MEMORANDUM

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5

77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

US EPA RECORDS CENTER REG ON 5

1111111111111,111111111 111111 11111

REPLY TO THE ATTENTION OF:

SUBJECT: Request for Approval of a Ceiling Increase for the Time-Critical Removal Action at the South Perry Asbestos Site, Laurelville, Hocking County, Ohio (Site ID # C59M)

FROM: Jeffrey A. Lippert, On-Scene Coordinator Emergency Response Section 2

THRU: Jason H. El-Zein, Chief Emergency Response Branch 1

TO: Douglas Ballotti, Acting Director Superfimd Division

I. PURPOSE

The purpose of this Action Memorandum is to request and document your approval for a ceiling increase of $15,488 to cover costs associated with the proper abandonment of an old hand-dug well at the South Perry Asbestos Site (site). This increase will bring the total removal ceiling up to $190,618. The well contains suspected asbestos-containing demolition debris and needs to be properly abandoned. The proposed ceiling increase and well abandonment will continue to mitigate the threat from the asbestos-containing material (ACM) waste at the site.

The Action Memorandum would serve as approval for additional expenditures by EPA, as the lead technical agency, to properly abandon the old hand-dug well at the site that contains asbestos-containing demolition debris. 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.

Removals involving asbestos, when it is the principal contaminant of concern, have been designated as nationally significant. The removal at this site has, and will continue to follow precedents and protocols set by other asbestos cleanups.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID: 0HN000506109 RCRA ID: N/A State ID: 30003929 Category: Time-Critical

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post-Consumer)

The site is the former location of a large pile of asbestos-containing demolition debris. The debris has been removed and properly disposed of at an off-site facility, but an old hand-dug well was discovered beneath the debris. The well contains demolition debris and needs to be properly abandoned.

A. Site Description

1. Removal site evaluation

On October 28, 2015, the Ohio Environmental Protection Agency (OEPA) requested EPA's assistance with the asbestos-containing debris pile located at the site [Administrative Record Item #4]. The debris pile had caught fire and asbestos is comingled within.

The asbestos-containing debris pile was on the east side of the site, with residential homes to the north and southwest. EPA observed Potential Asbestos-Containing Material (PACM) throughout the burnt debris pile. The fire and demolition of the building, without proper asbestos abatement, resulted in pulverization of previously non-friable asbestos.

EPA met OEPA officials at the site on November 2, 2015, to conduct a site assessment [Administrative Record Item #6]. EPA observed pieces and chunks of asbestos throughout the debris pile.

EPA collected thirteen (13) samples of PACM from the site. The samples were sent to EMSL Analytical, Inc., in Cinnaminson, New Jersey, for asbestos testing using polarized light microscopy (PLM) via U.S. EPA Method 600/R-93/116, Method for the Determination of Asbestos in Bulk Building Materials [Administrative Record Item #6]. Six of the samples returned from the laboratory confirmed the presence of chrysotile asbestos. The six positive samples ranged from 6% to 20% in chrysotile asbestos content.

The asbestos-containing debris pile was outside and exposed to the elements, including wind and precipitation, both of which could have transported asbestos off site. There are also two residential properties nearby and no perimeter fencing.

Hocking County Health Department had declared the debris pile to be a significant public health concern [Administrative Record Item #8].

2. Physical location

The site is located at 19990 State Route 180, Laurelville, Hocking County, Ohio, 43135. It is in a mixed residential/agricultural area. Residential homes border the site to the north and southwest. State Route 180 borders the site to the south. Coordinates for the site are 39.496705 degrees north and -82.664492 degrees west.

An Environmental Justice (EJ) analysis for the site was conducted. Screening of the surrounding area used Region 5's EJ Screen Tool [which applies the interim version of the national EJ Strategic Enforcement Assessment Tool (EJSEAT)]. Region 5 has reviewed environmental and

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demographic data for the area surrounding the site at 19990 State Route 180, Laurelville, Ohio, and determined there is a low potential for EJ concerns at this location.

3. Site Characteristics

The site is a residential property, consisting of a home and an old hand-dug drinking water well that contains ACM. The site is bordered by undeveloped land to the south and east, residential homes to the north and southwest, and agricultural land to the west. A former school house that existed on the property contained asbestos and was demolished without proper abatement. There is no fence around the property and the former asbestos-containing debris pile was open to the elements.

