United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5502G)
EPA520-F-93-008
Spring 1993
£ EPA Superfund At Work
Hazardous Waste Cleanup Efforts Nationwide
Site Description:
A tank farm in an urban area of
Fulton, in Qswego County, NY
Site Size; 1.6 acres
Primary Contaminants:
Volatile organic compounds
(VOCs), polyehorinated biphenyls
(PCBs) and heavy metals
(arsenic, barium, chromium, lead)
Potential Range of Health Risks:
Direct contact with contaminants
could result in skin irritation and
increased risk of cancer
Nearby Population Affected:
13,000 people within three miles
Ecological Concerns:
Contamination of underlying
ground water and the nearby
Oswego River
Year Listed on NPL: 1983
EPA Region: II
State: New York
Congressional District: 29
Fulton Terminals Cleanup Remedy
Excavation of
at least 4,000
cubic yards of
contaminated
soil
Success In Brief
Hazardous Waste Contributors Pay
for Fulton Terminals Site Cleanup
The U.S. Environmental Protection Agency (EPA) achieved some
unique successes at the Fulton Terminals hazardous waste site in New
York After 35 years as a manufacturing facility, millions of gallons of waste
oils and sludges were improperly stored here enroute to an incinera-
tor. Tank leaks and spillage contaminated soil, ground water and the
Oswego River. EPA's Superfund program:
Settled with 59 of 60 hazardous waste contributors to conduct a
comprehensive $4 million cleanup and reimburse EPA $500,000
for past costs;
Created an unprecedented financial arrangement that guaranteed
payments from both major and minor parties, ensuring the
timely cleanup of the site; and
Worked with area citizens to award a Technical Assistance Grant,
ensuring their participation in the selection of the remedy and in
the oversight of cleanup operations.
Fulton Terminals is a good example of EPA's responsiveness to com-
munity concerns, and illustrates Superfund's diligence in designing
equitable arrangements for cleaning up hazardous waste sites.
The Site Today
EPA swiftly reached legal
settlements with 59 of the 60
waste contributors and has filed
suit against the remaining
polluter to recover in excess of
$1 million in past costs.
To date, cleanup efforts have
abated surface soil contamina-
tion. Activities continue on the
site to treat contaminated
fgrpund.wa.tej;
Soil heated to
vaporize contaminants,
vapor filtered to trap
contaminants
Redisposal of
treated soil in
on-site
excavated
areas
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Superfund At Work
Fulton Terminals, Oswego, NY
Spring 1993
A Site Snapshot
Fulton Terminals is a 1.6- biphenyls (PCBs). Potential
acre tank farm bordering the human health effects from
Oswego River in upstate New direct exposure to these pollut-
York. The site is located in an ants range from skin irritation
urban area: about 13,000 to an increased risk of cancer.
people live within three miles. While the site has long been
Millions of gallons
of waste oils and sludges
were stored in tanks
at Fulton Terminals
Millions of
gallons of
waste oils
and sludges
were stored
in tanks at
the site, ^^^^^^^^^
which is ^^^^^^^^"
now inactive.
Tank leaks and spillage
that occurred while the site
was active contaminated the
ground water and soil, as well
as Oswego River sediments.
The pollutants identified
were primarily volatile or-
ganic compounds (VOCs), as
well as heavy metals (such as
arsenic, barium, chromium
and lead) and polychlorinated
surrounded
by fences and
warning
signs, birds
and small
animals faced
potential
health effects
from contact with contaminated
soil or ground water.
Site runoff periodically
subjected the nearby Oswego
River to contamination, a
potential risk for swimmers and
those eating fish from the river.
A municipal water supply
serves local residents, so they
were not nor are they now
affected by polluted ground
water.
Half a Century's
Contamination Begins
Between 1936 and 1960, the
primary activity on the site was
roofing materials manufacturing,
with asphalt stored in above-
ground tanks and fuel oil in
underground tanks.
From 1972 to 1977, Fulton
Terminals was a staging and
storage area for hazardous waste
materials scheduled for incinera-
tion at the Pollution Abatement
Services site. Both these sites are
on the National Priorities List
(NPL), EPA's roster of the
nation's uncontrolled or aban-
doned hazardous waste sites.
NPL sites are eligible for long-
term cleanup under the Super-
fund program, which Congress
enacted in 1980.
