SFUND RECORDS CTR 2162820
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S ^^M^V^ -Z. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY % ^SM- " REGION IX \^"*^NOw ^ 75 Hawthorne Street ^^PRo^^^ San Francisco, CA 94105
MEMORANDUM 'JUL 1 1 2008
SUBJECT: Request for a Time-Critical Removal Action at Goldome Mill, Mojave National Preserve, San Bernardino County, California
FROM: Craig Benson, On-Scene Coordinator Ertiergency Response Section (SFD-9-2)
TO: Daniel Meer, Chief Response, Planning & Assessment Branch (SFD-9)
THROUGH: Steve Calanog, Acting Chief ^'^^^^ Emergency Response Section (SFD-9-2)
I. PURPOSE
The purpose of this Action Memorandum is to obtain approval to spend up to $264,000.00 in direct costs to mitigate threats to human health and the environment posed by uncontrolled hazardous substances (cyanide, ignitable materials, corrosive liquids and solids and metal bearing wastes) present at the Goldome Mill (the "Site"). The Site is located near Ivanpah Road, approximately nine miles west of the Nevada/California state line, in San Bernardino County, California. The proposed removal of hazardous substances would be taken pursuant to Section 104(a)(1) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9604(a)(1), and Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"), 40 C.F.R. § 300.415.
II. SITE CONDITIONS AND BACKGROUND
Site Status: Non-NPL Category of Removal: Time-Critical CERCLIS ID: assignment pending AM approval SITE ID: assignment pending AM approval
A, Site Description
1. Physical location The 40-acre Site is situated on patented private land within the Mojave National Preserve on the western slope of the New York Mountains located on the eastern edge of the Ivanpah Valley. The Site is accessed from an unnamed and unpaved road branching north from Ivanpah Road, approximately twelve miles south of the intersection of Ivanpah Road and Nipton Road in eastern San Bernardino County, California.
The San Bernardino County Assessor (SBCA) Parcel Number is 0569-201- 06-0000, known as Heavy Metals Millsites Nos. 1 - 8, designated as Mineral Survey No. 6785, embracing a portion of Section 4 of Township 14 North, Range 16 East, San Bernardino Meridian in the County of San Bernardino, State of California. The coordinates of the Site are N 35° 19' 45.26", W 115° 15' 45.28". See Figure 1 for a Site Location Map.
The boundaries of the 40 acre Site are irregular and some abandoned wastes and equipment may be located on adjoining patented mine claims under different ownership. The northwesterly Site tailings pond may also be partially located on ^ National Park Service (NPS) property. NFS Environmental Protection Specialist Dave Burdett provided OSC Benson with an overlay produced by NPS GIS specialists using data from a survey-grade GPS unit at mining monuments located at the corners of the claims. See Figure 2 for the NPS Overlay. Private Property #1 depicted in Figure 2 is a revised boundary depiction of the Site as shown in Figure 1 (APN 0569-201-06). The overlay that is labeled as Private Property #2 consists of two parcels (APN 0569-201-03 and -04 in Figure 1) that are currently owned by Leland Reeder of Beverly Hills, California.
2. Site characteristics
The Site houses an inoperable hard rock precious metals processing and extraction facility that processed ore from area mines. The Site consists of two main structures, the laboratory/refinery building and mill building, as well as an ore crushing/conveying circuit and screening plant which fed the mill. Also present at the Site are numerous above ground storage tanks (ASTs), tailings ponds, sheds, drums and other containers, abandoned vehicles, debris and other unit processes associated with extraction and tailings processing. See Figure 3 for a Site Map.
The exact periods of operation and termination of ore processing activities on- Site are not clear. On June 26, 2008, EPA Civil Investigator John Jaros met on-site with a local area resident who stated that the last time the mill was operated may have been around 1992. Currently, there is a dispute between National Gold, Inc. and Unicorp Financial Corporation as to who legally holds title to the real property that comprises the Site.
The Site is unfenced and accessible to the public from all approaches.
3. Removal site evaluation The Site was referred to EPA by the San Bernardino County Fire Department (SBCoFD) Hazardous Materials Division. On May 28, 2008, OSCs Craig Benson and Jason Musante participated in a walk-through inspection with SBCoFD Hazardous Materials Specialist Greg Zeigler and NPS Specialist Burdette.
The team found no fencing or attempt at stopping unknowing or unauthorized entry to the buildings or property. A shed and a multi-modal storage container were found open and in a rundown condition. The approximate 30,000 square foot 2- story mill building contained dozens of scattered drums and smaller containers of abandoned wastes, several ASTs, a conveyance system leading to an 8 x12 foot ball mill, three banks of six flotation cells, remnants of filter presses and other unidentified unit processes and heavily vandalized mechanical, electrical and control rooms and equipment. Some drums and containers bore marks and/or labels indicating various acids, flammable materials, caustics and other reagent chemicals.
