SUBJECT:

FROM:

TO:

THRU:

ATTN:

ISSUE:

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029

Request for Additional Funds to continue the Removal Action at the BoRit Asbestos Site Ambl r, Mont ornery Coun!)', Pennsylvania

Denms . ar ~~rector · Office of Preparedness and Response (3HSOO)

Mathy Stanislaus, Assistant Administrator Office of Solid Waste and Emergency Response

Debbie Dietrich, Director Office of Emergency Management

Gilberta Irizarry, Director Program Operations and Coordination Division

The purpose of this "Request for Additional Funds to continue the Removal Action" is to document the need for additional funding to complete the Removal Action to prevent, limit, or mitigate the threat posed by hazardous substances, pollutants or contaminants at the BoRit Asbestos NPL Site (the "Site"), which is located in Ambler, Montgomery County, Pennsylvania.

On August 8, 2006, the On-Scene Coordinator ("OSC") conducted a Removal Site evaluation pursuant to Section 300.140 of the National Contingency Plan ("NCP"). On August 14, 2006, after reviewing air sampling results collected by EPA Site Assessment Program (April 2006), and evaluating factors contained in Section 300.415 of the NCP, the OSC initially determined that conditions at the Site posed a significant threat to public health, welfare or the environment and initiated immediate response activities pursuant to Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") to mitigate the threat. Pursuant to Delegation of Authority 14-2, the OSC authorized the expenditure of CERCLA funding in an amount not to exceed $250,000 to initiate an emergency Removal Action intended to cover exposed areas of asbestos-containing material ("ACM") on the surface of the Site and conduct sampling to determine the threat posed by airborne asbestos levels. After further evaluation of the April 2006 sampling results (all media), and evaluation of conditions at the Site, the OSC decided that additional sampling evaluation was needed to determine whether an inhalation exposure pathway existed at the Site and in the community.

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From October 2006 to September 2007, EPA Removal Program conducted eight rounds of air sampling at and around the Site. Approximately 382 samples were collected and analyzed by transmission electron microscopy ("TEM"). Some of those rounds included activity-bas~d sampling ("ABS"). During ABS, personnel wore personal air sampling pumps while conducting physical activities such as soil sample collection, hiking, brush cutting and raking. The air samples were collected and analyzed using methods recommended by the EPA Asbestos Technical Review Workgroup ("TRW"). The detection limits set were 0.0005 fibers per cubic centimeter (flee) for stationary pumps and 0.003 flee for personal pumps.

Based on the data collected (see Section III), potential future conditions at the Site, the extent of contamination, the erosion problem along the creek banks at the Site, obvious trespassing, and other reasons, the OSC determined that additional funding and an exemption to the 12-month limit were necessary to continue the Removal Action and initiate additional Removal activities. A Request for Additional Funds and Exemption from the $2 Million and 12-Month Statutory Limits for a Removal Action was signed on April 14, 2008 ("Original Action Memorandum") by the Director of the Hazardous Site Cleanup Division ("HSCD"). An additional Request for Additional Funds for a Removal Action was signed by the Director of HSCD on October 15, 2009 ("Amended Action Memorandum"). The Amended Action Memorandum was needed, because shortly after the Original Action Memorandum was signed, the work at the Site was determined to be subject to the Davis-Bacon and Related Acts, 40 U.S. C. § 276(a), which required raising the contractors' hourly rates and increased the total project cost.

Since then, the Removal Program has already completed three of the five "Phases" at the Site and has covered most exposed areas. Currently, the contractor is working on Phase IV. The different Phases are defined as follows:

1. Phase I: Wissahickon Creek stream bank adjacent to the park parcel. 2. Phase II: Rose Valley stream banks, adjacent floodplain and reservoir berm section

parallel to Rose Valley Creek. 3. Phase III: Reservoir berm section parallel to the Wissahickon Creek. 4. Phase IV: Tannery Run stream banks. 5. Phase V: Wissahickon Creek stream bank adjacent to the pile parcel.

