i o i i U i

UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

REGION IV

IN THE MATTER OF: )

) ADMINISTRATIVE ORDER

Koppers Company, Incorporated )

Chemical & Allied Products Group ) U.S. EPA Docket No. 88-03-R

U.S. Highway 301 North )

Florence, South Carolina )

)

EPA I.D. No.: SCO 003 353 026 * proceeding under Section

) 3008(h) of the Resource

RESPONDENT ) Conservation and Recovery

) Act, as amended, 42 U.S.C.

) §6928(h)

I. JURISDICTION

This Administrative Order (Order) is issued pursuant to

the authority vested in the Administrator of the United States Environmental

Protection Agency (hereinafter EPA) by Section 3008(h) of the Solid Waste

Disposal Act, commonly referred to as the Resource Conservation and

Recovery Act (RCRA), as amended, 42 U.S.C. §6928(h). The-authority

vested in the Administrator has been delegated to the EPA Regional

Administrator by Delegation Nos. 8-31 and 8-32 dated April 16, 1985,

and furthur delegated to the Director or the Waste Management Division,

of the EPA, Region IV.

This Administrative Order is issued to Koppers Company,

Inc. Chemical and Allied Products Group (Respondent) Owner/Operator of

the Florence Plant, Florence, South Carolina (Facility). It is based

upon the administrative record compiled by EPA and incorporated herein by

reference. The record is available for review by Respondent and the

public at EPA's office at:

345 Courtlan-j Street, N.E. , „ ,. .... 1)0 Oor)7H5

i/J-..:'.-.i >'''; •'• --—--—•—--""••

Atlai.tc, Gccrgie 3036F

rA'sr LL i v *—

SC 003 3 ~
~2~ ! o i i

The Administrative Record will also be available for

public review at: Florence County Public Library

Main Branch

319 S. Irby Street

Florence, South Carolina 29501

(803) 662-8424

Director: Robert C. Davidson

Public Services: Salley Martin

Hours: Monday to Thursday, 9 a.m. to 8:30 p.m.

Friday to Saturday, 9 a.m. to 5:30 p.m.

Sunday, 2 p.m. to 5 p.m.

The library is a U.S. Government Document Depository

and has photocopying facilities available.

II. PARTIES BOUND

1. This Order shall apply to and be binding upon Koppers

Company, Inc. and its officers, directors, employees, agents, successors

and assigns, and upon all persons, independent contractors, contractors,

and consultants acting under or for Koppers Company.

2. No change in ownership or corporate or partnership

status relating to the Facility will in any way alter Respondent's

responsibility under this Order.

3. Koppers Company, Inc. shall condition all contracts

on compliance with this Order.

4. Respondent shall give notice of this order to any

successor in interest prior to transfer of ownership or operation of the

Facility.

. III. STATEMENT OF PURP05F

The purpose of this Order is to address through interim

measures a release of hazardous waste and hazardous constituents which

are a threat' to human health or the environment posed by the Facility,

its purpose'is"also to direct a thorough evaluation of the nature and

extent of the release of na^ai-JO'Js wa=>t~: and haz,ar ]ous constituents

from the Facility and to gather necessary data tr support a-Corrective
""•*"

Measure Study. A subsequent order will address the Respondents

implementation of the corrective measure selected by EPA, as set

forth in Section VI herein.

IV. FINDINGS OF FACT

1. Respondent is a corporation doing business in the

State of South Carolina and is a person as defined in Section 1004(15) of

RCRA, 42 U.S.C. §6903(15) and R.61-79.260 Subpart B of the South Carolina

Hazardous Waste Management Regulations (HWMR).

2. Respondent owns and operates a hazardous waste management

facility on Highway 301 North, Florence, South Carolina (figure 1). Respondent

engages in treatment, storage and disposal of hazardous waste at the

Facility subject to interim status requirements (40 CFR Part 265) (Section

44-56-20 of HWMR, as amended, and R.61-79.260 Subpart B of HWMR). The facility

is a wood treating plant utilizing pressure cylinders to treat wood with

different preservatives such as pentachlorophenol, creosote, a CopperChranium-Arsenic (CCA) compound and a Non-Com-Exterior (NCX) fire retardant

compound.

3. Respondent owned or operated the Facility as a hazardous waste

management facility on and after November 19, 1980, the applicable date

which renders facilities subject to the interim status requirements under

Sections 3004 and 3005 of RCRA, 42 U.S.C. §§6924, 6925.

4. Pursuant to Section 3010 of RCRA, 42 U.S.C. §6930,

Respondent notified EPA of its hazardous waste activity. In its notification

dated October 14, 1980, Respondent identified itself as a generator,

treater, end storer of hazardous waste. :
'i w 'I "! 0 I; v

-4-

5. In its Part A dated October 14, 1980 and its Part B

permit application dated April 9, 1985, the Respondent identifies itself

as handling the following hazardous wastes at the facility:

a. Hazardous wastes exhibiting the characteristics of EP

toxicity (CCA treatment residue, D004/D007), as identified at 40 CFR

§261.20 - 261.24;

b. Hazardous waste from a specific source (wastewater

treatment sludges, K001), as identified at 40 CFR §261.32; and

c. Commercial chemical products, manufacturing chemical

intermediates, or manufacturing chemical intermediates identified at 40

CFR §261.33(f).

U051 creosote treatment residue

U242 pentachlorophenol treatment residue

U051/U242 penta/creosote treatment residue mixture

U122 formaldehyde

6a. The Respondent, as identified in a RCRA Facility Assessment

(RFA) completed in December of 1986 by U.S. EPA Region IV, operates or

has operated solid and hazardous waste management units. These units are

keyed in Figure 2 and 2a. Releases of hazardous wastes or hazardous

constituents were documented from the following units:

Description Release

6(SWMU) Closed Lagoon Documented soil and groundwater(GW)

contamination.

8(SVMU) Abandoned landfill Documented soil and GW contamination.

10(SVMU) Oil separator Below ground concrete tank, soil around

the unit is discolored. Potential for

additional GW and soil contamination

if integrity of the unit is impaired.

17(SWMU) Old steel tank and Soil in these area is discolored.

empty drums behind Potential for additional GW and soil

boiler room contamination. ^

t

I8(SWMU) Boiler room Tho concrete floor-is stained and in sdhe

areas the floor was wot fron drippage.

Potential for GW and soil contamination.
-5-

19(SWMU)

23(SWMU)

24(SVMU)

25(SWMU)

Description

Treating Cylinders

1 & 2

NCX plant cylinder

area

Old sprayfieId

Driptrack area

Release

Concrete floor is badly stained

and some drippage on the concrete

floor. Potential for GW and soil

contamination exists.

The soil around the sump is discolored.

The cylinders are in a diked area.

Potential for additional GW or soil

contamination is low unless sump

concrete is impaired.

Documented soil & GW contamination.

Documented soil & GW contamination.

A strong potential for release of hazardous waste or hazardous constituents

was identified at the following units:

Type Description

l(SWMU)

2(SWMU)

4(SWMU)

5(SWMU)

7(SWMU)

9 (SWMU)

ll(SWMU)

12(SWMU)

Potential for Release

Drainage Ditch 002

Area along the track

Treated log storage

& handling area

Abandoned ditch

Creosote Plant

Pumping Station

Track Area

Diked Aroa A in

the sketch

Surface water from storage and

treatment area is drained through

this unit. The effluent may be

contaminated and poses potential

for ground water (GW) contamination.

Washwater from the stored treated

wood logs poses potential for GW

and soil contamination.

Area is approximately 1500* x

200' and is covered with washed

creosote and pentachlorophenol,

and poses potential for GW and

soil contamination.

Standing rainwater from the sites

poses potential for GW and soil

contamination.

Creosote drippage poses potential

for groundwater and soil contamination.

A great potential for GW and soil

contamination from the below ground

concrete sump if the integrity of

the unit is impaired.

Potential of soil & groundwater

contamination from spills, runoff

exists.

Potential for <5-i, and soil contvamlnatioi

exists, if the- concrete walls ^nl

floor of the containment area are

impaired.
-6- ! U n

Type

13CSWMU)

Description

Treating i.-oom basement

14(SWMU)

15(SWMU)

20(SVMU)

2KSVWU)

22(SWMU)

Underground gasoline

tank

Underground boiler

fuel tank

Underground fuel

oil tank

Effluent sump

Oil unloading sump

Creosote storage

tank

26(SWMU) Sumps below CCA

27(RCRA unit) Impoundment #1

28(RCRA unit) Impoundment 12

29CRCRA unit) Impoundment 13

30(RCRA unit) Sprayfield

32(SWMU)

33(SWMU)

Contaminated soil

stored near container

storage shed

Former PCP ponds

Potential for Relqas?

The treatment cylinders are

erected in shallow concrete sump.

There is a potential of release

if the integrity of concrete is

impaired

Potential of GW and soil contamination

exists if the integrity of the tank

is impaired.

Same as for f!4

Same as for 114

Below ground concrete sump; potential

for GW & soil contamination exists

if concrete is impaired.

Same as for #20

The storage tanks are enclosed in a

earthen dike. The water collected

inside the dikes seemed contaminated

There is potential GW & soil

contamination.

The unit has a potential for contaminated

GW and soil if the integrity of the

unit if impaired;

Primary unlined K001 pond, being addressed

under RCRA. Great potential for

QW contamination.

Unlined aeration pond, K001.

for GW contamination.

Unlined tertiary pond, K001.

for GW contamination.

Great potential

Great potential

Wastewater from wood treating process

is sprayed over the field. Great

potential for GW and soil contamination.

The removed contaminated soils frcro

drip track area are stored in a heap

on a plastic sheet. The heap is not

covered. There is a great potential

for uncontaminated soil and GW to become

contaminated from rain-water runoff.

These unlined ponds used to handle hazardous

wastewater. Ponds were rejnoved from

service in mid-70's. Ground has been

leveled. Potentially a source of GW

contamination.
6.b. The Respondent's facility is in the Middle Coastal

Plains physiographic province of South Carolina (Clymer, 1981). The

surficial sediments are composed of silty sands and clays which were

deposited during transgression, and subsequent regression of sea level.

These sediments include shallow marine, estuarine, and paludal deposits

of Upper Cretaceous age (Table I) (Clymer, 1981). A generalized geologic

cross-section of the southeast and southwest property areas are shown in

Figures 3 and 4. (Leggette, Brashears & Graham, 1986)

c. The groundwater flow across the Facility is defined

by a groundwater divide running approximately north-south through the Facility

property. The flow lines show the directions of water movement away from

this topographic and water table high area toward surface-water discharge

points at topographic low areas during high flow periods (Figures 1 & 6).

The two general directions of groundwater flow off the Facility

property are to the west-southwest and southeast in the horizontal plane.

It is known that there are zones of hydraulic interconnection in the

leaky aquifer system underlying the site (Aucott and Speiran, 1985). This

system includes the Black Creek and Middendorf Aquifers, which are considered

a single leaky artesian aquifer. The artesian aquifer system receives

recharge through downward leakage of water from the water-table aquifer.

Groundwater velocities in April 1982 were estimated by Koppers to range

from one to two feet per day in the westerly and southwesterly directions,

and 0.1 to 1.5 feet per day in the southeasterly and easterly directions.

7.a. The Respondent has a series of three surface impoundments, a sprayfield area and a drip track area (Figure 2). The Respondent

currently operates a wasteuater treatment process which separates light
-8- ! -w

and heavy oils in an oil/water separator. The reclaimed oil is returned

to the preservation process. The remaining wastewater flows through a

series of three surface impoundments for additional treatment. Any

remaining heavy oils and sludges settle out in the first lagoon. The

second lagoon is aerated to enhance biological treatment; the 3rd lagoon

holds the wastewater until approximately 35,000 gallons per day of effluent

is pumped from it onto the adjacent spray field. Each lagoon holds

approximately 1.1 million gallons and it is estimated that there is a 23-

day hydraulic retention through the three - lagoon system prior to land

spraying.

In addition the Respondent maintains a drip area where

treated wood is allowed to "drip-dry" after removal from the treatment

cylinders. Drippage collects here. A concrete drip pad, about 520 feet

long, is present along the western portion of the drip area (Figure 2).

Staining is evident on the surface soil along much of the length of this

area fron the treatment cylinders to the western portion of the drip

track area.

Frcm the results of Respondents Phase I Groundwater

Quality Investigation (June 1982) it was confirmed that groundwater

beneath parts of the Facility contained hazardous wastes and hazardous

constituents including creosoLe, pentachlorophenol (PCP) and polynuclear

aromatic hydrocarbons (PAHs). Table II is a partial listing of PCP,

total phenols, and PAH found during this investigation. Table II is

incorporated by reference and is fully set forth herein.

Respondent's Phase II Groundwater Quality Investigation (July

1983) confirmed previous indications that hazardous wastes and hazardous

constituents of wood-treatment chemicals Trcm the Respondent's Facility

we; e migrating off-site. They are migrating ir both a southeasterly and
I w i i U U '.

southwesterly direction away fron the groundwater divide which underlies

the Facility. The Phase II investigation identified 11 off-site monitoring

wells with evidence of hazardous constituents from wood treatment chemicals.

Table III is a partial listing of contaminants detected in selected off-site

private wells. Table III is incorporated by reference and is fully set forth

herein.

8.a. Since the horizontal movement of the groundwater at

the Facility is controlled by a groundwater divide which runs north-south

there is a potential for migration of hazardous waste and/or hazardous

constituents. Groundwater flow is southeasterly and southwesterly away

frcni the Facility. Offsite flow is in a two-directional fan shaped pattern.

b. Groundwater flow in the shallow aquifer zone tends

to direct contaminated water from the Facility to a creek west of the

Facility. Groundwater movement in the deeper aquifer zone flows under

the creek and further to the west. In addition, the aquifer system in

the South Carolina coastal plain consists of a series of leaky aquifers.

9. The hazardous constituents identified in Paragraph 5

and in Tables II and III pose a threat to human health or the environment.

They have the following characteristics:

Polynuclear Aromatic Hydrocarbons (PAHs) are easily

absorbed by all means of exposure. The most significant toxic effect

associated with PAHs is their potential carcinogenicity (cancer-causing

effect). Various PAHs as a group are known to be toxic, mutagenic,

teratogenic, and carcinogenic.

The Ambient Water Quality Criteria (AWQC) concentration for carcinogenic PAHs, which is based on the carcinogenic potency

of benzo(a)pyrene, is 3 ng/1 (0.003 ug/1). This PAH is one of the most

cannon and also the most hazardous. This concentration posfcc ar. idditirna.i

lifetime exposure cancer risk of 1 in 100,000. When multiple carcinogens
-10-

are present, as in this case, additivity of risks and individual

concentrations is assumed. Thus, in Well #14A (figure 5), sampled 02/07/83,

the concentration of carcinogenic PAHs benzo(a)anthracene, benzo(b,k)

fluoranthene, benzo(a) pyrene, and indeno (l,2,3-c,d) pyrene totalled

3.46 ug/1 as benzo(a)pyrene. This is 1153 times greater than the AVJQC

concentration of 0.003 ug/1.

The most prominent effect of chronic exposure to seme

PAHs is tumor formation. Benzo(a)pyrene has been demonstrated to induce

bronchia carcinona in humans. Mutagenic tests have yielded positive

results with certain conpounds, most notably benzo(a)pyrene. At the

Respondent's Facility, benzo(a)pyrene has been found in surface waters

on-site and in wells both on-site and off-site.

Pentachlorophenol (PCP) results in effects primarily on the

liver, kidneys, and central nervous system. Loss of appetite, respiratory

difficulties, anesthesia, sweating, and rapidly progressive coma have been

reported in humans exposed to PCP. The EPA ambient water quality criteria

for PCP is 1.01 mg/1 based on toxicity data and 0.03 mg/1 based upon

organoleptic data. EPA has proposed a Recommended Maximum Contaminant

Level of 0.22 mg/1. The Respondent has measured pentachlorophenol concentrations in well 114 of 1.8, 2.5 and 2.5 mg/1 at different times. This

is much higher than background levels.

10. Respondent's Facility is surrounded by a mixture of

industrial, commercial, residential, and transportational land use. The

Facility is bounded on three sides by woods. On the remaining side,

directly South, is the Seaboard Coast Line Railroad which includes a

large switching yard. South of the switching yard is a residential

development of about 100 hones identified as the Day Street neighborhood.
w

The closest residence to the Facility is within 100 yards west of the

Facility fence.

A new high school is about 2 miles from the Facility

and a new hospital is about 3-4 miles fron the Facility. The City of

Florence's Waterworks Pine Street and Ballard Street pumping wells are

approximately 4400 feet south of the Respondent's facility. This is the

public water supply for Florence (Figure 1).

11. Releases fron Respondent's facility are migrating

toward the City of Florence's pumping wells and threaten human health and/

or the environment, since they are in-line with the direction of movement of

the contaminated plume. The Pine Street and Ballard Street wells withdraw

aporoximately 1.2 and 0.3 mg/day respectively frcm this aguifer.

There is extensive groundwater contamination within the Day

Street neighborhood resulting fron the Respondent's facility. As a

result, the Respondent has voluntarily hooked up most of the cooperating

honeowners and residences to city water. Yet, there are two known residents

and possibly others directly offsite the Facility that use well water.

In addition, recovery wells have been installed in the southeast and

southwest corner of the plant site; these wells have not yet been placed

in recovery mode. This is a result of Keepers' delayed tie-in with the

City of Florence wastewater treatment system.

Monitoring and assessment activities in the upper 20-50

feet of the water zone have confirmed releases of hazardous wastes, or

hazardous constituents from the Facility to the groundwater at the site

(Malcolm Pirnie, August, 1985). With the downward migration of groundwater,

there is a high potential for continued contamination of deeper saturated

zones both on and off site.
12. The Waste Management Division Director, EPA Region IV,

has concluded that the actions ordered below are necessary to protect

hunan health and the environment.

V. CONCLUSIONS OF LAW AND DETERMINATIONS

Based on the Findings of Fact set above, and the

administrative record, EPA has made the following conclusions of law and .

determinations:

1. Respondent is a "person" within the meaning of Section 1004(15)

of RCRA, 42 U.S.C. §6903(15); and R.61-79.260 Subpart B of the

South Carolina Hazardous Waste Management Regulations (HWMR).

2. Respondent is the owner or operator of a facility that has

operated or is operating subject to Section 3005(e) of RCRA, 42

U.S.C. §6925(e).

3. Certain wastes and constituents thereof found at the facility are

hazardous wastes or hazardous constituents thereof as defined by

Section 1004(5) of RCRA, 42 U.S.C. §6903(5). These are also

hazardous wastes or hazardous constituents within the meaning of

Section 3001, of RCRA, 42 U.S.C §6921 and 40 CFR Part 261.

4. There is or has been a release of hazardous wastes and/or hazardous

constituents into the environment from Respondent's Facility.

5. The actions required by this Order are necessary to protect

human health and/or the environment.

VI. WORK TO BE PERFORMED

Pursuant to Section 3008(h) of RCRA, 42 U.S.C. §6928(h),

Respondent is hereby ordered to perform the following tasks in the

manner-and by the dat-=>s specified herein. All work undertaken pursuant

to this Order shall be performed in a manner consistent with, as a
-13-

i I U U

minimum, the EPA approved Interim Measures Plan (IM), the EPA approved

RCRA Facility Investigation Wbrkplan (RFI), Corrective Measures Study

(CMS), RCRA and its substantive implementing regulations, and applicable

EPA guidance documents such as the "RCRA Groundwater Monitoring Technical

Enforcement Guidance Document" (OSWER Directive 9950.1, September 1986)

and the "RCRA Facility Investigation (RFI) Guidance" (EPA/SW-87-001).

The Respondent shall follow the Community Relations Plan

contained in Attachment D. Attachment D to this Order is incorporated

by reference as if fully set forth herein.

