managing to make source control happen at contaminated sediment sites prepared by: joan p. snyder...

Managing to Make Source Managing to Make Source Control Happen at Contaminated Control Happen at Contaminated

Sediment SitesSediment SitesPrepared by:

Joan P. SnyderStoel Rives LLP

900 SW Fifth Avenue, Suite 2600Portland, OR 97204

[email protected]

For Presentation at: Remediation of Contaminated Sediments International

Conference Platform Session B5, Abstract No. 332January 24, 2007

www.stoel.comwww.stoel.com

O r e g o n W a s h I n g t o n C a l I f o r n I a U t a h I d a h o


EPA Principles for Managing Contaminated Sediment Risks at

Hazardous Waste Sites

First Principle:

“Control Sources Early”


Sample of Sediment Sites Reviewed by EPA Contaminated Sediments

Technical Advisory Group (CSTAG):

• Kanawha River Site near Nitro, WV– www.epa.gov/reg3hwmd/super/sites/

WVSFN035516/index.htm

• Snow Creek/Choccolocco Creek systems in Anniston, AL (OU3 and OU4 of Anniston PCB site)– www.epa.gov/region4/waste/npl/nplal/

annpcbal.htm



Technical Advisory Group (CSTAG): (cont.)

• Portage Creek and Kalamazoo River in Kalamazoo, MI– www.epa.gov/glnpo/aoc/kalriv.html– www.epa.gov/region5/sites/kalproject

• Lower Duwamish Waterway in Seattle, WA– http://www.ecy.wa.gov/programs/tcp/sites/

lower_duwamish/lower_duwamish_hp.html– http://yosemite.epa.gov/r10/cleanup.nsf/sites/

lduwamish– http://www.ecy.wa.gov/pubs/0409043.pdf



Technical Advisory Group (CSTAG): (cont.)

• Portland Harbor, in Portland, OR – http://www.deq.state.or.us/lq/cu/nwr/

PortlandHarbor/jointsource.htm– http://yosemite.epa.gov/r10/cleanup.nsf/

sites/ptldharbor

Kanawha River Choccolocco Creek

Kalamazoo River

Lower Duwamish

Portland Harbor


Common Themes of CSTAG Reviews

• Need review and compilation of all available data and assessment of all potential contaminant sources

• Need to estimate at least qualitatively the relative contaminant loads from different sources and prioritize them

• Need to coordinate with Water Quality programs to address point sources (industrial and municipal wastewater and stormwater discharges)

• http://www.epa.gov/superfund/resources/sediment/cstag_sites.htm


Lessons Learned

• Not “one size fits all”– Some sites’ initial focus is on one

contaminant versus many– Some sites start as a follow-on to

upland cleanup while others start out as investigation of urban river system


Contaminants

Kanawha

Anniston

Kalamazoo

Duwamish

Portland Harbor

PCBs X X X X X

Dioxins X ? ? ?X X

Pesticides/ Herbicides

?X ?X

TPH/PAH ? ?X X

Phthalates X ?X

Other organic ? X ?X

Mercury X ? ?X ?X

Lead ? ? ?X ?X

Other Metals X ? X X

Other bacteria perchlorate


Lessons Learned

• There will be multiple sources

• Relative importance will vary


Contaminant Sources

Kanawha

Anniston

Kalamazoo

Duwamish

Portland Harbor

Contaminated upland site(s) X X X X XOver-water

activities? ? X X

Landfills X ? X X?Contaminated fill dirt X? X? ? X? XPublic Wastewater Treatment Plant

X? X X? (CSO)

(CSO)


Contaminant Sources

Kanawha

Anniston

Kalamazoo

Duwamish

Portland Harbor

Private Industrial Waste Discharge

X ? ? X X?

Public or private stormwater

X? ? ? X X

Agricultural runoff ? ? ? ? ?Upstream Sources, incl. tributaries

X X X X X

Other Sources Atmospheric

Deposition

Atmospheric Deposition


Lessons Learned

• Perception of your progress depends somewhat on your starting agenda

Perception of Progress

Not Started

Just Started

Well IntoClose to

Completion

Kanawha

Anniston

Kalamazoo

Duwamish

Portland Harbor

IDENTIFICATION

PRIORITIZATION

SOURCE CONTROL


Lessons Learned

• Multiple methods of source control will ultimately be required


Types of Source Control That

Have OccurredKanawh

a Anniston Kalamazo

o Duwamis

hPortland Harbor

Removal of contaminated upland soil

X X X XCapping of contaminated upland soil

X X X XOther upland cleanup X X XImprovements to landfills (e.g. capping, leachate collection)

