1. Managing to Make Source Control Happen at Contaminated Sediment Sites Prepared by: Joan P. Snyder Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 503-294-9657 jpsnyder@stoel.com For Presentation at: Remediation of Contaminated Sediments International Conference Platform Session B5, Abstract No. 332 January 24, 2007 www.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

2. www.stoel.com EPA Principles for Managing Contaminated Sediment Risks at Hazardous Waste Sites First Principle: “Control Sources Early”

3. www.stoel.com 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

4. www.stoel.com Sample of Sediment Sites Reviewed by EPA Contaminated Sediments 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_duwam ish/lower_duwamish_hp.html –http://yosemite.epa.gov/r10/cleanup.nsf/sites/lduwamish –http://www.ecy.wa.gov/pubs/0409043.pdf

5. www.stoel.com Sample of Sediment Sites Reviewed by EPA Contaminated Sediments Technical Advisory Group (CSTAG): (cont.) Portland Harbor, in Portland, OR –http://www.deq.state.or.us/lq/cu/nwr/Portland Harbor/jointsource.htm –http://yosemite.epa.gov/r10/cleanup.nsf/sites/ ptldharbor

6. Kanawha RiverChoccolocco Creek Kalamazoo River Lower Duwamish Portland Harbor

7. www.stoel.com 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

8. www.stoel.com 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

9. www.stoel.com Contaminants KanawhaAnnistonKalamazooDuwamishPortland Harbor PCBsX XX XX Dioxins X ???XX Pesticides/ Herbicides ?X TPH/PAH??XX PhthalatesX?X Other organic?X?X MercuryX??X Lead???X Other MetalsX?XX Otherbacteriaperchlorate

10. www.stoel.com Lessons Learned There will be multiple sources Relative importance will vary

11. www.stoel.com Contaminant Sources KanawhaAnnistonKalamazooDuwamishPortland Harbor Contaminated upland site(s) XXXXX Over-water activities ??XX Landfills X?XX? Contaminated fill dirt X? ? X Public Wastewater Treatment Plant X?X (CSO)

12. www.stoel.com Contaminant Sources KanawhaAnnistonKalamazooDuwamishPortland Harbor Private Industrial Waste Discharge X??XX? Public or private stormwater X???XX Agricultural runoff ????? Upstream Sources, incl. tributaries XXXXX Other Sources Atmospheric Deposition

13. www.stoel.com Lessons Learned Perception of your progress depends somewhat on your starting agenda

14. Perception of Progress Not StartedJust StartedWell Into Close to Completion Kanawha Anniston Kalamazoo Duwamish Portland Harbor IDENTIFICATION PRIORITIZATION SOURCE CONTROL

15. www.stoel.com Lessons Learned Multiple methods of source control will ultimately be required

16. www.stoel.com Types of Source Control That Have Occurred KanawhaAnnistonKalamazooDuwamishPortland Harbor Removal of contaminated upland soil XXXX Capping of contaminated upland soil XXXX Other upland cleanup XXX Improvements to landfills (e.g. capping, leachate collection) XX Issuance of TMDL for contaminants of concern X

17. www.stoel.com Types of Source Control That Have Occurred KanawhaAnnistonKalamazooDuwamishPortland Harbor Stricter NPDES permits for industrial wastewater XX Stricter NPDES permits for public wastewater X Stormwater best management practices XXXX Stormwater treatment XXXX Riverbank stabilization/ capping XXX

18. www.stoel.com Lessons Learned Will be a multi-agency task

19. www.stoel.com Lead/Support Agencies KanawhaAnnistonKalamazooDuwamishPortland Harbor Lead EPA Cercla State Cleanup Support State Cleanup State Solid Waste/Landfills State Water & Waste Managem’nt State Health EPA RCRA EPA Water Quality USGS Army Corps Dam operators State Cleanup (RCRA) State WQ Army Corps US Fish & Wildlife Dam operators State Cleanup State WQ State Nat’l Resources State Health State Public Lands US Fish & Wildlife USGS NOAA EPA CERCLA State WQ State Health EPA RCRA Army Corps King County City of Seattle Port of Seattle NOAA EPA CERCLA US Fish & Wildlife NOAA State Health State Fish & Wildlife State Public Lands City of Portland Port of Portland

20. www.stoel.com 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

21. www.stoel.com 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

22. www.stoel.com Lessons Learned Will generate interest of stakeholders –Citizen groups (5/5 sites) –Tribal governments (3/5 sites)

23. www.stoel.com 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

24. www.stoel.com E.g., Portland Harbor Milestone Report http://www.deq.state.or.us/lq/cu/nwr/PortlandHarbor/jointsource.htm

25. www.stoel.com 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

26. www.stoel.com What Is Moving Source Control Forward? Joint Source Control Strategy (Portland Harbor) Work groups to communicate and get information out

27. www.stoel.com 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

28. www.stoel.com What Is Delaying Source Control? 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)

29. www.stoel.com What Is Delaying Source Control? 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)

30. www.stoel.com 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

31. www.stoel.com 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

32. www.stoel.com The Headline We Are All Trying to Avoid Fresh Contamination Taints Superfund Foss Waterway The 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.”

33. www.stoel.com 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)