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Statement of Work for Remedial Investigation and Feasibility Study Portion of Lower Passaic River Restoration Project

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Statement of Work for Remedial Investigation and Feasibility Study Portion of Lower Passaic River Restoration Project Introduction This Statement of Work ( SOW ) provides an overview of the Work that will
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Statement of Work for Remedial Investigation and Feasibility Study Portion of Lower Passaic River Restoration Project Introduction This Statement of Work ( SOW ) provides an overview of the Work that will be carried out by the Settling Parties as they complete the Remedial Investigation and Feasibility Study (RI/FS) begun by EPA for the Lower Passaic River Study Area (LPRSA) portion of the Diamond Alkali Superfund Site. This RI/FS SOW is attached to the Settlement Agreement for the LPRSA, and is a supporting document for the Settlement Agreement. Technical work described in the SOW is intended to provide more information to Settling Parties for purposes of implementing the Settlement Agreement and is not intended to change the meaning of any Settlement Agreement language. Terms used in this SOW shall have the same meaning assigned to them in the Settlement Agreement. The SOW is also consistent with both CERCLA and the NCP. Any discrepancies between the Settlement Agreement and this SOW are unintended and whenever necessary, the Settlement Agreement will control in any interpretive disputes. The RI/FS is expected to be an iterative process. Moreover, Settling Parties are assuming responsibility for completing the RI/FS at a time when certain of the Project Plans referred to in the Settlement Agreement, are not in final form. Accordingly, EPA and the Settling Parties expect and the Settlement Agreement recognizes that this SOW and the Project Plans may be modified as provided in the Settlement Agreement, subject to EPA approval. This SOW outlines a process that will be used to focus programs to gather information that is needed for the RI/FS. As specified in Section 104(a)(1) of CERCLA, EPA will provide oversight of Settling Parties' performance under the Settlement Agreement. Although EPA is currently evaluating interim actions, this Settlement Agreement does not require the Settling Parties to implement early actions or interim remedial measures (IRMs), or to perform any remedial action selected for the LPRSA. Any early actions, IRMs, or remedial action(s) selected for the LPRSA will be the subject of separate settlement agreements. EPA will document remedial action decisions in one or more records of decision. The remedial action(s) selected by EPA will not be inconsistent with the requirements of Section 121 of CERCLA and the NCP and will be coordinated with WRDA to the extent practicable. The final RI/FS report, as approved by EPA will, along with the Administrative Record developed by EPA, form the basis for remedy selection for the LPRSA and will provide the information necessary to support development of one or more records of decision. Scope of the Project The Lower Passaic River Restoration Project is a joint CERCLA and WRDA project that is being conducted by a partnership of agencies, including EPA, U.S. Army Corps of Engineers (USACE), New Jersey Department of Transportation, (NJDOT), National Oceanic and Atmospheric Administration (NOAA), U.S. Fish and Wildlife Service (USFWS) and New Jersey Department of Environmental Protection (NJDEP) [ the Partner Agencies ]. The Work required under the Settlement Agreement and this SOW represents the CERCLA portion of the RI/FS, which is EPA s responsibility to implement, in coordination with the Partner Agencies. The goal of the project is to integrate the results of the CERCLA RI/FS with the results of the WRDA Study to produce a comprehensive plan for remediating and restoring the Lower Passaic River. To the extent practicable, EPA will integrate the results of the CERCLA RI/FS with the results of the WRDA Study to produce a comprehensive plan for remediating and restoring the LPRSA Purpose of the RI/FS The purpose of this RI/FS is to determine the nature and extent of contamination within the Lower Passaic River Study Area of the Diamond Alkali Superfund Site, and to develop and evaluate remedial alternatives. For the purposes of this effort, the Lower Passaic River Study Area is defined as the 17-mile tidal stretch of the Passaic River and its tributaries from Dundee Dam to the River s mouth at Newark Bay. Contaminants of Potential Concern (COPCs) referred to in this SOW include, but are not limited to, dioxins/furans, polychlorinated biphenyls (PCBs), polyaromatic hydrocarbons (PAHs), pesticides and metals. The RI and FS are interconnected and are conducted concurrently so that the data collected in the RI are used in the development of remedial alternatives in the FS, which in turn affect the data needs and scope of treatability studies, if necessary. An RI/FS for the Newark