Information related to past, current and future activities of the on-going Removal Action can be found by going to the Site's website at www.epaosc.net/BoRit. The OSC expects that the Removal Action (not including future post-removal site controls) will continue until late summer 2011, depending on availability of funds.

The Site was added to the National Priority List ("NPL") on April 8, 2009. Site conditions continue to meet the exemption criteria specified in the Original Action Memorandum, and continued response actions are otherwise appropriate and consistent with Remedial Actions that

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are anticipated to be taken at the Site; therefore, the OSC believes the Site meets the consistency exemption criteria in Section 104(c)(l)(C) ofCERCLA, 42 U.S.C. § 9604(c)(l)(C). 1

Additional CERCLA funding in the amount of$3,454,608 is requested above the $250,000 already authorized by the OSC pursuant to Delegation of Authority 14-2 and the $9,362,380 already authorized by the Director of the Hazardous Site Cleanup Division. This funding will establish an estimated Removal Project Ceiling of$13,066,988 of which $10,056,267 is from the Regional Allowance. The additional funding is necessary to complete the Removal Action at the Site and mitigate the threats identified in the Action Memorandum.

This Action Memorandum incorporates and supplements the Original Action Memorandum and the Amended Action Memorandum. Where information is unchanged from the previous documents, the reader is referred to that document.

Attachment: Action Memo

1 Authority to approve continued removal action beyond the 12-month or $2 million statutory limitation pursuant to the "Consistency Waiver" set forth in Section 1 04(c)(l )(C) ofCERCLA, 42 U.S.C . § 9604( c )(1 )(C), for proposed or final NPL Sites, has been delegated to the Associate Director of the Region III Hazardous Site Cleanup Division, pursuant to EPA Delegation 14-2.

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029

SUBJECT: Request for Additional Funds to Continue the Removal Action at the BoRit Asbestos NPL Site located in Ambler, Montgomery County, Pennsylvania Action Memorandum

c~.,-. l.l_:;t:.. FROM: .f.--Eduardo Rovira, Jr., On-Scene Coordinator

Eastern Response Branch (3HS31)

TO: Dennis P. Carney, Associate Director Office of Preparedness and Response (3HSOO)

I. PURPOSE

The purpose of this "Request for Additional Funds to continue the Removal Action" is to document the need for additional funding to complete the Removal Action to prevent, limit, or mitigate the threat posed by hazardous substances, pollutants or contaminants at the BoRit Asbestos NPL Site (the "Site"), which is located in Ambler, Montgomery County, Pennsylvania.

On August 8, 2006, the On-Scene Coordinator ("OSC") conducted a Removal Site evaluation pursuant to Section 300.140 of the National Contingency Plan ("NCP"). On August 14, 2006, after reviewing air sampling results collected by EPA Site Assessment Program (April2006), and evaluating factors contained in Section 300.415 of the NCP, the OSC initially determined that conditions at the Site posed a significant threat to public health, welfare or the environment and initiated immediate response activities pursuant to Section 1 04 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") to mitigate the threat. Pursuant to Delegation of Authority 14-2, the OSC authorized the expenditure of CERCLA funding in an amount not to exceed $250,000 to initiate an emergency Removal Action intended to cover exposed areas of asbestos-containing material ("ACM") on the surface of the Site and conduct sampling to determine the threat posed by airborne asbestos levels. After further evaluation of the April2006 sampling results (all media), and evaluation of conditions at the Site, the OSC decided that additional sampling evaluation was needed to determine whether an inhalation exposure pathway existed at the Site and in the community.

From October 2006 to September 2007, EPA Removal Program conducted eight rounds of air sampling at and around the Site. Approximately 3 82 samples were collected and analyzed by transmission electron microscopy ("TEM"). Some of those rounds included activity-based sampling ("ABS"). During ABS, personnel wore personal air sampling pumps while conducting physical activities such as soil sample collection, hiking, brush cutting and raking. The air samples were collected and analyzed using methods

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recommended by the EPA Asbestos Technical Review Workgroup ("TRW"). The detection limits set were 0.0005 fibers per cubic centimeter (flee) for stationary pumps and 0.003 f/cc for personal pumps.