INTERIM MEASURES (IM)

1. Within 20 days of the effective date of this Order,

Respondent shall submit to EPA and South Carolina Department of Health

and Environmental Control (SCDHEC) an IM Workplan for the implementation of

Interim Measures. The IM Wbrkplan and activities conducted pursuant to

this Order are subject to approval by EPA and SCDHEC and shall be performed

in a manner consistent with the IM Scope of Work in Attachment A to this

Order, which is incorporated by reference as if fully set forth herein.

The IM Workplan shall be developed in accordance with, at a minimum, RCRA,

its iirplementing regulations, and EPA guidance documents which EPA

determines to be relevant.

2. The IM Workplan shall ensure that the Interim Measures

are designed to mitigate a current or potential threat(s) to human health

or the environment and is consistent with and integrated into any long

term solution at the Facility. The IM Workplan shall document the

procedures to be used by the Respondent for the implementation of the

Interim Measures including: the objectives of the Interim Measures;

denfgn, construction, operation, monitoring and maintenance requirements;

and detailed schedules.
-14- ,. , r, ,-• • ,:

I u i i u u \ J

3. In accordance with Attachment A herein, the IM Workplan

will include: Interim Measures Objectives; Design Plans and Specifications

for the interim groundwater recovery and treatment system; Methodology and

Schedules for emplacement of the proposed monitoring wells; and Reporting

Require-ients.

4. In the event the Respondent identifies an additional

threat or potential threat to human health or the environment, the

Respondent shall notify EPA immediately, to be followed in writing within

10 days, summarizing the immediacy and magnitude of the potential threat

to human health or the environment and shall identify additional Interim

Measures which mitigate this threat and are consistent with and integrated

into any long term solution at the facility. Within 15 days of notifying

EPA, the Respondent shall submit to EPA an IM Workplan for approval.

RCRA FACILITY INVESTIGATION (RFI)

5. Within 90 days of the effective date of this Order,

Respondent shall submit to EPA and SCDHEC a plan for a RCRA Facility

Investigation (RFI). The RFI Workplan is subject to approval by EPA

and SCDHEC and shall be performed in a manner consistent with the RFI

Scope of Work contained in Attachment B. Attachment B to this Order is

incorporated by reference as if fully set forth herein. The RFI Workplan

shall be developed in accordance with, at a minimum, RCRA, its implementing

regulations, and EPA guidance documents which EPA determines to be relevant;

including but not limited to the Endangerment Assessment Handbook

(August, 1985).

6. The RFI WorKplan shall be designed to define the

.presence, magnitude, extent, directIOP, and rate of movement of any
-15- 1 ^

hazardous wastes or hazardous constituents within and beyond the Facility

boundary. The RFI WOrkplan shall document the procedures the Respondent

shall use to conduct those investigations necessary to: (1) characterize

the potential pathways of contaminant migration; (2) characterize the

source(s) of contamination; (3) define the degree and extent of

contamination; (4) identify actual or potential receptors; and (5) develop

alternative options to support EPA's selection of a corrective measure.

A specific schedule for implementation of all activities shall be

included in the RFI Workplan.

7. In accordance with Section VI herein, the RFI Wbrkplan

shall include: (1) a Project Management Plan; (2) a Data Collection

Quality Assurance Plan; (3) a Data Management Plan; (4) a Health and

Safety Plan; and (5) an Endangerment Assessment.

CORRECTIVE MEASURES STUDY (CMS)

8. Upon completion of the RCRA Facility Investigation,

the Respondent shall conduct a Corrective Measure Study in accordance

with CMS Scope of Work in Attachment C. Attachment C to this Order is

incorporated by reference as if fully set forth herein.

CORRECTIVE MEASURES IMPLEMENTATION (CMI)

If Respondent has complied with the terms of this Order,

after EPA's selection of the corrective measure to be implemented,

EPA shall provide a 90-day period for negotiation of an administrative

order on consent [or a judicial consent decree] for implementation of

the corrective measure. If agreement is not reached during this period,

EPA reserves all rights it has to implement ti^e ucrrective measure or

other remeuid response and to take ar.y oth.^r aop^opn'.ace actions under

RCRA, CERCLA 01 any other availabls legal authority, including issuance
-16- ' ~ ' '

of a unilateral administrative order directing Respondent to implement

the corrective measure.

SUBMISSIONS/AGENCY APPROVAL/ADDITIONAL WORK

9. Within 10 days of approval or modification by EPA

and SCDHEC of the Workplans, Respondent shall commence work and implement

the tasks required by the Workplans submitted pursuant to the Scope(s)

of Work contained in Attachments A, B, and C in accordance with the

standards, specifications and schedule stated in the Workplans as

approved or modified by EPA and SCDHEC.

10. Beginning with the month following the effective

date of this Order, Respondent shall provide EPA and SCDHEC with progress

reports for each month on the tenth day of the following month. The progress

reports shall be developed as specified in the Scopes of Work contained

in Attachment A,B, and C hereto.

11. Respondent shall provide draft and final Interim

Measure, RCRA Facility Investigation and Corrective Measure Study

reports to EPA and SCDHEC in accordance with the schedules contained in

this Order.

12. EPA, with primary approving authority, shall review

any draft or final submittals, and notify Respondent in writing of

EPA's approval or disapproval of the suhmittal or any part thereof. In

the event of any disapproval, EPA shall specify in writing the deficiencies

and reasons for such disapproval. Within 30 days of the receipt of

EPA's disapproval of any submittal, Respondent shall amend and submit a

revised submittal which EPA will approve or modify. The revised submittal

as approved or modified shall be deemed incorporated into and part cf

this Order.
. ! ; ;•• ' •

_T7_ ' '-' ' ! U u :

13. Four (4) copies of all documents, including

Workplans, preliminary and final reports, progress reports, and other

correspondence to be submitted pursuant to this Order shall be hand

delivered or sent by certified mail, return receipt requested, to the

Project Coordinator designated pursuant to Section XIII of this Order.

14. All work performed pursuant to this Order shall be

under the direction and supervision of a professional engineer and/or

professional geologist in the State of South Carolina with expertise in

hazardous waste site cleanup. On or before the effective date of this

Order, Respondent shall notify EPA and SCDHEC in writing of the name,

title, and qualifications of the engineer or geologist, and of any

contractors or subcontractors and their personnel to be used in carrying

out the terms of this Order.

15. EPA may determine,to protect human health or the environment,

that certain tasks, including investigatory work or engineering evaluation,

are necessary in addition to the tasks and deliverables included in the

Workplans. When new findings indicate that such additional work is

necessary, this additional work shall be deemed to be part of this Order.

EPA shall require the Respondent, in writing, to perform the additional

work in this situation and shall specify the basis and reasons for

EPA's determination that the additional work is necessary. Within 10

days after the receipt of such directive, Respondent shall have the

opportunity to meet with EPA to discuss the additional work EPA has

requested. Any additional work performed by Respondent under this

paragraph shall be performed in a manner consistent with this Order.
-18-

VII. QUALITY ASSURANCE

Throughout all sample collections and analysis activities,

Respondent shall use EPA-approved quality assurance, quality control,

and chain-of-custody procedures as specified in the approved workplans.

In addition, Respondent shall:

1. Ensure that laboratories used by Respondent for

analyses perform such analyses according to the EPA methods included in

"Test Methods for Evaluating Solid Waste (SW-846, November 1986) or

other methods deemed satisfactory by EPA. If methods other than EPA

methods are to be used, Respondent shall submit all protocols to be

used for analyses in the RFI Workplan.

2. Ensure that laboratories used by Respondent for

analyses participate in a quality assurance/quality control program

equivalent to that which is followed by EPA. As part of such a program,

and upon request by EPA, such laboratories shall perform analyses of

samples provided by EPA to demonstrate the quality of the analytical data.

•

If EPA deems the Lab unqualified then EPA may reject any analytical

data and results from that Lab.

3. Inform the EPA Project Coordinator 10 days in advance

which laboratories will be used by Respondent and ensure that EPA

personnel and EPA-authorized representatives have reasonable access to

the laboratories and personnel used for analyses.

4. Use the EPA guidance to evaluate all data to be used

in the proposed plans required by Section VI of this Order. This

evaluation shall be provided to EPA as part of the RFI/CMS Workplan

required by Section VI of t;u<? Order, and shall be updated as necessary.
-

19- i ^ , ; 0

VIII. PUBLIC COMMENT AND PARTICIPATION

1. Upon approval by EPA of a Corrective Measure Study

Final Report, EPA shall make the RCRA Facility Investigation Final

Report (or surmary of report), the Corrective Measure Study Final

Report (or summary of report) and a summary of EPA's proposed corrective

measure available to the public for review and cement for at least

twenty-one (21) days.

2. Following the public review and cement period, EPA

shall notify Respondent which corrective measure is selected by EPA.

If the corrective measure recommended in the Corrective Measure Study

Final Report is not the corrective measure selected by EPA after

consideration of public Garments, EPA shall inform Respondent in writing

of the reasons for such decision.

IX. ON-SITE AND OFF-SITE ACCESS

1. EPA and/or any EPA representative, including EPA

contractors, and SCDHEC are authorized to enter and freely move about

all property at the Facility for the purposes of, inter alia; interviewing

Facility personnel and contractors; inspecting records, operating logs,

and contracts related to the Facility; reviewing the progress of the

Respondent in carrying out the terms of this Order; conducting such

sampling and tests as EPA or its representative deems necessary; using

a camera, sound recording, or other documentary type equipment; and

verifying the reports and data submitted to EPA by the Respondent. The

Respondent shall permit such persons to inspect and copy all records,

files, photographs, documents, and other writings, including ail sampling
-20- ' - . - n, , ..

1 w ! I U L i. !

and monitoring data, that pertain to work undertaken pursuant to this

Order, and shall comply with all approved health and safety plans.

2. To the extent that work required by the Workplan must

be done, on property not owned or controlled by Respondent, Respondent

will use its best efforts to obtain site access agreements from the

present owner(s) on such property within 10 days of approval of the

Workplan. Any such access agreement shall be incorporated by reference

into this Order. In the event that agreements for site access are not

obtained within 30 days of the effective date of this Order, Respondent

shall notify EPA in writing regarding both the lack of and its failure

to obtain such agreements within 10 days thereafter.

3. Nothing in this section limits or otherwise effects EPA's

right to access and entry pursuant to applicable law, including RCRA and CERCLA.

X. SAMPLING AND DATA/DOCUMENT AVAILABILITY

1. Respondent shall submit to EPA and SCEHEC all

results of sampling, tests, or other data generated by or on its behalf

with respect to the implementation of this Order in the monthly progress

reports described in Section VI of this Order.

2. Respondent shall notify EPA and SCDHEC at least 5

days before engaging in any field activities such as any well drilling,

installation of eguipment, or sampling. At the reguest of EPA, Respondent

«

shall provide to EPA or allow EPA or its authorized representative to take

split samples of all samples collected by Respondent pursuant to this

Order. Similarly, at the recruest of Respondent, EPA will allow Respondent

or 5ts authorized representatives to take split or duplicate samples of

all coM^cted by F?A under this Order. EPA shall notify Rosoondent at

least i'J days 'before conducting any sampling und-_-r tJ-us
-21-

3. All information and data shall be available to the

public except to the extent that it is confidential business information.

Disputes over confidentiality shall be covered by 40 CFR Part 2. Sampling

data shall not be deemed confidential.

XI. RECORD PRESERVATION

Respondent shall preserve, during the pendency of this

Order and for a minimum of 6 years after its termination, all data,

records and documents in its possession or which cone into its possession

or in the possession if its divisions, officers, directors, employees,

contractors, agents, successors and assigns which relate in any way to

this Order or to hazardous waste management and/or disposal at the

Facility. Respondent shall then make such records available to EPA for

inspection or shall provide copies of any such records to EPA. Respondent

shall notify EPA 30 days prior to the destruction of any-such records

and shall provide EPA with the opportunity to take possession of any such

records prior to destruction.

XII. PROJECT COORDINATOR

1. Within (10) days of the effective date of this Order,

EPA and Respondent shall each designate a Project Coordinator. Each

Proiect Coordinator shall be responsible for overseeing the implementation

of this Order. The EPA Project Coordinator will be EPA's designated

representative at the Facility. All ccmnunications between Respondent and

EPA, and all documents, reports, aprrrvals, and othsr correspondence

concerning the activities performed pursuat.t totthe terms and conditions

of this OrrV^r shall bp directed tb.rt-ugh the Prol^ch Coordinators.
-22-

2. Respondent shall provide EPA at least 10 business days

written notice prior to changing Proiect Coordinators.

3. If EPA determines that activities in compliance or

nonccntpliance with this Order, have caused or may cause a release of:

hazardous waste or hazardous constituents, a hazardous substance,

and/or a pollutant, or contaminant, or a threat to the public health

or to the environment, EPA may order Respondent to stop further implementation

of this Order for such a period of time as may be needed to abate any

such release or threat and/or undertake any action which EPA determines

is necessary to abate such a release or threat.

4. The absence of the EPA Proiect Coordinator from the

Facility shall not be cause for the stoppage of work.

XIII. NOTIFICATION

Unless otherwise specified, reports, correspondence, approvals,

disapprovals, notices or other submissions relating to or reouired

under this Order shall be in writing and shall be sent to:

1) Two copies of all documents to be submitted to the

U.S. EPA should be sent to: Allan E. Antley, Chief

Waste Compliance Section

Residuals Management Branch

US EPA, Region IV

345 Courtland Street, N.E.

Atlanta, Georgia 30365

Two copies of all documents to be submitted to SCDHEC

should be sent to: Hartsill W. Truesdale

Bureau of Solid and Hazardous

Waste Management

South Carolina Department of

Health and Environmental Control

" 2600 Bull Street

Columbia, South Canx'ina 2r2(":l
-23-

2) Documents to be submitted to the Respondent should be

sent to: James L. Wilmoth

Koppers Co., Inc.

P.O. Box 1725

Florence, South Carolina 29503

XIV. PENALTIES FOR INCOMPLIANCE

The failure or refusal to carry out the terms of this

Order in a manner deemed satisfactory subjects Respondent to a civil

penalty in an amount not to exceed $25,000 for each day of noncompliance

with this Order in accordance with Section S3008(h) of RCRA, 42 U.S.C.

S6928(h).

XV. RESERVATION OF RIGHTS

1. This Order shall not be construed as a waiver or limitation

of any rights, remedies, powers and/or authorities which EPA has under RCRA,

CERCLA, or any other statutory or common law enforcement authority of the

United States of America.

2. EPA hereby reserves all of its statutory and regulatory

powers, authorities, rights, remedies, both legal and equitable, which

may pertain to Respondent's failure to comply with any applicable laws and

regulations and with any of the recruirements of this Order, including but

not limited to, the right both to disapprove of work performed by the

Respondent and to request that Respondent perform tasks in addition to

those stated in the Workplans, the right to perform'any portion of the work

herein or any additional site characterisation, studies, and response/

corrective actions as it deems necessary, the authority to undertake

removal actions or remedial actions, the right to so?>k reiiiiburstrmpnt from
-24-

from Respondent for such additional costs incurred by the United States,

and the right to take additional enforcement action pursuant to §3008(h)

should the Agency determine that such actions are warranted.

3. Compliance by Respondent with the terms of this

Order shall not relieve respondent of its obligation to ccmply with

RCRA or any other applicable State or Federal law or regulation including

without limitation, any conditions of a permit issued under RCRA or any '

other applicable State or Federal law or regulation.

XVI. OTHER CLAIMS AND PARTIES

Nothing in this Order shall constitute or be construed

as a release from any claim, cause of action or demand in law or eguity

against any person, firm, partnership, or corporation not named in

this Order for any liability it may have arising out of or relating

in any way to the generation, storage, treatment, handling, transportation,

release, or disposal of any hazardous constitutents, hazardous substances,

hazardous wastes, pollutants, or contaminants found at, taken to, or

taken from the Facility.

XVII. OTHER APPLICABLE LAWS

All actions reguired to be taken pursuant to this Order

shall be undertaken in accordance with the reguirements of all applicable

local, state, and federal laws and regulations. Respondent shall obtain

or cause its representatives to obtain all permits and anprovalc

necessary under such laws and regulations.
-25- I -

• •

. *

XVIII. INDEMNIFICATION OF THE UNITED STATES GOVERNMENT

Respondent shall indemnify and save and hold harmless

the United States Government, its agencies, departments, agents, and

employees, fron any and all claims or causes of action arising fron or

on account of acts or emissions of Respondent or its agents, independent

contractors, receivers, trustees, and assigns in carrying out activities

reouired by this Order. This indemnification shall not be construed in

any way as affecting or limiting the rights or obligations of Respondent

or the United States under their various contracts. EPA is not a party

to any contract involving the Respondent at the Facility.

XIX. FINANCIAL ASSURANCE

1. Within sixty (60) calendar days of the effective

date of this Order, Respondent shall present to EPA and SCCHEC for

review and approval a summary and analysis of Respondent's existing

instruments for financial assurance provisions of SCEHEC regulations

corresponding to 40 CFR §§265.143 and 265.145, and/or any other

instruments that have been provided previously by Respondent for any

purpose related to liability coverage, closure, and post-closure care

of its Facility. Respondent shall also provide a copy of each instrument

for which a summary and analysis is being provided in accordance with

this Section XIX. The analysis shall describe clearly; but shall not

he limited to, the following items:

a. The nature and extent to which these instruments are

available for access by the Regional Administrator of EPA for the

purpose of ensuring the completion of all requirements established

pursuant to this Order, including all Tasks described in the Attachment?

;

hereto, and
-26-

h. Precise dollar amounts that are available to EPA, and

schedules for their availability, for the above-stated purposes. The

amount of funds available through these instruments must be no less

than the sum of funds that would be available if a separate mechanism

had been established and maintained for the financial assurance of

closure, post-closure, liability coverage, and the actions required

under this Order.

2. EPA and SCDHEC shall review the sutmittal and EPA

shall provide notice to the Respondent as to the adequacy of its existing

financial assurance measures for the above-stated purposes, and shall

indicate therein what additional financial assurances, if any, must be

provided by Respondent to ensure compliance with the terms of this

Order.

3. Within thirty (30) days of Respondent's receipt of a

notice fran EPA that Respondent's financial assurance measures are

inadequate, Respondent shall establish an irrevocable standby letter of

credit or shall otherwise provide (per 40 CFR §265.143) additional financial

assurances according to the terms provided in said notice. Such additional

financial assurance measures shall be available to EPA to perform such terms

or conditions established pursuant to the Order, provided that prior to

drawing upon any such assurance measure, EPA shall notify the Respondent

in writing of its alleged failure to perform the reguirements of this

Order and provide Respondent with a resonable time period of not less

than fifteen (15) calender days within which to remedy the alleged

nonne rformance.

4. This Order in no way negates Respondent's

obligation to establish and/or maintain financial assurance for

closuie and post-closure care under 40 CFR §§265.143 and 265.145.
-27- I w i i u u •_ ':•

XX. SUBSEQUENT MODIFICATION

1. This Order may be amended. Such amendments shall be

in writing, shall have as their effective date the date on which they

are signed by EPA, and shall be incorporated into this Order.

2. Any reports, plans, specifications, schedules, and

attachments required by this Order are, upon approval by EPA, incorporated

into this Order. Any non-canpliance with such EPA-approved reports,

plans, specifications, schedules, and attachments shall be considered a

violation of the requirements of this Order and shall subject Respondent

to the penalty provisions included in Section XIV of this Order and

other sanctions.

3. No informal advice, guidance, suggestions, or comments

by EPA regarding reports, plans, specifications, schedule and any other

writing submitted to Respondent will be construed as relieving of

Respondent's obligation to obtain written approval, if and when required

by this Order.

XXI. SFVERABILITY

If any provision or authority of this Order or the application of this Order to any party or circur^tances is held by any judicial

or administrative authority to be invalid, the application of such

provisions to other parties or circumstances and the remainder of the

Order shall remain in force and shall not be affected thereby.

