APPENDIX I UPDATED HUMAN HEALTH EXPOSURE ...newtowncreek.info/docs2/2 Remedial Investigation/Phase...

APPENDIX I UPDATED HUMAN HEALTH EXPOSURE CONCEPTUAL SITE MODEL RATIONALE

Updated Human Health Exposure CSM Rationale May 2014 Newtown Creek RI/FS 1 141037-01.01

1 UPDATED HUMAN HEALTH EXPOSURE CONCEPTUAL SITE MODEL RATIONALE

The preliminary Baseline Human Health Risk Assessment (BHHRA) receptor/exposure pathway conceptual site model (CSM) that identified potential human receptors and exposure pathways was included in the Human Health Risk Assessment: Preliminary Exposure Pathways and Exposure Factors – Interim Report (Interim PAR; Anchor QEA 2012). Based on the evaluation of Phase 1 data and survey results, U.S. Environmental Protection Agency (USEPA) comments on the Interim PAR, communication from USEPA and the Community Advisory Group (CAG; USEPA 2013), the site visit conducted with USEPA on March 27, 2014, and subsequent technical discussions on April 4, 2014, the BHHRA receptor/exposure pathway CSM was updated, as presented on Figures 2-32 and 2-33 of the Phase 2 Remedial Investigation Work Plan – Volume 1 (Phase 2 RI Work Plan Volume 1). This appendix provides additional details of the input received from various agencies and the CAG on the preliminary BHHRA exposure pathways and receptors and the Newtown Creek Group Respondents’ (Respondents’) position on the issues identified by the agencies and the CAG. Additionally, Section 1.3 presents photographs and descriptions of the three public access areas present at Newtown Creek. The information in this appendix is included to provide additional corroboration for the updated presentation of preliminary human receptors and exposure pathways, as presented on Figures 2-32 and 2-33 of the Phase 2 RI Work Plan Volume 1.

1.1 Summary of Input Received from USEPA, NYSDEC, NYSDOH, and CAG

As discussed in Section 4.2 of the Phase 2 RI Work Plan Volume 1, the human receptors, exposure pathways, and exposure parameters proposed for the BHHRA were submitted to USEPA in the Interim PAR on November 2, 2012 (Anchor QEA 2012). USEPA, the New York State Department of Environmental Conservation (NYSDEC), and the New York Department of Health (NYSDOH) provided comments on the Interim PAR on February 6, 2013. In general, the comments from the three agencies demonstrated overall agreement on the types and locations within the Study Area where human recreational and occupational/industrial activities occur. Other comments focused on how human receptors were categorized in the Interim PAR and on potential exposure to surface sediments by recreational users. USEPA also requested that homeless persons be added as a human health receptor category.


USEPA noted that to finalize the Interim PAR and to establish site-specific exposure parameters, input from the Newtown Creek CAG was necessary. A meeting was held with the Newtown Creek Group (NCG) and USEPA on March 7, 2013, to discuss agency comments on the Interim PAR and the path forward for finalizing the BHHRA exposure pathways and exposure scenarios. USEPA provided a summary of the Newtown Creek CAG input, as well as USEPA’s recommendations for revising the Interim PAR and Phase 2 BHHRA data needs in a communication received on August 28, 2013 (USEPA 2013). USEPA’s recommendations for revising the Interim PAR include the following (USEPA 2013):

• Address people living year-round on boats on the creek. At least two locations were identified where people have been observed living on boats (English Kills and the boats moored adjacent to the Anchor QEA, LLC [Anchor QEA] field facility in the lower main stem of Newtown Creek on the Queens County side near creek mile 0.45). For people living on boats on the creek, potentially complete exposure pathways include dermal contact and incidental ingestion of sediments and surface water, inhalation of volatiles/particulates from sediments, and inhalation of volatiles from surface water. Consider refining the recreational receptor categories and, if possible, develop one “recreational scenario” that considers all of the following activities:

− Wading, swimming, self-contained underwater breathing apparatus (SCUBA) diving, boating, jet skiing, fishing, and crabbing

− Exercising at the Nature Walk (jogging and biking) − Playing on the Nature Walk steps

• Consider impacts to populations exposed to flood waters and solids. • Consider anecdotal observations of companies around the creek that have spaces

where employees gather on shore by the water (e.g., the barbeque area at the Waste Management of NY facility).