4. Release or threatened release into the environment of a hazardous substance, or pollutant or contaminant

The presence of a hazardous substance was documented in six out of the thirteen samples collected (samples 1050, 1100, 1105, 1115, 1125, and 1145) by the laboratory. These six samples were positive for chrysotile asbestos between 6% and 20%. Asbestos is a hazardous substance as defined by 40 C.F.R. § 302.4.

A threat of release of hazardous substances is present at the site due to an old hand-dug drinking water well that contains demolition debris.

The former presence of asbestos waste material on the site posed a health threat to the community, especially in the event of high winds and precipitation events, which could have carried asbestos off site.

The site contained large amounts of ACM waste material that is exposed to the elements where it continued to deteriorate and presented a threat to the environment and public health and safety, especially due to the close proximity to residential homes.

5. NPL status

The site is not on the National Priorities List (NPL), nor is it expected to be proposed for the NPL.

6. Maps, pictures and other graphic representations

A figure detailing the location of the site is included in the attached Site Location Map (Figure A-1). A figure detailing site features such as building footprint, site boundaries and residential property locations is presented in the attached Site Features Map (Figure A-2). Attachment III details the Environmental Justice analysis for the site.

B. Other Actions to Date

1. Previous actions

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There have been no previous EPA actions at this site.

2. Current actions

An EPA-lead time-critical removal action is ongoing at this site.

C. State and Local Authorities' Roles

1. State and local actions to date

On January 9, 2015, Ohio EPA received a complaint regarding the demolition of the suspected asbestos-containing schoolhouse [Administrative Record Item #111.

On January 16, 2015, Ohio EPA issued a Notice of Violation to the owners of the property [Administrative Record Item #2].

On March 17, 2015, Ohio EPA issued a Notice of Violation to the demolition contractor [Administrative Record Item #3].

On August 4, 2015, Ohio EPA collected its own samples of debris at the site, confirming that the debris pile contained asbestos [Administrative Record Item #101.

On October 27, 2015, the asbestos-containing debris pile that was the former schoolhouse, caught fire. Ohio EPA responded to the fire [Administrative Record Item #9].

On November 2, 2015, Ohio EPA met EPA on scene and conducted a site inspection and interview of the owner of the property [Administrative Record Item #6].

On October 28, 2015, Ohio EPA requested assistance with a time-critical removal at the site [Administrative Record Item #4].

On January 16, 2016, Hocking County Health Department issued a letter to the property owner indicating that the demolition debris pile was a significant public health concern [Administrative Record Item #8]

2. Potential for continued state/local response

Ohio EPA was unable to obtain funds to perform the cleanup and had requested EPA's assistance.

III. THREATS TO PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES

The conditions at the South Perry Asbestos Site present an imminent and substantial threat to the public health, or welfare, and the environment and meet the criteria for a time-critical removal

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action as provided for in the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), as amended, 40 C.F.R. § 300.415(b), based on the following factors:

1. Actual or potential exposure to nearby human populations, animals, or the food chain from hazardous substances or pollutants or contaminants.

Laboratory analytical results indicated that the material in the demolition debris pile contained asbestos. Six samples returned from the laboratory confirmed the presence of asbestos. The six positive samples ranged from 6% to 20% in asbestos content. The pile was outside and exposed to the elements including wind and precipitation.

A residential home is located on the site, just feet from where the rubble pile was. Additional homes are located to the north and southwest of the site. The close proximity of residents to the site increased the likelihood of exposure to human populations. Trespassers to the site could track asbestos off site and into nearby residential homes.

None of the asbestos on site was properly contained or labeled. It was outside and open to the elements and to trespass. ACM has already been released at the site due to demolition of the building without prior asbestos abatement and later from the fire that occurred.

Potential exposure through each of these migration pathways could have caused imminent endangerment to human health, welfare, or the environment.