Based on the data collected (see Section III), potential future conditions at the Site, the extent of contamination, the erosion problem along the creek banks at the Site, obvious trespassing, and other reasons, the OSC determined that additional funding and an exemption to the 12-month limit were necessary to continue the Removal Action and initiate additional Removal activities. A Request for Additional Funds and Exemption from the $2 Million and 12-Month Statutory Limits for a Removal Action was signed on April 14, 2008 ("Original Action Memorandum") by the Director of the Hazardous Site Cleanup Division ("HSCD"). An additional Request for Additional Funds for a Removal Action was signed by the Director ofHSCD on October 15, 2009 ("Amended Action Memorandum"). The Amended Action Memorandum was needed, because shortly after the Original Action Memorandum was signed, the work at the Site was determined to be subject to the Davis-Bacon and Related Acts, 40 U.S.C. § 276(a), which required raising the contractors' hourly rates and increased the total project cost.

Since then, the Removal Program has already completed three of the five "Phases" at the Site and has covered most exposed areas. Currently, the contractor is working on Phase IV. The different Phases are defined as follows:

1. Phase I: Wissahickon Creek stream bank adjacent to the park parcel. 2. Phase II: Rose Valley stream banks, adjacent floodplain and reservoir berm

section parallel to Rose Valley Creek. 3. Phase III: Reservoir berm section parallel to the Wissahickon Creek. 4. Phase IV: Tannery Run stream banks. 5. Phase V: Wissahickon Creek stream bank adjacent to the pile parcel.

Information related to past, current and future activities of the on-going Removal Action can be found by going to the Site's website at www.epaosc.net/BoRit. The OSC expects that the Removal Action (not including future post-removal site controls) will continue until late summer 2011, depending on availability of funds.

The Site was added to theN ational Priority List ("NPL") on April 8, 2009. Site conditions continue to meet the exemption criteria specified in the Original Action Memorandum, and continued response actions are otherwise appropriate and consistent with Remedial Actions that are anticipated to be taken at the Site; therefore, the OSC believes the Site meets the consistency exemption criteria in Section 104(c)(1)(C) of CERCLA, 42 U.S.C. § 9604(c)(1)(C). 1

1 Authority to approve continued removal action beyond the 12-month or $2 million statutory limitation pursuant to the "Consistency Waiver" set forth in Section 104(c)(l)(C) ofCERCLA, 42 U.S.C.

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Additional CERCLA funding in the amount of $3,454,608 is requested above the $250,000 already authorized by the OSC pursuant to Delegation of Authority 14-2 and the $9,362,380 already authorized by the Director of the Hazardous Site Cleanup Division. This funding will establish an estimated Removal Project Ceiling of $13,066,988 of which $10,056,267 is from the Regional Allowance. The additional funding is necessary to complete the Removal Action at the Site and mitigate the threats identified in the Action Memorandum.

This Action Memorandum incorporates and supplements the Original Action Memorandum and the Amended Action Memorandum. Where information is unchanged from the previous documents, the reader is referred to that document.

II. SITE CONDITIONS AND BACKGROUND

A. SITE DESCRIPTION

1. Site Background

Please refer to attached April 2008 Original Action Memorandum.

2. Physical Location/Site Characteristics

, Please refer to attached April 2008 Original Action Memorandum.

3. Quantities and Types of Substances Present

Please refer to attached April 2008 Original Action Memorandum.

4. National Priorities List (NPL)

Please refer to attached October 2009 Amended Action Memorandum.

5. State and Local Authorities' Roles

Please refer to attached April 2008 Original Action Memorandum.

§ 9604(c)(l)(C), for proposed or final NPL Sites, has been delegated to the Associate Director of the Region III Hazardous Site Cleanup Division, pursuant to EPA Delegation 14-2.