Bay Study Area of the Diamond Alkali Superfund Site is being conducted under the Newark Bay AOC. Under the Newark Bay AOC, the Newark Bay Study Area is defined as Newark Bay and portions of the Hackensack River, Arthur Kill and Kill van Kull. Since the LPRSA and the Newark Bay Study Area are hydrodynamically linked waterbodies, the RI/FS for the Lower Passaic River Restoration Project must be conducted consistently and in coordination with the RI/FS for Newark Bay. EPA will select a remedy for the LPRSA that will be documented in one or more CERCLA Records of Decision (ROD). The remedy selected by EPA will meet the cleanup standards specified in CERCLA Section 121 and the NCP. That is, the selected remedial action will be protective of human health and the environment, will be in compliance with or include a waiver of applicable or relevant and appropriate requirements (ARARs) of other laws, will be costeffective, will use permanent solutions and alternative treatment technologies or resource recovery technologies, to the maximum extent practicable, and will address the statutory preference for treatment as a principal element. The final RI/FS Report, as adopted by EPA, along with the Administrative Record and comments from the public will form the basis for the selection of the LPRSA s remedial actions. As specified in CERCLA Section 104(a)(1), EPA will provide oversight of Settling Parties activities throughout the RI/FS. Settling Parties shall support EPA s initiation and conduct of activities related to the implementation of oversight activities. 2 Remedial Investigation A. Goals and Objectives of the RI 1. Identify and quantify the hazardous contaminants present in sediment, water and biota; 2. Understand the vertical and horizontal distribution of hazardous contaminants in the LPRSA; 3. To the extent practicable, identify sources of historical hazardous contamination; 4. Quantify any significant continuing sources of hazardous contaminants; 5. Understand the geomorphological setting and processes (e.g., resuspension, transport, deposition, weathering) affecting the stability of sediment; 6. Understand the key chemical and biological processes affecting the fate, transport and bioavailability of hazardous contaminants; 7. Identify the complete or potentially complete human and ecological exposure pathways for the hazardous contaminants; 8. Identify current and potential future human and ecological risks posed by the hazardous contaminants; 9. Collect data necessary to evaluate the potential effectiveness of natural recovery, in-situ capping, sediment removal, and promising innovative technologies; and 10. Provide a baseline of data that can be used to monitor remedy effectiveness in all appropriate media (generally sediment, water, and biota). B. Remedial Investigation Activities 1. The LPRSA CERCLA RI activities shall be conducted in accordance with the Settlement Agreement, this SOW, guidance referenced therein and the CERCLA portions of the following Project Plans as approved by EPA, as the same may be modified in accordance with the procedures set forth in the Settlement Agreement: a. Lower Passaic River Restoration Project Work Plan, August 2005; b. Quality Assurance Project Plan, Lower Passaic River Restoration Project, August 2005; 3 c. Lower Passaic River Restoration Project Field Sampling Plan Volume 1, January 2006 (to be refined based upon the results of Step 3 of the Baseline Ecological Risk Assessment as defined in Section A.7.b. of the SOW); d. Lower Passaic River Restoration Project Health and Safety Plan, January 2005, as amended through July 2005; e. Lower Passaic River Restoration Project Pathways Analysis Report, July 2005; f. Lower Passaic River Restoration Project Modeling Work Plan, August 2006; g. Newark Bay Study Modeling Work Plan Addendum, August 2006 (in close coordination with the Newark Bay AOC Settling Party, to ensure that one model is developed that includes the Lower Passaic River and Newark Bay watershed); h. Lower Passaic River Restoration Project Field Sampling Plan Volume 2 (draft dated August 2005 to be approved by EPA in coordination with the Partner Agencies) (to be refined based upon the results of Step 3 of the Baseline Ecological Risk Assessment as defined in Section A.7.b. of the SOW); I. Lower Passaic River Restoration Project Field Sampling Plan Volume 3 (draft dated July 2005 to be approved by EPA in coordination with the Partner Agencies) (to be refined based upon the results of Step 3 of the Baseline Ecological Risk Assessment as defined in Section A.7.b. of the SOW); and j. The CSO Study Work Plan, currently under development, which is to be the subject of a separate administrative consent order between EPA and the respondents named therein. Settling Parties shall be responsible only for the performance and financing of those tasks described in the Project Plans which are necessary to complete the CERCLA RI/FS and not for the performance and financing of those tasks which are exclusively WRDA or NRDA activities. The Settling Parties with the exception