In 1981, the owners of Fulton
Terminals initiated a voluntary
cleanup after receiving a citation
Fulton Terminals
Timeline
Voluntary cleanup ends
Site added to NPL
* Violations cited <
Voluntary cleanup begins
Superfund enacted
1
Roofing materials
manufactured on site
Improper hazardous
waste storage
1
1936
1960 1972
1977
1980
1981
1983
Page 2
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Superfund At Work Fulton Terminals, Oswego, NY Spring 1993
mtamination to be Cleaned Up
for not meeting federal and state
standards for the operation of a
hazardous waste storage facility.
They emptied and removed four
storage tanks, but abandoned the
cleanup in 1983 after being fined
by the New York State Depart-
ment of Environmental Conserva-
tion (NYSDEC) for using an
unlicensed hauler of poly chlori-
nated biphenyls (PCBs). The site
was listed on the NPL in 1983.
EPA Protects Natural Resources
When EPA identified obvious
soil contamination at Fulton
Terminals, investigators quickly
determined that site conditions
presented an imminent and
substantial endangerment. The
contamination may have resulted
from leaks or spills when the site
owners were conducting transfer
operations.
In 1986, a Superfund team
immediately undertook cleanup
actions which:
Secured the site by installing
fences around the contami-
nated area;
Excavated and removed about
300 cubic yards of contami-
nated soil and tar-like waste;
Removed all remaining storage
tanks; and
Partially removed and plugged
a storm and sewer pipe leading
to the Oswego River.
During the emergency removal,
EPA obtained the cooperation of
all but six of the site polluters to
perform some of the cleanup
activities.
New York State
Begins Site Study
After EPA's actions eliminated
immediate threats at Fulton
Terminals, the state assumed
responsibility for the long-term
cleanup. NYSDEC undertook an
early study to evaluate site condi-
tions and possible remedies.
In June 1987, NYSDEC released
their proposed site cleanup plan
calling for Fulton Terminals'
hazardous wastes to be excavated
and incinerated.
Negative public comments
over the incineration proposal led
NYSDEC to resample the site. A
new report was issued in Febru-
ary 1988 recommending "cap-
ping" of site contaminants.
Capping involves covering the
contaminated area with layers of
soil or clay to create a physical
barrier against further exposure.
EPA conducts emergency cleanup
State completes cleanup study
EPA undertakes supplemental study
Technical Assistance Grant awarded
EPA selects new cleanup technology
m EPA settles with 59 parties
EPA files lawsuit against
one non-settlor
Long-term remedy
design underway
1986
1988
1989
1990 1991
1992
Page 3
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Superfund At Work
Fulton Terminals, Oswego, NY
Spring 1993
EPA Responds to
Community Concerns
In response to public concern
over the completeness of the
NYSDEC study, EPA decided to
take over cleanup activities in
1988 and conducted a supplemen-
tal site study.
Superfund investigators
worked through the winter
months to expedite site sampling.
Their extensive analysis effec-
tively complemented the state's
existing site information and
provided sufficient information
for a final remedy selection.
Man and Machine Cleanup often requires a wide array of techniques, from heavy
machinery to workers' hands. The cleanup activities at Fulton Terminals included the
removal of arsenic, barium, chromium and lead pollutants.
Increased Public Communication:
An Important Part of Fulton Terminals Cleanup
Citizens Support EPA's
Long-Term Cleanup Plan
During removal activities at
the Fulton Terminals site, EPA
opened the lines of communica-
tion with citizens and involved
them in the site study and
cleanup process. In July 1989, EPA
released the supplemental study
results and held a public meeting
to discuss its proposed plan for
long-term cleanup.
EPA explained the potential
cleanup alternatives for the site in
a proposed cleanup plan, high-
lighting the option Superfund
preferred. After reviewing public
comment on this plan, EPA chose
the official site remedy. The
selected approach, supported by
the comprehensive site studies
that preceded it, recommended
treating both contaminated soil and
ground water at Fulton Terminals.
About 4,000 cubic yards of soil
will be dug up and cleaned. The
treatment involves heating the
EPA involved
citizens in
the study and
cleanup process
contaminated soil to vaporize
contaminants, which are then
collected in specially designed
filters. The remaining treated soil
will then be put back in the
excavated areas on site. The
remedy also calls for the long-
term extraction and filtration of
polluted ground water.
At public meetings, commu-
nity groups and residents of the
area near the Fulton Terminals
site were given the opportunity to
question EPA representatives
about the proposed remedies.
They commented on EPA's
proposal and endorsed the rem-
edy that was selected. Overall, the
public expressed satisfaction with
EPA's responsiveness at the
Fulton Terminals site.