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B. OTHER ACTIONS TO DATE

1. Previous Actions

Current and past (since July 2008) actions at the Site include stabilization of the' stream banks adjacent to the Site and covering of exposed areas to prevent erosion and migration of asbestos into the environment, in accordance with actions set forth in the April 2008 Original Action Memorandum.

Phases I, II and III (described above) have been stabilized. Currently, the contractor is working on the stream banks along Tannery Run (Phase IV). The first section of the stream (open section) has been stabilized. The remaining work in Tannery Run will focus on the installation of a pipe (closed section). After Phase IV is completed, the remainder section of WC adjacent to the Site (from the dam in WC to the confluence with Tannery Run- Phase V) will be stabilized using geocells, the same way Phase I was stabilized.

For an explanation of the Phase I activities, please refer to attached October 2009 Amended Action Memorandum.

The Phase II activities covered an approximate length of 600 feet, starting from Chestnut Alley to the confluence with the Wissahickon Creek. The actual implementation of the design was started on July 1, 2009 and was completed on May 25,2010.

The following steps were performed during the Phase II construction process:

1. Constructed a ramp across Rose Valley Creek from the park area. 2. Cleared vegetation along the Rose Valley Creek area. 3. Diverted the creek during construction activities. 4. Constructed retaining walls adjacent to the existing headwall. 5. Installed the cable concrete mats (CCMs- 8' x 16') on the creek bed and

stream banks. Prepared for the installation of the CCMs by grading the area, laying down geotextile fabric, and leveling the area with gravel.

6. Stabilized the park side slope by placing clean fill and a heavy duty erosion control mat.

7. Stabilized the sewer road and headwall area by Rose Valley Creek by installing CCMs.

8. Stabilized the reservoir berm and floodplain by Rose Valley Creek by placing clean fill and grading the area.

9. Filled CCMs with concrete and/or topsoil, hydroseeded, and covered with straw erosion control mats.

The Phase III activities covered an approximate length of 600 feet starting from the confluence of Rose Valley and the Wissahickon Creeks to the dam on the

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Wissahickon Creek. The actual implementation of the design was started on March 17, 2010, and was completed on June 11, 2010.

The following steps were performed during the Phase III construction process:

1. Cleared vegetation along that section of the reservoir berm. 2. Relocated some material (mixture of soil and small pieces of ACM) excavated

during the Phase II activities (12 to 15 inches thick) along the Phase III slope. 3. Compacted a layer of clean fill _(12 to 15 inches tJrick) over the ACM layer,

along the Phase III slope. 4. Placed approximately six inches of topsoil over the clean fill along the Phase

III slope. Hydroseeded the entire area (approximately 18,000 square feet) and put into place straw erosion control mats.

Since their completion, Phases I, II and III designs have been tested by heavy precipitation events and there has not been evidence of real impact along any of the areas (no visible erosion channels along any of the slopes). Based on the precipitation (approximately more than 5 inches in 24 hours) and the water level of the Wissahickon and Rose Valley Creeks, the storm events could be compared to the projected 25-year flood stage, possibly even a higher stage.

2. Current Actions

EPA is currently working on Phase IV (Tannery Run) ofthe Removal Action (see Original Action Memo, Section VI.A.4 (Bank Stabilization)). The action chosen for Tannery Run is a hybrid. After taking into consideration the input from the local, state and federal agencies, the OSC decided to keep the first 300 feet of the creek as an open channel and install a pipe the last 400 feet of the creek, to the confluence of the Wissahickon Creek.

The Phase IV construction process consists of the following steps, some of which have already been initiated and/or completed:

1. Set up pump to divert the creek during construction activities. 2. Cleared vegetation along Tannery Run and a portion of the pile property. 3. Relocated (within the parcel) of some ofthe ACM waste to make room for the

equipment and to access the stream banks of Tannery Run. 4. Installed cable concrete mats (CCMs- 4' X 8' on the banks and 8' X 16' on the

creek bed). Prepared for the installation of the CCMs, including grading the area, laying down geotextile fabric, and leveling the area with gravel.