XXII. TERMINATION AND SATISFACTION

The provisions of this Order shall be deemed satisfied upon

Respondent's receipt of written notice from EPA that Respondent has demonstrated,

to the satisfaction of EPA, that the terms of this Order, including any
-28-

additional tasks which Respondent is ordered to undertake, have been

satisfactorily completed. EPA shall issue such notice after receipt of

notice by Resoondent that it has completed the requirements of the Order.

XXIII. NOTICE OF OPPORTUNITY TO REQUEST A HEARING

In accordance with Section 3008(b) of RCRA, 42 U.S.C.

$6928(b), the Initial Administrative Order shall become final unless

Respondent files an answer and reouests a public hearinq in writing no

later than thirty (30) days after service of the Initial Administrative

Order and Notice of Opportunity for Hearinq.

(a) The answer and request for hearing must be filled with:

Regional Hearing Clerk

345 Courtland Street, N.E.

Atlanta, Georgia 30365

A ccoy of the answer and request for hearing and copies

of any subsequent documents filed in this action should be sent to

Office of Regional Counsel, at the same address. The answer must

explain each factual allegation that is contested and for which the

hearing is requested, with specificity, raising all issues regarding

appropriateness of the terms of the Order including any proposals for

modifications of the Order. Respondent must also submit affidavits and

exhibits that support any of its allegations, claims or defense at the

time that it files an answer. Any hearings on the Order will be

conducted in accordance with the attached provisions.

(b) Respondent's failure to file a written notice and

reouest a hearing within thirty (30) days of service of this Order and

Notice of Opportunity for Hearing will constitute a binding admission

of £il allegations contained in the Ordor and a waiver of Respondent's

right to a hearing.
-29-

XXIV. SETTLEMENT CONFERENCE

Whether or not Respondent requests a hearing, an informal

conference may be requested in order to discuss the facts of this case

and to arrive at settlement. To request an informal conference contact:

R. Wayne Lee

Office of Regional Counsel

EPA, Region IV

345 Courtland Street

Atlanta, Georgia 30365

A request for an informal conference does not extend the

thirty (30) day period during which a written answer and request for a

hearing must be submitted. The informal conference procedure may be

pursued simultaneously with the adjudicator^ hearing procedure.

XXV. EFFECTIVE DATE

This Order shall become effective thirty (30) days after it

is served unless Respondent requests a public hearing pursuant to RCRA

Section 3008(b), 42 U.S.C. §6928(b).

IT IS ORDERED:

BY:_ ^

U.S. Environmental Protection Agency X'VX Date

Effective Date:
System

Quatcrn.ir','

Series

Pleistocene

Formation

Terrace Deposits

Description

Light-gray, tan, orange, red

and black clay interbedded with

sand and gravel. Deposits form

a thin cover over greater portion of Coastal Plain.

ffydrologic Characteristics

When present, comprises shallow, unconfined to semi-confined aquifer system.

Probably will yield sufficient water

for domestic use. The water is generally hard, acidic, and contains high

iron.

Peedee Dark-green to gray, micaceous,

glauconitic, argillacious sand

interbedded with impure limestone and massive dark clays.

Deposits under open marine

conditions, probably at depths

of not less than 100 fathoms.

Artesian aquifer. Yields are highly

variable, but should supply enough

water for domestic and light industrial purposes* Water quality is

also variable, but-is considered

poor at the coast with high concentrations of iron, calcium,

magnesium, and hydrogen sulfide.

Cretaceous Upper

Cretaceous

Black Creek Dark-gray to black, laminated

lignitic clays interbedded

with white-to-gray phosphatic,

glauconitic sand. Deposited

in shallow marine, estaurine,

and paludal environments.

Major artesian aquifer. Wells yield

sufficient quantities to serve small

public water systems. Often utilized

with multi-aquifer well screens.

•Water quality is generally good, but

locally has high Iron and flooride.

Middendorf Gray, buff, and red, arkosic,

cross-bedded sand and gravel,

interbedded with lenses of

white and purple clay and

kaolin. Mixed continental

and marine environment characterized by fluvial, deltaic,

and littoral deposits.

Major artesian aquifer. -Large

diameter wells yield sufficient

quantities (up to 2000 gpm) to

supply municipal systems. The

water is slightly acidic, and often

high in iron* overall good quality.

Contains saline water in Horry and

Georgetown Counties.

c..

Table I. Stat1graph1c units of the Middle Coastal Plain of South Carolina, Florence County,

Description from Johnson, 1964)
Well No.(and depth

B82 in f*et)

Pentachlorophenol

(PCP)

Total Phenols polynuclear Aronatic

Hydrocarbons (PAHs)

3 (22) 3/16/82

4/26/82

6A (24) 3/16/82

4/26/62

3/16/82

8 (22) 3/16/82

4/26/82

11 (22) 3/16/82

4/26/82

14A (21) 3/16/82

4/26/82

17 (22) 3/16/82

4/27/82

0.13

0.14

0.53

0.54

0.031

0.25

0.38

2.1

2.5

0.83

1.8

0.66

1.2

0.087

0.102

0.68

0.144

0.094

16.9

6.9

4.85

2.08

5.24

28.4

•0.93

0.85

7.090

15.360

7.830

8.880

9.830

8.080

4.660

5.420

*9800 '5.2 •830.0

All concentrations are in mg/1

•. •' * •

*Sarpled at Recipient's property line at a depth of 20 feet. This information

was obtained frba Rappers' Exposure Information Report, August 1985.

•- Denotes no available analytical data.

Table II. Analytical Results from on-site wells.

(From L.B.G., Inc.).
Well No. Date Sailed Phenols Naphthalene Pentachlorcphenol Ttotal PAHs

2

3

4

6

9

21

24

25

32

. 1/03/83

4/12/83

1/03/83

2/08/83

1/03/83

2/08/83

1/03/83

2/08/83

1/04/83

1/04/83

1/04/83

4/12/83

4/12/83

4/13/83

*

*

0.04

•

0.03

•

\

0.25 - *

0.1

0.02

0.04

.006

0.2

*

*

*

0.120

*

0.64

9.20

*

*

75.0

.055

.07

0.0011

*

•'

0.001

*

*

0.001

0.0015

0.0045

*

0.0029

*

0.066

0.03

•

0.026

0.17

7.4

*

*Denotes concentration less than detection limits.

—Denotes no available analytical data

All concentrations are in mg/1

Table III. Analytical results fron selected off-site private wells,

(From L.B.G., Inc.).
CTTY OF FLORENCE

Figure 1. Location of major water-supply wells within 3 miles of the facility.

(from Leggette, brashears and Graham, Inc., 1986)
GENERATION AND STORAGE

ANEA S . .

APPROXIMATE LOCATION

Figure 2. Site Map with Location of RCRA units

and SWMU's.
I ! U

F-: oure ?a: (INSET) Location of PCRA units and SHMU's.
ffi M illiiji;; :

l

1

\

!

:|'1

V

w^

'i1!

1

!

1

I'l'ji j

WN

1

•:!•!;!;!

I

1

i

 ll

-J 5 5

^ t• •!

l H I $ ;

t i 5 1

e ^

"

o

«/)

QJ

O.

O.

IS)

I/)

a

1

CD

M0i3e
'HV

r

l

i

'

n

b

«i

•

i

/

/

/

1

;

:

.

:

.'-1!'!!ii

2

33Vab0 6

e

C9

•

ca

o

o

0)

Ot

D.

O

«£

C

O

(J

OJ

V)

CO

O

u

*&

o

*0

<D

O)

^

O)

10

Qi

I

V.OT3B
KOPPERS COMPANY. INC.

FOREST PRODUCTS GROUP

FLORENCE. SOUTH CAROLINA

Figure 5. Elevation of the water table 1n the 20 foot depth zone Oct. 29. 1985. Hell Locations.
KCI FACUITYB83-*

•»M9fllH*Tt l«H» MUTACt

•MM.tow •*•• • ei»T tent

, MMMl

KOPPERS COMPANY. INC.

FOREST PRODUCTS OROUP

FLORENCE. SOUTN CAROLINA

CONCEPTUALIZED CROSS SECTIONAL FLOW DIAGRAM

-•ISO

128

too

>_

o

80

o

SHORIZONTAL SCALE

VERTICAL SCALE

• *•

rttt

•••nWMIB^V^

Figure 6. Conceptualized cross section flow diagram. (From L.B.G., Inc., 1986)
ATTACHMENT A

Scope of Work for the Implementation of Interim Measures

At

Koppers Company, Inc.
! ^ i i I.. L

Scope of Work for the Implementation of Interim Measures

At

Koppers Company, INC

Purpose

Interim Measures are implemented so as to mitiqate a potential threat to

human health and the environment. Interim Measures must be consistent with

and integrated into any long term solution at the facility.

The Interim Measures to be implemented at the Facility consist of the

following tasks:

Task I: Implementation of Interim Measures

A. Interim Measures Workplan

B. Interim Ground-Water Control System

C. Well Emplacement

D. Reports

Task I; IMPLEMENTATION OF INTERIM MEASURES

The Respondent shall submit a workplan which includes the plans and

specification for the implementation of a interim groundwater recovery and

treatment program and emplacement of monitoring wells downgradient of the

Facility.

A. Interim Measures Work Plan

The Work Plan shall include:

1. Objectives of the interim measures: how the measure is mitigating a

potential threat to human health and the environment and is consistent

with and integrated into any long term solution at the facility;

2. Design, construction, operation, maintenance and monitoring requirements

of the interim groundwater recovery and treatment system;

3. Detailed, step by step methodology and schedules for the emplacement

of the proposed monitoring wells.

B. Interim Ground-Water Control System

Respondent shall implement an interim groundwater control system designed

to control the downgradient migration of hazardous constituents detected

in the groundwater monitoring system. The interim groundwater control

system will include the removal of qroundwater from the CERCLA placed

recovery wells (TRW-1, TRW-2s, TRW-2d) at the downgradient edge of the

facility. Thp purpose of this interim measure is to initiate groundwater

recovery in areas that have shown contamination.
_ 2 - ' o i i U ^

Respondent shall employ a tenporary wastewater treatment system if a

permanent one is not available, that renders the recovered groundwater

non-hazardous. Respondent shall construct/implement the treatment program

immediately upon receiving written approval from EPA and SCDHEC. Ihe Respondent

shall design and operate the treatment program so as to minimize the impact

on the environment (e.g. releases to the atmosphere), and to operate in

compliance with all applicable Federal, State and Local laws and regulations.

In the event Respondent is not able to construct the temporary wastewater

treatment system in the time frame stipulated in the Facility Submission

Summary, then Respondent shall dispose of extracted groundwater offsite.

The selected treatment and/or disposal facility must be in compliance

with all applicable Federal, State and Local laws and regulations.

C. Well Emplacement

Respondent shall install three (3) monitoring wells or well clusters,

screened at depths most appropriate to intercept contaminant migration,

south of Palmetto Street (Hwy. 76/301) and southwest of the Koppers

Facility (i.e. between the Pine Street Well and the Koppers Facility).

Criteria for determining appropriate screen depths should include but

not be limited to, determination of zones of higher conductivity and

storage capacity for water soluble constituents, and determination

of top of bedrock or lower zones of increased conductivity for immicible

constiuents. A plan for these wells must be submitted for approval by

EPA and SCDHEC.

D. Reports

The Respondent shall prepare plans, specifications, and reports as set

forth in Task I to document the design, construction, operation,

maintenance and monitoring of the interim measures. The documentation

shall include, but not be limited to the following:

1. Progress

The Respondent shall at a minimum provide the EPA with signed, monthly

progress reports containing:

a. A description and estimate of the percentage of the IM completed;

b. Summaries of all findings;

c. Summaries of all changes made in the IM during the reporting period;

d. Summaries of all contacts with representatives of the local

community, public interest groups or State government during the

reporting period;

e. Summaries of all problems or potential problems encountered during

the reporting periods;

f. Actions being tokw to rectify oroblems;

g. Change in personnel during th^ reporting period;
__ i \j i i U '.. -(

h. Projected work for the next reporting period; and

i. Copies of daily reports, inspection reports, laboratory/monitoring

data, etc.

Drafts

a. The Respondent shall submit a draft Interim Measure Work Plan as

outlined in Task I-A;

b. At the completion of the monitoring well installation, the

Respondent shall submit an Interim Measures Implementation Report

to the EPA and SCDHEC. The Report shall document that the

project is consistent with the design specifictions, and that the

interim measures are performing adequately. The Report shall

include, but not be limited to the following elements:

i) Synopsis of the interim measures and certification of the

design and construction?

ii) Explanation of any modifications to the plans and why these

were necessary for the project;

iii) Listing of the criteria, established before the interim

measures were initiated, for judging the functioning of

the interim measures and also explaining any modification

to these criteria;

iv) Results of facility monitoring, indicating that the interim

measures will meet or exceed the performance criteria; and

v) Explanation of the operation and maintenance (including

monitoring) to be undertaken at the facility.

This report shall include the inspection sum-nary reports,

inspection data sheets, problem identification and corrective measure

reports, block evaluation reports, photographic reporting data sheets,

design engineers' acceptance reports, deviations from design and

material specifications (with justifying documentation) and as built

drawings.

Final

The Respondent shall finalize the Interim Measures Work Plan and the

Interim Measures Implementation Report incorporating comments received

from EPA and SCDHEC on draft submissions. The plan and report will

become final upon EPA approval.
-4-

Facility Submission Summary

A summary of the information reporting requirements contained in the Interim

Mearsures Scope of Work is present below:

Facility Submission Due Date*

Submit Wbrkplan:

- objectives, interim groundwater

recovery specifications, well

emplacement methodology and

schedules.

Complete construction of interim

ground-water recovery and treatment

system and begin operation.

Complete installation of 3 monitoring

wells South of Palmetto Street.

Draft IM Report

Final IM Report

Progress Reports

20 days

from the effective date

of this Order.

40 days

from approval of

IM Workplan.

45 days

from approval of

IM Workplan

| Upon completion of installation

1 of.c3 nonitortaiT'w ells stated above.

15 days after EPA comments

on Draft IM Report

MONTHLY

*A11 dates are calculated from the date of EPA approval of the IM Wbrkplan

unless otherwise specified.
ATTACHMENT B

SCOPE OF WORK FOR A RCRA FACILITY INVESTIGATION (RFI)

AT

KOPPERS COMPANY, INC.
-1-

SCOPE OF WORK FOR A RCRA FACILITY INVESTIGATION (RFI)

Al

KOPPERS COMPANY, INCORPORATED

PURPOSE

The purpose of this RCRA Facility Investigation is to determine the

nature and extent of releases of hazardous waste or constituents from

regulated units, solid waste management units, and other source areas

at the facility and to gather all necessary data to support the Corrective

Measures Study. The Respondent shall furnish all personnel, materials,

and services necessary for, or incidental to, performing the RCRA

Facility Investigation at Koppers Company, Incorporated.

The Respondent shall prepare plans and conduct investigations that

satisfy the tasks listed below, which are more specifically developed in

the following pages. Such plans and investigations shall be submitted

pursuant to the "Scope of Work" found at Section VI.

SCOPE

The RCRA Facility Investigation consists of seven tasks:

Task I: Description of Current Conditions

A. Facility Background

B. Nature and Extent of Contamination

C. Implementation of Groundwater Recovery

Task II: Pre-Investigation Evaluation of Corrective Measure Technologies

Task III: RFI Workplan Requirements

A. Project Management Plan

B. Data Collection Quality Assurance Plan

C. Data Management Plan

D. Health and Safety Plan

E. Cormunity Relations Plan

F. Endangerment Assessment

Task IV: Facility Investigation

A. Environmental Setting

B. Source Characterization

C. Contaminent Characterization

D. Potential Receptor Identification

Task V: Investigation Analysis

A. Draft and Final Report

B. Protection Standards

Task VI: Laboratory and Bench-Rcale Studies

Task VII: Reports *

A. Preliminary and Werkplan

B. Progress

C. Draft and Final
-2-

Task I; Description of Current Conditions

The Respondent shall submit for EPA approval a report providing the background

information pertinent to the facility, contamination and interim measure as

set forth below. The data gathered during any previous investigations or

inspections and other relevant data shall be included.

A. Facility Background

The Respondent's report shall sunmarize the regional location, pertinent

boundary features, general facility physiography, hydrogeology, and

historical use of the facility for the treatment, storage or disposal of

solid and hazardous waste. The Respondent's report shall include:

1. A map for each item listed below:

NOTE: The north arrow must point to the top of the page.

a. General geographic location;

b. General cross-sectional map

c. Property lines, with the owners of all adjacent property clearly

indicated;

d. Topography (with a contour interval of ten (10) feet with 5 foot

supplimentals, and a scale of 1 inch = 100 feet), waterways, all

wetlands, floodplains, water features, drainage patterns, and

surface-water containment areas;

e. A soil survey map of the entire site with a scale of 1 inch =

100 feet;

f. All tanks, building, utilities, paved areas, easements,

rights-of-way, and other features within the property boundaries;

g. All solid or hazardous waste treatment, storage or disposal areas

active after November 19, 1980;

h. All known past solid or hazardous waste treatment, storage or

disposal areas regardless of whether they were active on

November 19, 1980;

i. All known past and present product and waste underground tanks

or piping;

j. Surrounding land uses (residential, commercial, agricultural,

recreational); and

k. The location of all production, recovery and groundwater monitoring wells, including but not limited to RCRA and CERCLA wells.

These wells shall be clearly labeled with ground and top of

casing elevations included (these elevations may be included as

an attachment).

1. Areal photographs of the entire facility one normal light ^n>1 one

infra-red.
~

3 ~ ' i o i i U u 4. '

All maps shall be consistent with the requirements set forth in

40 CFR §270.14 and be of sufficient detail and accuracy to locate

and report all current and future work performed at the site;

all north arrows should be perpendicular to the edge of the page;

2. A history and description of ownership and operation and solid

and hazardous waste generation, treatment, storage and disposal

activities at the facility;

3. Dates or periods (subsequent to November 1980 and to the extent

known or otherwise ascertainable for periods prior thereto) of

past product and waste spills, identification of the hazardous

wastes and hazardous waste constituents spilled, the amount

spilled, the location where spilled, and a description of the

response actions conducted (local, state, or federal response

units or private parties), including any inspection reports or

technical reports generated as a result of the response; and

4. A summary of past permits requested and/or received, any

enforcement actions and their subsequent responses and a list

of documents and studies prepared for the facility.

B. Nature and Extent of Contamination

The Respondent shall prepare and submit for EPA and SCDHEC approval a

preliminary report describing the existing information on the

nature and extent of contamination at or from the facility.

1. The Respondent's report shall summarize all possible source areas of

contamination. This, at a minimum, shall include all regulated

units, solid waste management units, spill areas, and other suspected

source areas of contamination. For each waste management unit, the

Respondent shall submit to EPA and SCDHEC a list identifying all

waste streams and waste materials subject to storage, treatment, or

disposal in each waste management unit. The list shall include all

wastes destined for the unit, whether it is hazardous or nonhazardous.

At a minimum, the Respondent shall identify the following:

a. Location of unit/area (which shall be depicted on a facility

map);

b. Quantities of solid and hazardous wastes;

c. Hazardous waste or constituents, to the extent known; and

d. Identification of areas where additional information is

necessary.

2. The Respondent shall prepare an assessment and description of the

existing degree and extent of contamination at or from the facility.

This should include:

a. Available monitoring data and qualitative information on locations and levels of contamination at the facility, including

both an areal and cross-sectional view of p'ume .->xteri«- (define a

zero line);
-4-

b. An Endangerment Assessment Report as outlined in Task III.

c. A minimum of three cross-sectional maps with at least 2 of the

transects at right angles to each other delineating local geology,

with plume extent super-imposed (define a zero line for plume).

d. All potential migration pathways including information on

geology, pedology, hydrogeology, water quality, meterology,

and air quality; and

e. The potential impact(s) on human health and the environment,

including demography, ground water and surface water use, and

land use, including sampling of local city wells.