The team also discovered newer drums and containers of wastes in the mill building that were not present on the Site during a previous SBCoFD inspection in October 2007. These included containers of hydrochloric acid, iodine solution, acetone, nitric acid, and drums with unknown contents. A heating element with a 5- gallon propane cylinder connectPon and other equipment in proximity to the new hydrochloric acid and iodine containers suggests possible use in illicit drug manufacturing.
Numerous drums and containers were found staged in outside areas and in a multi-modal container near the mill building. Some were labeled as containing hydrochloric acid, flammable liquids, oil and sodium cyanide. An open cyanide labeled drum inside the multi-modal container was confirmed to contain an elevated cyanide concentration from a past SBCoFD sampling and analysis event. Several newer and unmarked full poly 55-gallons drums with unknown contents were also located.
A tank farm with four approximately 30,000 gallon ASTs and associated clarifiers and other unidentified process vessels is located outside along the western side of the mill building. An inspection from the elevated cat walk suggests that these tanks are generally empty or contain only a small residual from former processing operations.
The laboratory/refinery building generally contained only debris and broken equipment. Transformer carcasses were observed adjacent to the laboratory building and the soil around and down gradient of the transformers appeared stained. These transformers had apparently been vandalized for copper/nrietal theft and left empty of their sides.
Piles of what appeared to be activated charcoal, lime and a burn pit/pile exist approximately 400 feet east of the mill building in the area of the ore feeder bin. Drums filled with rock and drums of unidentified solid material are also present in this area. Approximately 1,000 feet north of the mill building is a bone yard of broken down equipment, automobiles and scrap piles. Over twenty 55-gallon drums and over one hundred and fifty 5-gallon buckets of tar like resin solutions were also located. Marks on many of these drums indicated the resin solution had a flash point between 73 and 100 degrees Fahrenheit. All of these drums and buckets were in extremely poor condition and many were actively leaking their contents to the ground.
In the past, power to the mill was provided by a private power supply line which is no longer in use, although evidence of the old power line/poles can be seen from the Site. The entire Site appeared abandoned and process equipment was aged, rusted and inoperable. Doors to all buildings, and storage areas were either open or non-existent and vandalism and trespass was evident throughout the property. Based on the presence of abandoned hazardous substances and wastes and observed Site conditions, SBCoFD Specialist Zeigler submitted a formal Request for Federal Action to OSC Benson. OSC Benson agreed to return to the Site to conduct a more thorough removal site assessment.
EPA received a verbal license for access from Jim Barrus, the CEO of National Gold, Inc., and OSCs Benson and Musante returned to the Site on June 5, 2008 with members of the Superfund Technical Assessment and Response Team (START) contractor. Also present was Deputy Ryan Smith of the San Bernardino County Sheriffs Office (SBCoSO). Deputy Smith was requested to accompany the team for security purposes and to be familiarized with the Site. The SBCoSO maintains law enforcement jurisdiction for private mill and mine sites within the Mojave National Preserve. Deputy Smith confirmed that the Sheriffs Narcotics Division had visited the Site the previous day and were unable to locate an actual drug lab in the surrounding area. The suspected drug |ab reagents and equipment were left on-site to be handled by EPA.
The START implemented an approved Emergency Response Quality Assurance Sampling Plan and collected 17 samples from select containers, stained soil areas, waste piles and tailings. The samples were submitted to an approved off- site laboratory for EPA-approved analysis of select Resource Conservation and Recovery Act (RCRA) hazardous waste characteristic constituents/properties. Limited field chemistry testing verified the presence of corrosive and cyanide bearing wastes in decayed and compromised non-bulk containers.
A draft inventory of encountered drums, containers, and transformer carcasses is included as Appendix 1. This draft inventory does not include larger tanks at the Site or possible soil contamination associated with tailings and spill areas. There may be additional chemical containers and an undetermined volume of contaminated sludge, "soils and equipment awaiting full inventory and characterization. Fuil disclosure of the character and volume of all hazardous substances will only be possible during subsequent removal activities conducted under the necessary health and safety program elements During the June 5, 2008 assessment, EPA encountered two individuals who had accessed the laboratory/refinery building. When questioned, they stated that they were working toward establishing some type of business arrangement with the property owner who they understood to be Marvin Rosenblum of Unicorp Financial Corporation. Within 30 minutes of their departure, OSC Benson received a call from New York based Daniel Zimmerman who introduced himself as the President and General Council for Goldome Capital and it's subsidiary, Unicorp Financial Corporation, which he claims owns the Site property. OSC Benson provided a summary of EPA's activities and used the opportunity to give Mr. Zimmerman a verbal general notice of CERCLA liability before referring him to ORC Attorney Andrew Helmlinger. On June 5, 2008, Mr. Zimmerman verbally agreed to EPA's access to the Site during his conversation with ORC Attorney Helmlinger.
