PB96-963126
                                 EPA/ESD/R01-96/127
                                 March 1997
EPA   Superfund
       Explanation of Significant Difference
       for the Record of Decision:
       Davis Liquid Waste,
       Smithfield, RI
       7/19/1996

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                       DECLARATION FOR THE
             EXPLANATION OF SIGNIFICANT DIFFERENCES
FOR CHANGING THE METHOD OF TREATING CONTAMINATED SOILS AND WASTES
     FROM ON-SITE INCINERATION TO ON-SITE THERMAL DESORFTION

SITE NAME AND LOCATION

Davis Liquid Waste Superfund Site
Smithfield,  Rhode Island

STATEMENT OF PURPOSE

This decision document sets forth the basis for the determination
to issue the attached Explanation of Significant Differences
•{"ESD")  for the Davis Liquid Waste Superfund Site ("Site") in
Smithfield,  Rhode Island.

STATUTORY BASIS FOR ISSUANCE OF THE ESP

Under Section 117(c) of CERCLA, 42 U.S.C.  § 9617(0),  if EPA
determines that the remedial action being undertaken at a site
differs significantly from the Record of Decision ("ROD") for
that site, EPA shall publish an explanation of significant
differences between the remedial action being undertaken and the
remedial action set forth"in the ROD and the reasons such changes
are being made.  The National Contingency Plan (NCP)(  40 C.F.R.
§300.435(c), and EPA guidance  (Office of Solid Waste and
Emergency Response  ["OSWER"]  Directive 93S5.3-02), indicate that
an ESD,  rather than a ROD amendment, is appropriate where the
changes being made to the remedy are significant but do not
fundamentally alter the overall remedy with respect to scope,
performance, or cost.  Because the adjustments to the remedy
selected in the ROD are significant but do not fundamentally
alter the overall remedy with respect to scope, performance, or
cost, the issuance of an ESD is appropriate in this case.

In accordance with Section 300.435 (c) of the NCP, this ESD and
supporting documentation will become part of the Administrative
Record which is available for public review at both the EPA
Region I Record Center in Boston, Massachusetts and the Town
Clerk's Office in Smithfield, Rhode Island.

OVERVIEW OF THE ESD

Based on the information and data generated since the issuance of
the September 29, 1987, ROD,  one portion of the remedy as
described in the ROD has been modified:

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Excavation of Contaminated Soils and Wastes and On- site
Incineration

     The ROD calls for the excavation and on- site incineration of
     approximately 25,000 cubic yards of contaminated soils and
     wastes .   The ROD also evaluated the use of thermal
     desorption for cleaning up the soils and waste at the Site.
     Thermal desorption was not selected because at the time of
     the ROD there was limited information available on the cost
     and full-scale performance of this technology.  Since the
     ROD there 'has been extensive information gathered on the use
     and performance of full-scale thermal desorption units at
     other Superfund sites.  The technology has been shown to be
     very effective in removing volatile organic compounds and
     capable of achieving the cleanup levels proposed 'for the
     Site.  Based on the successful performance of this
     technology and updated cost information, EPA has selected
     on- site thermal desorption as the means of treating
     contaminated soils and waste at the Site.  The use of
     thermal desorption will be protective of human health and
     the environment and will significantly reduce the overall
     cost of implementing this component of the overall Site
     remedy .

DECLARATION

For the foregoing reasons, by my signature below, I approve the
issuance of an Explanation of Significant Differences for the
Davis Liquid Waste Superfund Site in Smithfield, Rhode Island,
and the changes stated therein,
            sift        ,
        ~            _S/Y*~~   Linda M. Murphy , Director
                      /  Office of Site Remediation & Restoration
                     /

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               Davis Liquid Haste Superfund Site
                             Final
             Explanation of Significant Differences
for Changing the Method of Treating Contaminated Soils and Hastes
     from On-Site Incineration to On-Site Thermal Desorption
                           July 1996
                    Prepared by EPA Region I

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                        TABLE OF CONTENTS
I.   INTRODUCTION	    1'
          A.    Site Name,  Location,  and Description	    1
          B.    Identification of Lead and Support Agencies  .    2
          C.    Citation of Legal Authority that Requires the
               BSD	    2
          D.    Summary of  Significant Differences 	    2
          E.    Availability of Documents	    3

II.  SUMMARY OF SITE HISTORY,  CONTAMINATION PROBLEMS,  RESPONSE
     HISTORY,  AND SELECTED REMEDY 	    4
          A.    Site History and Contamination Problems  ...    4
          B.    Response History 	    5
          C.    Summary of  the Remedy as Originally Described
               in the ROD	    6

