4a attach1
Item No.: 4a_attach_1 Meeting Date: July 1, 2014 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION X STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF: ) ) Lower Duwamish Waterway ) ) Port of Seattle, King County, ) City of Seattle, The Boeing Company, ) ) RESPONDENTS ) ) SECOND AMENDMENT ) Proceeding Under Sections l04, 122(a), ) U.S. EPA, Region 10 122(d)(3) of the Comprehensive ) Docket No. CERCLAEnvironmental Response, Compensation, ) 10-2001-0055 and Liability Act (CERCLA), as amended, ) 42 U.S.C. 9604, 9622(a), 9622(d)(3) and Under the ) Ecology Docket No. Washington State Model Toxics Control Act ) 00TCPNR-1895 (MTCA), ch. 70.105D RCW. ) ________________________________________________) This Second Amendment to the Administrative Order on Consent For Remedial Investigation/ Feasibility Study (AOC) for the Lower Duwamish Waterway (LDW), CERCLA Docket No. 10-2001-0055, issued on December 20, 2000, requires performance of the Enhanced Natural Recovery (ENR)/Activated Carbon (AC) pilot study set forth below under the terms and conditions of the AOC by mutual agreement with the Parties in accordance with Section XXVI of the AOC. This statement of work (SOW) for the ENR/AC pilot study for the Lower Duwamish Waterway (LDW) provides a general overview of the work to be performed, a list of study steps/tasks, and a schedule for deliverables. The goals of the ENR/AC pilot study are to: Verify that ENR amended with AC can be successfully applied in the LDW by monitoring physical placement success (uniformity of coverage and percent of carbon in a placed layer); Evaluate performance of ENR/AC compared to ENR alone in locations with a range of polychlorinated biphenyl (PCB) concentrations; Assess potential impacts to the benthic community in ENR/AC compared to ENR alone; and Assess changes in bioavailability in ENR/AC compared to ENR alone. In addition, LDWG may propose to evaluate whether ENR/AC will remain stable in scour areas (Category 1 areas). The study is intended to help inform the remedial design for the LDW related to the implementation and effectiveness of remedial technologies. Study results will be used to re-assess and appropriately refine the technology assignment assumptions for ENR, ENR/AC, and (if approved by EPA and Ecology) ENR/AC/scour mitigation applications. The tasks are briefly described below. Task 1: Identify Plot Locations (QAPP and Field Collection). First, LDWG will prepare a memorandum which includes tables and figures identifying candidate plot locations for the Pilot Study including a review of existing data and a rationale for selecting plot areas for sampling and send to EPA and Ecology for initial review. Based on initial discussions with EPA and Ecology, LDWG will prepare a Quality Assurance Project Plan (QAPP) for collection of surface sediment samples to be used for confirmation of plot locations. The QAPP will include a Health and Safety Plan for preliminary sampling. After approval of the QAPP, LDWG will collect bulk surface sediment data (e.g., PCB Aroclors, total organic carbon) from proposed plot areas to confirm target sediment concentrations. Validated data from this effort will be provided to EPA/Ecology. Study plot locations and sizes will be finalized in a working meeting with EPA/Ecology. Task 2: Prepare the Design Package. LDWG will prepare a design package that evaluates sediment data collected under Task 1 and finalizes the design plans for each plot area. The design package will present the selected plot locations, and include existing conditions for each plot, the rationale for the proposed locations, and the proposed size of the test plots. Test plots will be approximately 1/2 acre in size per treatment subplot. The design package will include: Contract drawings and technical specifications Narrative design report QAPP for baseline and post-construction monitoring Water quality monitoring plan for construction Construction quality assurance plan Health and Safety Plan The design package will also include any evaluations needed for substantive compliance with the Clean Water Act (e.g., Section 404(b)) and the Endangered Species Act. Technical details regarding the pilot study scope include: Evaluate the use of ENR material (e.g., sand) and ENR sand amended with AC. The study will focus on total PCBs as the indicator chemical. Surface sediment and porewater will be analyzed for PCB congeners to assess bioavailability. Information on other contaminants (e.g., polycyclic aromatic hydrocarbons (PAHs)) may be collected for informational purposes, as determined from contaminant concentrations within selected plot locations. Use one target carbon dose for all study plots. The proposed carbon dose will be presented in the design package. Use one delivery mechanism for all study plots. Material will be placed mechanically. The proposed delivery mechanism will be presented in the design package Test two or three paired study plots: o ENR and ENR/AC in subtidal area SECOND AMENDMENT TO LDW RI/FS ORDER - 2 o ENR and ENR/AC in intertidal area o LDWG may also propose a third paired study plot which includes ENR/AC/scour mitigation and ENR/scour mitigation in areas of limited scour potential. The study plots will be selected to include a range of PCB concentrations from the RAL (SQS) up to the CSL. Task 3: Develop Construction Work Plan. LDWG will develop a Work Plan for construction of the pilot study. This plan will provide the detailed means and methods for conducting the work. Task 4: Implement Field Pilot Study and Post-Construction Monitoring. LDWG will implement the ENR/AC pilot