On June 27, 2008 OSC Benson returned to the Site with START and an Emergency and Rapid Response Services (ERRS) contract Response Manager. The team performed a job walk for the purposes of removal scope-of-work planning and cost estimating. In addition, the START collected three additional samples to supplement the June 5, 2008 sampling event.
4. Release or threatened release Into the environment of a hazardous substance, or pollutant or contaminant
The objective of the June 2008 EPA sampling event was to obtain a preliminary analytical data set meeting EPA Quality System guidelines that is representative of current Site conditions and that could be used to identify key hazardous substances of interest for project health and safety needs and future waste profiling purposes Field testing and preliminary laboratory analytical data confirmed the presence of corrosive wastes, high concentration cyanide wastes, ignitable wastes and heavy metal contaminated waste streams. The Table below provides a brief summary of key analytical data results.
Laboratory Analytical Results Goldome Mill Site, San Bernardino County, California
Sample Matrix pH RCRA RCRA Cyanide Copper Silver ID Corrosive* Ignitable GDM-3 Solid 12.56 Yes NA <0.50 NA NA GDM-4 Solid 12.33 No NA 38.5% NA NA GDM-5 Liquid 0.13 Yes NA NA NA NA GDM-8 Liquid <2 Yes NA <0.01 NA NA GDM-IO Liquid 13.87 Yes NA NA NA NA GDM-11 Solid NA NA NA NA 2690 4.5 GDM-I2 Solid 10.3 No NA 0.65 27.3 1160 GDM-I4 Tar-like NA NA Yes NA NA NA All results in milligrams per kilogram (mg/kg) for solid samples and milligrams per liter (mg/L) for liquid samples GDM-12 was a composite solid sample collected from drums 17 and 20. TTLC = Total Threshold Limit Concentration. Metals detected above this threshold indicate a Califomia Hazardous Waste The TTLC threshold for copper is 2,500 mg/kg "^ The TTLC threshold for silver is 500 mg/kg NA = not analyzed Sample ID GPM-14, an oil based emulsion vyas found to be "ignitable, energetic & vigorous fast buming."
Analytical and Site data indicate the presence of RCRA characteristic reactive wastes (cyanide) under 40 C.F.R. § 261.23, RCRA characteristic ignitable wastes under 40 C.F.R. § 261.21 and RCRA characteristic corrosive waste under 40 C.F.R. § 261.22. In addition, samples exhibited concentrations of copper and silver in excess of California's Total Threshold Limit Concentration (TTLC) waste standards.
RCRA characteristic wastes are hazardous substances as defined by Section 101 (14) of CERCLA. Other hazardous substances or pollutants and contaminants not discovered to date or not specifically identified herein may exist at the Site. These substances may also pose a threat to human health and the environment.
Due to the absence of on-site activity and Site security, it is likely that any person accessing the Site would be undeterred. Hazardous wastes and substances located throughout the property in open and degraded containers and spills to the ground may be accessed by trespassers, illegal dumpers, Mojave National Preserve visitors and wildlife.
The Site poses physical dangers as many building components are structurally unstable and represent entrapment hazards. The potential for fire, vandalism and continuing deterioration of containers at the unmanaged Site may result in the combustion, physical exposure or commingling of incompatible hazardous substances resulting in harm to the public health or welfare or the environment including contaminant migration to adjacent federal Preserve lands.
5. National Priorities List ("NPL") status
The Site is not currently on or proposed for inclusion on the NPL.
B. Other Actions to Date
According to Jim Barrus and a local resident, the Lahontan District Regional Water Quality Control Board (RWQCB) may have had past involvement with closure and monitoring of a tailings pond at the Site (pre-1983). This tailings pond may be the western most pond shown in Figure 3 and may have been the only tailings pond on-site at the time. OSC Benson has contacted the RWQCB to ascertain any past/current involvement. The RWQCB representative was uncertain as to the name, location, or date of any past involvement. It was agreed that RWQCB staff would interface with EPA during any subsequent Site actions and attempt to research historical records and ascertain any nexus to water quality resulting from tailings piles and ponds on-site.