EPA and Area Citizens
Work Together For a
Cleaner Community
Much of EPA's success in
satisfying the community was
due to encouragement of citizen
involvement. In September 1988,
EPA awarded a $50,000 Technical
continued on page 5
Page 4
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Superfund At Work
Fulton Terminals, Oswego, NY
Spring 1993
EPA Negotiates Cleanup
For each site listed on the
NPL, EPA makes concerted
efforts to identify and locate the
parties responsible for the site's
contamination. EPA notifies
these parties of their possible
liability and enters into negotia-
tions for the site cleanup. If a
settlement cannot be reached,
EPA has the statutory authority
to conduct the work and then
sue for its costs. Polluters that
fail to cooperate in good faith
face long legal battles as well as
significant costs and penalties.
EPA's negotiations at Fulton
Terminals were effective and
swift. The negotiating team
came to terms with 59 parties in
record time only one month. In
addition, the team negotiated a
complex settlement scheme
which assured fairness for "mi-
nor" and "major" contributors.
Among the 60 parties were
some who contributed relatively settle in exchange for protec-
minimal amounts of contamina- tion from further litigation.
tion to the site. EPA designed a The pooled resources help to
"two-tiered" settlement approach ensure that the cleanup re-
which allowed for one-time, mains on schedule.
reasonable payments into a trust EPA is vigorously pursuing
fund established for the cleanup.
The major contributors then
agreed to pay for the remainder
of the site cleanup and two years
of EPA's oversight costs. The total
value of the work
to be conducted is
estimated at over
$4 million.
This approach
generated incen-
tives for the parties
to settle. The major
*-s * J~ \^f
the one non-settlor for at least
$1 million in past costs. This
case, filed in 1991, is still
pending.
contributors ben-
efited from the
initial, up-front
"cash-outs" of
minor parties, who
were willing to
It Pays to Cooperate with EPA
59 parties pay for
$4+ million
worth
of
cleanup
Remaining
non-settlor faces
$1+ million
lawsuit
Increased Public Communication
continued from page 4
Assistance Grant to the Fulton
Safe Drinking Water Action
Committee (FSDWAC).
FSDWAC used the grant funds
to hire an independent technical
advisor. Together, they monitored
the planning of the Fulton Termi-
nals cleanup.
A Syracuse newspaper reported
EPA as being especially respon-
sive to the group's concerns and
quoted the FSDWAC president as
saying, "I think it shows that, if a
community and an agency can
communicate, a lot of problems
can be resolved quite quickly."
"If a community and
an agency can
communicate,
a lot of problems
can be resolved
quite quickly."
FSDWAC also wrote to EPA's
Administrator to express appre-
ciation for the Technical Assis-
tance Grant. He wrote, "It is
through this [grant] program, I
believe, that you will see a benefi-
cial interaction between those
individuals living near or affected
by Federal Superfund sites and
EPA staff who are, in essence,
working toward the same goal.
.. .(C)ooperative efforts expedite
remedial efforts."
continued on page 6
Page 5
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Superfund At Work
Fulton Terminals, Oswego, NY
Spring 1993
Increased Public Communication
Defines Fulton Terminals Cleanup
continued from page 5
FSDWAC also complemented
EPA's site manager for his efforts
in assisting FSDWAQ and on his
"sensitivity, commitment and
desire to protect human health
and the environment."
Community Oversight
Enhances Cleanup
FSDWAC used EPA grant
resources to photograph the site
after a heavy rainstorm. The
photos showed standing water
where toxic chemicals had been
found in the topsoil.
The water that collected then
flowed across the street and into
the Oswego River. In response
to citizen concerns, EPA built a
dirt barrier to prevent rain and
melting snow from carrying
contaminants off site.
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Superfund At Work(5502G),
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For additional copies of this or other
Superfund At Work updates,
contact the National Technical
Information Service,
U.S. Department of Commerce,
5285 Port Royal Road,
Springfield, VA22161,
telephone (703) 487-4650.
Success at
Fulton
Terminals
EPA's efforts at the
Fulton Terminals site have
reduced risk of contamina-
tion to the community and
the Oswego River.
EPA also recovered
some of its past cleanup
and oversight costs.
An innovative settle-
ment strategy resulted in
over $4 million worth of
cleanup work performed
by 59 of the 60 parties
responsible for the site.
& EPA
United States Environmental Protection Agency
5502G
Washington, D.C. 20460
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