.«EO sr^ %y ^^ % UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ^ J—2L I REGION 6 I ^^ZZ ^ 1445 Ross AVENUE, SUITE 1200 ^•nMldiT^ DALLAS, TX 75202-2733 -^PRO^ MEMORANDUM SUBJECT: Request for a Removal Action and Exemption from the $2 Million Statutory Limitation at the Delatte Metals-North Ponchatoula Battery Site, Ponchatoula, Tangipahoa Parish, Louisiana FROM: Althea C. Foster, On-Scene Coordinator, Removal Team 1 P 'jB^ Response and Prevention Branch (6SF-R) JW^^ THRU: Charles A. Gazda, P.E., Chi _ Response and Prevention Branch (6SF-R) TO: Myron 0. Knudson, P.E., Director Superfund Division (6SF) L PURPOSE This memorandum requests approval for a time-critical removal action pursuant to Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq.. at the Delatte Metals-North Ponchatoula Battery Site in Ponchatoula, Tangipahoa Parish, Louisiana. The proposed action involves a large source control time-critical removal action. The action will include institution of site controls to address active areas of residential properties as well as stabilization, removal, and off-site disposal of crushed battery casings, slag, ash, and containerized waste. The $2 million exemption is necessitated by the large volume of waste material to be addressed. This action meets the criteria for initiating a removal action under the National Contingency Plan (NCP), 40 C.F.R. §300.415 (b)(2), and the criteria for a $2 million exemption under Section 104 of CERCLA, 42 U.S.C. Section 9604 (c). This action is expected to require less than twelve months to complete. Recycled/Recyclable • Phnted with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer) II. SITE CONDITIONS AND BACKGROUND CERCLIS # LAD052510344 Category of removal: Time-Critical Site ID #DF A. Site Description 1. Removal site evaluation The Delatte Metals-North Ponchatoula Battery Site is an aggregation of the inactive Delatte Metals facility and the abandoned North Ponchatoula Battery Site. The Delatte Metals facility consists of approximately 17.6 acres of land at 19113 Weinberger Road (previously 1540 Weinberger Road), Ponchatoula, Louisiana, in Tangipahoa Parish. The facility began battery recycling and smelting operations during the 1960's under the name Delatte and Fuscia Battery Co. In the early 1980's the facility name was changed to Delatte Metals, Inc., with Mr. Larry Delatte its sole owner and president. Delatte Metals shut down smelting operations in June 1992 . There is a long history of releases from and enforcement actions against the Delatte Metals facility. Examples include releases of lead, cadmium and arsenic to surrounding residential properties. There are also documented releases of both acidic and metallic wastes into Selser's Creek, surface discharge of caustic water (pH 13), and an unpermitted injection of caustic water in an attempt to neutralize acidic groundwater. In March 1994 the Louisiana Department of Environmental Quality (LDEQ) Hazardous Waste Division issued an Administrative Order to Delatte Metals regarding control and remediation of waste piles at the facility. A July 1994 Environmental Protection Agency (EPA) Region 6 Resource Conservation and Recovery Act (RCRA) compliance inspection revealed numerous violations, including unpermitted hazardous waste storage, failure to submit annual or biannual reports, inadequate closure plans, and inadequate financial assurances for closure. In March 1995, LDEQ denied Delatte's Hazardous Waste operating permit application. Although smelting operations have ceased, limited operation as a scrap dealer continues. In March 1996 LDEQ Hazardous Waste Division referred the Delatte Metals site to LDEQ's Inactive and Abandoned Sites Division (IASD) which referred the Delatte Metals site to the EPA Site Assessment Section in June 1996. The EPA completed a Site Investigation for the Delatte Metals site in March 1997, and began an Expanded Site Inspection in October 1997. Ponchatoula Battery was a battery recycling facility from the mid 1960's to 1981. During the 1960's the facility was located on 3.7 acres of land on the south side of Weinberger Road (the South Ponchatoula Battery site). Ponchatoula Battery moved its operation to the north side of Weinberger Road in the 1970's, on property adjacent to the Delatte Metals facility (the North Ponchatoula Battery site). Operations at both locations included battery breaking, resale of lead plates and plastic casings, and acid neutralization. Ponchatoula Battery ceased operations in late 1981, claiming inability to comply with state and Federal regulations. In late 1982, Ponchatoula Battery Company conducted a cleanup action at the North Ponchatoula Battery location that included closure of surface impoundments and removal of