TASK II; PRE-INVESTIGATION EVALUATION OF CORRECTIVE MEASURE TECHNOLOGIES

Prior to starting the facility investigation, the Respondent shall submit

to EPA a report that identifies the potential corrective measure technologies

that may be used on-site or off-site for the containment, treatment, remediation, and/or disposal of contamination. This report shall also identify any

field, laboratory, bench or pilot scale data that needs to be collected in

the facility investigation to facilitate the evaluation and selection of the

final corrective measure or measures (e.g., compatibility of waste and construction materials, information to evaluate effectiveness, treatability of

wastes, etc.).

TASK III; RFI WORKPLAN REQUIREMENTS

The Respondent shall prepare a RCRA Facility Investigation (RFI) workplan.

This RFI Workplan shall include the development of several plans, which

shall be prepared concurrently. During the RCRA Facility Investigation,

it may be necessary to revise the RFI Workplan to increase or decrease

the detail of information collected to accomodate the facility specific

situation. The RFI Workplan includes the following:

A. Project Management Plan

The RFI Workplan shall contain a Project Management Plan which shall
-5-

include a discussion of the technical approach, schedules, budget,

and personnel. The Project Management Plan shall also include a

description of gualifications of personnel performing or directing

the RFI, including contractor personnel. This plan shall also

document the overall management approach to the RCRA Facility

Investigation.

B. Data Collection Quality Assurance Plan

The RFI Workplan shall include a plan to document all monitoring

performed during the investigation to characterize the environmental

setting, source, and contamination, so as to ensure that all

information, data and resulting decisions are technically sound,

statistically valid, and properly documented.

1. Data Collection Strategy

The strategy section of the Data Collection Quality Assurance

Plan shall include but not be limited to the following:

a. Description of the intended uses for the data, and the

necessary level of precision and accuracy for these intended

uses;

b. Description of methods and procedures to be used to assess

the precision, accuracy and completeness of the measurement

data;

c. Description of the rationale used to assure that the data

accurately and precisely represent a characteristic of a

population, parameter variations at a sampling point, a process

condition or an environmental condition. Example of factors

which shall be considered and discussed include:

i) Environmental conditions at the time of sampling;

ii) Number of sampling points;

iii) Representativeness of selected media; and

iv) Representativeness of selected analytical parameters.

d. Description of the measures to be taken to assure that the

following data sets can be compared to each other:
i) RFI data generated by the Owner/Operator over seme

time period;

ii) RFI data generated by an outside laboratory or

consultant versus data generated by the Owner/Operator;

iii) Data generated by separate consultants or laboratories;

and

iv) Data generated by an outside consultant or laboratory

over some time period.

e. Details relating to the schedule and information to be

provided in quality assurance reports. The reports should

include but not be limited to:

i) Periodic assessment of measurement data accuracy, precision,

and completeness;

ii) Results of performance audits;

iii) Results of system audits;

iv) Significant quality assurance problems and recommended

solutions, and

v) Resolutions of previously stated problefms.

2. Sampling

The Sampling section of the Data Collection Quality Assurance

Plan shall discuss:

a. Selecting appropriate sampling locations, depths, etc.;

b. Providing a statistically sufficient number of sampling sites;

c. Measuring all necessary ancillary data;

d. Determining conditions under which sampling should be conducted;

e. Determining which media are to be sampled (e.g., ground water,

air, soil, sediment, etc.);

f. Determining which parameters are to be measured and where;

g. Selecting the frequency of sampling and length of sampling

. . period;
-7-

h. Selecting the types of sample (e.q., composites vs. grabs)

and number of samples to be collected;

i. Measures to be taken to prevent contamination of the sampling

equipment and cross contamination between sampling points;

j. Documenting field sampling operations and procedures, including;

i) Documentation of procedures for preparation of reagents

or supplies which become an integral part of the

sample (e.g., filters, and adsorbing reagents);

ii) Procedures and forms for recording the exact location

and specific considerations associated with sample

acquisition;

iii) Documentation of specific sample preservation method;

iv) Calibration of field devices;

v) Collection of replicate samples;

vi) Submission of field-biased blanks, where appropriate;

vii) Potential interferences present at the facililty;

viii) Construction materials and techniques, associated

with monitoring wells and piezometers;

ix) Field equipment listing and sample containers;

x) Sampling order; and

xi) Decontamination procedures,

k. Selecting appropriate sample containers;

1. Sample preservation; and

m. Chain-of-custody, including:

i) Standardized field tracking reporting forms to

establish sample custody in the field prior to shipment; and

ii) Pre-prepared sample labels containing all information

necessary for effective sample tracking.

3. Field Measurements

The Field Measurements section of the Data Collection Quality

\s^urarce Plan chall discuss:

a. Selecting appropriate field measurenent locations, depths,

etc.;

b. -Pro/iding a statistically sufficient number of field
c. Measuring all necessary ancillary data;

d. Determining conditions under which field measurement should

be conducted;

e. Determining which media are to be addressed by appropriate

field measurements (e.g., ground water, air, soil,

sediment, etc.);

f. Determining which parameters are to be measured and whe

g. Selecting the frequency of field measurement and length

of field measurements period; and

h. Documenting field measurement operations and procedures,

including:

i) Procedures and forms for recording raw data and

the exact location, time, and facility-specific

considerations associated with the data acquisition;

ii) Calibration of field devices;

iii) Collection of replicate measurements;

iv) Submission of field-biased blanks, where appropriate;

v) Potential interferences present at the facility;

vi) Construction materials and techniques associated with

monitoring wells and piezometers use to collect

field data;

vii) Field equipment listing;

viii) Order in which field measurements were made; and

ix) Decontamination procedures.

4. Sample Analysis

The Sample Analysis section of the Data Collection Quality

Assurance Plan shall specify the following:

a. Chain-of-custody procedures, including:

i) Identification of a responsible party to act as sample

custodian at the laboratory facility authorized to

sign for incoming field samples, obtain documents

of shipments, and verify the data entered onto the

sample custody records;

• ' ii) Provision for a laboratory sample custody log

consisting or serially numbered standard labtrack i rig j/eport sheetc: and

iil) Soec'fication ^f laboratory sample custody procedur2s

analysis. " -

b. Sample storage and holding times;
c. Sample preparation methods;

d. Analytical procedures, including;

i) Scope and application of the procedure;

ii) Sample matrix;

iii) Potential interferences;

iv) Precision and accuracy of the methodology; and

v) Method detection limits,

e. Calibration procedures and frequency;

f. Data reduction, validation and reporting;

g. Internal quality control checks, laboratory performance and

systems audits and frequency, including:

i) Method blank(s);

ii) Laboratory control sample(s);

iii) Calibration check sample(s);

iv) Replicate sample(s);

v) Matrix-spiked samples(s);

vi) "Blind" quality control sanple(s);

vii) Control charts;

viii) Surrogate samples;

ix) Zero and span gases; and

x) Reagent quality control checks.

A performance audit will be conducted by U.S. EPA on the

laboratories selected by the Respondent. This audit must

be completed and approved prior to the facility investigation.

h. Preventive maintenance procedures and schedules;

i. Corrective Action (for laboratory problems); and

j. Turnaround time.

C. Data Management Plan

The Respondent shall develop and initiate a Date Management Plan

to document and track investigation data jnJ results. This plan

shall identify and set up. data dpcu.nentation materials and procedures,

project file rerruirements, and-project-related progress reporting

procedures and documents. The plan shall also provide the format

to be used to present the raw data and conclusions of the investi-
-ID- i o i , u ij

gation

1. Data Record

The data record shall include the following:

a. Unique sample or field measurement code;

b. Sampling or field measurement location and sample or

measurement type;

c. Sampling or field measurement raw data;

d. Laboratory analysis ID number;

e. Property or component measured; and

f. Result of analysis (e.g., concentration).

2. Tabular Displays

The following data shall be presented in tabular displays:

a. Unsorted (raw) data;

b. Results for each medium, or for each constituent monitored;

c. Data reduction for statistical analysis;

d. Sorting of data by potential stratification factors (e.g,

location, soil layer, topography); and

e. Summary data.

3. Graphical Displays

The following data shall be presented in graphical formats (e.g. ,

bar graphs, line graphs, area or plan maps, isopleth plots,

cross-sectional plots or transects, three dimensional graphs,

etc.):

a. Display sampling location and sampling grid;

b. Indicate boundaries of sampling area, and areas where more data

are required;

c. Displays levels of contamination at each sampling location;

d. Display geographical extent of contamination;

e. Display contamination levels, averages, and maxima;

f. Illustrate changes in concentration in relation to distance from

tiie source, time, depth or otner parameters;

g. Indicate features affecting intramedia t,-ans;:>ort and shcvpotential receptors.
-11-

D. Health and Safety Plan

The Respondent shall prepare a facility Health and Safety Plan.

1. Major elements of the Health and Safety Plan shall include:

a. Facility description including availability of resources

such as roads, water supply, electricity and telephone

service;

b. Description of known hazards and evaluations of the risks

associated with the incident and with each activity conducted,

including, but not limited to on and off-site exposure to

contaminants during the implementation of interim measures

at the facility.

c. List of key personnel and alternates responsible for site

safety, responses operations, and for protection of public

health;

d. Delineation of work area;

e. Description of levels of protection to be worn by personnel

in work area;

f. Procedures to control site access;

g. Description of documentation procedures for personnel and

equipment;

h. Establishment of site emergency procedures;

i. Emergency medical care for injuries and toxicological

problems;

j. Description of requirements for an environmental surveillance

program;

k. Routine and special training required for responders; and

1. Establishment of procedures for protecting workers from

weather-related problems.

2. The Facility Health and Safety Plan shall be consistent with:

0 NIOSH Occupational Safety and Health Guidance Manual for Hazardous

Waste Site Activities (1985),

0 EPA Order 1440.1 - Respiratory Protection,

0 EPA Order 1440.3 - Health and Safety Requirements for Employees

engaged in Field Activities,

0 Facility Contingency Plan,

0 EPA Standard Opercting Safety Guide (1984)
-12- i o i i U U !j

0 OSHA regulations particularly in 29 CFR 1910 and 1926,

0 State and local regulations, and

0 Other EPA guidance;

E. Community Relations Plan

The Respondent shall adhere by the enclosed community relations plan

prepared by U.S. EPA (Appendix D).

F. Endangerment Assessment

The purpose of an Endangerment Assessment is to determine the

magnitude and probability of actual or potential harm to the public

health, welfare, or the environment presented or potentially caused by

the threatened or actual release of hazardous substances from this

facility.

The Respondent shall perform an Endangerment Assessment and prepare

an Endangerment Assessment Report, which will consist of an evaluation

of the collective, demographic, geographic, physical, chemical and

biological factors which describe the extent of the impact of a potential

or actual release of hazardous waste or hazardous substances from the

Facility. The following six topics are to be characterized and identified

in this Endangerment Assessment.

1. Chemicals or mixtures present in all environmental media (e.g.

air, water, soil sediment, biota):

2. Environmental fate and transport mechanism within specified

environmental media, including hydrogeological evaluations and assessments.

3. Intrinsics toxicological properties of specified substances.

4. Exposure pathways and extent of expected exposure.

5. Population at risk.

6. Extent of expected harm and the likelihood of such harm occuring

(i.e., risk characteristics).

The following outline presents the format for performing the

Endangerment Assessment.

1. Physical Description of the Site and Site History

a. geographic location

b. management practices/site use/site modifications

c. chronological survey

d. facility description/containment systems

e. substances brought on site (identify, qu^ntlt.*, fern, manner

of disoosal)
2. Site Contamination/Off-Site Contamination

a. identity of substances detected

b. concentration of substances detected

c. analytical methodology and QA/QC

d. survey of environmental monitoring studies (detailed discussion

of environmental media and contamination levels)

3. Environmental Fate and Transport of Contaminants

a. physical-chemical properties or specified chemicals/substances

(e.g., soil/sediments adsorption coefficients, vapor pressures,

solubility, etc.)

b. photodeqradation rates, decomposition rates, hydrolysis rates,

chemical transformations, etc.

c. local topography

d. description of the hydrological setting and florf system

e. soil analyses

f. climatic factors, other factors affecting fate and transport

e. prediction of fate and transport

4. Toxicological Properties (hazard identification) of Contaminants

a. metabolism

b. acute toxicity

c. subchronic toxicity

d. chronic toxicity

e. carcinogenicity

f. mutagenicity

g. teratogenicity/reproductive effects

h. other health effects as relevant including neurotoxicity,

immuno-depressant activity, allergic reactions, etc.

i. epidemiological evidence (chemical specific or site specific)

j. aquatic/non-human terrestrial species toxicity/environmental

quality impairment
-14-

5. Exposure Assessment

a. demographic profile of populations at risk including

subpopulation at special risk (qualitative)

b. population macro-and micro-environments

c. exposure routes

d. magnitude, source, and probability of exposure to

specified substances

6. Risk Evaluation and Impact Evaluation

a. carcinogenic risk assessment

b. probability of non-carcinogenic human health effects

c. non-human species risk assessment (qualitative)

d. environmental impacts/ecosystem alterations

7. Summary of Endangerment Assessment Findings

8. Documentation (Appendices)

TASK IV: FACILITY INVESTIGATION

I. Upon notice of EPA and SCDHEC approval or modification, the

Respondent shall implement the Workplan as approved or modified,

pursuant to the approved schedules contained therein. The implementation ("Facility Investigation") shall provide data of adequate technical

quality to support the development and evaluation of the corrective

measure alternative or alternatives during the Corrective Measure Study.

II. Concurrent with the Facility Investigation, the Respondent shall

prepare and submit to EPA and SCDHEC Annual Ground Water Reports

which review and summarize ground water movement and chemical quality.

This report shall also evaluate the abatement system and monitoring

program. Each report shall be due by no later than January 31 of

each year.

III. Concurrent with the Facility Investigation, the Respondent shall

obtain ground water elevations on a quarterly basis from all wells

required pursuant to this Order and all existing ground water monitoring

wells. Wells shall be sampled according to the sampling plan approved

by EPA, pursuant to this Order. In addition to the required monitoring

data, contour maps of the ground water elevations in both the shallow

water zone must be submitted to EPA and SCDHEC in accordance with the

dates mandated by this Order.
' ^ i I U v.,1 O

-15-

A. Environmental Setting

A Program to supplement and verify existing information on the environmental setting at the facility. The Respondent shall characterize the

following:

1. Hydrogeology

The Respondent shall conduct a program to evaluate hydrogeologic

conditions at the facility. This program shall provide the

following information:

a. A description of the regional and facility specific geologic

and hydrogeologic characteristics affecting ground water flow

beneath the facility, including:

i) Regional and facility specific stratigraphy: description

of strata including strike and dip, identification of

stratigraphic contacts;

ii) Structural geology: description of local and regional

structural features (e.g., folding, faulting, jointing,

strike and dip).

iii) Depositional history;

iv) Identification and characterization of areas and amounts

of recharge and discharge.

v) Regional and facility specific ground water flow

patterns both horizontally and vertically; and

vi) Characterize seasonal variations in the ground water

flow regime.

b. An analysis of any topographic features that might influence

the ground water flow system. Include Stereographic analysis

of aerial photographs both normal light and infra-red.

c. Based on field data, tests, and cores, a representative and

accurate classification and description of the hydrogeologic

units which may be part of the migration pathways at the

facility (i.e., the aquifers and any intervening saturated

and unsaturated units), including:

i) Hydraulic conductivity and porosity (total and effective);

ii) Lithology, grain size, sorting, degree of cementation;

iii) Aquifer interconnection analysis/interpretation of

hydraulic interconnection between saturated zones.

Identify frcm field data collected, including aquifer

and aquitard testing, the depths, thickness, degree

of lateral continuity and hydraulic characteristics

of any continuity confining units between waterbearing

zones underneath the facility; and
I? L

-16-

iv) The attenuation capacity and mechanisms of the

natural earth materials (e.g., ion exchange capacity,

organic carbon content, mineral contect etc.).

d. Field studies and cores, structural geology and hydrogeology

cross sections showing the extent (depth, thickness, lateral

extent) of hydrogeologic units which may be part of the migration pathways identifying:

i) Sand and gravel deposits in unconsolidated deposits;

ii) Zones of fracturing or channeling in consolidated or

unconsolidated deposits;

iii) Zones of higher permeability or low permeability that

might direct and restrict the flow of contaminants;

iv) The uppermost aquifer: geologic formation, group of

formations, or part of a formation capable of yielding

a significant amount of ground water to wells or springs;

and

v) Water-bearing zones above the first confining layer

that may serve as a pathway for contaminant migration

including perched zones of saturation.

e. Data obtained from ground water monitoring wells and

peizometers installed upgradient and downgradient of the

potential contaminant source, a representative description

of water level or fluid pressure monitoring including:

i) Water-level contour and/or potentiometric maps;

ii) Hydrologic cross sections showing vertical gradients;

iii) The flow system, including the vertical and horizontal

components of flow; and

iv) Any temporal changes in hydraulic gradients, for

example, due to tidal or seasonal influences.

f. A description of man-made influences that may affect the

hydrogeology of the site, identifying:

i) Active and inactive local water supply and production

wells with an appropriate schedule of pumping; and

ii) Manmade hydraulic structures (pipelines, french drains,

ditches, unlined, septic tanks, NPDES outfalls, retention

areas).
-17-

2. Soils

The Respondent shall conduct a program to characterize the soil

and rock units above the water table over the entire site.

Such characterization may include but not be limited to, the

following information:

a. USCS soil classification (ex. SC, ML - only one code per

soil type) ;

b. Surface soil distribution (in map form);

c. Soil profile, including ASTM classification of soils;

d. Transects of soil stratigraphy (include all structural features);

e. Hydraulic conductivity (saturated and unsaturated);

f. Relative permeability;

g. Bulk density;

h. PDrosity;

i. Soil sorptive capacity;

j. Cation exchange capacity (CEC);

k. Soil organic content;

1. Soil pH;

m. Particle size distribution (this includes all particle

sizes-clay, silt, sand, pebbles, cobbles, boulders as

per Wentworth, 1922);

n. Depth of water table;

o. Moisture content;

p. Effect of stratification on unsaturated flow;

g. Infiltration

r. Evapotranspiration;

s. Storage capacity;

t. Vertical flow rate; and

u. Mineral content.

3. Surface Water and Sediment

The Respondent shall conduct a program to characterize the

surface water bodies in the vicinity of the facility. Such

characterization shall include, but not be limited to, the

following activities and information:

Description of the temporal and permanent surface water

Vv-v^ioc including:

For open water: location, elevation, surface area,

inflow, outflow, depth, temperature stratification,

and volume?

bodies including:

i)

and volume;

ii) For river, streams, creeks, springs, ditches, and

channels: location, elevation, flow, velocity,

depth, width, seasonal fluctuations, and flooding

tendencies (i.e., 100 year event);
-18-

iii) For impoundments: location, elevation, surface area,

depth, volume, freeboard, and purpose of impoundment;

iv) Drainage patterns; and

v) Evapotranspiration.

b. Description of the chemistry of the natural surface water

and sediments. This includes detemining the pH, total

dissolved solids, total suspended solids, biological oxygen

demand, alkalinity, conductivity, dissolved oxygen profiles,

nutrients (NH-j, NO^'/NO", P0«~^), chemical oxgen demand,

total organic carbon, specific contaminant concentrations, etc,

c. Description of sediment characteristics including:

i) Deposition area (include a map);

ii) Thickness profile (include structural features); and

iii) Physical and chemical parameters (e.g., grain size,

density, organic carbon content, ion exchange capacity,

pH, etc.)