5. Filled CCMs with topsoil, hydroseeded the slopes and covered them with straw erosion control mats.

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The open channel section was completed in November 2010. Due to recent weather conditions, field activities have been cancelled temporarily, as soon as the weather cooperates, the following activities will take place:

6. Set new headwall (precast) in Tannery Run. 7. Install the 8-foot diameter pipe. 8. Backfill around the pipe and grade the area. 9. Hydroseed the area and place erosion control mats.

3. Future Actions

Phase V The Phase V area consists of the Wissahickon Creek bank adjacent to the pile (from the dam in the Wissahickon Creek to the confluence with Tannery Run). That section (approximately 225 feet), just as the Phase I slope, will be stabilized by installing geocells. The following steps will be performed during the Phase V construction process:

1. Clearing vegetation (this has been completed). 2. Grade the slope and place clean fill. 3. Install the geocells and infill them with topsoil. 4. Hydroseed the area and install the erosion control mats.

Pile In preparation for the Tannery Run work, EPA relocated some of the waste within the parcel. This included clearing most ofthe trees on top of the pile, leaving just a relatively small area with trees. In order to address the remaining areas of exposed ACM in that part of the pile, the remaining trees on the top of the pile will be cut and that portion will be covered and hydroseeded.

Rose Valley Creek During the Phase II activities, a ramp to cross Rose Valley Creek was constructed. After meeting with the Remedial team, it was decided that Removal was going to remove the crossing and finish the work in Rose Valley Creek to the confluence of the Wissahickon Creek.

Post Removal Site Controls For the Site, the post removal site controls will consist of making sure the vegetation takes well and seeking to ensure that other components installed by EPA during the Removal Response Action (e.g., retaining walls, cable concrete mats, and geocells used to stabilized the stream banks) remain functional and adequately secured over time subject to EPA review. Maintenance of the vegetation would include cutting the vegetation twice per year (starting fall 2011) for the next two years in Phases IV, V and the top of the pile. Vegetation in Phases I, II and III should be well established by then; therefore, no maintenance

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should be necessary. However, if there is an area(s) where the vegetation did not take well, it will have to be addressed by hydroseeding the area(s) again.

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

.. Please refer to attached April 2008 Original Action Memorandum.

IV. ENDANGERMENT DETERMINATION

Please refer to attached April 2008 Original Action Memorandum.

V. EXEMPTION FROM STATUTORY LIMITS

The OSC originally initiated this Removal Action using his emergency authorities pursuant to EPA Region III CERCLA Delegation of Authority 14-2, and then continued the Removal Action pursuant to the Original Action Memorandum. At this time, because the work continues at the Site, as described in Section II (B)(2) above, Site conditions continue to meet the NCP section 300.415(b) criteria for a removal action described in Section III ofthe April 2008 Original Action Memorandum.

As stated in Section II (A)(4) of the attached October 2009 Amended Action Memorandum, the Site was added to the NPL in April 2009. Although the Remedial Process is still in the initial stages (Remedial Investigation - Rl), the current Removal Action (e.g., the stabilization ofthe stream banks and the cover of the exposed areas) is appropriate and consistent with some of the likely remedial actions that may be anticipated to be taken at the Site. The proposed removal actions are also appropriate because they will prevent erosion and migration of asbestos into the environment.

The proposed Removal Action therefore continues to meet the criteria for a consistency exemption from the $2 million or 12 month statutory limitation on Removal Actions.

VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Action Description

Please refer to attached April 2008 Original Action Memorandum.

B. Contribution to Remedial Performance

As stated in Section V, above, the actions proposed will contribute to anticipated future remedial actions.

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C. Applicable or Relevant and Appropriate Requirements ("ARARs")

Please refer to attached April 2008 Original Action Memorandum.