battery casings and contaminated soil. The Ponchatoula Battery Company filed for bankruptcy in 1985. A second cleanup of the North Ponchatoula Battery location was conducted in 1987 to remove the remaining battery casings. According to LDEQ's 1992 RCRA Facility Assessment report for Delatte Metals, "present standards for clean closure are stricter than those that were applied to this site". In 1993 the EPA Region 6 Alternative Remedial Contracting Strategy (ARCS) contractor conducted an Expanded Site Investigation (ESI) at the Ponchatoula Battery Site. Soil lead concentrations up to 156,000 parts per million (ppm) were detected, but the site did not score high enough to be evaluated further as a potential National Priorities List (NPL) site. Between 1994 and 1995 the EPA Region 6 Technical Assistance Team (TAT) contractor conducted removal assessment to delineate the extent of contamination at the Ponchatoula Battery Site, and the EPA Region 6 Response and Prevention Branch (RPB) conducted a time-critical removal action at the South Ponchatoula Battery location between 1996 and 1997. The North Ponchatoula Battery location was not addressed because of concerns ofrecontamination from the Delatte Metals site. In November 1996 LDEQ requested that EPA regard Ponchatoula Battery and Delatte Metals as a single unit, to avoid recontamination problems during remediation and attribution problems in site ranking. The Site is proposed for listing on the National Priorities List. 2. Physical location The Delatte Metals/North Ponchatoula Battery Site is approximately 5.5 miles south- southeast ofHammond, Louisiana, and 1.5 miles southeast of Ponchatoula, Louisiana. The site lies to the north ofWeinberger Road, in a rural area with numerous residences within a one-mile radius of the site. A site location map of the facility is included as attachment 2. The surrounding area is used for growing crops such as bell peppers, strawberries and soybeans. Minor amounts of land are used for harvesting timber. The March 1997 Site Inspection Report for Delatte Metals included an Environmental Justice Report. A copy of this report is included as Attachment 7. Ponchatoula is the host to the annual Louisiana Strawberry Festival. Tangipahoa Parish covers 783 square miles and has a population of about 85,707. Ponchatoula has a population of about 5,425 and the nearby city ofHammond has a population of about 15,871. The site is bounded by Weinberger Road and residences to the south, drainage ditches and residences to the north and east, and Selser's Creek and a residence to the west. 3. Site characteristics The Delatte Metals/North Ponchatoula Battery site sits on approximately 21.3 acres on the north side ofWeinberger Road. A map, included as Attachment 3, shows the general layout of the site. A two-story brick building immediately north and west ofWeinberger Road is a combination facility business office and residence. A chain link fence bounds the southern edge of the facility north of the facility offices. Most of the soil covering the site is contaminated with lead levels averaging 8000 ppm on the surface and decreasing at depth. Battery chips are visible in soil throughout the site. Rainwater leaching through the waste piles on site probably carries lead, cadmium and arsenic into the soil. Two office-type fixed trailers are directly north and west past the chain link fence. Beyond the trailer offices is an 8,000 square foot building (designated as the "Maintenance Building" for assessment purposes) where the facility actively received batteries and scrap during its operation. The building currently contains assorted debris and small quantities of lubricating oil. An acid tank farm on the facility contains five tanks. Three 2000- gallon capacity upright tanks contain low-pH acidic liquids (sulfuric acid). Two horizontal tanks in the tank farm, approximately 2500 gallons each in capacity, are empty. The Battery Saw Building covers approximately 33,000 square feet and contains the battery breaking and sawing equipment from the facility former operations. The building also contains several piles of mixed fines (particles less than .075 millimeters in diameter), debris and battery chips, and drums of organic liquids. The Settling Basin sits under an open sided tin roof and contains some settled fine solids and some equipment. The Furnace Building, which houses the actual smelter, smelting equipment and the 13 0-foot smelter stack, is very deteriorated, with a rusted and dilapidated roof. The Furnace Building contains approximately 70 tote bags of smelter ash from the pollution control equipment, drums of granular solids, hags of firing range bullet sand, debris and scrap metal. Slag Pile #1 contains approximately