of Occidental Chemical Corporation and its assigns including Tierra Solutions, Inc., and any other parties that have received notices of potential liability with regard to Newark Bay, shall not be responsible for the performance of the sampling or gathering of data required by the Newark Bay AOC, nor for the tasks described in the CSO Study Work Plan. 4 2. Settling Parties shall perform the Work (i.e. the CERCLA RI/FS activities) as approved by EPA, detailed in the Project Plans listed above, except to the extent that the Work has been or will be completed by EPA and/or the Partner Agencies. Settling Parties shall perform the Work in accordance with the Quality Assurance Project Plan (August 2005) and the Lower Passaic River Restoration Project Health and Safety Plan, January 2005, as amended through July Given unknown site conditions, field investigation activities are often iterative. In order to satisfy the objectives of the RI/FS, it may be necessary for Settling Parties or EPA to modify the Work specified in the Project Plans described in Section B.1 of the SOW. If the Settling Parties propose any modifications, they shall submit them to EPA for review and approval in accordance with Paragraph 39 and Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agreement. 4. Within 30 days of the Effective Date of the Settlement Agreement, Settling Parties shall submit a detailed schedule ( Project Schedule ) for EPA review and approval pursuant to Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agreement. The Project Schedule shall include dates by which action or submission by entities other than the Settling Parties or their contractors or subcontractors must be accomplished in order to achieve the completion date. 5. For all field investigation tasks, Settling Parties shall address the following logistical, documentation and reporting activities: a. Settling Parties shall give EPA at least 7 business days notice prior to the start of any field activities (with the exception of conducting sampling related to significant storm events, which are addressed in Paragraph 5.b. below), so that EPA may adequately schedule oversight tasks. b. For sampling related to significant storm events, Settling Parties shall give EPA at least 1 business day notice prior to the proposed start of any field activities, with the understanding that such proposed start may need to be modified in accordance to the storm event, which may be unpredictable. In the event of such modification, verbal notice shall be given in as timely a manner as possible. c. Information gathered during field investigations shall be consistently documented and adequately recorded by Settling Parties in well-maintained field logs and laboratory reports. Settling Parties shall use the Passaic River Estuary Management Information System (PREmis) developed by EPA and its contractor to report field information electronically, and upload and validate laboratory data. The PREmis field application documents observations, measurements and significant events that have occurred during field activities. PREmis laboratory reports document sample custody, analytical responsibility, analytical results, adherence to prescribed protocols, nonconformity events, corrective measures, and/or data deficiencies. Use of PREmis will ensure compatibility with the data 5 already collected by the Partner Agencies under the Lower Passaic River Restoration Project. EPA, or its contractor, shall be responsible for managing and maintaining PREmis. d. After completing each field investigation task, Settling Parties shall prepare a concise characterization summary. This summary shall review the investigative activities that have taken place, and describe and display the data collected. 6. Modeling. Settling Parties shall perform the Modeling in accordance with the Lower Passaic River Restoration Project Modeling Work Plan and the Newark Bay Study Modeling Work Plan Addendum (collectively, the Modeling Work Plan ), as may be modified pursuant to Paragraph 6.c. below. In performing the Modeling, Settling Parties shall closely coordinate with the Settling Party responsible under the Newark Bay AOC for obtaining the data in the Newark Bay Study Area necessary to conduct the Modeling. Settling Parties shall ensure that one model is developed that includes the Lower Passaic River and Newark Bay Study Areas. Settling Parties shall use the LPRSA Hydrodynamic Model and the LPRSA Hydrodynamic Model Calibration Report (draft dated April 2006 to be approved by EPA in coordination with the Partner Agencies), as the same may be modified in accordance with the procedures set forth in the Settlement Agreement and shall also provide the following: a. Source code with entered input data, in a format that will allow EPA to have the models peer reviewed and recreate the results of the model and in sufficient detail to allow an in-depth analysis of the model results, for model calibrations for each of the following: (1) Sediment Transport: Calibrated and validated sediment transport and organic carbon cycling