Newtown Creek Superfund Site CAG Meeting October 20, 2016

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1 Newtown Creek Superfund Site CAG Meeting October 20,

2 Preliminary Assessment and Site Inspection National Priority List Ranking and Listing Community Involvement andfuture Use Considerations Remedial Investigation Feasibility Study Proposed Plan Record of Decision Superfund Process Remedial Design Remedial Action Construction Completion O & M 2

3 Remedial Investigation Background Nature and Extent of Contamination Risk Sources Fate and Transport Modeling 3

4 Feasibility Study Use findings of Remedial Investigation to determine areas that need to be addressed Evaluate different potential remedies Overall protection of human health and the environment Compliance with Applicable or Relevant and Appropriate Requirements (ARARs) Long-term effectiveness and permanence Reduction of toxicity, mobility, or volume Short-term effectiveness Implementability Cost State acceptance Community acceptance 4

5 Data Collection Completed and Ongoing Tasks Majority Completed in December 2015 Surveys, sampling, and testing in the creek and at 14 background locations, including: Bathymetric Groundwater discharge Ecological communities Point source discharges Sediment and surface water chemistry Porewater Biota tissue analysis Sediment toxicity testing 5

6 Completed and Ongoing Tasks (cont.) Data Collection Information and data collection and review in the upland areas, including: Requested site updates from the respondents on all sites identified in the Data Applicability Report (DAR) Reviewed the respondent site information, updated evaluations of potential impacts on Newtown Creek, and requested information for identified data gaps Reviewed publicly available information from the state Hazardous Sites and Spills database Worked with NYSDEC to identify available information for nonrespondent sites, and is contacting NYSDEC project managers to obtain recent documents 6

7 Completed and Ongoing Tasks (cont.) Additional Data Collection Based on recommendations from Contaminated Sediments Technical Advisory Group (CSTAG): Biota sampling (fish, crabs, bivalves) Sediment coring and sampling for Non-Aqueous Phase Liquids (NAPL) Sampling for ebullition (sheens and gasses) Shoreline sampling of sediments/soils to assess potential impacts of erosion Additional data gap sampling may be identified during review of the draft Remedial Investigation Report 7

8 Completed and Ongoing Tasks (cont.) Risk Assessments Reports Key Updates Baseline Human Health Risk Assessment Revised version addressed the majority of comments submitted by EPA There are still several issues, associated mainly with tone and presentation style, that are being addressed by EPA Baseline Ecological Risk Assessment EPA received response to comments from Newtown Creek Group (NCG). There are still significant disagreements with data interpretation. EPA is providing responses to the NCG to resolve the disagreements Primary issues involve evaluation of reference areas and developing relationships between bulk sediment and porewater concentrations 8

9 Completed and Ongoing Tasks (cont.) Remedial Investigation Report Draft Submittal - November 2016 Will include Hydrodynamic and Sediment Transport portions of modeling 9

10 Projected Schedule Draft Feasibility Study Field Program field work planned for 2017 Draft Chemical Fate and Transport /Bioaccumulation Models submittal planned by early 2018 Draft Feasibility Study Report submittal planned late 2018 Final Feasibility Study Report goal late 2019 Dates contingent upon quality of reports submitted and dependent on the need for additional sampling 10

11 Projected Tentative Schedule Post Remedial Investigation/Feasibility Study Proposed Plan Release late 2019/early 2020 Comment Period late 2020 Record of Decision Release late 2020 Dates contingent upon achievement of prior dates 11

12 Projected Tentative Schedule (cont.) Beyond the Record of Decision Enforcement Instrument for Potentially Responsible Party Implementation of Remedial Design and Remedial Action CERCLA Requires a Judicial Consent Decree for Remedial Action Settlement (and a Consent Decree is usually used for both Remedial Design and Remedial Action). EPA may consider Administrative Order (by Consent or Unilateral) for Remedial Design in appropriate situations Complete Remedial Design 3 to 5 years Implement Remedy 6 to 8 years 12

13 Future CAG Meetings We want to hear what YOU want to talk about We will be talking regularly with the CAG steering committee One suggestion: We received your input on how the creek is currently used and how you want to use it We can walk you through how the Human Health Risk Assessment captures these exposure scenarios Other ideas??? 13