• Consider the observation of a man who bathes in the creek. • Consider human exposure to sediment mounds near combined sewer overflow (CSO)

outfalls that are exposed during low tide conditions.


With respect to industrial exposure, USEPA commented that the Interim PAR does a good job of identifying worker exposure―both landside and dockside. However, USEPA also noted that these scenarios should be reviewed based on CAG input. In its August 28, 2013 communication, USEPA also included the following recommended Phase 2 Remedial Investigation (RI) data needs:

• Sediments in the areas where boats are located • Sediment mounds near CSO outfalls • Sediments at the North Brooklyn Boat Club • Air data above the water line and along the shore • Fish tissue

A boat-based site visit to allow USEPA, New York City Department of Environmental Protection (NYCDEP), and NCG representatives to observe and clarify site-specific conditions related to potential human exposure to surface water and sediment was held on March 27, 2014, and subsequent technical discussions occurred on April 4, 2014.

1.2 Respondents’ Position

As noted previously, USEPA recommended consideration of several revisions to the human health receptors and exposure pathways in their communication to the NCG in August 2013 (USEPA 2013). This section provides a detailed summary of the Respondents’ position on these recommendations. The Respondents’ position is that the potential exposure to surface sediments by the recreational boater receptor is an incomplete exposure pathway. As described in Section 4.2.1.1 of the Phase 2 RI Work Plan Volume 1, under current conditions, public access areas in the Study Area do not provide opportunities for potential exposures to sediment due to limited public access because there are only three public access points and 99 percent of the shoreline consists of bulkhead. Photographs and descriptions of the three public access areas are presented in Section 1.3 of this appendix in support of this position. Figure I-1 shows the location of the three public access areas as well as the proposed


residential development at Hunter’s Point South and the proposed future access at the Plank Road area (terminus of 58th Road in Maspeth, Queens). Under future use conditions, it is acknowledged that there is uncertainty whether additional public access points may be developed within the Study Area. However, any future public access locations, such as the Phase 2 design concepts prepared for the Hunter’s Point South residential development proposed near the confluence with the East River (NYCEDC 2009), would have to be constructed and redeveloped from the existing bulkheads. For example, the proposed waterfront improvements for the Hunter’s Point South Waterfront Park included significant augmentation of existing shoreline, including the addition of bulkheads and riprap (NYCEDC 2009). Any new public access areas that would allow for exposure to Study Area sediments and surface waters (such as construction of new canoe/kayak launching areas) would require significant redevelopment of the existing shoreline at the confluence of Newtown Creek and the East River because the current shoreline is made up of either concrete bulkheads on the Brooklyn side or riprap on the Queens side. As such, similar redevelopment and construction activities would essentially cap the surface sediments at these locations, eliminating potential exposure. Proposed exposure parameters for the recreational boaters exposed to surface water were included and will be provided to USEPA in revised tables from the Interim PAR. Additional discussions with USEPA are anticipated to finalize the exposure parameters for these recreational exposure scenarios. An additional proposed future access location has been identified at Plank Road (see Figure I-1). This area has been proposed for cleanup by the Newtown Creek Alliance and the North Brooklyn Boat Club, though the recreational activities that this location can support are still uncertain. The development plans for this access area have not provided much detail other than stating that existing debris will be cleaned up. USEPA also has requested that swimming, bathing, wading, and SCUBA diving activities in the Study Area be considered for inclusion in the BHHRA. No observations of swimming or bathing were made during the Phase 1 RI sampling conducted by Anchor QEA. The site-specific conditions of the Study Area limit public access to surface waters, and such activity is considered to be infrequent and of short duration within the Study Area. New York State Department of Health (NYSDOH) states in its Public Health Assessment for Newtown Creek