4. Air

The Respondent shall provide information characterizing the

climate in the vicinity of the facility. Such information shall

include, but not be limited to:

a. A description of the following parameters:

i) Annual and monthly rainfall averages;

ii) Monthly temperature averages and extremes;

iii) Wind speed and direction;

iv) Relative humidity/dew point;

v) Atmospheric pressure;

vi) Evaporation data;

vii) Development of inversions; and

viii) Climate extremes that have been known to occur in the

vicinity of the facility, including frequency of

occurence.
I w ' I U U

-19-

b. A description of topographic and manmade features which

affect air flow and emission patterns, including:

i) Ridges, hills or mountain areas;

ii) Surface water bodies (e.g. rivers, streams, surface

impoundment); and

iii) Wind breaks and forests,

iv) Buildings

B. Source Characterization

The Respondent shall have a program to collect analytic data to

completely characterize the wastes and the areas where wastes have

been placed, collected or removed including: type; quantity; physical

form; disposition (containment or nature of deposits); and facility

characteristics affecting release, including facility security

fencing, engineeried barriers, NPDES outfalls, etc. This shall

include quantification of the following specific characteristics,

at each source area, subsequent to November 1980 and to the extent

known or as-certainable for period prior thereto:

1. Unit/Disposal Area characteristics:

i) Location of unit/disposal area;

ii) Type of unit/disposal area;

iii) Design features;

iv) Operating practices (past and present);

v) Period of operation;

vi) Age of unit/disposal area;

vii) General physical conditions; and

viii) Method used to close the unit/disposal area.

2. Waste Characteristics:

i) Type of waste placed in the unit;

a. Hazardous classification (e.g., flammable reactive,

corrosive, oxidizing or reducing agent);

b. Quantity; and

c. Chemical composition.

ii) Physical and chemical characteristics;

a. Physical form (solid, liquid, gas);

b. Pnysical description (e.g., powder, oily sludge);

c. Temperature;

d, pH;

e« General chemical class (e.g., acid, base, solvent);

f. Molecular weight;

g. Bailing point;

n. Viscosity;

i. Solubility' in water;

j. Cohcsivehess of the waste:

k. Vapor pressure; and

1. Flash point.
i w i I

-20-

iii) Migration and dispersal characteristics of the waste;

a. Sorption;

b. Biodegradability, bioconcentration, biotransformation;

c. Photodegradation rates;

d. Hydrolysis rates; and

e. Chemical transformations.

The Respondent shall document the procedures used in making the

above determinations.

C. Contamination Characterization

The Respondent shall have a program to collect analytical data on

ground water, soils, surface water, sediment and subsurface gas

in the vicinity of the facility. This data shall be sufficient

to define the extent, origin, direction, and rate of movement of

contaminant plumes. Data shall include time and location of sampling,

media sampled, concentrations found, and conditions during sampling,

and the identity of the individuals performing the sampling and

analysis. The Respondent shall address the following types of

contamination at the facility:

1. Ground Water Contamination

The Respondent shall conduct a Ground Water Investigation in

order to characterize any plumes of contamination at the

facility. This investigation shall at a minimum provide the

following information:

a. A description of the horizontal and vertical extent of any

immiscible or dissolved plume(s) originating from the

facility;

b. The horizontal and vertical direction of contamination

movement;

c. The velocity of ground water and contaminate movement;

d. The horizontal and vertical concentration profile of Appendix

IX Compounds that are measured by EPA approved procedures;

e. An evaluation of factors influencing the plume movement; and

f. An extrapolation of future contaminant movement.

The Respondent shall document the procedures used in making the above

determinations (e.g., well design, well construction, geophysics,

modeling, etc.)
-21-

2. Soil Contamination

The Respondent shall conduct an investigation to characterize

any contamination of the soil and rock units above the water

table in the vicinity of a contaminant release. The investiga-

• tion shall include, but not be limited to, the following areas:

a. A description of the vertical and horizontal extent of

contamination.

b. A description of contaminant and soil chemical properties

within the contaminant source area and plume. This includes

contaminant solubility, speciation, adsorption, leachability,

exchange capacity, biodegradability, hydrolysis, photolysis,

oxidation and other factors that might affect contaminant

migration and transformation.

c. Specific contaminant concentrations.

d. The velocity and direction of contaminant movement.

e. An extrapolation of future contaminant movement.

The Respondent shall document the procedures used in making the

above determinations.

3. Surface Water and Sediment Contamination

A program to conduct a surface water investigation to characterize

contamination in surface water bodies resulting from contaminant

releases at the facility. The investigation shall include, but not

be limited to, the following information:

a. A description of the horizontal and vertical extent of any

iimisicible or dissolved plume(s) originating from the

facility, and the extent of contamination in underlying

sediments;

b. The horizontal and vertical direction of contaminant movement;

c. The contaminant velocity;

d. An evaluation of the physical, biological and chemical factors

influencing contaminant movement;

e. An extrapolation of future contaminant movement; and

f. A description of the chemistry of the contaminated surface

waters and sediments. This includes determining the pH,

total dissolved solids, specific contaminant «x>ncentrations,

etc.
U

-22-

The Respondent shall document the procedures used in making the

above determinations.

4. Air Contamination

The Respondent shall conduct an investigation to characterize the

particulate and gaseous contaminants released into the atmosphere.

This investigation shall provide the following information:

a. A description of the horizontal and vertical direction and

velocity of contaminant movement;

b. The rate and amount of the release; and

c. The chemical and physical composition of the contaminants(s)

released, including horizontal and vertical concentration

profiles.

The Respondent shall document the procedures used in making the

above determinations.

5. Subsurface Gas Contamination

A program to conduct an investigation to characterize subsurface

gases emitted from buried hazardous waste and hazardous constituents

in the ground water. This investigation shall include the following

information:

a. A description of the horizontal and vertical extent of subsurface

gases mitigation;

b. The chemical composition of the gases being emitted;

c. The rate, amount, and density of the gases being emitted;

and

d. Horizontal and vertical concentrations profiles of the subsurface

gases emitted.

The Respondent shall document the procedures used in making the

above determinations.

D. Potential Receptors

The Respondent shall collect data describing the human populations

and environmental systems that are susceptible to contaminant exposure

from the facility. Chemical analysis of biological samples may be

needed. Data on observable effects in ecosystems may also be

obtained. The following characteristics shall be identified:

1. Local use? and possible future uses of ground water:

a. Type of use (c-.g., drinking water source: municipal cr

residential, agricultural, domestic/non-potable, and

industrial); and

b. Location of ground watsr users including wells,
-23-

discharge areas and springs.

2. Local uses and possible future uses of surface waters draining

the facility:

a. Domestic and municipal (e.g. potable and lawn/gardening

watering);

b. Recreational (e.g. spinning, fishing);

c. Agricultural;

d. Industrial; and

e. Environmental (e.g. fish and wildlife propagation).

3. Human use of access to the facility and adjacent lands,

including but not limited to:

a. Recreation;

b. Hunting;

c. Residential;

d. Commercial;

e. Zoning; and

f. Relationship between population locations and prevailing

wind direction.

4. A description of the biota in surface water bodies on, adjacent

to, or affected by the facility.

5. A description of the ecology overlying and adjacent to the facility.

6. A demographic profile of the people who use or have access to

the facility and adjacent land, including, but not limited to:

age; sex; and sensitive subgroups.

7. A description of any endangered or threatened species near

the facility.
I o i i U

-24-

TASK V; INVESTIGATION ANALYSIS

A. Draft and Final Report

The Respondent shall prepare and submit to EPA and SCDHEC for

approval a draft RFI Report which shall contain an analysis and

summary of all facility investigations implemented pursuant to Task

IV and their results. EPA and SCDHEC will review the Draft RFI

Report and provide Garments thereon to the Respondent. Within

thirty (30) days of receipt of EPA and SCDHEC comments and shall

submit the revised RFI Report to EPA and SCDHEC. EPA and SCDHEC

will approve the revised RFI Report or modify it. The revised RFI

Report as approved or modified by EPA and SCDHEC shall become the

Final RFI Report.

The RFI Report shall describe the nature and extent of contamination

at the facility including sources and migration pathways, potential

threat to human health and/or the environment, and to support the

Corrective Measure Study. The report shall described the extent

of contamination (qualitative/quantitative) in relation to

background levels indicative for the area. The report shall

include the identification of applicable protection standards

including these under item B below.

B. Protection Standards

1. Ground Water Protection Standards

For regulated units the Respondent shall provide information

to support the Agency's selection/development of Ground

Water Protection Standards for all of the Appendix IX

constituents found in the ground water during the Facility

Investigation (Task IV).

A. The Ground Water Protection Standards shall consist of:

i) For any constituents listed in Table I of

40 CFR 264.94, the respective value given in

the table (MCL) if the background level of the

constituent is below that given in Table 1; or

ii) The background level of that constituent in the

ground water; or

iii) An EPA approved Alternate Concentration Limit (ACL).

B. Information to support the EPA's selection of Alternate

Concentration Limits (ACL's) shall be developed by the

Respondent in accordance with EPA guidance. For any

proposed ACL's the Respondent's shall include a

justification'based"upon the criteria set forlh in 40

CFR 264.94 (b). - ••
_25-

C. Within 90 days of receipt of any proposed ACL's. The U.S. EPA

shall notify the Respondent in writing of approval, disapproval

• or modification, the U.S. EPA shall specify in writing the

reason(s) for any disapproval or modification.

D. Within 60 days of receipt of the U.S. EPA's notification or

disapproval of any proposed ACL, the Respondent shall amend

and submit revisions to the U.S. EPA.

2. Other Relevant Protection Standards

The Respondent shall identify all relevant and applicable

standards for the protection of human health and the

environment (e.g. National Ambient Air Quality Standards,

Federally approved state water quality standards, etc.).

TASK VI: LABORATORY AND BENCH-SCALE STUDIES

I. The Respondent shall conduct laboratory and/or bench scale

studies to determine the applicability of a corrective measure

technology or technologies to facility conditions. The Respondent

shall analyze the technologies, based on literature review, vendor

contracts, and past experience to determine the testing requirements.

II. The Respondent shall develop a testing plan identifying the types(s)

the goal(s) of the study(ies), the level of effort needed, and the

procedures to be used for data management and interpretation. Upon

completion of the testing, the Respondent shall evaluate the testing

results to assess the technology or technologies with respect to the

site-specific questions identified in the test plan.

III. The Respondent shall prepare a report summarizing the testing program

and its results, both positive and negative.

TASK VII; REPORTS

A. Preliminary and Workplan

The Respondent shall submit to the EPA and SCDHEC reports on Task I

and II when it submits the RCRA Facility Investigation Workplan

(Task III).

B. Progress

The Respondent shall at a minimum provide the EPA and SCDHEC with

signed monthly progress reports containing;
-26-

1. A description and estimate of percentage of the RFI completed;

2. Summaries of all findings;

3. Summaries of all changes made in the RFI during the reporting

period;

4. Summaries of all contacts with representative of the local

community, public interest groups or State government during

the reporting period;

5. Summaries of all problems or potential problems encountered -

during the reporting period:

6. Actions being taken to rectify problems;

7. Changes in personnel during the reporting period;

8. Projected work for the next period; and

9. Copies of daily reports, inspection reports, laboratory/monitoring

data, etc.

C. Draft and Final

Upon EPA approval, the Respondent shall prepare a RCRA Facility

Investigation Report to present Tasks IV-V. The RCRA Facility

Investigation Report shall be developed in draft form for U. S.

EPA review. The RCRA Facility Investigation Report shall be

developed in final format incorporating comments received on the

Draft RCRA Facility Investigation Report. Task VI shall be

submitted as a separate report when the Final RCRA Facility

Investigation Report is submitted. All reports become final upon

EPA approval.

Four copies of all reports, including the Task I report, Task II

report, Task III Vforkplan, Task VI report and both the Draft and

Final RCRA Facility Investigation Reports (Task IV-V) shall be

provided by the Respondent to U. S. EPA and SCDHEC.
-27-

FACILITY SUBMISSION SUMMARY

An abbreviated summary of the information reporting requirements contained

in the RCRA Facility Investigation Scope of Work is presented below:

Facility Submission Due Date *

Description of Current Situation

(Task I)

Pre-Investigation Evaluation of Corrective Measure

Technologies (Task II)

Draft RFI Wbrkplan

(Task III)

Implementation of approved RFI Wbrkplan

(Task TV)

Draft RFI Report

(Task V)

Revised RFI Report

(Task V)

Laboratory and Bench-Scale Studies

(Task VI)

Progress Reports on Tasks I through VI

30 days

60 days

90 days

Immediately upon

notice of approval

of revised RFI

Wbrkplan

12 months after

RFI Workplan Approval

30 days after EPA &

SCDHEC comment on

Draft RFI Report

Concurrent with

Revised RFI Report

Monthly, pursuant to

the Order

* All due dates are calculated from the effective date of this Order

unless otherwise specified.
ATTACHMENT C

SCOPE OF WORK FOR A CORRECTIVE MEASURES STUDY

AT

KOPPERS COMPANY, INC.
-1-

SCOPE OF WORK FOR A CORRECTIVE MEASURE STUDY

KOPPERS COMPANY, INC.

PURPOSE

The purpose of this Corrective Measure Study (CMS) is to develop and evaluate

the corrective action or alternatives and to recommend the corrective

measure or measures to be taken at Koppers Company, Inc.

The Respondent will furnish the personnel, materials, and services

necessary to prepare the corrective measure study, except as otherwise

specified. The Respondent shall submit to EPA and SCDHEC, ninety (90)

days after submittal of the Final RFI Report, a Draft CMS Report. This

report shall contain all information requested in the task outlined

below. EPA and SC DHEC will review the Draft CMS Report and provide

comments to the Respondent. Within thirty (30) days of receipt of EPA

and SC DHEC comments, Respondent shall modify the Draft CMS Report to

incorporate such comments and shall submit the revised CMS Report to EPA

and SC DHEC. EPA will approve the revised CMS Report or modify it. The

revised CMS Report as approved or modified by EPA shall become the Final

CMS Report. Upon receipt of the Final CMS Report, EPA shall announce its

availability to the public for review and comments and then inform the

Respondent of its final decision as to the approved Corrective Measures

to be implemented.

SCOPE

The Corrective Measure Study consists of four tasks:

Task VIII: Identification and Development of the Corrective Measure

Alternatives

A. Description of Current Situation

B. Establishment of Corrective Action Objectives

C. Screening of Corrective Measures Technologies

D. Identification of the Corrective Measure

Alternatives

Task IX: Evaluation of the Corrective Measure Alternatives

A. Technical/Environmental/Human Health/Institutional

B. Cost Estimate

Task X: Justification and Recommendation of the Corrective Measure or

Measures

A. Technical

B. Environmental

C. Human Health
U /

-2-

Task XI: Reports

A. Progress

B. Draft

C. Final

D. Public Review and Final Selection of Corrective Measures

TASK VIII; IDENTIFICATION AND DEVELOPMENT OF THE CORRECTIVE ACTION

ALTERNATIVES

Based on the results of the RCRA Facility Investigation and consideration

of the identified potential corrective measure technologies (Task II),

the Respondent shall identify, screen and develop the alternatives for

removal, containment, treatment and/or other remediation of the contamination

based on the objectives established for the corrective action.

A. Description of Current Situation

The Respondent shall submit an update to the information describing

the current situation at the facility and the known nature and

extent of the contamination as documented by the RCRA Facility

Investigation Report. The Respondent shall provide an update to

information presented in Task I of the RFI to the Agency regarding

previous response activities and any interim measures which have or

are being implemented at the facility. The Respondent shall also

make a facility-specific statement of the purpose for the response,

based on the results of the RCRA Facility Investigation. The statement

of purpose should identify the actual or potential exposure pathways

that should be addressed by corrective measures.

B. Establishment of Corrective Action Objectives

The Respondent shall propose for EPA review and approval facilityspecific objectives for the corrective action. These objectives

shall be based on public health and environmental criteria, information

gathered during the RCRA Facility Investigation, EPA guidance, and

the requirements of any applicable Federal statutes. At a minimum,

all corrective actions concerning ground water releases from regulated

units must be consistent with, and as stringent as, those required

under 40 CFR 264.100.

C. Screening of Corrective Measure Technologies

The Respondent shall review the results of the RCRA Facility

Investigation and reassess the technologies specified in Task II

anu to identify additional technologies which are applicable at the

facility. The Respondent shall screen the preliminary corrective

ireesure technologies identified in Task II of the RCRA Facility

Investigation and any supplemental technologies to eliminate those
i ~ i i 0 ( j i I

-3-

that may prove infeasible to implement, that rely on technologies

unlikely to perform satisfactorily or reliably, or that do not

achieve the corrective measure objective within a reasonable time

period. This screening process focuses on eliminating those technologies which have severe limitations for a given set of waste and

site-specific conditions. The screening step may also eliminate

technologies based on inherent technology limitations.

Site, waste, and technology characteristics which are used to screen

inapplicable technologies are described in more detail below:

1. Site Characteristics

Site data should be reviewed to identify conditions that may

limit or promote the use of certain technologies. Technologies

whose use is clearly precluded by site characteristics should be

eliminated from further consideration;

2. Waste Characteristics

Identification of waste characteristics that limit the effectiveness

or feasibility of technologies is an important part of the screening

process. Technologies clearly limited by these waste characteristics

should be eliminated from consideration. Waste characteristics

particularly affect the feasibility of in-situ methods, direct

treatment methods, and land disposal (on/off-site); and

3. Technology Limitations

During the screening process, the level of technology development,

performance record, and inherent construction, operation, and

maintenance problems should be identified for each technology

considered. Technologies that are unreliable, perform poorly,

or are not fully demonstrated may be eliminated in the screening

process. For example, certain treatment methods have been developed

to a point where they can be implemented in the field without

extensive technology transfer or development.

D. Identification of the Corrective Measure Alternatives

The Respondent shall develop the Corrective measure alternatives

based on the corrective action objectives and analysis of potential

corrective measure technologies, as presented in Task II of the RCRA

Facility investigation and as supplemented following the preparation

of the RFI Report. The Respondent shall rely on engineering practice

to determine which of the previously identified technologies appear

most suitable for the site. Technologies can be combined to form the

overall corrective action alternatives. The alternatives developed

should represent a workable number of option(s) that each appear to

adequately address all site problems and corrective action objectives
-4-

Each alternative may consist of an individual technology or a combination

of technologies. The Respondent shall document the reasons for

excluding technologies, identified in Task II, as supplemented in the

development of the alternatives.

TASK ix; EVALUATION OF THE CORRECTIVE MEASURE ALTERNATIVES

The Respondent shall describe each corrective measure alternative that

passes through the Initial Screening in Task VIII and evaluate each

corrective measure alternative and it's components. The evaluation

shall be based on technical, environmental, human health and institutional

concerns. The Respondent shall also develop cost estimates of each

corrective measure.

A. Technical/Environmental/Huinan Health/Institutional

The Respondent shall provide a description of each corrective measure

alternative which includes but is not limited to the following: preliminary process flow sheets; preliminary sizing and type of construction

for buildings and structures; and rough quantities of utilities required.

The Respondent shall evaluate each alternative in the four following

areas:

1. Technical;

The Respondent shall evaluate each corrective measure alternative

based on performance, reliability, implementability and safety.

a. The Respondent shall evaluate performance based on the

effectiveness and useful life of the corrective measure:

i) Effectiveness shall be evaluated in terms of the ability

to perform intended functions, such as containment, diversion,

removal, destruction, or treatment. The effectiveness of

each corrective measure shall be determined either through

design specifications or by performance evaluation. Any

specific waste or site characteristics which could potentially

impede effectiveness shall be considered. The evaluation

should also consider the effectiveness of combinations of

technologies; and

ii) Useful life is defined as the length of time the level of

desired effectiveness can be maintained. Most corrective

measure technologies, with the exception of destruction,

deteriorate with time. Often, deterioration can be

, slowed through proper system operation and maintenance,

but the technology eventually may require replacement.