A Preliminary Assessment/Site Investigation (PA/SI) Report prepared by Harding ESE,for the NPS on February 21, 2002 documents four samples that were collected in the wash below the western most tailing holding pond. The samples identified as "Vanderbilt Mine" were part of a larger sampling effort across multiple abandoned mine land sites within the Mojave National Preserve. With the exception of arsenic, metals in the four soil samples did not exceed established regulatory action levels. Arsenic was detected in all samples including the background sample at concentrations exceeding both the residential and industrial Preliminary Remediation Goals of 0.39 and 2.7 mg/kg respectively (10.9 - 47 mg/kg). Cyanide was not detected in any of the samples analyzed. However, it was Harding ESE's opinion that the detected arsenic represents the naturally occurring conditions of the mineral source rock at the site and no further evaluation of elevated metals concentrations was recommended.
No other actions have been taken to abate the threats posed by the abandonment of hazardous substances at this facility.
C, State and Local Authorities' Roles
1, State and local actions to date
In response to a referral from the NPS, the SBCoFD conducted an inspection and cursory chemical inventory at Goldome on October 5, 2007. SBCoFD documented an apparent abandoned/defunct facility with no site access control/posting and numerous chemical containers scattered throughout the mill building, former laboratory and refinery building, and in proximity to the crushing and conveying circuit and tank farm area. Sampling and off-site laboratory analysis of drums marked as cyanide compounds confirmed the presence of cyanide wastes.
SBCoFD issued a Notice of Violation (NOV) to the property owner of record. National Gold/CEO Jim Barrus, of Salt Lake City, Utah. The NOV documented numerous violations of the California Health and Safety Code including illegal disposal/abandonment of hazardous wastes, reckless management of hazardous wastes and improper maintenance and operation of the facility. Despite several SBCoFD phone follow-ups with Mr. Barrus in the period between October 2007 and March 2008, there has been no compliance with the site assessment, waste remediation and the hazardous materials handler and hazardous waste generator permitting requirements of the NOV.
Continuing non-compliance issues, evidence of vandalism and trespass and the continuing deterioration of the unmanaged facility and the accumulation of unsecured hazardous substances led to the SBCoFD referral to EPA and delivery of a written Request for Federal Action on May 28, 2008.
2. Potential for Continued State/Local Response
State and local agencies have asserted that they lack the resources to undertake the required cleanup action at this time. Nonetheless, EPA may request assistance from State and local response agencies for various services including security, concurrence with cleanup action levels and goals, and other tasks that are necessary for an efficient, effective, and safe operation. Assistance from the State and local agencies likely will be limited to technical support and services rather than direct financial contribution to the response.
III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES
Conditions at the Site represent a release, and potential threat of release, of CERCLA hazardous substances that threaten the public health or welfare, or the environment, based on the factors set forth in the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"), 40 C.F.R. § 300.415(b)(2). These factors include:
1. Actual or potential exposure to nearby populations, animals or the food chain from hazardous substances or pollutants or contaminants
There is an actual or potential exposure to nearby populations and wildlife from hazardous substances located throughout the Site. Drums and containers of cyanide wastes, ignitable wastes and corrosive wastes, together with drums and containers marked as oxidizers, fuels, flammable liquids and solvents are present in several areas of the Site. Many of these containers are open, have evidence of spillage and are in very poor condition.
V In EPA's experience, closed and abandoned facilities are likely to attract trespassers. The Site is strategically located at one of the few entrances to the Mojave National Preserve and is readily accessible to persons that use the area for recreational purposes. The Site may be attractive to trespassers because of its unique appearance. There is evidence of possible illicit drug manufacturing supplies and reports of past and present illegal dumping of industrial wastes on-site from Nevada based businesses.
The potential for fire, vandalism and continuing deterioration of containers at the unmanaged Site may result in the combustion, physical exposure or commingling of incompatible hazardous substances (such as cyanide bearing materials and acidic solutions) resulting in harm to the public health or welfare or the environment including contaminant migration to the adjacent federal Preserve lands. The facility remains a human health risk to any person who might enter the premises through direct contact with open containers, contaminated soils/tailings and potentially contaminated building materials and equipment. Direct contact, inhalation or ingestion of the hazardous substances at the Site poses an acute health threat to these individuals. Threats from some specific materials at the Site are discussed below.
Cyanide is readily absorbed through the skin, mucous membrane, and by inhalation. Symptoms of cyanide poisoning include anxiety, confusion, vertigo, nausea, convulsions, paralysis, coma, cardiac arrhythmia, and transient respiratory stimulation followed by respiratory failure or death.
The wastes exhibiting the hazardous waste characteristic of corrosiveness present a direct contact and inhalation threat that could cause sever burns of the skins and lung tissue. Corrosive solutions at the Site include but are not limited to:
Nitric acid is a strong oxidizing agent and corrosive material that can burn the skin, eyes, and respiratory tract on direct contact or inhalation of vapors. It can .cause acute pulmonary edema or chronic pulmonary diseases from inhalation. When heated or reacted with water, it produces toxic and corrosive fumes.