The health effects of ACM are detailed by the Agency for Toxic Substance and Disease Registry [Administrative Record Item # 1] as follows:

Asbestos mainly affects the lungs and the membrane that surrounds the lungs. Breathing high levels of asbestos fibers for a long time may result in scar-like tissue in the lungs and in the pleural membrane (lining) that surrounds the lung. This disease is called asbestosis and is usually found in workers exposed to asbestos and their families People with asbestosis have difficulty breathing, often a cough, and in severe cases heart enlargement. Asbestosis is a serious disease and can eventually lead to disability and death.

Breathing lower levels of asbestos may result in changes called plaques in the pleural membranes. Pleural plaques can occur in workers and sometimes in people living in areas with high environmental levels of asbestos. Effects on breathing from pleural plaques alone are not usually serious, but higher exposure can lead to a thickening of the pleural membrane that may restrict breathing.

2. Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released.

Ohio weather can result in heavy precipitation, high winds, tornadoes and flooding. These weather conditions could have resulted in another release of asbestos from the site.

The debris pile was not covered and was exposed to the elements. Precipitation entering the pile could have easily combined with the asbestos and migrated off site. High winds and tornadoes could have also blown asbestos fibers off site and onto the other nearby residential properties. Severe weather conditions have contributed to the deterioration of the former debris pile and created the potential for additional releases and/or migration of asbestos.

3. The availability of other appropriate federal or state response mechanisms to respond to the release.

Ohio EPA requested EPA's assistance with a removal at the site due to the asbestos located there. This request documents the continued need for federal involvement to address imminent endangerment posed by the site.

IV. ENDANGERMENT DETERMINATION

Given the site conditions, the nature of the known and suspected asbestos on site, and the potential exposure pathways described in Sections II and III, actual or threatened releases of asbestos 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, welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

I. Proposed action description

The time-critical response action described in this memorandum will directly address actual or potential releases of ACM at the site, which may pose an imminent and substantial endangerment to public health, or welfare, or the environment. The additional on-site removal activity will consist of properly abandoning the old well.

The removal action will continue to be conducted in a manner not inconsistent with the NCP. The OSC has initiated planning for post-removal site control consistent with the provisions of Section 300.415(1) of the NCP. However, removing all threats presented by asbestos at the site is expected to minimize or eliminate the need for post-removal site control.

All hazardous substances, pollutants or contaminants removed off-site pursuant to this removal action for treatment, storage and disposal were treated, stored, or disposed at a facility in compliance, as determined by EPA, with the EPA Off-Site Rule, 40 C.F.R. § 300.440.

2. Contribution to remedial performance

The continued time-critical action will not impede future actions based on available information. The proposed action will, to the extent practicable, contribute to the efficient performance of any

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long-term remedial action with respect to the release or threatened release concerned. No further action is anticipated once the proposed removal action is completed.

3. Engineering Evaluation/Cost Analysis (EE/CA)

Not Applicable.

4. Applicable or relevant and appropriate requirements (ARARs)

All identified applicable or relevant and appropriate requirements (ARARs) of specific Federal and state law will be complied with to the extent practicable considering the exigencies of the situation. The OSC sent a letter dated December 11, 2015, requesting ARARs to Ms. Kristin Parrish, Ohio EPA, Southeast District Office [Administrative Record Item #5].

State ARARs OAC-3745-20-04(6)(a): Demolition and renovation procedures for asbestos emission control OAC-3745-20-05(A)(1)(2)(3) [Administrative Record Item #7].

Federal ARARs EPA National Emissions Standards on Hazardous Air Pollutants 40 CFR Part 61, Subparts A and M.

5. Project schedule

The proposed activities listed in Section V of this memorandum will require an estimated 1 on-site working day to complete.

6. Estimated costs Current Proposed Proposed

Extramural Costs: Ceiling Increase Ceiling Regional Removal Allowance Costs:

Total Cleanup Contractor Allowance Costs (see Attachment 1) $128,047 $10,456 $138,503

Other Extramural Costs Not Funded from the Regional Allowance: $ 24,240 $ 3,012 $ 27,252

Total START, including multiplier costs

Subtotal Extramural Costs $152,287 $13,468 $165,755

Extramural Costs Contingency (15% of Subtotal, Extramural Costs) $ 22,843 $ 2,020 $ 24,863

TOTAL REMOVAL ACTION PROJECT CEILING $175,130 $15,488 $190,618

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VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN

Given the site conditions, the nature of the hazardous substances and pollutants or contaminants documented on site, the potential exposure pathways to nearby populations described in Sections II, III, and IV above, and the actual or threatened release of hazardous substances and pollutants or contaminants from the site, failing to take or delaying action may present an imminent and substantial endangerment to public health, welfare or the environment, increasing the potential that hazardous substances will be released, thereby threatening the adjacent population and the environment.