Each corrective measure shall be evaluated in terms of

the projected service lives of its life of the project.
-5-

t ! U U /'

b. The Respondent shall provide information on the reliability

of each corrective measure including their operation and

maintenance requirements and their demonstrated reliability:

i) Operation and maintenance requirements include the frequency

and complexity of necessary operation and maintenance.

Technologies requiring frequent or complex operation and

maintenance activities should be regarded as less reliable

than technologies requiring little or straightforward

operation and maintenance. The availability of labor -

and materials to meet these requirements shall also be

considered; and

ii) Demonstrated and expected reliability is a way of measuring

the risk and effect of failure. The Respondent should

evaluate whether the technologies have been used effectively

under analogous conditions; whether the combination of

technologies have been used together effectively; whether

failure of any one technology has an immediate impact on

receptors; and whether the corrective measure has the

flexibility to deal with uncontrollable changes at the

site.

c. The Respondent shall describe the implementability of each

corrective measure including the relative ease of installation

(constructability) and the time required to achieve a given

level of response:

i) Constructability is determined by conditions both internal

and external to the facility conditions and include such

items as location of underground utilities, depth to water

table, heterogeneity of subsurface materials, and location

of the facility (i.e., remote location vs. a congested urban

area). The Respondent shall evaluate what measures can be

taken to facilitate construction under these conditions.

External factors which affect implementation include the

need for special permits or agreements, equipment availability,

and the location of suitable off-site treatment or disposal

facilities; and

ii) Time has two components that shall be addressed: the time

it takes to implement a corrective measure and the time

it takes to actually see beneficial results. Beneficial

results are defined as the reduction of contaminants to

some acceptable, pre-established level.
-6-

d. The Respondent shall evaluate each corrective measure alternative

with regard to safety. This evaluation shall include threats

to the safety of nearby communities and environments as well

as those to workers during implementation. Factors to consider

are fire, explosion, and exposure to hazardous substances.

2. Environmental;

The Respondent shall perform an Environmental Assessment for

each alternative. The Environmental Assessment shall focus on.

the facility conditions and pathways of contamination actually

addressed by each alternative. The Environmental Assessment for

each alternative will include, at a minimum, an evaluation of:

the short- and long-term beneficial and adverse effects of the

response alternative; any adverse effects on environmentally

sensitive areas; and an analysis of measures to mitigate adverse

effects.

3. Human Health; and

The Respondent shall assess each alternative in terms of the

extent to which it mitigates short-and long-term potential exposure

to any residual contamination and protects human health both

during and after implementation the corrective measure. The

assessment will describe the concentrations and characteristics of

the contaminants on-site, potential exposure routes, and potentially

affected population. Each alternative will be evaluated to

determine the level of exposure to contaminants and the reduction

over time. For management of mitigation measures, the relative

reduction of impact will be determined by comparing residual

levels of each alternative with existing criteria, standards, or

guidelines acceptable to EPA.

4. Institutional.

The Respondent shall assess relevant institutional needs for

each alternative. Specifically, the effects of Federal, state

and local environmental and public health standards, regulations,

guidance, advisories, ordinances, or community relations on the

design, operation, and timing of each alternative.

B. Cost Estimate

The Respondent shall develop an estimate of the cost of each corrective

measure alternative (and for each phase or segment of the alternative).

The cost estimate shall include both capital and operation and maintenance

costs.
-7-

1. Capital costs consist of direct (construction) and indirect

(nonconstruction and overhead) costs.

a. Direct capital costs include:

i) Construction costs: Costs of materials, labor

(including fringe benefits and worker's compensation),

and equipment required to install the corrective

measure.

ii) Equipment costs: Costs of treatment, containment,

disposal and/or service equipment necessary to implement

the action; these materials remain until the corrective

action is complete;

iii) Land and site-development costs: Expenses associated with

purchase of land and development of existing property; and

iv) Buildings and services costs: Costs of process and

nonprocess buildings, utility connections, purchased

services, and disposal costs.

b. Indirect capital costs include:

i) Engineering expenses: Costs of administration, design,

construction supervision, drafting, and testing of

corrective measure alternatives;

ii) Legal fees and license or permit costs: Administrative

and technical costs necessary to obtain licenses and

permits for installation and operation;

iii) Startup and shakedown costs: Costs incurred during

corrective measure startup; and

iv) Contingency allowances: Funds to cover costs resulting

from unforeseen circumstances, such as adverse weather

conditions, strikes, and inadequate facility

characterization.

2. Operation and maintenance costs are post-construction costs

necessary to ensure continued effectiveness of a corrective

measure. The Respondent shall consider the following operation

and maintenance cost components:
i i U u ^

a. Operating labor costs: Wages, salaries, training, overhead,

and fringe benefits associated with the labor needed for

post-construction operations;

b. Maintenance materials and labor costs: Costs for labor,

parts, and other resources required for routine maintenance

of facilities and equipment;

c. Auxiliary materials and energy: Costs of such items as chemicals

and electricity for treatment plant operations, water and sewer

service, and fuel;

d. Purchased services: Sampling costs, laboratory fees, and

professional fees for which the need can be predicted;

e. Disposal and treatment costs: Costs of transporting, treating,

and disposing of waste materials, such as treatment plant

residues, generated during operations;

f. Administrative costs: Costs associated with administration

of corrective measure operation and maintenance not included

under other categories;

g. Insurance, taxes, and licensing costs: Costs of such items

as liability and sudden accident insurance; real estate

taxes on purchased land or rights-of-way; licensing fees for

certain technologies; and permit renewal and reporting costs;

h. Maintenance reserve and contingency funds: Annual payments

into escrow funds to cover (1) costs of anticipated replacement

or rebuilding of equipment and (2) any large unanticipated

operation and maintenance costs; and

i. Other costs: Items that do not fit any of the above categories.

TASK X; JUSTIFICATION AND RECOMMENDATION OF THE CORRECTIVE

MEASURE OR MEASURES

The Respondent shall justify and recommend a corrective measure

alternative using technical, human health, and environmental criteria.

This recommendation shall include summary tables which allow the

alternative or alternatives to be understood easily. Tradeoffs

among health risks, environmental effects, and other pertinent

factors shall be highlighted. The U.S. EPA will select the corrective

measure alternative or alternatives to be implemented based on the

results of Tasks IX and X. At a minimum, the following criteria

will be used to justify the final corrective measure or measures.
-9-

A. Technical

1. Performance - corrective measure or measures which are

most effective at performing their intended functions

and maintaining the performance over extended periods

of time will be given preference;

2. Reliability - corrective measure or measures which do

not require frequent or complex operation and maintenance

activities and that have proven effective under waste

and facility conditions similar to those anticipated

will be given preference;

3. Inplementability - corrective measure or measures which

can be constructed and operating to reduce levels of

contamination to attain or exceed applicable standards

in the shortest period of time will be preferred;

and

4. Safety - corrective measure or measures which pose the

least threat to the safety of nearby residents and

environments as well as workers during implementation

will be preferred.

B. Human Health

The corrective measure or measures must comply with existing U.S. EPA

criteria, standards, or guidelines for the protection of human health.

Corrective measures which provide the minimum level of exposure to

contaminants and the maximum reduction in exposure with time are

preferred.

C. Environmental

The corrective measure or measures posing the least adverse impact

(or greatest improvement) over the shortest period of time on the

environment will be favored.

TASK XI; REPORTS

The Respondent shall prepare a Corrective Measure Study Report

presenting the results of Task VIII through X and recommending a

corrective measure alternative. Copies of the preliminary

report shall be provided by the Respondent to EPA and SCDHEC for

review and EPA for approval.
' I

-10-

A. Progress

The Respondent shall at a minimum provide the EPA and SCDHEC

with signed, monthly progress reports containing:

1. A description and estimate of the percentage of the CMS completed;

2. Summaries of all findings;

3. Summaries of all changes made in the CMS during the reporting

period;

4. Summaries of all contacts with representative of the local

community, public interest groups or State government during the

reporting period;

5. Summaries of all problems or potential problems encountered during

the reporting period;

6. Actions being taken to rectify problems;

7. Changes in the personnel involved with the CMS during reporting period;

8. Projected work for the next reporting period; and

9. Copies of daily reports, inspection reports, laboratory/monitoring

data, etc.

B. Draft

The Report shall at a minimum include:

1. A description of the facility;

a. Site topographic map & preliminary layouts.

2. A summary of the corrective measure or measures;

a. Description of the corrective measure or measures and

rationale for selection;

b. Performance expectations;

c. Preliminary design criteria and rationale;

d. General operation and maintenance requirements; and

e. Long-term monitoring requirements.
-11-

3.- A summary of the RCRA Facility Investigation and impact on the

selected corrective measure or measures;

a. Field studies (ground-water, surface water, soil, air); and

b. Laboratory studies (bench scale, pick scale).

4. Design and Implementation Precautions;

a. Special technical problems;

b. Additional engineering data required;

c. Permits and regulatory requirements;

d. Access, easements, right-of-way;

e. Health and safety requirements; and

f. Community relations activities.

5. Cost Estimates and Schedules;

a. Capital cost estimate;

b. Operation and maintenance cost estimate; and

c. Project schedule (design, construction, operation).

Copies of the draft shall be provided by the Respondent to

EPA and SCDHEC.

C. Final

The Respondent shall finalize the Corrective Measure Study Report

incorporating comments received from EPA and SCDHEC on the Draft Corrective

Measure Study Report. The report shall become final upon EPA approval.

D. Public Review and Final Selection of Corrective Measures

Upon receipt of the Final Corrective Measure Study Report, EPA

shall announce its availability to the public for review and

comment. At the end of the comment period, EPA shall review the

comments and then inform the Respondent of its final decision

as to the approved Corrective Measures to be implemented.
-12-

Facility Submission Sumnary

A summary of the information reporting requirements contained in the

Corrective Measure Study Scope of Work is presented below:

Facility Submission Due Date

Draft CMS Report

(Tasks VIII, IX, and X)

Final CMS Report

(Tasks VIII, IX, and X)

Progress Reports on Tasks VIII, IX, and X

90 days

after EPA approval

the Final RFI

30 days

after EPA cement

on the Draft CMS

MONTHLY
ATTACHMENT D

COMMUNITY RELATIONS PLAN

AT

KOPPERS COMPANY, INC.
I I

1

1

1

COMMUNITY RELATIONS PLAN

KOPPERS COMPANY, INC.

FLORENCE COUNTY, SOUTH CAROLINA

Prepared for

1

U.S. ENVIRONMENTAL PROTECTION AGENCY

Office of Waste Programs Enforcement

Washington, D.C. 20460

1

Work Assignment No.

EPA Region

Contract No.

Site No. '

CDM Federal Programs Corporation

(COM FPC) Document No.

Prepared By

Work Assignment Project Manager

Telephone Number

Primary Contact

Telephone Number

Date Prepared

387

IV

68-01-7331

ABB2

T387-C04-CR-AYYB-5

Booz, Alien & Hamilton

Laurie Ziegenfus

(301) 469-3268

Barbara Benoy

(404) 347-3402

November 24. 1987
I

I

TABL E O F CONTENT S

I Community Relations Plan

Koppers Company, Inc. Site

I Florence County, South Carolina

I

Page

Number

• Purpose of Plan. ................ . l

Section A — Site Background and Key Issues. ... 2

E 1. Site History ............ . 2

t 2. Community Profile. ......... . 4

3. History and Analysis of

«• Community Concerns. ........ . 7

| 4. Summary of Key Issues and

Community Concerns. ........ . 8

f Section B — Community Relations Techniques

a nd Objectives. .......... . 10

£ Section C — Schedule and Timeline. ...... . 14

t

Appendix A — List of Interested Parties .... . A-l

£ A. Federal Representatives. ...... . A-l

B. Federal Agency Officials ...... . A-l

' C. State Representatives. ....... . A-2

| D. State Officials. .......... . A-2

E. County and Local Officials ..... . A-3

I F. Local Media. ............ . A-4

G. Other Interested Parties ...... . A-6

- Appendix B — List of Sites for Information

Repository and Local Meetings. . . . B-l
I

i

I

I

I

COMMUNITY RELATIONS PLAN

KOPPERS COMPANY, INC. SITE

FLORENCE COUNTY, SOUTH CAROLINA

This Community Relations Plan describes community

concerns related to the Koppers Company, Inc. (KCI) site

in Florence County, South Carolina. The KCI site is

regulated under two Federal laws: the Comprehensive

Environmental Response, Compensation and Liability Act of

1980 (CERCLA, called Superfund), as amended by the

Superfund Amendments and Reauthorization Act of 1986

(SARA), and the Resource Conservation and Recovery Act

I (RCRA). Under each law, EPA is required to develop a plan

I for community outreach prior to any major work at the

site. This plan outlines proposed community relations

activities to be conducted by Region IV of the U.S.

Environmental Protection Agency (EPA) during the

investigation and cleanup of the KCI site. These

activities are designed to provide interested citizens,

officials, and local civic and environmental organizations

with general information about the Superfund and RCRA

programs and specific information about plans, developments, and findings at the site.

K

F

r

I

I

s

The first major activities scheduled for the KCI site

are a Remedial Investigation and Feasibility Study (RI/FS)

under Superfund and a RCRA Facility Investigation and

Corrective Measures Study (RFI/CMS) under RCRA. Although

governed by separate legislation, the goals of these

activities are similar: to characterize the nature,

extent, and rate of contaminant releases, and to select

the appropriate remedy. This Community Relations Plan is

designed to provide EPA with the appropriate mechanisms

for responding to existing concerns or concerns that arise

during the RI/FS and RFI/CMS processes.

I The EPA Region IV Office will have the lead

responsibility for overseeing technical and community

relations work at the site. This Community Relations Plan

( reflects the need for communication and coordination among

EPA, State and local officials, and interested citizens in

the community. Community concerns about possible

ground-water contamination coming from .the site and the

potential long-term health effects resulting from

ground-water contamination will require regular

interaction among EPA, State and local officials, and

concerned community members. Enforcement and permitting

actions by EPA, as well as the findings of ,tho Remedial

-1-

[
I I I

d Investigation and Feasibility Study, may necessitate

modification of the community relations program or

I specific activities detailed in this plan.

Preparation of this Community Relations Plan involved

the review of a broad spectrum of documents as well as

I personal and telephone interviews with local citizens and

• Federal, State and local officials. The documents used

include materials obtained from the EPA Region IV site

I

file, such as the Hazard Ranking System Scoring data, an

EPA Site Inspection Report, and the RCRA Complaint and

Compliance Order. State documents reviewed include a

(

ground-water contamination investigation report and the

Consent Order issued by the South Carolina Department of

Health and Environmental Control (DHEC). Materials

published by local government agencies, including the Pee

f Dee Regional Council of Governments, the City of Florence,

£ and Florence County were also used in developing the

community profile section. Newspaper articles in the

» Florence Morning News and The State (Columbia, S.C.), and

I publications from the Greater Florence Chamber of Commerce

were also reviewed.

J A. SITE BACKGROUND AND KEY ISSUES

1. Site History

t The KCI site is a 20-acre wood treatment plant

located 1.5 miles east of the City of Florence, in

I Florence County, South Carolina. The plant is

I situated across U.S. Highway 76/301 from the Florence

City-County Airport and is not visible from the

highway. The areas surrounding the KCI facility are

I used for commercial, industrial and residential

• purposes. To the east, Southeastern Steel operates a

metal fabrication plant. To the south, a railroad

(

line runs past the KCI plant separating it from Air

Base Heights, a four-block residential neighborhood of

single family and mobile homes. To the northwest lies

I an open field with residences beyond the field.

KCI and its predecessor, the American Lumber and

Treating Company, have used this site as a wood

? preserving plant for more than thirty years. Wood

products such as telephone poles, railroad ties and

fencing material have been treated at the plant. The

(

preservation process consists of treating wood

products with chemicals such as pentachlorophenol

(PCP), creosote and chrorcated-copper-arsenate (CCA).

The plant also produces fire-retardant wood products

t_ by injecting the wood with chemicals such as NCR^P^,

• a mixture containing formaldehyde and dicyandiamide.

f

-2-
f

I

I

I

I

I

I

\

From the beginning of plant operations until 1979

creosote and PCP wastes at the KCI plant were stored

in two separate lagoons located in the southwest

corner of the site. In 1979, the use of these lagoons

was discontinued and the waste was land-farmed using a

process called spray irrigation. The company

estimates that the lagoons contained three hundred

tons of creosote and PCP wastes.

I

i

i

1

In 1980, a local resident notified the South

I

Carolina Department of Health and Environmental

Control (DHEC) that water from his well (about 41 feet,

deep) had a creosote odor and a foul taste. Other

(

residents of the same area (southwest of the site)

indicated similar taste and odor problems with their

well water. DHEC officials tested well water in this

area and determined that it contained a significant

{ level of creosote. Some of the major components of

creosote are known to be toxic and are included on the

U.S. Environmental Protection Agency's (EPA) priority

r pollutant list. In response to the findings at the

| site, DHEC issued a Consent Order to KCI in October

1981 requiring the Company to determine the extent of

ground-water contamination.

Since 1980, further investigations by EPA, DHEC

and the Company have documented ground-water

contamination of the shallow aquifer by phenols, PCP

and polycyclic aromatic hydrocarbons (PAHs). A

shallow aquifer is the underground water-bearing

geological formation closest to ground surface. The

chemicals found in the shallow aquifer beneath the KCI

site are EPA priority pollutants and are suspected to

be cancer-causing agents, or carcinogens.

In response to the further negotiations with

DHEC, KCI paid for the extension of Florence city

water lines to the residents southwest of the plant,

whose wells were contaminated. The water for the

Florence municipal system is pumped from deep wells

located throughout the City. Two of the wells,

located at Ballard and Pine Streets, within one mile

of the site supply approximately 23 percent of the

City's water. The wells draw water from the

Tuscalossa (also known as the Middendorf) and the

shallower Black Creek aquifers.

The KCI site is being regulated under RCRA —

specifically as it was amended in 1984 to require

corrective actions, where necessary, at any operating

facilities that store, manufacture or treat hazardous

wastes, in order for those facilities to continue

-3-
I

U L

I

I

r

I

I

permitted operations. EPA Region IV is pursuing

corrective actions at the KCI plant for the protection

of ground water.

Due to the contamination of off-site ground

water, the KCI site was added to EPA's National

I Priorities List (NPL) in 1984 under the Superfund

* program that deals with old or abandoned hazardous

waste sites. The NPL is a priority ranked list of

(

sites that have serious enough conditions to be

cleaned up under Federal authority or by use of

Federal funds. Under this program, EPA has reviewed

(

the investigations and activities performed by KCI to

determine if they fulfill the requirements for a

Remedial Investigation and Feasibility Study or a RCRA

Facility Investigation Corrective Measures Study. EPA

* has determined that more ground-water testing is

k needed to complete these studies, and is negotiating

with the Koppers Company to do this testing.

p 2. Community Profile

r The KCI site is situated in the northern portion

| of Florence County, an 804 square mile region of

predominantly flat terrain bordered by a major river,

the Great Pee Dee, on the east. The county itself is

located in northeastern South Carolina within a one

t and a half-hour drive from the Atlantic Coast and the

popular vacation spot of Myrtle Beach. Florence and

r five surrounding counties are known as the Pee Dee

t Region, named after the river which flows south into

Winyah Bay on the South Carolina coast. The Region

has a mild climate that is characteristic of the

I southeastern United States. The climate is favorable

* for agricultural production because it allows between

220 and 250 freeze-free days per year. Rainfall in

£ the Region is moderate and fairly predictable,

I although droughts have occurred.

Florence County is historically an agricultural

area. Almost half of the County is composed of

farmland — most which is cultivated for row crops

such as corn, soy beans and tobacco. Recently,

farmers have been trying to diversify their crops; the

local Agricultural Extension Office noted that a lot

of farmers were interested in growing more produce.

But over the past ten years the County's agricultural

output declined sharply. Depressed prices for all

-4-
I

i

I

I

I

&

I

crops and the move toward larger, mechanized farms has

driven some small farmers out of business.