Hydrochloric acid is a strong corrosive that can burn the skin, eyes and mucous membranes on dermal contact. It also is moderately irritating to the respiratory tract when inhaled. Hydrochloric acid produces toxic and corrosive fumes when exposed to water.
Sodium hydroxide is a strong alkaline material (pH levels greater than 7.0). Sodium hydroxide is corrosive and has an irritating effect on all body tissue, causing burns and deep ulcerations. Inhalation can cause damage to the upper respiratory tissue and lung tissue, with effects ranging from mucous membrane irritation to severe pneumonitis.
Potentially heavy metal contaminated mill tailings pose threats through inhalation and ingestion that can result in neurological, kidney, and liver damage, and behavior and learning problems.
Other hazardous substances or pollutants and contaminants not discovered to date or not specifically identified herein may exist at the Site. These substances may also pose a threat to human health and the environment.
2. Actual or potential,contamination of drinking water supplies
No specific contamination of a drinking water supply has been identified to date. 3. Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers, that may pose a threat of release.
A draft inventory of encountered drums, containers, and transformer carcasses is included as Appendix 1. EPA^observed numerous leaking and degraded containers. This draft inventory does not include larger ASTs at the Site and there may be additional chemical containers and an undetermined volume of contaminated sludge, soils and equipment awaiting full inventory and characterization. Full disclosure of the character and volume of all hazardous substances will only be possible during subsequent removal activities conducted under the necessary health and safety program elements
4. High levels of hazardous substances or pollutants or contaminants in soils largely at or near the surface, that may migrate
Mill tailings may contain quantities of heavy metals found in the host ore, and they may contain added chemicals used in the extraction process. EPA has documented a copper concentration of 2,690 mg/kg in one random surface tailings pond sample collected on June 6, 2008. This concentration exceeds the state hazardous waste determining TTLC of 2,500 mg/kg. A goal of this proposed response action is to more thoroughly characterize the near surface soils/tailings in each of the on-Site ponds. EPA will provide the results of this assessment with RWQCB staff and attempt to enlist their support as the lead state agency with water quality jurisdiction.
5. Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released
The Site is located in the Mojave Desert. This area has yearly temperatures that range from freezing to over 100 degrees Fahrenheit. Extreme heat during the summer months and cold temperatures in the winter, in addition to winter rains, could cause containers stored outside to deteriorate and release hazardous substances and pollutants to the environment. Ground staining from leaking drum contents was observed, indicating a release.
6. Threat of fire or explosion
Wildfires are a common occurrence in the region. If a fire engulfed the buildings, sheds or waste storage areas, it could release toxic chemical vapors and result in contaminate dispersion onto adjacent Preserve lands. Wildfires may destroy nearby vegetation leading to increased runoff velocity and a greater propensity for erosion from tailings ponds and piles. Higher erosion rates would
10 increase the likelihood of tailings deposition onto Preserve land where persons may more easily come into contact with metals contamination.
7. Availability of other appropriate federal or state response mechanisms to respond to the release
No other appropriate federal, local or state public funding source has been identified. EPA is informed that the proposed action exceeds the financial capability of the California State Emergency Reserve Account and local response mechanisms.
IV. ENDANGERMENT DETERMINATION
Actual or threatened releases of hazardous substances from this Site, if not addressed by implementing the response action selected in this Action Memorandum, may present an imminent and substantial endangerment to public health, or welfare, or the environment.
V. PROPOSED ACTIONS AND ESTIMATED COSTS
A. Proposed Actions
1. Proposed action description
EPA proposes to inventory, characterize, segregate, bulk, re-containerize, and remove for disposal all abandoned hazardous substances and contaminated materials left in drums, containers, tanks, and equipment at the Site. All wastes will be characterized using EPA-approved methodologies and delivered to commercial hazardous waste management facilities that are compliant with EPA's CERCLA Off- Site Disposal Policies.
EPA further proposes to preliminarily evaluate tailings ponds and piles associated with former ore processing activities. EPA does not intend, as part of this removal action, to investigate or respond to deep soil or groundwater contamination at the Site.
All activities will be performed in conformance with prescribed health and safety procedures. Sampling and analysis activities will conform to EPA approved methodologies and mandatory specifications for quality assurance and quality control.
2. Contribution to remedial performance
EPA does not anticipate a long term remedial action at this Site. This removal action should remove all immediate threats posed by uncontrolled hazardous substances at the Site.
11 The long-term cleanup plan for the Site:
Final reporting of this removal action will be provided to the SBCoFD and ^ RWQCB for their consideration of further activities under state or county programs.
Threats that will require attention prior to the start of a lono-term cleanup:
Currently, there is no EPA long-term cleanup planned for this Site. The immediate threats that have been identified in this memorandum will be addressed by the proposed removal action.
