UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 10
____________________________________
)
IN THE MATTER OF: ) U.S. EPA Region 10
) CERCLA Docket No. 10-2001-0055
Lower Duwamish Waterway )
Seattle, WA )
)
Port of Seattle, City of Seattle, )
King County, The Boeing Company )
)
Respondents )
)
Proceeding Under Sections 104, 122(a) ) THIRD AMENDMENT
and 122(d)(3) of the Comprehensive )
Environmental Response, Compensation, )
and Liability Act, 42 U.S.C. 9604, )
9622(a) and 122(d)(3) )
____________________________________)
Introduction
The City of Seattle, King County, the Port of Seattle, and the Boeing Company ("Respondents")
entered into an Administrative Order on Consent for Remedial Investigation/Feasibility Study,
U.S. EPA, Region 10 Docket No. CERCLA 10-2001-0055, Ecology Docket No 00TCPNR-1895
(12/20/2000) with the United States Environmental Protection Agency ("EPA") and the
Washington State Department of Ecology (the "AOC"). Respondents performed a remedial
investigation and feasibility study for the Site under the oversight of EPA and Ecology pursuant
to the AOC. The AOC has been amended twice to provide for the performance of additional
studies related to the Site. Respondents continue to perform these studies under the oversight of
EPA and Ecology.
The EPA issued a record of decision for the Lower Duwamish Waterway Superfund Site on
November 21, 2014 (the "Lower Duwamish Waterway ROD"). The Lower Duwamish
Waterway ROD selected remedial actions for the in-waterway portion of the Lower Duwamish
Waterway Superfund Site. In addition, the Lower Duwamish Waterway ROD identifies preremedial
design activities, including baseline sampling of a variety of environmental media and a
survey of waterway users that may be conducted before remedial design.
Third Amendment
EPA, Ecology, and Respondents agree to amend the RI/FS AOC as follows:
1. The work performed pursuant to this Third Amendment shall comply with CERCLA and
its implementing regulations, the National Contingency Plan, 40 C.F.R. Part 300 and
shall be subject to the review and approval of the EPA. With the exceptions of the
authority to review (except as a support agency) and approve work, resolve disputes
(excluding Ecology's ability to resolve disputes related to its cost recovery), or enforce
work performed under this Third Amendment, Ecology shall retain all rights and
obligations it has under the RI/FS AOC, including those rights of access and cost
recovery conferred to it by Sections XIV and XXII of the RI/FS AOC.
2. The objectives of this Third Amendment are identified in Paragraphs numbered 1
through 5 of Section 1 of the attached Statement of Work for Third Amendment to the
AOC.
3. For the purposes of this Amendment, Paragraph 3 of Section X (Modification of the
Work Plan) of the AOC shall be deleted and replaced by the following:
EPA may identify gaps in the work required under the Third Amendment that prevent the
accomplishment of the objectives of the Third Amendment as defined above. In that
event, EPA may request in writing that LDWG perform additional work under this Third
Amendment, as necessary for the accomplishment of these objectives. Respondents shall
confirm their willingness to perform such additional work, in writing, to EPA within
twenty-one (21) days of receipt of the EPA request, or Respondents shall invoke dispute
resolution. Subject to EPA resolution of any dispute, Respondents shall implement the
additional work requested by EPA. The additional work shall be completed according to
the standards, specifications, and schedule set forth or approved by EPA in a written
modification to a plan or written work plan supplement. EPA reserves the right to
conduct the work at any point, to seek reimbursement from Respondents, and/or seek any
other appropriate relief. If EPA determines that conditions at the Site are creating or have
the potential to create a danger to human health or welfare on-site or in the surrounding
area or to the environment, EPA may order Respondent to stop further implementation
of this Order for such period of time in the judgement of EPA is needed to abate the
danger.
4. The amounts paid by Respondents to the EPA Hazardous Superfund pursuant to the
requirements of Section XXII (Payment of EPA Oversight Costs) of the AOC shall be
deposited by EPA into the Lower Duwamish Waterway Superfund Site Special Account
pursuant to Section XXI (Reservations of Rights and Reimbursement of Costs) of the
AOC to be retained and used to conduct or finance response actions at or in connection
with the Lower Duwamish Waterway Superfund Site. In addition, EPA has several
other site-specific accounts related to the Lower Duwamish Waterway Superfund Site
2
within the EPA Hazardous Superfund. Funds held in such site specific accounts may
be transferred to the Lower Duwamish Waterway Superfund Site Special Account if
EPA determines that the funds are no longer needed to finance or otherwise support
the implementation of response actions related to response action for which such site
specific account was created. After completion of response actions at or in connection
with the Lower Duwamish Waterway Superfund Site, any funds remaining in the
Lower Duwamish Waterway Site Specific Account may be transferred by EPA to the
EPA Hazardous Substance Superfund.
5. The list of deliverables identified in Paragraph 4 of Section XIX (Delay in Performance,
EPA Stipulated Penalties, Enforcement) of the AOC is amended to delete deliverables (3)
through (6) ;and to include the original and any revised Quality Assurance Project Plan,
Data Evaluation Report, Report for Waterway Survey and Assessment of In-Water
Structures, Recovery Category Recommendations Report, and Design Strategy
Recommendations Report identified in the attached SOW.