VII. OUTSTANDING POLICY ISSUES

Asbestos is the principal contaminant of concern which makes this site nationally significant.

VIII. ENFORCEMENT

For administrative purposes, information concerning the enforcement strategy for this site is contained in the Enforcement Confidential Addendum.

Contractor EPA R5 Indirect Total Eligible Cost Costs Costs Cost Rate Costs Recovery

($190,618 + $61,400) + (77.22% x $252,018) = $ 446,626

The total EPA costs for this removal action based on full-cost accounting practices that will be eligible for cost recovery are estimated to be $446,6261.

IX. RECOMMENDATION

This decision document represents a ceiling increase and additional work to continue the removal action for the South Perry Asbestos Site in Laurelville, Hocking County, Ohio. This document has been developed in accordance with CERCLA as amended, and is not inconsistent with the NCP. This decision is based on the Administrative Record for the site, see Attachment II. Conditions at the site meet the NCP § 300.415(b) criteria for a time-critical removal action and I recommend your approval.

1 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 total costs from this estimate will affect the United States' right to cost recovery.

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DATE: APPROVE: ougl Bal otti, Acting Director

Superfund Division

The total new removal project ceiling, if approved, will be $190,618. Of this, an estimated $163,366 may be used for the cleanup contractor costs. You may indicate your decision by signing below.

DISAPPROVE: DATE: Douglas Ballotti, Acting Director Superfund Division

Figures:

A-1 Site Location Map A-2 Site Features Map

Enforcement Addendum

Attachments:

I. Detailed Cleanup Contractor Cost Estimate Administrative Record Index

III. Region 5 EJ Analysis IV. Independent Government Cost Estimate

cc: P. Easter, EPA HQ (easter.patrick@epa.gov) B. Schlieger, EPA HQ (schlieger.brian@epa.gov) J. Woodyard, EPA HQ (woodyard.joshua@epa.gov) V. Darby, U.S. DOI, w/o Enf. Addendum (valencia_darby@ios.doi.gov) Craig Butler, Director, OEPA, w/o Enf Addendum (Craig.Butler@epa.state.oh.us) Mike DeWine, Ohio Attorney General, w/o Enf Addendum (Mike.DeWine@ohioattorneygeneral.gov)

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BCC PAGE HAS BEEN REDACTED

NOT RELEVANT TO SELECTION

OF REMOVAL ACTION

1:5« 1.5-101.1,2Knifrk aislICIP 1.-Ttetio VI

South Perry Asbestos RS 19990 State Route 180

Laurels/lite Hockinii Coun Ohio

United States Environmental Protection Agency

Figure A-1 1:=121:=1.11=212M

FIGURE A-1

U.S. ENVIRONMENTAL PROTECTION AGENCY REMOVAL ACTION

SITE LOCATION MAP FOR

SOUTH PERRY ASBESTOS SITE LAUREL VILLE, HOCKING COUNTY, OHIO

DECEMBER 2016

11

Legend

C-j Approximate Site Boundary

South Perry Asbestos RS 19990 State Route 180

LaureMite, Hocking County, Ohio

United States Environmental Protection Agency

Figure A-2

Pntparet For EPA p.m. by Ton Teen Inc.