The extent to which the removal will ensure that threats are adequately abated:
The removal of abandoned and above ground hazardous substances is expected to abate the immediate threats from the Site.
Consistencv with the long-term remedv:
Removal activities undertaken in this action can be considered and incorporated into any state and county facility closure proceedings.
Post Removal Site Control
EPA will evaluate the need for post-removal Site control, consistent with the provisions of Section 300.415(k) of the NCP. The elimination of all threats, however, is expected to eliminate or minimize the need for post-removal Site control.
3. Description of alternative technologies
Alternative technologies were not considered for the proposed response action.
4. Applicable or relevant and appropriate requirements (ARARs)
Section 300.415(j) of the NCP provides that removal actions must attain ARARs to the extent practicable, considering the exigencies of the situation.
Section 300.5 of the NCP defines applicable requirements as cleanup standards, standards of control, and other substantive environmental protection requirements, criteria or limitations promulgated under federal environmental or state environmehtal or facility siting laws that specifically address a hazardous substance, pollutant, contaminant, remedial action, location or other circumstances at a CERCLA site.
12 Section 300.5 of the NCP defines relevant and appropriate requirements as cleanup standards, standards of control and other substantive requirements, criteria, or limitations promulgated under federal environmental or state environmental or facility siting laws that, while not "applicable" to a hazardous substance, pollutant, or contaminant, remedial action, location, or other circumstances at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA site and are well-suited to the particular Site.
Because CERCLA on-site response actions do not require permitting, only substantive requirements are considered as possible ARARs. Administrative requirements such as approval of, or consultation with, administrative bodies, issuance of permits, documentation, reporting, recordkeeping, and enforcement are not ARARs for the CERCLA response actions confined to the Site.
The following ARARs have been identified for the proposed response action. All can be attained. ; P
Federal ARARs: Potential federal ARARs are the RCRA Land Disposal Restrictions, 40 C.F.R. § 268.40 Subpart D; the CERCLA Off-Site Disposal Rule, 40 C.F.R. § 300.440, and the U.S. Department of Transportation Hazardous Materials Regulations, 49 C.F.R. Part 171, 172 and 173.
State ARARs: Potential state ARARs are Characteristics of Hazardous Waste implemented through the California Health and Safety Code, Title 22, § 66261.20, § 66261.21, § 66261.22, § 66261.23, § 66261.24.
5. Project schedule
Removal activities will require approximately 10 field days to complete.
B. Estimated Costs
Regional Removal Allowance Costs
Cleanup Contractor $180,000.00'
Extramural Costs Not Funded from the Regional Allowance
START Contractor $ 40,000.00
Extramural Subtotal $ 220,000.00
Extramural Contingency (20%) $ 44.000.00
TOTAL, Removal Action Project Ceiling $ 264,000.00
13 VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN
Given the Site conditions, the nature of the hazardous substances documented on-site and the potential exposure pathways to nearby populations described in Sections III and IV above, actual or threatened releases of hazardous substances from the Site, if not addressed by implementing the response actions selected in this Action Memorandum, will continue to present an imminent and substantial endangerment to public health or welfare, or the environment.
VII. OUTSTANDING POLICY ISSUES
There are no outstanding policy issues with the Site identified at this time.
VIII. ENFORCEMENT
Please see the attached Confidential Enforcement Addendum for a discussion regarding potentially responsible parties (PRPs) and enforcement. In addition to the extramural costs estimated for the proposed action, a cost recovery enforcement action also may recover the following intramural costs:
Intramural Costs^
U.S. EPA Direct Costs $ 20,000.00
U.S. EPA Indirect Costs (35.28% of Spending $ 264,000.00-h $20,000) $100,000.00
TOTAL Intramural Costs $ 120,000.00
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 $384,000.00. Of this, an estimated spending of $180,000.00 comes from the Regional removal allowance.
IX, RECOMMENDATION
' 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.
14 This decision document represents an appropriate removal action for the Goldome Mill Site, near Ivanpah, San Bernardino County, California as developed in accordance with CERCLA and not inconsistent with the NCP. This decision is based on the Administrative Record for the Site.
Because conditions at the Site meet the NCP criteria for a time-critical removal, I recommend that you concur on the determination of imminent and substantial endangerment and the removal action proposed in this Action Memorandum. The total removal action project ceiling if approved will be $264,000.00, of which an estimated $180,000.00 comes from the Regional removal allowance. If you approve of this action, please indicate your decision by signing below.