per the Construction Work Plan. LDWG will collect baseline data prior to placement of the plots and will collect post-construction data. Baseline and post-construction data collection will include, but not be limited to: Porewater data (PCBs and potentially other contaminants as determined in the design package); Bulk sediment data (additional PCB data if needed), conventional parameters (e.g., total organic carbon), black carbon, and potentially other contaminants as determined in the design package; SPI camera surveys for benthic community successional stages and stability (deposition and mixing patterns); Benthic infauna surveys (Year 3); and Physical conditions of the placed layer (post-construction). Baseline data will be collected before construction to establish the baseline bioavailability metric. Construction will be conducted during the in-water work window as approved by EPA in consultation with NOAA, USFWS and Tribes, in accordance with the Construction Work Plan. Placement of material will be verified immediately after completion of construction. Post-construction monitoring will be conducted annually for up to 3 years post-placement (Year 1, Year 2, Year 3). Benthic infauna surveys will be conducted to evaluate community function at the end of the 3-year period. (Another monitoring event may be conducted 5 years post-construction under a separate scope as part of the remedial design effort, to be determined based on results of year 3 monitoring.) Task 5: Prepare Data Report(s). Validated sampling data will be provided to EPA and Ecology within 75 days after completion of any sampling event (and 90 days after the Year 3 event). Data will be analyzed and reports will be prepared following the Year 1 sampling and at the end of the 3-year monitoring period. The Year 1 report will include the construction completion details, baseline data, and the Year 1 monitoring results. The Year 3 report will include the Year 2 and Year 3 monitoring results. LDWG will submit draft reports for review by EPA/Ecology. The reports will be revised and finalized and approved per the AOC process. Table 1 provides a schedule for completing the key deliverables/milestones associated with the LDW Pilot Study. All project deliverables will be submitted by LDWG and revised to address all EPA and Ecology comments in accordance with the schedule in Table 1. Table 1. Schedule for Task Deliverables/Milestones SECOND AMENDMENT TO LDW RI/FS ORDER - 3 Task Deliverable Schedule Draft Memorandum of 7 days after issuance of AOC amendment candidate plot locations Draft QAPP for plot 45 days after submittal of draft memorandum sampling of candidate plot locations to EPA/Ecology Task 1: Study Plot Identification Final QAPP for plot 20 days after receipt of EPA/Ecology (QAPP and sampling comments Sampling) Validated data to 65 days after approval of QAPP EPA/Ecology Working meeting with EPA/Ecology to select Finalize Plot Locations plots 7 days after submittal of validated data Notify EPA and Ecology 145 days after issuance of AOC amendment of design contractor Task 2: Design Package Draft Design Report 130 days after selection/approval of plots Final Design Report 45 days after receipt of EPA comments Notify EPA and Ecology Within 145 days after approval of the Final of Construction Design Report Contractor(s) Task 3: Construction Work Draft Construction Work 60 days after award of construction contractor Plan Plan Final Construction Work 25 days from receipt of EPA/Ecology Plan comments Notification for Pilot Provide notification to EPA/Ecology 30 days Task 4: Implement Study Construction Start prior to initiation of field construction Field Pilot Study and Post- Completion of Per approved construction schedule Construction Construction Monitoring Completion of Monitoring 3 years after completion of construction 75 days after completion of any sampling Sampling data event (90 days after Year 3 event) 90 days after completion of Year 1 monitoring Year 1 Draft Data Report event, including data validation 30 days from the receipt of EPA/Ecology Task 5: Reporting Year 1 Final Data Report comments 90 days after completion of Year 3 monitoring Year 3 Draft Data Report event, including data validation 30 days from the receipt of EPA/Ecology Year 3 Final Data Report comments Note: Progress reports will be submitted monthly for the duration of the pilot study, consistent with the requirements set forth in the AOC. SECOND AMENDMENT TO LDW RI/FS ORDER - 4 Ecology Washington State Department of Ecology EPA U.S. Environmental Protection Agency QAPP quality assurance project plan All schedule dates are expressed in calendar days It is so ORDERED and AGREED this ___ day of _______________, 2014. By: ________________________________ Cami Grandinetti Remedial Program Manager Environmental Cleanup Office U.S. EPA, Region X By: ________________________________ James J. Pendowski Program Manager Toxics Cleanup Program State of Washington Department of Ecology Agreed this ___ day of _______________, 2014. For Respondent Port of Seattle By Title _________________ SECOND AMENDMENT TO LDW RI/FS ORDER - 5 Agreed this _____ day of _______________, 2014. For Respondent City of Seattle By Title _______________________ SECOND AMENDMENT TO LDW RI/FS ORDER - 6 Agreed this ____ day of ______________, 2014. For Respondent King County By Title ______________________ SECOND AMENDMENT TO LDW RI/FS ORDER - 7 Agreed this ___ day of ______________, 2014. For Respondent The Boeing Company By Title _________________________ SECOND AMENDMENT TO LDW RI/FS ORDER - 8
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