BaP and As are hazardous substances, as listed in 40 CFR 302.4, and referred to in Section 101 (14) of CERCLA, as amended. BaP and As contaminated soil at the Site pose a significant threat to public health. The threat comes primarily from potential human exposure to this hazardous substance. Direct contact and ingestion of this hazardous substance is the primary pathway of exposure. Continued release of this hazardous substance may cause potential chronic health effects to persons living and working nearby.
BaP and As present in on-site surface and subsurface soils pose the following threats to public health or welfare as listed in Section 300.415 (b)(2) of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP):
Section 300.415 (b)(2)(i) Actual or potential exposure to nearby human populations, or the food chain from hazardous substances pollutants or contaminants;
The sampling that has been conducted at the Site confirm that there are levels of BaP and As in surface soils that exceed EPA RALs for these materials. TSS in a report dated March 17, 2011, determined that a time-critical removal action is warranted to address potential human health risks in the communities surrounding the facility. BaP and As are classified as carcinogenic materials. The communities surrounding the facility are classified as an Environmental Justice (EJ) Community being low-income and minority. Aerial deposition of ash from stacks at the plant is a reoccurring event in the surrounding community. A full characterization of the extent of the BaP deposition needs to be conducted in the surrounding communities as the 2009 sampling only addressed a limited number of properties surrounding the facility.
Other concerns are the historical deposition of the materials that may have migrated offsite through storm channels and into Five-Mile Creek and Harriman Park Creek, both of which cut through residential areas. Coal tar has been found in Five-Mile Creek and As in Harriman Park Creek.
Section 300.415 (b (2)(ii) Actual or potential contamination of drinking water supplies or sensitive ecosystems;
As stated earlier, the Site drains eventually into Five-Mile Creek and into Harriman Park Creek. Runoff from the Site, current and historical, may contribute to the detriment of ecosystems in the vicinity of the plant.
Section 300.415 (b)(2)(iv) High levels of hazardous substances or pollutants or contaminants in soils largely at or near the surface that may migrate;
Analytical results reveal that elevated BaP and As levels are present at or near the surface creating a potential for migration to off-site locations. A major source of the migration of the hazardous materials is via wind deposition. The surrounding community will continue to experience deposition from the plant unless controls are put in place. Jefferson County Department of Health is currently conducting air monitoring at the fence line of the facility and continue to detect As, benzene, and BaP in the 1E-4 to 1E-6 risk range in samples. EPA Air Toxics and Monitoring Branch in conjunction with Jefferson County will be placing air monitoring stations at schools in the area starting in late spring or early summer 2011.
Section 300.415 (b)(2)(v) Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released;
As stated earlier, all stormwater from the Site historically empties into Five-Mile Creek and/or Harriman Park Creek. Migration of hazardous materials will continue to occur via wind and rain.
Section 300.415 (b)(2)(vii) The availability of other appropriate federal or state response mechanisms to respond to the release;
RUST referred the Site data to ERRB for consideration under the Removal Program. Alabama Department of Environmental Management (ADEM) is knowledgeable about the Site and is aware of the on-going enforcement efforts by RUST. No formal request from ADEM has been received by ERRB.
RUST has informed ERRB that they are working through their 3008(h) Order with Walter Coke to address the offsite and onsite contamination and to conduct necessary response actions to mitigate threats associated with the facility.
Due to the threat and/or future threat to human health from the hazardous substance, the Site achieves removal eligibility based on the removal criteria listed above; however, RUST will work through their Corrective Action Order to get the PRP to conduct a response necessary to protect the surrounding communities. In the event compliance is not achieved, ERRB will re-evaluate this removal eligibility criteria.
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