X X

Issuance of TMDL for contaminants of concern

X


Types of Source Control That

Have OccurredKanawha Anniston Kalamazo

o Duwamis

hPortland Harbor

Stricter NPDES permits for industrial wastewater

X X

Stricter NPDES permits for public wastewater

X

Stormwater best management practices

X X X X

Stormwater treatment X X X XRiverbank stabilization/ capping

X X X


Lessons Learned

• Will be a multi-agency task


Lead/Support Agencies

Kanawha Anniston Kalamazoo Duwamish Portland Harbor

Lead EPA Cercla

EPA Cercla

EPA Cercla

State Cleanup

State Cleanup

Support

State Cleanup State Solid Waste/Landfills State Water &Waste Managem’ntState HealthEPA RCRAEPA Water QualityUSGSArmy CorpsDam operators

State Cleanup (RCRA)State WQArmy CorpsUS Fish & WildlifeDam operators

State CleanupState WQState Nat’l ResourcesState HealthState Public LandsUS Fish & WildlifeUSGSNOAA

EPA CERCLAState WQState Health EPA RCRAArmy CorpsKing CountyCity of SeattlePort of SeattleNOAA

EPA CERCLAUS Fish & WildlifeNOAAState HealthState Fish & WildlifeState Public LandsCity of PortlandPort of Portland


Interactions

• Formal Cleanup-focused Memoranda of Agreement between agencies– Duwamish, Portland

• Already existing enforcement-based agreements– Intergovernmental Agreements for

RI/FS– MOA delegating stormwater

enforcement


Interactions (cont.)

• Informal Work Groups– Lower Duwamish Source Control Work Group

and expanded Focus Group– Portland Harbor DEQ/EPA/Trustee Partner

technical team and DEQ/EPA/PRP technical team

• Informal coordination– E.g. interstate sources—AL/GA in Anniston– With Water Quality efforts (permits, TMDLs)

• Facilitated Discussions/mediation– Kalamazoo, of remediation and restoration

issues


Lessons Learned

• Will generate interest of stakeholders

– Citizen groups (5/5 sites)

– Tribal governments (3/5 sites)


Interactions

• Interaction with Community Advisory Groups

• Including in Expanded Focus Group• Public meetings

– During public comment periods– Informal updates– Educational meetings– Sharing data– Communications regarding specific site risks,

including fish consumption advisories


E.g., Portland Harbor Milestone Report

http://www.deq.state.or.us/lq/cu/nwr/PortlandHarbor/jointsource.htm


What Is Moving Source Control Forward?

• Early source assessment– Needed for conceptual site model– Allows prioritization and management

of resources• Narrowing priorities to site drivers• Loading sampling• “Early actions” to control identified

sources


What Is Moving Source Control Forward?

• Joint Source Control Strategy (Portland Harbor)

• Work groups to communicate and get information out


What Is Delaying Source Control?

• Data related– Complexity of sites– Large number of sources– Delays in sampling, issues of

sampling design– Lack of historical information



• Not Data Related– Expecting answers to source control

questions that are “yes” or “no”– Screening levels too uncertain; lack of

cleanup standards or even site specific risk numbers

– Uncertainty in risk assessments– Fear of setting precedents (too

strict/not strict enough)



• Not Data Related– Not realizing that source control should

be parallel to EPA cleanup process, rather than a serial step within that process

– Need to understand that effective source control must consider ALL pathways and contaminants, regardless of prior program decisions (e.g., NFAs)

– Insufficient resources (funding, staff)


Metrics for Success

• For the most part, yet to be developed– Direct measurement

• Sediment • Surface Water quality (may need high volume

sampling)• Fish tissue• Semipermeable Membrane Devices• Landfill leachate• Sediment traps, catch basin samples• Effluent/discharge sampling


Metrics for Success

– Tracking progress• By site• By permit• By river section • “Milestone Report”

– New approaches• Basinwide stormwater permits• Mass load tracking/modeling

– Continued re-evaluation• E.g. dam removal


The Headline We Are All Trying to Avoid

Fresh Contamination Taints Superfund Foss WaterwayThe News Tribune - Tacoma, Wash. * Oct 15, 2006

“Recent laboratory tests of bottom-dwelling critters exposed to [Thea Foss] Waterway sediment confirm it has been recontaminated. The problem is excess phthalates, or plasticizers, which enter the waterway through Tacoma's storm drain system, said EPA, city officials and others. . . . Portland-based PacifiCorp and two other utilities spent $8.5 million to clean up that part of the Superfund project. The rest of the Foss cleanup - costing more than $90 million - was coordinated by city officials.”


Additional Resources• www.epa.gov/superfund/resources/sediment --

EPA Web site on Contaminated Sediment Sites• http://cag-cd.net/I_Links.htm --

Anniston Community Advisory Group (CAG)• http://www.kalamazooriver.net/index.htm --

Kalamazoo River Watershed• http://www.portlandharborcag.org/

Superfund.html -- Portland Harbor CAG• http://www.duwamishcleanup.org/ --Duwamish

River Cleanup Coalition (incl. Report: “Restoring Our River: Protecting Our Investment: Duwamish River Pollution Source Control,” Dec 17, 2004)

managing to make source control happen at contaminated sediment sites prepared by: joan p. snyder...

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