that “DOH does not have clear evidence that swimming in Newtown Creek is occurring” (NYSDOH 2014). Thus, swimming and bathing activities in the Study Area are considered to be very rare and infrequent activities. The limited public access available for such activities in the Study Area and the current surface water classification for Newtown Creek as Class SD saline surface water, indicate that Newtown Creek does not support primary or secondary contact recreation (Anchor QEA 2012). As discussed in Section 4.2.1.1 of the Phase 2 RI Work Plan Volume 1, observations of people playing in the water of Newtown Creek have been limited to the public access area along the Newtown Creek Nature Walk. Based on the physical characteristics of the Nature Walk (see photographs and text in Section 1.3 of this appendix), exposures to people recreating at this location are limited to surface waters of Newtown Creek, and exposures to sediments are considered an incomplete pathway. In addition, institutional controls are in place to prohibit access to the waters and sediments of Newtown Creek at the Nature Walk. The NYCDEP has posted signs prohibiting fishing, swimming, diving, or any recreational activities involving surface water contact at this public access location, and the area is monitored to ensure compliance with these prohibitions. Observations of people playing in the water have only occurred very infrequently at the Newtown Creek Nature Walk. For the purposes of the BHHRA, it is assumed that exposures to people playing in the water at this location will be less than that for the recreational boaters, and that the recreational boater scenario will be protective of individuals engaged in this activity in the Study Area. The CAG provided feedback to USEPA at the May 8, 2013 meeting (USEPA 2013) that there have been only very limited observations of SCUBA diving within Newtown Creek. During the site visit, USEPA was not able to identify locations where this activity was observed to occur and discussed revisiting this issue with the CAG. SCUBA diving in the Study Area is considered to be a rare and infrequent activity, and additional information from USEPA and CAG will be considered before including this activity in the BHHRA. USEPA requested that surface sediments be sampled in the two areas (English Kills and at the boats by the Anchor QEA field facility) where people have been observed living in boats. USEPA reported that this population has a unique exposure to sediments because the boat dwellers walk through sediments as they access the boats. The Respondents believe that


there is no exposure to surface sediments at these two locations. There are no sediment shoals in Newtown Creek where the boats are moored near the Anchor QEA field facility, and although the boat dwellers may have to step on riprap or other constructed bulkhead materials as they enter and exit their vessels, no exposure to surface sediments occurs at this location. Surface sediment samples will be collected adjacent to the field facility during the Phase 2 RI to serve as conservative surrogates for the soil/fill material present behind the bulkheads. These data will be used to evaluate the potential risks from dermal exposure to soil/fill material for the people accessing these boats during the BHHRA. In English Kills, observations and photographs of the ship that is moored at this location indicate that this is a 145-foot-long boat with a ramp that is used to embark and disembark. Therefore, there is no potential for sediment exposure for the receptors in English Kills, and these receptors are not considered further in the BHHRA. In addition, the New York City Fire Department has recently issued an eviction notice for this ship and cited the residents for living on an abandoned ship (New York Post 2013). Surface sediment samples will also be collected near the Hunter’s Point South development project during the Phase 2 RI to evaluate a short-term construction exposure scenario and near Plank Road to evaluate a future recreational exposure scenario. Finally, USEPA also requested that sediment mounds near CSO outfalls be sampled as a BHHRA Phase 2 RI data need. Because of public access limitations, there are no current exposures to surface sediment identified for recreational users in the Study Area, which includes these sediment mounds by the CSO outfalls. There have been no observations of people accessing the mounds. Therefore, there is no need to sample these features based on BHHRA exposure scenarios.