Approved: Po 9-^1 W ^OIM aqOcf Daniel Meer, Chief ' Date
Response, Planning and Assessment Branch
15 Enforcement Addendum
Index to the Administrative Record
Figures
Figure 1: Site Location Map Figure 2: NPS Overlay Figure 3: Site Map
Appendices
1. Draft Drum and Container Inventory cc: Sherry Fielding, USEPA, OEM, HQ Donald R. Plain, Chief, Emergency Response and Special Projects, California Department of Toxic Substances Control Ann Rushton, Deputy Attorney General, State of California bcc: Site File / John Jaros, SFD-9-4 Craig Benson, SFD-9-2 Sara Goldsmith, ORC-3 Celeste Temple, SFD-9-4
16 Con,Me.la,Er.oroe.ent.ciaenau.
17 Index to the Administrative Record
• Harding ESE, Preliminary Assessment/Site Investigation Report, Seven Abandoned Mine Land Sites Mojave National Preserve, February 21, 2002 (excerpts)
• San Bernardino County Fire Department, Hazardous Materials Division, Notice of Violation Final Notice, October 9, 2007.
• San Bernardino County Fire Department, Hazardous Materials Division, Investigation Narrative, undated.
• San Bernardino County Fire Department, Hazardous Materials Division, Goldome Mine Site Analytical Results from October 5, 2007 sampling event.
• Ecology and Environment, Inc., Goldome Mill Trip report, pending
18 Figure 1
Site Location Map
19 4-^- 1,200 ^^Feet
Date: May 30,2003 Figure 2
NPS Overlay
20 File: Date Figure 3
Site Map
21 Air photo source: Google Earlh 2008
002233,0328.SGRZ,b (START 3 CD Archives - Vol 3) 07/10/2008 O2008 Ecology and Environment, inc. Figures TDD: (10 be determined) / Project No: 002233.0328,SGRZ Site Features Goldome Milf, Mojave National Preserve San Bernardino County, California APPENDIX 1
Draft Drum and Container Inventory
22 DRAFT - DRUM AND CONTAINER INVENTORY Goldome Mill, San Bernardino County, CA July 2008 .=^^^=
ID Description Location Near transformer: lying on its side to the northwest of the empty lab building, closest to the access road, empty laboratory transformer: Lying on its side on the northwest corner of the empty lab building, empty bldg transformer: Upright standing between two existing utility poles next to lab building, empty
transformer: Older model transformer standing upright on the southwest corner of the lab building, empty drum: 55-gal blue poly, no lid, 1/2 full of yellowish liquid; pH 2. potentially associated with clandestine drug operation
drum: 55-gal blue poly, covered, empty, potentially associated with clandestine drug operation drum: 55-gal blue poly, 1/2 full, appears unopened, pungent acidic odor, potentially associated with clandestine drug operation drum: 55-gal blue poly, 1/2 full, appears unopened, pungent acidic odor, potentially associated with clandestine drug operation drum: 55-gal blue poly, 1/3 full, appears unopened, pungent acidic odor, potentially associated with clandestine drug operation
10 drum: 20-gal opaque plastic/poly drum, 1/4 full, potentially associated with clandestine drug operation 11 5-gal metal black drum, approximately 1/2 full
12 16-gal blue Chevron drum, labeled 'transmission fluid', estimated quantity of liquid inside to be 5 gallons 13 55-gal light blue poly, approximately 1/3 full 14 5-gal bucket, blue. Chevron labeled 'torque fluid', appears full 140-lb drum labeled 'Garrett-Callahan Co formula 1154', also indicates irritation to eyes if exposed;,aqueous inside mill solution; labeled 'sodium hexamethaphosphate' with CAS 65915-31-1 and 'sodium polyacrylate' with CAS bjdg 15 9003-04-7 55-gal green metal drum, labeled 'Aromatic 150' with 'Product number 602024' and 'Lot number 16 PX016809782'; 'Van Waters and Rogers, Inc. Telephone 206 889 3400' 17 55-gal unlabeled, blue poly; appear to contain solids - very heavy, cannot move easily 18 55-gal unlabeled, blue poly; appear to contain solids - very heavy, cannot move easily 19 55-gal unlabeled, blue poly; appear to contain solids - very heavy, cannot move easily 20 55-gal unlabeled, blue poly; appear to contain solids - very heavy, cannot move easily 21 55-gal unlabeled, blue poly; appear to contain solids - very heavy, cannot move easily 22 55-gal unlabeled, blue poly; appear to contain solids - very heavy, cannot move easily 55-gal light blue poly, no top, unlabeled; approximately 10 gallons of liquid inside; appears to be an oily 23 I substance 55-gal blue metal drum, labeled 'Geobrom™ 5500', oxidizer, '1,3-dibromo-5,5-dimethylhydantoin', with CAS 24- 77-48-5, and UN # 1479 appears to be a white, powdery substance; drum approximately 1/2 full. transformer: All State Acceptance Corp #001054', 'Westinghouse Catalog # 10C9B-071', 'Style # 25 1353499A'; empty 145-lb drum labeled 'Garrett-Callahan Co. aqueous solution of caustic soda, corrosive, formula 1156', 26 telephone 415-697-5811 27 55-gal black poly, labeled 'Sodium Hydroxide'; appears unopened DRAFT - DRUM AND CONTAINER INVENTORY Goldome Mill, San Bernardino County, CA July 2008