The County's economic picture is changing. While

the agricultural picture is bleak, local officials and

business leaders describe industry in the County as

booming. Several new industrial and cominerical

facilities have been established within the past few

years around the City of Florence or the Greater

development program. This program has enticed several,

major corporations, such as General Electric, Blue

Cross-Blue Shield, and Dupont to build new facilities

or expand their present facilities in the County. The

program has also developed Florence County as a prime

location for small business by offering services to

companies who open facilities in the County, such as

economic planning assistance or employee training

programs through the Florence-Darlington Technical

College.

This upswing in industrial activity has resulted

in urbanization and population growth. Between 1970

and 1980 the number of people living in urban areas

increased by ninety percent. The County's estimated

1986 population of 18,300 is a 7.4 percent increase

over the 1980 census figure. Local leaders attribute

much of this population growth to industrial

development and to local strides to improve the

quality of life. Those include projects such as a

proposed civic arena, a proposed arts museum and

refurbishment of downtown areas. Local leaders also

spoke optimistically of efforts by the Human Affairs'

Committee of the Florence Economic Development

Commission to address cultural differences in the

changing community and respond to employment training

needs.

While stating that City and County perspectives

differ on some issues such as annexation. County and

City officials described efforts of mutual cooperation

to achieve these industrial development and

guality-of-life goals. Successful ventures such as

two industrial parks and extension of Florence City

water and sewer lines into industrial sections of the

County are cited by both groups of leaders. For its

part, the City of Florence also offers tax advantages

and has invested in the construction of recreational

facilities to attract newcomers.

The City of Florence is the Florence County seat

and represents more than one quarter of the County's

-5-
I population. A 1986 estimate of 32,400 residents shows

Florence to be one of the largest cities in South

}

Carolina. Established as a rail terminal, Florence is

still a regional hub for the CSX Corporation's

•Seaboard Systems Railroad. The City also lies at the

intersection of two major interstate routes, 1-95 and

I 1-20. Its location makes it a major crossroads for

• commerical and vacation traffic. City leaders see

tourism as a yet-to-be-developed resource.

I As a result of growth, and in order to increase

the tax base, city leaders are considering plans to

(

annex certain unincorporated areas of the County that

abut the City property. Plans for annexation center

mostly on the west side of town which is away from the

KCI site. City leaders explained that most industral

I development has taken place near industrial parks to

" the west. Furthermore, they stated annexation of

properties near the site would not add to the tax base

I

sufficiently to compensate for the increase in

municipal services that would be offered.

_ The community most directly affected by the KCI

" site is the Air Base Heights area, located in an

unincorporated section of the County, one mile east of

the city. The community is approximately one quarter

| of a mile southwest of the plant, directly across the

ft Seaboard Systems Railroad tracks. This community of

approximately twenty-five single family homes and

E

trailers is bordered by U.S. Highway 76/301 on the

south, Day Street Extension on the north, Cromwell

Drive on the east and New Street on the west. Air

Base Heights is described by residents and local

I leaders as a small community of low to moderate income

• families. Although it is primarily residential, a few

small businesses such as an auto-repair garage and a

ff service vehicle lot are located in the area.

It is reported that due to the lack of drinkable

(

well water and due to the area's proximity to industry

such as KCI, Southeastern Steel and the CSX railroad

switching yard, residents who were able to do so have

moved from Air Base Heights. Some current residents

f of this area stated that if not for economic reasons

» they would move out. Several houses in the area are

for sale, but a resident noted that no one wants to

ff buy them. Others expressed varying degrees of hope

F about selling their property. Since the extension of

city water to the community the issue of drinkable

water has become less of a concern. One official,

It hovever, said that the right to drink well water is

important to people in this community.

-6-
I

i

I

I

I

I

f

-.

F

*

U U >• D

i

I

I

f

With the airport, industry, and downtown Florence

all within a four-mile radius of the neighborhood,

many of the residents work in commercial or industrial

jobs. No active community or civic organizations were

rioted in this area, but residents reported active

affiliation with the local churches.

3. History and Analysis of Community Concerns

Residents of Air Base Heights recalled the

problem of a foul odor in their well water 20 years

ago. There are no records to indicate that action was

taken about the water problem at that time, but local

residents report that they wondered if it was related

to KCI operations. DHEC officials noted that KCI has

a long history of problems with contaminated runoff

into soil and surface water. In the 1970's citizens

downstream of the site complained to DHEC about the

quality of water in the streams, causing DHEC to

investigate and force KCI to correct these problems.

The first recorded citizen complaint about

private well water near the site was in 1980. In that

year, a resident in the Air Base Heights community

took a sample of his well water to the regional DHEC

office in Florence. He expressed concern that the

water had a strong creosote odor and a "bad" taste.

DHEC tested the citizen's well and conducted more

testing in the area around his house. Results of this

testing showed that the private wells in the Air Base

Heights community were contaminated with creosote.

Two local residents of the Air Base Heights

community also filed a lawsuit claiming that KCI was

negligent by not storing its waste properly. The

lawsuit alleges that KCI caused severe health problems

in people who drank private well water in the area

near the site.

While the level of citizen concern in the

affected community is high, the level of action is

low. This was evident in discussions with State,

County and local officials, who said they have heard

little, if any, concern expressed about the site from

residents of the affected community or people living

elsewhere in the area. Most people interviewed were

unaware of any problems at the site and no one

reported the existence of any committees formed or

meetings held to address the problem of ground-water

contamination in the area around the site.

-7-
I U Ly ,''

1

1

I

I

1

i

I

I

I

Although several articles have been published in

the local newspaper, few people outside the affected

community were aware of the site's hazardous waste

problems. Most elected officials stated that they

were unaware of the fact that the site was on the NPL

or that there was any Federal involvement at the

site. Minimal communication was reported between the

people affected by the ground-water contamination and

State and local officials.

4. Summary of Key Issues and Community Concerns

Interviews with local officials and residents in

the site area revealed that their primary concerns

center on water quality, availability of information,

and health effects. In addition to these major

concerns, business leaders were concerned about the

possible negative effects from media coverage of the

site problem — specifically any escalation of alarm

that might occur, and about the impact of government

intervention into business. The major concerns are

described as follows:

a. Water Quality

Though residents in the area where wells

F were determined to be contaminated were put on

fc City water, some businesses were reported to be

using well water. Furthermore, some people

m living northwest of the site still rely on well

I water drawn from the region's uppermost aquifer,

the Pee Dee aquifer. Concern for these residents

was expressed by DHEC officials and area

i residents expressed concern that ground-water

• oualit qualityv i inn genera aenerall b bee protected protected..

Discussions with State and local officials,

elected leaders and citizens revealed the

following concerns:

Some people to the northwest of the

"site are using private well water and

officials are concerned about the

potential for future contamination in

this area.

• . Some businesses in the Air Base Heights

| -area where well contamination had

occurred refused City water and still

use private well water.

I
I

i

i

I

\

An organic decay smell was reported in

water at a nearby industrial facility.

Plans for KCI to discharge effluent

from its future waste pre-treatment

facility into the City's sewer system

I have prompted local concern about the

* safety of the water supply.

I b. Availability of Information

Interviewees repeatedly expressed concern

• over lack of information. Most people contacted

I knew about the KCI facility, but did not

associate it with any problems. They were

unaware of the site's NPL listing or any other

| Federal action. Little media coverage was given

I to the site; other than contacts with residents

of the Air Base Heights community, DHEC officials

did not report any community outreach programs. i

f

I

I

i

I

The health of people who drank the

_ contaminated ground water near the site was the

i major concern of the residents in the immediate

site area. The pending lawsuit deals with

allegations of KCI responsibility in the

I development of leukemia in a young child whose

mother lived near the site and drank private well

water during her pregnancy.

The kind of information interviewees sought

included:

At what step is the KCI site in the

Superfund/RCRA process?

Will EPA supply information that the

public can use and understand?

Why is the only information about this

site coming from KCI?

Is the local newspaper providing the

kind of attention the site deserves?

c. Health

Concerns about the health effects centered

primarily on people who drank the contaminated

ground water. Concerns were expressed such as:
i

i

I

i i U u

I

I

r

I

F

I

What are the long-term health effects

of the contaminants found in the

private wells?

Why didn't DHEC test the samples to

fc ' determine the exact cause and level of

I contamination of the private wells?

What will be the health effects on the

people who still get their water i

the contaminated Pee Dee aquifer?

B. COMMUNITY RELATIONS TECHNIQUES AND OBJECTIVES

| people who still get their water from

I The following community relations techniques and

objectives are suggested for this site:

1. Establish an Information Contact

Objective: To provide accurate and timely

responses to questions from residents, State and local

officials, civic groups and the media throughout the

Superfund/RCRA process and to coordinate communication

with other officials and agencies such as the Agency

for Toxic Substance and Disease Registry (ATSDR).

This is especially important at this site due to the

dual programs involved and the confusion that may

result from this unusual circumstance.

Method: Glenn May, the EPA Compliance Officer

for the KCI site, in coordination with Michael

Henderson of EPA Region IV Community Relations staff,

will be available to respond to questions from

interested parties. (See Appendix A for addresses and

phone numbers for the above.)

2. Establish and Maintain an Information Repository

I

\

I

Objective: To ensure that current, accurate,

(

understandable information is available to interested

parties.

Method: Fact sheets, site reports (e.g., the

Community Relations Plan, the Review of RI/FS

Documents, and the final RI/FS report) and other

pertinent site information, as well as general

information about the Superfund and RCRA programs,

will be included in the repository. The repository

will be located in the main branch of the Florence

County Public Library in Florence, S.C. (See

Appendix B for the contact, address and phone number

for the library.)

-10-

»
I

i

I

f

I

I

I

r

f

I

I

I

1

f

I

I

3. Fact Sheets and Updates on Site Progress for Area

Residents and Other Interested Parties

Objective: To provide the community with factual

information about Superfund, RCRA, the KCI site and

site activities.

Method: Basic information about the Superfund

and RCRA programs and enforcement process will be

provided. (This activity may be satisfied by using

existing EPA brochures or other materials, or may be

included as part of a site-specific fact sheet). A

site-specific fact sheet will be developed by EPA

technical staff to explain the purpose of an RI/FS and

an RFI/CMS, general activities during the RI/FS or

RFI/CMS, and the enforcement process.

An additional fact sheet(s) explaining and

summarizing the findings of the RI/FS and the next

steps to be taken at the site, will be prepared. The

rationale for EPA's remedial action plans will be

explained in the fact sheet, as will facts that are

known and questions that remain regarding the site.

EPA will work with the Agency of Toxic Substances and

Disease Registry to ensure that accurate information

is reported on potential health effects. In addition

to mailings, EPA may distribute fact sheets by working

in cooperation with the area churches, which appear to

be a good source of communication with a large section

of the populace.

4. Informal Meetings with Area Residents, Citizen .

Groups, Local and State Officials, as Needed

» Objective: To continue to monitor and assess

concerns, and promote communication with local

officials and community members.

Method: Small meetings may be held with local

officials and area residents. The purpose of the

meetings would be to: (a) establish an EPA contact

and presence in the community and (b) acquaint

officials and interested citizens with the Superfund

and RCRA enforcement process as well as the goal and

process of a Remedial Investigation and Feasibility

Study and RCRA permitting action.

If there is interest, a meeting (or series of

meetings) may be held before completion of the RI/FS

or RFI/CMS to explain the purpose and rationale for

EPA's activities and-"to answer questions. Because

there is particular "interest in potential health

-11-
fc effects and ground-water quality, it is recommended

that representatives with knowledge of health and

• technical issues attend these meetings.

5. Updates with State and Local Officials and Key

Area Residents, as Needed

I

I

i

I

f

Objective: To inform officials and key

interested groups or individuals of the schedule of

RFI/CMS, and to continue to monitor community concerns,

Method: County officials, DHEC officials, and

key area residents will be informed by EPA about all

site activities (subject to changes in the enforcement

activities by EPA). Notification of any significant

delays or changes in the schedule of on-site

activities will be provided by periodic updates. This

activity effectively complements the use of informal

meetings.

6. News Releases

r Objective: To ensure that the media and general

public receive accurate information on the findings

and developments as they occur.

Method: News releases will be issued as needed

and upon completion of major milestones such as the

RI/FS or RFI/CMS. (See Appendix A, Section F for

local media contact information.)

7. Public Notice

Objective: To provide official notice of public

meetings and public comment periods.

I Method: EPA Region IV Community Relations staff

will be responsible for providing public notice at

I least one to two weeks prior to a public meeting or

I public comment period. This public notice may take

the form of a display ad and/or an announcement in the

legal notice section of area newspapers and broadcast

I via local radio and television public service

* announcements. (See Appendix A, Section F for the

legal advertising and public service announcement

f information.)

i 8. Public Meeting

-" Objective: To facilitate public input on major

Agency decisions concerning \_he sic&.

-12-
i

\

I

*

I

u

Method: Once the RI/FS or RFI/CMS is completed

and communication has been achieved in the community

through informal contacts, a public meeting may be

held, if there is interest, to explain the major

conclusions of the RI/FS or the RFI/CMS. The degree

of public participation and information available for

public comment may change subject to the development

of EPA's enforcement efforts.

9. Public Comment Periods

Objective: To provide for public input to

site-related issues and decisions.

I U

Method: At certain milestones in dealing with

Superfund sites, public comment periods will be held,

F for example, when the RI/FS or RFI/CMS is completed.

L A minimum thirty-day public comment period will allow

members of the public to comment on the FS or CMS. In

r addition, public comment periods may be provided prior

| to EPA decisions on other major site actions, for

example on possible deletion of the site from the NPL,

or on cleanup activities.

• 10. Responsiveness Summary

I Objective: To ensure that public input and

^ comments are considered by EPA decision-makers.

^ Method: Following a public comment period, a

I Responsiveness Summary will be written, summarizing

public concerns and issues raised during the public

comment period. The Responsiveness Summary will

accompany the appropriate decision document.

11. Community Relations Plan Revisions

Objective: To reflect changes in the level and

nature of community concern during the RI/FS or

RFI/CMS, changes in planned activities based on the

results of the RI/FS or RFI/CMS, and changes in EPA's

enforcement efforts.

{ Method: The Community Relations Plan will be

revised if there are indications of major changes in

the enforcement process or community concerns.

-13-
C SCHEDULE AND TIMELINE

Community relations activitie s at the KCI site will be conducted by Glenn May, the EPA Region IV Compliance Officer and Michael Henderson.

-~3 the EPA Region IV Superfuiid Community Relations Coordinator. Technical and community relations contract assistance may also be involved.

- as requested by EPA. Community relations activities at the KCI site may be implemented and should coincide with the technical milestones

---. for the site. Projected activates may be modifies as a result of enforcement actions taken by EPA.

Technical Milestones

Community Relations

____Technique_______ Purina RI/FS Completion of RI/FS Deletion of Site Selection of Remedy

U Information Contacts _________-__----.-------_------..-- - . update information contacts as needed ------------------ -

2) Information Repository ————- — —— —— --_.---.--.----.----- update repositories as needed ——————————------------

3 ) Fact sheets an d Updates XX X X

4) Informal Heelings - — --x------------------------ meet with residents/groups as needed — —— — — ———— — -- — --------

5) Telephone updates, as needed __-_--_----_------__--_---_-_-_-----------_- - — ------------- —————————————————— ---------

6 ) News Releases1 XX X X

7 ) Public Notice an d X X X

Mail-in Coupon

B) Public Meeting X X

9) Public Coinnent Period X

10) Responsiveness Summary X

11) Community Relations ————-__---_..--_—..________.-----_- jf significant changes \n community Interest or EPA ----

Plan revisions enforcement efforts occur.

NOTE: . A dfill£4 line indicates continuous activities.

14
f

*

I

I

I

I

«•

I

I

I

I

APPENDIX A — LIST OF INTERESTED PARTIES

I A. Federal Representatives

•Senator Strom Thurmond

J 218 Russell Senate Office Building

Washington, DC 20510

(202) 224-5972

I Senator Ernest P. Rollings

125 Russell Senate Office Building

- Washington, DC 20510

I (202) 224-6121

Representative Robin Tallon (Sixth District)

f 432 Cannon House Office Building

f Washington, DC 20515

(202) 225-3315

r

| B. Federal Agency Officials

Mr. Glenn May

Compliance Officer

U.S. Environmental Protection Agency

345 Courtland St., NE

Region IV

Atlanta, GA 30365

(404) 347-7603

Mr. Carl Terry

U.S. Environmental Protection Agency

Region IV

345 Courtland St., NE

Atlanta, GA 30365

(404) 347-3004

Ms. Jo Ann Benante

U.S. Environmental Protection Agency

Region IV

345 Courtland St., NE

Atlanta, GA 30365

(404) 347-7603

Mr. Wayne Lee

Regional Counsel

U.S. Environmental Protection Agency

Region IV

345 Courtland St., NE

Atlanta, GA 30365

(404) 347-2641

A-l
I

k

I

U

I

I

I

I

f

Mr. Michael Henderson

Superfund Community Relations Coordinator

U.S. Environmental Protection Agency

Region IV

345 Courtland St., NE

Atlanta, GA 30365

(404) 347-3004

Mr. Chuck Pietrosewicz

Agency for Toxic Substances and Disease Registry

(ATSDR)

U.S. Environmental Protection Agency

345 Courtland St., NE

Atlanta, GA 30365

(404) 347-2234

C. State Representatives

Governor Caroil Campbell

The Capitol

P.O. Box 11369

Columbia, SC 29211

(803) 734-9818

Senator Hugh Leatherman

The State Senate

P.O. Box 11867

Columbia, SC 29211

(803) 734-2896

Representative Billy McLeod

The State House of Representatives

P.O. Box 11867

Columbia, SC 29211

(803) 734-3028

D. State Officials

Commissioner Michael D. Jarrett

S.C. Department of Health and Environmental Control

2600 Bull St.

Columbia, SC 29201

(803) 734-4880

I Mr. Warren Hardy

Director of Public Affairs

I

S.C. Department of Health and Environmental Control

2600 Bull St.

Columbia, SC 29201

(803) 734-5038

k

I

i

I

i

i

A-2

I
I

I

I

i

I

r

;

I

I

F

I

Mr. W. James Kelley, Jr.

District Hazardous Waste Consultant

Pee Dee District

S.C. Department of Health and Environmental Control

3204 Industrial Blvd., Rt. 11

Florence, SC 29501

(803) 662-3522

Mr. Marion R. Rembert, P.E.

S.C. Department of Health and Environmental Control

3204 Industrial Blvd., Rt. 11

Florence, SC 29501

(803) 662-3522

Mr. Chris Staton

Bureau of Solid and Hazardous Waste Management

S.C. Department of Health and Environmental Control

2600 Bull St.

Columbia, SC 29201

(803) 734-5200

E. County and Local Officials

} Mr. Barry L. Elliott

• County Administrator

Drawer G

I City-County Complex

E, Florence, SC 29501

(803) 665-3036

Mr. James H. Schafer

Director of General Services

County of Florence

Drawer G

City-County Complex

Florence, SC 29501

(803) 665-3034

Mr. Jim R. Harwell

Florence County Council Member (Sixth District)

Rt. 1, Mars Bluff Community

Florence, SC 29501

(803) 669-6730

Mr. Jerry M. Keith

Florence County Council Member (Seventh District)

120 South Coit St.

Florence, SC 29501

(803) 662-8808

r

A-3
i

i

i

\

\

t»

i

i

Rev. Vandroth Backus

Florence County Council Member (Third District)

450 North Dargan St.

Florence, SC 29501

(803) 662-0539

Mr. Peter D. Hyroan

County Attorney

P.O. Box 1770

Florence, SC 29501

(803) 662-6321

Mr. A.J. Kinder

County Director of Agricultural Extension

P.O. Box 13499

Florence, SC 29501

(803) 662-8719

Mayor Joe W. "Rocky" Pearce

Mayor of Florence

Drawer AA

City-County Complex

Florence, SC 29501

(803) 665-3151

Mr. Forrest M. Whittington

City Engineer

Drawer EE

City-County Complex

Florence, SC 29501

(803) 665-3238

Mr. J.C. Alexander

President

Mr . Greg Deas

Chief

Windy Hill Volunteer Fire Department

P.O. Box 15180

Quinby, SC 29501

(803) 662-2050

F. Local Media

1. Newspapers

The Florence Morning News (Daily)

141 South Irby St.

Florence, SC 29501

(803) 669-1771

Editor: Don Gordon

A-4
I

I Legal Advertising: Dana Jordan

Deadline: Three days prior to publication

• Cost: 60# per line

I Circulation: 32,000 weekly

34,000 Sunday

I The Florence News and Shopper (Weekly, on Wednesday)

• 146 West Evans St.