FIGURE A-2

U.S. ENVIRONMENTAL PROTECTION AGENCY REMOVAL ACTION

SITE FEATURES MAP FOR

SOUTH PERRY ASBESTOS SITE LAURELVILLE, HOCKING COUNTY, OHIO

DECEMBER 2016

12

ENFORCEMENT ADDENDUM

HAS BEEN REDACTED – THREE PAGES

ENFORCEMENT CONFIDENTIAL

NOT SUBJECT TO DISCOVERY

FOIA EXEMPT

NOT RELEVANT TO SELECTION

OF REMOVAL ACTION

ATTACHMENT 1

DETAILED CLEANUP CONTRACTOR ESTIMATE

HAS BEEN REDACTED – ONE PAGE

NOT RELEVANT TO SELECTION

OF REMOVAL ACTION

ATTACHMENT 2

U.S. ENVIRONMENTAL PROTECTION AGENCY REMOVAL ACTION

ADMINISTRATIVE RECORD FOR

SOUTH PERRY ASBESTOS SITE LAUREL VILLE, HOCKING COUNTY, OHIO

DECEMBER 2016

NO, SEN IS ID DATE PAGES_, AT:1110R RECIPIENT ITTLE'DESCRIPT1ON

1 910006 9/101 AT SDR Public Tex.FACts Fact Sheet - CAS *1332-214

922724 1/17115 Violation Abe for •D..11aie M., Jans... 2, and Noe cf - .t: OEPA James. C ±c F0171: Vets-an. Affair: Re 'A

ROME

922725 3117115 OEPA Hum Nctie cf Violat - .11,s'oe:;tos for 11.--e F01=6: Veteran Affair Rt Honk-

4 9227:: iOS.5 -KC -, DU:110, . Lane: re: .Reque:t fay tr.S„ EPA OEPA EPA Eirxr..ency kenroval ate

5 922722 111115 Lippeat,.J.„, US. Lettey re: Request for ARARs at the SOuth Perry ALke:to: Site

922723 124615 Cashmere, I..awl Lippst, J., ,_. Draft Trap Rep= for South Peiy 13 Piir.L. P., Tea EPA esto: The:Remo-al Tezia, SAM. SME:r4t

922721 12/17/15 :Panish. K., OEPA Lippe U.S.Lett e: re: Idenfifiz. anon of ARARs •

EPA at the S outh Pe.yry Asbestos Site

922707 11.6116 Fishey, D OEPA Letts: re: Ohio EPA% Priority County Health Stauu . of the Demolished South Department Pen': School

917992 1Cv2715 ish, K. CEPA File Complaint lave ureation Form

'10. 927993 S1115 Oven 1T. P e OEPA Bulk 72,1a!er.,a1 Analysis 14 Analy6cal

U 9.17994 1915 K, OEPA File Complaint Iry estinton Fcaan •Parrish,

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NO. SENUS ID DATE ALTHOR RECIPIENT 11 LLE DESCRIPTION PAGES

12 LA.,* . 1, U. . Ballatti. D.. U.S. Action ".:deinci loam. re. Request EPA EPA fc Tuna -C Removal

Action at the South Pen)-As;zasto: SLte :,.P.ENDEVG )

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ATTACHMENT 3

U.S. ENVIRONMENTAL PROTECTION AGENCY REMOVAL ACTION

REGION 5 SUPERFUND ENVIRONMENTAL JUSTICE ANALYSIS FOR

SOUTH PERRY ASBESTOS SITE LAURELVILLE, HOCKING COUNTY, OHIO

DECEMBER 2016

EpA Ezto.St= 41100

Agency EJSCREEN Report

for 1 mile Ring Centered at 39.496705,-82.664492, OHIO, EPA Region 5

Approximate Population: 355

South Perry Asbestos

Selected Variables State

.

Percentile EPA Region Percentile

USA Percentile

EJ Indexes EJ Index for PM2.5 55 49 35

EJ Index for Ozone 52 47 37

EJ Index for NATA Diesel PM 72 67 52

EJ Index for NATA Air Toxics Cancer Risk 60 56 45

EJ Index for NATA Respiratory Hazard Index 65 60 49

EJ Index for NATA Neurological Hazard Index 67 62 47

EJ Index for Traffic Proximity and Volume 74 71 57

EJ Index for Lead Paint indicator 44 38 22

EJ Index for Proximity to NPL sites 58 58 45

E.! Index for Proximity to RMP sites 70 66 50

El Index for Proximity to TSDFs 61 51 37

EJ Index for Proximity to Major Direct Dischargers / 70 65 50

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ATTACHMENT 4

ENFORCEMENT ADDENDUM

HAS BEEN REDACTED – THREE PAGES

ENFORCEMENT CONFIDENTIAL

NOT SUBJECT TO DISCOVERY

FOIA EXEMPT

NOT RELEVANT TO SELECTION

OF REMOVAL ACTION