ID Description Location 28 55-gal blue metal drum, open, poison, labeled 'Sodium Cyanide' Inside Sea/ 55-gal black metal drum, closed, labeled 'Cyanogran' with CAS 143-33-9 (last number on the CAS hard to Land 29 read); 200lbs;'Lot # M090895428S', and'Drum filled 9/13/95' Container 30 55-gal metal, rusted, unknown, unlabeled; approximately 3/4 full; open spout Outside of 31 55-gal metal, rusted, unknown, unlabeled mill bldg 55-gal black poly, labeled 'Hydrochloric Acid; appears unopened - After START opened it gave solvent like characteristics and reacted with other "hydrochloric acid" labeled drums. May be water reactive. pH paper South side 32 indicates strong acid. of mill 33 55-gal black poly, labeled 'Hydrochloric Acid; appears unopened building/ 34 55-gal black poly, label worn off, appear similar to drums 32, 33 south side 35 55-gal black poly, label worn off, appear similar to drums 32, 33, 34 of Sea/ Land 36 55-gal black poly, label worn off, appear similar to drums 32, 33, 34, 35 Container 37 55-gal metal, rusted, appeal's unopened; faded label, unreadable label 38 55-gal metal, rusted, drum appears lying on its side, labeled 'flammable liquid' 39 55-gal metal, slightly rusted, labeled 'Tanner Systems, Inc. St Cloud, MN, Flammable Liquid' 40 55-gal green metal drum, appears to be filled with waste oil, label reads 'Acetone' 41 55-gal rusted black/orange drum, appears to be filled with waste oil 42 55-gal rusted black/orange drum, appears to be filled with waste oil 43 55-gal rusted red drum, appears to be filled with waste oil 44 55-gal black metal drum, heavy caking of oily substance on lid and around sides 5-gal blue plastic bucket, faded label 'Oil AW' and 'Chevron, located amongst loose pile of black rock 45 material approximately 50 m southwest of 24 55-gal drums of shiny, black rocks 46 approximately 300-gal blue metal tank on second floor, labeled 'CYANIDE POISON' 10-gal steel container labeled 'Nitric Acid' and '42 BE', corrosive, product # 193914, made by 'Brenntag 47 Pacific, Inc. Santa Fe Springs, CA 48 5-gal bucket labeled 'Oxalic Acid'; hand-written label 49 5-gal white bucket labeled 'Butyl diglyme; approximately 2/3 full; CAS 112-73-2; hand-written label Inside mill 5-gal black container labeled 'Butyl diglyme, Ferro Corporation, Zachary, Louisiana, telephone 226-654- bldg 50 6801 51 5-gal bucket labeled 'tainted butyl diglyme plue HC\'; hand-written label; approximately 1/3 full 52 5-gal bucket, unreadable label, hand-written label 53 2 5-gal buckets labeled 'RO water purification, Filtrapure BW, Antiscalent' 54 2 5-gal buckets, unlabeled, located adjacent to drum #9 S side of mill bldg/ S side of Sea/ Land container , •Ifk 37 individual 55-gal drums lying on their sides and stacked two-high, appear to be filled with rock material 18 individual 55-gal drums adjacent to conveyor belt east of mill bldg, up the hill, appear to be filled with ** solid rock material Outside - 2 individual 40-gal drums included with the 18 55-gal drums adjacent to conveyor belt East of 2 30-gal drums of greyish-black dust. These drums are located near the "grizzley" and are co-locateed with Conveyor drums containing other materials that have already been included on this inventory. Beit DRAFT - DRUM AND CONTAINER INVENTORY Goldome Mill, San Bernardino County, CA July 2008
ID Description Location Above the ** 24 individual 55-gal drums located above the crusher, no lids; all containing black, shiny rocks crusher ** 6 1-gal paint cans Inside mill ** 2 1-gal square steel cans bldg 10 gallons or less of muriatic acid potentially associated with clandestine drug lab operations, potentially ** associated with clandestine drug operation Adjacent ** 150 5-gallon buckets of tar-like substance on adjacent associated property (may be "polyester resin" property 21 drums of tar-like substance on adjacent/ associated property. Some of the drums are labeled "polyester Adjacent resin; UN 1866, Resin solution, flash point 73-100 °F" property