Florence, SC 29501

(803) 667-9656

I

Legal Advertising: Jim Harris

(

Deadline: Friday COB for Wednesday publication

Cost: 67£ per line

Circulation: 38,000 (mailed free to Florence

residents)

i_ 2. Radio Stations

r WJKX-AM/FM

I Box FM106X

Florence, SC 29501

(803) 667-9569

f Send Public Service Announcements to Tammy

Galloway

I WOLS-AM

| P.O. Box 2497

Florence, SC 29503

r (803) 665-1230

I Operations Manager: Rich Kincaid

Send Public Service Announcements three days

prior to event

i

I

w

\

WYNN-AM

170 East Palmetto St.

Florence, SC 29501

(803) 662-6364

PSA Director: Janis Bucote

Send Public Service Announcements one week prior

to event

3. Television Stations

WGTW-TV, Channel 13

CBS Affiliate

3430 T.V. Road

Florence, SC 29501

(803) 662-1565

Assignment Editor: Jim Griffin

A-5
I

U ! U .'

I

I

I

I

I

I

i

t

I

I

r

WJPM-TV, Channel 33

PBS Affiliate

2712 Millwood Ave.

Columbia, SC 29205

(803) 758-7238

WPDE-TV, Channel 15

ABC Affiliate

Box F-15

Florence, SC 29501

I (803) 665-1515

Assignment Editor: Horace Beasley

G. Other Interested Parties

Mr. Brent Savage, Esq.

P.O. Box 2364

Savannah, GA 31498

(912) 233-1108

Mr. John C. Lemacks, Jr.

President, Greater Florence Chamber of Commerce

P.O. Box F-22

Florence, SC 29501

(803)

F

Mr. Stewart W. Snow, Esq.

Dusenbury & Snow, P.A.

201 W. Evans St.

Florence, SC 29501

(803) 669-6481

A-6
I

I

I

I

I

I

!

I

APPENDIX B

LIST OF POTENTIAL SITES FOR INFORMATION

I REPOSITORY AND LOCAL MEETINGS

1. Information Repository

Florence County Public Library

Main Branch

310 S. Irby St.

Florence, SC 29501

(803) 662-8424

Director: Robert C. Davidson

Public Services: Salley Martin

Hours: Monday to Thursday, 9 a.m. to 8:30 p.m.

Friday to Saturday, 9 a.m. to 5:30 p.m.

Sunday, 2 p.m. to 5 p.m.

The library is a U.S. Government Document Depository

and has photocopying facilities available.

2. Local Meeting Sites

I Henry Timrod Elementary School

Old Marion Highway

Rt. 6, Box 75

Florence, SC 29501

(803) 669-1391

Contact: Ms. Linda Huggins, Principal

Capacity: Cafitorium holds 300 and is handicapped

accessible

Lester Theodore Elementary School

| 3501 Palmetto St.

I Florence, SC 29501

(803) 669-8003

(

.Contact: Ms. Evelyn Heywood, Principal

Capacity: Cafitorium holds 660 and is handicapped

accessible

( Wilson High School

1411 Old Marion Highway

Florence, SC 29501

1

(803) 662-2231

Contact: Mr. Allie Brooks, Principal

Capacity: Auditorium holds 400 and is handicapped

accessible

E-l
ADMINISTRATIVE HEARING PROCEDURES FOR RCRA SECTION 3008Ch) ORDERS

I.

.1. An administrative action under Section 3008(h) of the

Resource Conservation and Recovery Act (RCRA) shall be commenced

by issuance of an administrative order. When the order is issued

unilaterally, the order shall be referred to as an initial*administrative order and may be referenced as a proceeding under

Section 3008(h). When the order has become effective, either

after issuance of a final order following a final decision by the

Regional Administrator or after thirty days from issuance it no

hearing is requested, the order shall be referred to as a final

administrative order. Where the order is agreed to by the parties,

the order shall be denominated as a final administrative order on

consent.

2. The initial administrative order shall be executed by

an authorized official of EPA (petitioner), other than the Regional

Administrator or the Assistant Administrator for the Office of

Solid Waste and Emergency Response. For orders issued by EPA

Headquarters, rather than by a Regional office, all references

in these procedures to the Regional Administrator shall be understood to be to the Assistant Administrator for the Office of

Solid Waste and Emergency Response or his delegatee.

3. A Clerk shall be designated by the Regional Administrator to receive all initial orders, final order*, responses,

memoranda, and documents regarding the order and to raaincain the

official record and docket.
-2- u

4. The original and one copy of the initial administrative

order, the final decision and the final administrative order, and

one copy of the administrative record and an index thereto must

be filed with the Clerk designated for Section 3008(h) orders.

In addition, all memoranda and documents submitted in the proceeding shall be filed with the Clerk.

5. The Clerk (or some other designated EFA employee) shall

arrange for the effectuation of service of the initial administra -

tive order, the fina l decision, and fina l administrative order.

Service of a copy of the initial administrative order togethe r

with a copy of these procedures, the final decision, or a fina l

administrative order, shall be made personally or by certifie d

mail, return receipt requested, or, if personal service can not

be effectuated or certified mail is returned refused or unsigned ,

by regular mail, on the respondent or his representative. The

Clerk shall serve other documents from the Presidin g Office r by

regular mail.

6. Service of all documents, filed by the parties, shall

be made by the parties or their representatives on other partie s

or their representatives and may be made by regular mail, wit h

the original filed with the Clerk.

7. Service of the initial administrative order and fina l

administrative order is complete upon receipt by respondent

(or the respondent's agent, attorney, representative or other

person employed by respondent and receiving such service),

personally or by certifie d mail, or upon mailing by regular

mail if personal service or certified mail can not be accomplished, in acccrdence with Paragraph 5. Service of all other
pleadings and documents is complete upon mailing , except as

provided in Paragraphs 15 and 25.

8. The initial administrative order becomes a final administrative order thirty (30) days after service of the order,

unless the respondent files with the Clerk within thirty (30)

days after service of the order, a response to the initial orde r

order and requests a hearing.

9. The response to the initial order and request for a hearing must be in writing and mailed to, or personally served on,

the Clerk of the Regio n which issued the order.

10. The response to the initial order shall specify each

factual, or legal determination , or relief provision in the

initial order the respondent disputes.

^

11. Upon receipt of a request for a hearing, the Regiona l

Administrato r shall designat e a Presidin g Office r to conduc t the

hearing and preside over the proceedings.

12. The respondent may request an inforTnal settlement conferenc e at any time by contacting the appropriat e E?A employee .

as specifie d in the initial administrative order. A request for

an informal conference will not affec t the respondent's obligatio n

to timely request a hearing.

Whether or not the respondent requests a hearing, the partie s

may confer informally concerning any aspect of the order. The

respondent and respondent's representatives shall generally be

allowed the opportunity at an informal conference to discuss with

the appropriate Agency technical and legal personnel all aspects
U !

of the order, in particular the basis for the determination that

a release has occurred and the appropriateness of the ordered

corrective action.

13. If the initial order directs the respondent (a) to

undertake only a RCRA Facility Investigation and/or Corrective

Measures Study, which may include monitoring, surveys, testing.

information gathering, analyses, and/or studies (including studie s

designed to develop recommendations for appropriate corrective

measures), or (b) to undertake such investigations and/or studies

and interim measures, which are neither costly nor technically

complex and are necessary to protect hunan health and the environment prior to development of a permanent remedy, the hearing

procedures set forth in Section II, A., Paragraphs 14 through 19,

shall be employed for any requested hearing. If the respondent

seeks a hearing on an order directing tha t corrective measure s or

such corrective measures together with studies be undertaken, the

hearing procedures set forth in Section II, B., Paragraphs 20

through 30, shall be employed. The procedures contained in

Section I, Paragraphs 1 through 13 and Section III, Paragraphs 31

through 33 shall be followed regardless of whether the initial

order directs respondent to undertake an investigation or implement corrective measures.

II.

A. Hearings on Orders Requiring Investigations or Studies

14. The Presiding Office r shall be any employee of the Agency

designated by the Regiona l Administrato r other than a person
-5-

I I U i

who drafted or participated in drafting the order in question .

If, after issuance of the initial order and prio r to issuance

of the final order, the Regional Administrator , Presidin g Officer .

or any person who will advise these officials in the decision or.

the case receives from or on behalf of any party in an ex part e

communication information which is relevant to the decision en

the case and to which other parties have not had an opportunitv

to respond, a sunmary of such information shall be served on all

other parties, who shall have an opportunity to reoly to sarae

within ten (10) days of service of the sunmary.

15. The Presiding Office r shall establish the date and r ine

for the requested public hearing. Subject to Paragraph 16, the

hearing shall be scheduled and held within thirty (30) days of

the Agency's receipt of the request for a public hearing.

At any time up to five (5) business days before the hearir z

respondent may, but is not required to, submit for inclusio n in

the administrative record information and argument supoortir.e

respondent's positions on the facts, law, and relief, as each

relates to the order in question. All factual representation s

made by respondent must be in writing by affidavit. A copy of

any information or argument submitted by respondent shall be

served such that the Clerk and petitioner receive same at least

five (5) business days before hearing.

16.- The Presiding Office r may grant an extension of tire

for the conduct of the hearing, upon written request of eithe r

-party, for good cause shown, and afte r consideration of any
-6-

prejudice to other parties. The Presiding Officer may noc

extend the date by which the request for hearing is due under

paragraph 8.

17. The hearing shall be held in the city in which the

relevant EPA Regional Office is located, unless the Presiding

Officer determines that there is good cause to hold it in another

location.

18. The Presiding Officer shall establish the agenda for

the hearing and conduct the hearing in a fair and impartial way,

taking action as needed to avoid unnecessary delay, exclude

redundant material, and maintain order during the proceedings.

Representatives of EPA shall introduce the administrative record

and be prepared to summarize the basis for the order. The

respondent shall have a reasonable opportunity to address relevant

issues and present its views through legal counsel or technical

advisors. The Presiding Officer may also allow technical and

legal discussions and interchanges between the parties, including

responses to questions to the extent deemed appropriate. It is

not the Agency's intent to provide EPA or respondent an opportunity to engage in direct or cross examination of witnesses.

Where respondent can demonstrate that, through no fault of its

own, certain documents supportive of its position could not have

been submitted before hearing in accordance with the requirements

of Paragraph 15, it roay submit such documents at hearing. Otherwise no new documentary support may be submitted at hearing.

Unless otherwise directed by the Presiding Officer, factual
-7-

represencacions made by respondent shall be in writin g by

affidavit. The Presiding Office r may uoon request grant petitione :

leave to respond to submissions made by respondent pursuant to

this paragraph or Paragraph 15.

19. As soon as practicable afte r the conclusion of the

hearing a written summary of the proceeding shall be prep-ared.

This summary shall, at a minimum, identify (a) the dates of and

known attendees at the hearing, and (b) the bases upon which the

respondent contested the terms of the order. The summary must

be signed by the Presidin g Officer.

The Presiding Office r will evaluate the entire administrative

record and, on the basis of that review and the representations

of E?A and respondent at the hearing, shall prepare and fil e a

^

statement recommending to the Regional Administrator that the

initial order be modified , withdrawn , or issued without modifica -

tion. The statement must address all significant arguments

raised by respondent and provide support, through citation to

materia l contained in the record or adduced at the hearing , for

any decision to modify a term of the order, withdraw the order,

or issue the order without change.

The statement shall be based on the administrative record,

including the hearing and supplemental submissions. If the

Presiding Office r finds that there is not adequate support in

the record for the initial order, the Presiding Officer may

recommend that the order be modifie d and issued on tems that are

supported by the record , or withdrawn.
-8-

B. Hearings on Orders Requiring Corrective Measures

20. The Presiding Office r shall be either the Regiona l

Judicial Officer, or another attorney employed by the Agency who

has had no prior connection to the Section 3008(h) initial order

that is the subject of the proceeding.

If, after issuance of the initial order and prior to issuance

of the final order, the Regional Administrator, Presiding Officer,

or any person who will advise these officials in the decision on

the case receives from or on behalf of any party in an ex parte

communication information which is relevant to the decision on the

case and to which other parties have not had an opportunity to

respond, a summary of such information shall be served on all other

parties, who shall have an opportunity to reply to same within

ten (10 ) days of service of the summary.

21. The Presiding Office r shall establish an expeditious

schedule for: (a) the submission by respondent of a memorandum,

with appropriate affidavits and exhibits, stating and supportin E

respondent's position on the facts, law and relief, specifying

the bases upon and manner in which such determinations or relie f

provisions, if erroneous, require modification or withdrawa l of

the order; (b) submission of a response by EPA; and (c) a publi c

hearing. Subject to'paragraph 22., * hearing shall be scheduled

within 45 days of the order setting the schedule.

22. The Presiding Officer, as appropriate, may grant an exte*

sion of time for the filing of any document, other than a request

for a hearing unde r "paragraph 8, or may grant an extension of
-9- U i i :•

time for the conduct of the hearing, upon written request of

either party, for good cause shown and after consideration of any

prejudice to other parties.

23. In accordance with the schedule set by the Presiding

Officer, the respondent shall file a memorandum stating and

supporting respondent's position on the facts, law and-relief.

The memorandum must identify each factual allegation and all

issues regarding appropriateness of the terms of the relief in

the initial order that respondent contests and for which

respondent requests a hearing. The memorandum must clearly state

respondent's position with respect to each such issue. Respondent

must also include any proposals for modification of the order.

Respondent must submit affidavits and e^ibits which support an-^~

of its factual contentions on relief and defenses. The meTio rai.jutn

shall also present any arguments on the legal conclusions con -

taine d in the order.

24. The respondent may fil e a request with the Presidin g

Office r for permission to submit written questions to the EPA

Regional Offic e issuing the order concerning issues of materia l

fact in the order. Requests shall be accompanied by the proposed

questions. In most instanced, no more than twenty-five (25 )

questions, including subquestions and subparts, may be posed.

The request and questions must be submitted to the Presiding

Office r at least twenty-one (21 ) days before the hearing.

The Presidin g Office r may direct EPA to respond to such

questions as he des 'graze s, if he determines that such quesci c
are required for full disclosure and adequate resolution of the

facts. No questions shall be allowed regarding matters of policv

or privileged internal communications relating to the deliberative

process. The Presiding Office r shall grant, deny, or modify such

requests expeditiously. If a request is granted, the Presidin g

Office r may revise questions and may limit the number and scoue cf

questions. Questions may be deleted or revised in the discretion

of the Presiding Officer for reasons, which may include the fact

that he finds the questions to be irrelevant, redundant, unneccessary, or an undue burden on the Agency. The Presiding

Office r shall transmit the questions as submitted or as modifie d

to EPA. EPA shall respond to the questions within fourteen (14 )

calendar days of service of the questions by the Presiding

Officer, unless an extension is granted.

25. The Presidin g Office r shall have the discretion to orde r

either party to submit additional information in whatever forr he

deems appropriate . The Presidin g Office r may issue subpoenas for

the attendance and testimony of persons and the production cf

relevant papers, books, and documents. Since these hearing

procedures provide elsewhere that the parties are not to engage

in direct, or cross examination of witnesses and must make any

factual representations in writing by affidavit, the subpoena

power is to serve only as an adjunct to the Presiding Officer's

authority to ask questions and otherwise take steps to clarify

factual matters which are in dispute. Upon request of the

respondent, the Presiding Office r may, in his discretion , allow
i U i

submittal by the respondent of additional information in susocr-.

of its claim, if it is received by the Clerk and petitioner at

least five (5) business days before the hearing.

25. The hearing shall be held in the city in which the

relevant EPA Regional Office is located, unless the Presiding

Officer determines that there is good cause to hold it in

another location.

27. The Presiding Officer shall conduce the hearing. The

Presiding Officer shall conduct a fair and impartial hearing.

take action to avoid unnecessary delay in the disposition or the

proceedings, and maintain order. The Presiding Officer shall

permit oral statements on behalf of the respondent and EPA. The

Presiding Officer may address questions to the respondent or the

EPA representative during the hearing. Although oral statements

will be permitted at the hearing, unless otherwise directed by

the Presiding Officer, all factual matters to be presented by

respondent must be in writing by affidavit. Apart from questions

by the Presiding Officer, no direct examination or cross-examination shall be allowed.

Upon commencement of the hearing, a representative of EPA

shall Introduce the order and the record supporting issuance of

the order, and summarize the basis for the order. The respondent

may respond to the administrative record and offer any facts,

statements, explanations or documents which bear on any issue ror

which the hearing has bee.n requested. Any such presentation by

respondent may include new documents only to the extent that
respondent can demonstrate that, through no fault of its own,

such documents could not have been submitted before hearing in

accordance with the requirements of Paragraphs 23 and 25. The

Agency may then present matters solely in rebuttal to matters

previously presented by the respondent. The Presiding Officer

may allow the respondent to respond to any such rebuttal submitted.

The Presiding Officer may exclude repetitive or irrelevant matter.

The Presiding Officer may upon request grant petitioner leave to

respond to submissions made by respondent pursuant to this paragraph

or Paragraph 25.

28. The hearing shall be either transcribed stenographicically or tape recorded. Upon written request, such transcript

or tape recording shall be made available for inspection or

copying.

29. The transcript or recording of the hearing and all

wricten submittals filed with the Clerk by the parties subsequent

to initial issuance of the order including post-hearing submissions will become part of the administrative record for the

proceeding, for consideration by the Presiding Officer and Regional

Administrator.

30. The Presiding Officer will, as soon as practicaole after

the conclusion of the hearing, evaluate the entire adminiscracive

record and, on the basis of the administrative record, prepare

and file a recommended decision with the Regional Administrator.

The recommended decision must address all material issues of

fact or law properly raised by respondent, and must recommend that

the order be modified, withdrawn oc ''ssued without modification.
The recommended decision must provide an explanation, with

citation to material contained in the record, for any decision L^

modify a term of the order, to issue the order without change or

to withdraw the order.

The recommended decision shall be based on the administrative

record. If the Presiding Officer finds that there is not adequate

support in the record for any contested required action, the

Presiding Officer may recommend that the order be modified and

issued on terms that are supported by the record, or withdrawn.

Ill

31. As soon as practicable after receipt of either the

summary and statement or the recommended decision, the Regional

Administrator will either sign, or modify such statement or ^

recommended decision, and issue it as a final decision. The

Pegional Administrator's decision shall be based on the administrative record.

32. If the Regional Administrator does not adopt portions

of the initial order, or finds that modification of the order :s

necessary, the signatory official on the initial administrative

order shall modify the order in accordance with the terms of the

final decision and file and serve a copy of the final administrative order. If the Regional Administrator finds the initial

order appropriate as originally issued, the final decision shall

declare the initial administrative order to be a final order,

effective upon service of the final decision. If the Regional

Administrator declares that the initial order must b-» withdrawn,
the signatory official on the initial administrative orde r will

file and serve a withdrawal of the initial administrativ e order.

This may be done without prejudice.

33. The final decision and the final administrative order

are final agency actions that are effective on filing and service.

These actions are not appealable to the Administrator.