) Soil Gas (SG) X Surface Soil (SS)

Data Soun:es Basemap Dtg1t1zed data from Weston held observations Imagery· 8mg Imagery Serv,oe

Coo,d,nate System WGS_ 1984_ Web_Mercator_Aux,hary_Sphere Protection Mercator_Auxltary_Sphere

GCS_1,1,GS_ t984 Datum· D_WGS_ 1984 J ,os 210 N ....

Dwyer Property Groundwater Site Elkton, Cecil County, Maryland

Figure 3 Rudy Park Sample Location Map

Prepared 6/1612016 ~ AR300011 Legend Data Sources Dwyer Property Groundwater Site Basemap Dtg~11ed data from EPA /n,t1al Proposed Elkton, Cecil County, Maryland 8 Removal Areas Residential Well Sample Locations Imagery Bmg Imagery SeMce Stream Coordinate System CJ Dwyer Property Boundary WGS_ 1984_Web_Mercator_Aw11fiary_Sphere Figure 4 Proiect1on Mercator_Aux,Nary_ Sphere C Rudy Park Recreational Area Areas of Concern GCS WGS 1984 [ Rudy Park Development Datum D_WG$_1984

)00 - Geophysical Investigation Area Prepared: 6/16/2016

AR300012