D. Project Schedule

Activities to complete the work outlined above will continue to late spring 2011.

E. Estimated Costs

The proposed distribution of funding is as follows:

Present Ceiling Total Ceiling Increase

Extramural Costs: Regional Removal Allowance Costs:

$7,626,267 $1,800,000 $9,426,267 Total Cleanup ERRS Contractor Costs IAG-USACE $205,000 $25,000 $230,000

Total Cleanup REAC Contractor Cost $400,000 $0 $400,000

(This cost category includes estimates for ERRS, subcontractors, Notices to Proceed, and lAGs with other Federal Agencies. It includes a 20% contingency).

$10,056,267 Total Regional Removal Allowance Costs

Other Extramural Costs Not Funded from the Regional Allowance: &

Total START, including multiplier costs $985,721 $25,000 $1,010,721 Total CLP Subtotal

Subtotal Extramural Costs ' $11,066,988

Extramural Costs Contingency (20% of Subtotal, Extramural Costs; round to $2,000,000 nearest thousand)

TOTAL REMOVAL ACTION PROJECT CEILING $13,066,988

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

Please refer to attached April 2008 Original Action Memorandum.

VIII. OUTSTANDING POLICY ISSUES

None.

IX. ENFORCEMENT

Based on the information currently available, it is recommended that Superfund monies be allocated to complete the removal activities at the Site. A confidential enforcement addendum has been prepared and is included as an attachment to this document.

The total EPA costs for this removal action, based upon full-cost accounting practices that will be eligible for cost recovery, are estimated below as follows1

:

Direct Extramural Costs: Direct Intramural Costs:

Total Direct Costs:

Indirect Costs:

Estimated EPA Costs for the Removal Action

$13,066,988 $784,000

$13,850,988

$7,400,000

$21,250,988

1Direct 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 in 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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X. RECOMMENDATION

This Action Memorandum requests additional funding, in the amount of $3,454,608, to allow for the continued removal response at the BoRit Asbestos Site in Ambler, Montgomery County, Pennsylvania. The April 2008 Original Action Memorandum continues to represent the selected Removal Action for the Site.

Please refer to the April 2008 Original Action Memorandum for the documents identified as the Administrative Record supporting the issuance of that Original Action Memorandum. In addition, by signing this Action Memorandum, you are hereby establishing the following additional document as the Administrative Record supporting the issuance of this Action Memorandum, pursuant to Section 113 (k) of CERCLA and EPA Delegation No. 14-22:

1. AprilS, 2009 NPL Listing at 74 Fed. Reg. 16126-16135 (Apr. 4, 2009). 2. May 19,2010, Tannery Run Memo to the file (Tannery Run). 3. September 30,2010 EPA letter to Ambler Borough (Tannery Run).

Conditions at the BoRit Asbestos Site meet the Removal Action requirements of Section 300.415(b)(2) of the NCP and the CERCLA section 104(c) consistency exemption, and I recommend that you approve of this request for additional funding to allow a continued removal response at the Site. The total Removal Action Project Ceiling, .if approved, will be $13,066,988. Of this, an estimated $10,056,267 comes from the Regional Removal Allowance. Please indicate your approval or disapproval below.

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Action by the Approving Official:

I have reviewed the above-stated facts and based upon those facts and the information compiled in the documents described above I hereby determine that the release or threatened release of hazardous ubstances at and/or from the Site presents or may pre ent an im.minent and ubstantial endangerment to the public health or welfare or to the environment. T concur with the

recommended removal action as outlined.

APPROVED: Dennis P. Carney ssoci Of:fice of Preparedness a . PA Region 3

DISAPPROVED:

Attaclm1ents:

Dennis P . Carney, Associate Director Office of Preparedness and Response

EPA Region 3

April 2008 Original Action Memorandum· October 2009 Amended Action Memorandum;

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DATE: -..:..t-~¥0.:...t-l! __

DATE: __________ __

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