6. The list of deliverables identified in Paragraph 5 of Section XIX (Delay in Performance,
EPA Stipulated Penalties, Enforcment) is amended to delete deliverables (1) through (9)
and include any final data report and any final technical memorandum identified in the
attached SOW.
7. Respondents shall, subject to and conditioned upon the prior approval of EPA, implement
the activities required by the attached SOW, which is incorporated into and enforceable
under the terms of the AOC as amended by this Third Amendment.
It is so ORDERED AND AGREED this ____________ day of ______________, 2______.
BY:_______________________________________ DATE:__________
Shawn Blocker
Unit Manager Office of Environmental Cleanup
Region 10
United States Environmental Protection Agency
By: _______________________________________ DATE:__________
James J. Pendowski
Program Manager
Toxics Cleanup Program
Washington Department of Ecology
3
EFFECTIVE DATE: _________________________
4
Agreed this ___ day of ____________, 2015
For Respondent Port of Seattle
By: _____________________
Name
Title
5
Agreed this ___ day of ____________, 2015
For Respondent City of Seattle
By: _____________________
Name
Title
6
Agreed this ___ day of ____________, 2015
For Respondent King County
By: _____________________
Name
Title
7
Agreed this ___ day of ____________, 2015
For Respondent The Boeing Company
By: _____________________
Name
Title
8
Appendix A: Statement of Work for Third Amendment of the LDW AOC
Pre-Design Studies
This Statement of Work (SOW) for the Third Amendment of the Lower Duwamish Waterway
Superfund Site (LDW) administrative order on consent (AOC) provides an overview of remedial
design phase pre-design work to be performed (Pre-Design Studies), a list of tasks, and a
schedule of deliverables. The requirements of the Selected Remedy are summarized in the
Record of Decision (ROD) issued in November 2014, including Section 13.
I. Objectives of Pre-Design Studies
The overall objective of the Pre-Design Studies is to advance the implementation of the Selected
Remedy for the LDW. More specifically, the Lower Duwamish Waterway Group, referred to
herein as LDWG or Respondents, shall perform work, as described in Section II below, to:
1. consistent with Section 13.2.3 of the ROD, to establish post-Early Action Area (EAA)
cleanup baseline conditions in environmental media (sediments, surface water, porewater,
tissue), to evaluate the effectiveness of EAA cleanups and the degree to which natural
recovery has occurred since the Remedial Investigation/Feasibility Study (RI/FS), to
serve as a baseline for comparison to post-remedial action data, and to aid in the
evaluation of source-control,
2. perform a survey of waterway users and an assessment of in-water structures to inform
recovery category recommendations and technology assignments,
3. support development of appropriate and effective institutional controls for consumption
of LDW resident seafood,
4. identify other site-wide and area-specific remedial design and remedial action
information needs, and
5. develop a strategy for remedial design phasing.
To help EPA ensure that all remedial design data needs are addressed in the appropriate
sequence and without delay, LDWG shall describe the environmental data types and other
information needed in order to complete remedial design, including baseline data, site-wide data,
area-specific data, and remedial design data needs specifically identified in the ROD. LDWG is
not required to fill area-specific pre-design data needs under this AOC amendment except as
described below.
This SOW does not require LDWG to duplicate characterization required pursuant to a Model
Toxics Control Act (MTCA) order. The design strategy developed in Task 10 will further specify
and facilitate the implementation of remaining pre-design investigations and remedial design
work.
II. Work to be Performed
LDWG shall implement the tasks below for planning, implementation, and reporting of the
various Pre-Design Studies.
Statement of Work March 7, 2016
Appendix A - Third Amendment of AOC Page 1 of 10 Lower Duwamish Waterway
Task 1: Work Plan. LDWG shall submit a work plan and a schedule for phasing, sequencing,
and implementing the tasks required to meet the objectives of this AOC amendment. The Work
Plan shall include the RI/FS conceptual site model, updated as appropriate, and data quality
objectives (DQOs) for analytical data collection. The Work Plan must include a data
management plan for laboratory, Geographic Information System (GIS) locational point data,
and spatial data deliverables that is consistent with the EPA Region 10 (January 2014 draft or
later) Data Management Plan.
In advance of the initial Work Plan submittal LDWG shall provide a draft annotated outline
along with tables and figures showing proposed phasing, sampling types, stratification approach,
conceptual sample locations and numbers, and analytical methods, with a supporting
memorandum detailing the rationale for the approach, to facilitate input from EPA and
stakeholders.
Baseline Sampling: The baseline sampling shall establish a statistically-based LDW-wide
baseline dataset of environmental media that is spatially consistent with anticipated future long
term monitoring data collection efforts and that will provide a basis for comparison with future
LDW-wide data collection to assess progress toward achieving Applicable, Relevant, and
Appropriate Requirements (ARARs) and the cleanup levels for Remedial Action Objectives
(RAOs) 1, 2, and 4, at the spatial scales indicated in the ROD, Table 19. While more intensive
post-remedial action baseline characterization relative to RAO 3 will be developed during
remedial design, surface sediment baseline samples obtained under this AOC amendment shall
be analyzed for comparison to RAO 3 cleanup levels in Table 20 of the ROD and shall include
locations representative of a range of conditions in the MNR areas (>SCO and
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