1.3 Public Access Area Photographs

There are currently only three locations where the public can access Newtown Creek, as shown on Figure 2-32 of the Phase 2 RI Work Plan Volume 1. The physical characteristics of these public access areas do not allow for exposures to surface sediments of Newtown Creek to recreational users of the creek. The photographs and descriptions of the public access areas are provided to present additional corroborative evidence for the characterization of exposure pathways to recreational receptors, as shown on Figures 2-32


and 2-33 of the Phase 2 RI Work Plan Volume 1. The photographs included in this appendix are as follows:

• Photograph 1 – Manhattan Avenue Park and Kayak/Canoe Launch Access Area • Photograph 2 – Newtown Creek Nature Walk • Photograph 3 – Newtown Creek Nature Walk Signage • Photograph 4 – Newtown Creek Nature Walk Signage • Photograph 5 – Newtown Creek Nature Walk Signage • Photograph 6 – Newtown Creek Nature Walk Signage • Photograph 7 – North Brooklyn Boat Club, Temporary Boatyard

Photograph 1 – Manhattan Avenue Park and Kayak/Canoe Launch Access Area

The Manhattan Avenue Park consists of concrete bulkheads with metal railings along the bank of the creek throughout the entire park that limits exposure to the surface waters and sediments of Newtown Creek (see Photograph 1). There is a lower concrete step with a


metal ladder attached to the railing, which is used to launch canoes/kayaks from this location. Lead line measurements indicated that the depth to sediment along this lower step was approximately -3 to -4 feet at mean low water (MLW). Exposure to surface water is possible during recreational boating activities as boaters enter and exit canoes, kayaks, or other personal watercraft, but no exposure to sediment is possible at this location for boaters. No wading activities are possible at this location.

Photograph 2 – Newtown Creek Nature Walk

The Newtown Creek Nature Walk consists of a path along the perimeter of the Newtown Creek Wastewater Treatment Plant and provides access to the waterfront along Newtown Creek (see Photograph 2). Access to the waters of the creek is expressly prohibited by the NYCDEP, and the area is monitored by NYCDEP to ensure compliance with this prohibition. People standing in the water have been observed on the lower steps of the


Nature Walk; however, the last step of the Nature Walk shown in the photograph is a 5-foot-wide concrete slab that drops off 8 feet to the sediments of Newtown Creek. Exposure to surface waters is possible for people playing in the water at these steps and recreational boaters using these steps to enter and exit water craft. Exposure to sediments by recreational users of the Nature Walk is not possible under these conditions.


Photograph 3 – Newtown Creek Nature Walk Signage



Photographs 3 through 6 show signage present at the Newtown Creek Nature Walk prohibiting fishing, swimming, diving, or any recreational activities involving surface water contact at this public access location.


Photograph 7 – North Brooklyn Boat Club, Temporary Boatyard

The North Brooklyn Boat Club’s boatyard provides a canoe/kayak launching area that accesses Newtown Creek via a ladder to a floating dock where canoes and kayaks are tied up (see Photograph 7). Lead line measurements indicate that the sediments are located at a depth of approximately -2 to -3 feet at MLW at the floating dock. There is potential for surface water exposure to recreational boaters entering and exiting water craft at this location. There is no potential for sediment exposures to boaters entering and exiting water craft at this location.


1.4 References

Anchor QEA (Anchor QEA, LLC), 2012. Human Health Risk Assessment: Preliminary Exposure Pathways and Exposure Factors – Interim Report. Remedial Investigation/Feasibility Study, Newtown Creek. November 2012.

New York Post, 2013. Hipsters forced off floating crash pad. Metro Section. October 14, 2013.

NYCEDC (New York City Economic Development Corporation), 2009. Hunter’s Point South Waterfront Park, Community Board 2 Presentation. June 24, 2009.

NYSDOH (New York State Department of Health), 2014. Public Health Assessment: Newtown Creek. EPA Facility ID: NYN00206282. Prepared under a Cooperative Agreement with the U.S. Department of Health and Human Services. Final Release. February 24, 2014.

USEPA (U.S. Environmental Protection Agency), 2013. Regarding Newtown Creek CAG Input on HHRA and PAR feedback. Communication from Michael Sivak of USEPA to Anchor QEA. E-mail from Caroline Kwan (USEPA) to Jim Quadrini and David Glaser (Anchor QEA, LLC). August 28, 2013.

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