model (ST-SWEM model code) which includes the SEDZLJ erosion formulations with the following inputs for each variable modeled: Boundary Conditions Initial Conditions Sediment Loads Sediment Composition Organic Carbon Loads Nutrient Loads Data Used for Calibration and Validation Geometry of Model Grid Results of Hydrodynamic Model (2) Chemical Fate and Transport: Calibrated and validated chemical fate and transport model (RCATOX model code) with the following inputs for each variable modeled: Boundary Conditions Initial Conditions 6 Chemical Loads Data Used for Calibration and Validation Results of Hydrodynamic and Sediment Transport Model (3) Bioaccumulation and Toxicity: Calibrated and validated bioaccumulation and toxicity model with the following inputs for each variable modeled: Exposure Concentrations from Fate and Transport model Data Used for Calibration and Validation b. Modeling Deliverables. The calibration reports will include sections on model validation, sensitivity analyses for all models, and formal uncertainty analyses for the bioaccumulation and toxicity models. Settling Parties shall submit to EPA for review and approval pursuant to Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agreement each of the following in accordance with the Project Schedule: (1) (A) Sediment Transport Model (B) Draft Sediment Transport Model Calibration Report (C) Final Sediment Transport Model Calibration/Validation Report (2) (A) Chemical Fate and Transport Model (B) Draft Chemical Fate and Transport Model Calibration Report (C) Final Chemical Fate and Transport Model Calibration/Validation Report (3) (A) Bioaccumulation and Toxicity Model including exposure concentration data in a format to include in the Baseline Human Health Risk Assessment and the Baseline Ecological Risk Assessment (B) Draft Bioaccumulation and Toxicity Model Calibration Report (C) Final Bioaccumulation and Toxicity Model Calibration/Validation Report (4) (A) Draft Model Calibration Report for the entire Modeling effort (B) Final Model Calibration/Validation Report for the entire Modeling effort c. Settling Parties shall obtain EPA approval for all changes to the Modeling framework and Modeling Work Plan input data, model codes and refinements pursuant to Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agreement. 7 d. The Settling Parties shall conduct sensitivity analyses for each component of the Modeling and a formal uncertainty analysis for the bioaccumulation and toxicity models in the Model Calibration/Validation Report, which will be peer reviewed. If necessary, modifications to the Project Schedule may be recommended by the Settling Parties for approval by EPA as provided in Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agreement. 7. Risk Assessments. Settling Parties shall conduct the baseline human health risk assessment and ecological risk assessment ( Risk Assessments ), in accordance with the Lower Passaic River Restoration Project Pathways Analysis Report (July 2005), as the same may be modified in accordance with Paragraph 39 of the Settlement Agreement, the Lower Passaic River Restoration Project Work Plan (August 2005) and any other relevant Project Plans, applicable EPA guidance (including, without limitation, EPA Risk Assessment guidance referenced in the Settlement Agreement), guidelines, policies, and directives which may be found at ( including but not limited to: Interim Final Risk Assessment Guidance for Superfund, Volume I - Human Health Evaluation Manual (Parts A to E and Volume II), (RAGS, EPA , OSWER Directive A, December 1989); Interim Final Risk Assessment Guidance for Superfund, Volume I - Human Health Evaluation Manual (Part D, Standardized Planning, Reporting, and Review of Superfund Risk Assessments), (RAGS, EPA 540-R , OSWER Directive D, January 1998); Ecological Risk Assessment Guidance for Superfund: Process for Designing and Conducting Ecological Risk Assessments (ERAGS, EPA-540-R , OSWER Directive , June 1997) or subsequently issued guidance. The plans, reports and other deliverables described herein and in the Settlement Agreement shall be provided to EPA for approval pursuant to Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agreement. The Risk Assessments shall include the following: a. Baseline Human Health Risk Assessment. Settling Parties shall review and revise the Lower Passaic River Restoration Project Pathways Analysis Report (July 2005) following discussions with EPA to reflect changes in toxicity values, new sampling data, and revisions to guidance. Settling Parties shall update the Pathways Analysis Report upon receipt of new data or new information on toxicity values and exposure variables, as necessary throughout the RI/FS process. After receipt of the last set of validated data from the final sampling event and completion of the Modeling, Settling Parties shall submit the final Pathways Analysis Report to EPA for approval pursuant to Section X (EPA Approval of Plans and Other Submissions) of the Settlement Agr
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