III. DESCRIPTION OF SIGNIFICANT DIFFERENCES AND THE BASIS FOR
     THOSE DIFFERENCES	    7
          A.    Summary of  the Information that Gave Rise to the
               Significant Differences  	    7
          B.    Proposed Change in Technology  	    9

IV.  SUPPORTING AGENCY COMMENTS	    10

V.   AFFIRMATION OF THE STATUTORY REQUIREMENTS	    10

VI.  PUBLIC PARTICIPATION  ACTIVITIES	    10
APPENDIX A     RI DEM Concurrence on the Draft ESD
APPENDIX B     Response to Comments Received on the Draft ESD
APPENDIX C     Comments Received on the Draft ESD

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             EXPLANATION OF SIGNIFICANT DIFFERENCES
                DAVIS LIQUID WASTE SUPERFTTOD SITE
                     SMITHFIELD. RHODE ISLAND
I.   INTRODUCTION

This document constitutes a proposed Explanation of Significant
Differences ("ESD")  between the remedial actions as specified in
the Record of Decision for the Davis Liquid Waste Site signed by
the Regional Administrator on September 29, 1987 ("ROD")  and
those now planned under this proposed ESD.   It also documents the
conditions that gave rise to the need for this ESD.

     A.   Site Name, Location, and Description

Site Name:     Davis Liquid Waste Superfund Site

Site Location: Smithfield, Rhode Island

Site Description:  The Davis Liquid Waste Superfund Site (the
"Site") is located en the property of William and Eleanor Davis
in a semi-rural residential section of the Town of Smithfield,
Providence County, Rhode Island.  The approximately 10 acre site
served as a disposal location for a variety of liquid and solid
wastes containing hazardous substances during the 1970's and
early 1980's.  Mr. Davis permitted the dumping of the contents of
drums and tank trucks into unlined lagoons and seepage pits at
the Site.  Periodically, contaminated soils were excavated and
dumped at several locations on-site and covered with available
soil.  The Site and adjacent areas have also served as a staging
and disposal location for numerous discarded tires.  Estimates of
the number of tires being stored on the property range from
approximately 10 to 30 million.

Site investigations by the State of Rhode Island ("State")  and
the United States Environmental Protection Agency  ("EPA") in the
late 1970's and early 1980's helped provide sufficient
information to have the Site placed on the Interim National
Priorities List  ("NPLM)  in June of 1982.  These initial studies
identified that contaminants from the Site were impacting nearby
groundwater and surface water.  Some contamination was detected
in the private wells of nearby residences who depend on the
groundwater as their sole source of potable water.  On
December 31, 1982, EPA placed the Site on the "Proposed NPL" of
hazardous waste sites, and listed it as a final NPL site in
September of 1983.

The Site is bounded on the east and west by forested uplands, and
on the north and south by wetlands and swamp areas.  Land within
one mile of the Site is semi-rural in nature and is dominated by
low density residential dwellings.  Residential development in

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Explanation of Significant Differences
D«vi» Liquid Watte Superfund Site
JUly 1996
the area has increased  in the last five to ten years  and  has
included the construction of larger subdivisions as well.
Additional description  of the Site can be found in the ROD.

     B.   Identification of Lead and Support Agencies

Lead Agency:        United States Environmental Protection Agency

     Contact:       Neil Handler
                    Remedial Project Manager
                     (617) 573-9636
                           •
Support Agency:     Rhode Island Department of Environmental
                    Management, Division of Site Remediation
                     {"RI DEM")

     Contact:       Matt: DeStef ano
                    Project Manager
                     (401) 277-3872 Ext. 7141

     C.   Citation of the Legal Authority that Requires the ESD

Under Section 117(c) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980  ("CERCLA"), 42 U.S.C.
§ 9617(c), if EPA determines that the remedial action being
undertaken at a site differs significantly from the Record of
Decision for that site, EPA shall publish an explanation  of
significant differences between the remedial action being
undertaken and the remedial action set forth in the ROD and the
reasons such changes are being made.  The National Contingency
Plan  (NCP), 40 C.F.R. §300.435(c), and EPA guidance  (Office of
Solid Waste and Emergency Response  ["OSWER"] Directive 9355.3-
02), indicate that an ESD, rather than a ROD amendment, is
appropriate where the changes being made to the remedy are
significant but do not  fundamentally alter the overall remedy
with respect to scope,  performance, or cost.  Because the
adjustments to the remedy selected in the ROD are significant but
do not fundamentally alter the overall remedy with respect to
scope, performance, or  cost, the issuance of an ESD is
appropriate in this case.

     D.   Summary of Significant Differences

EPA issued this proposed ESD because of changes in the remedy
selected in.the ROD for the cleanup of contamination  in soil.
Since the ROD there has been extensive information gathered on
the use and performance of full-scale thermal desorption  units at

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Explanation of Significant Diff«r«ne««
Davia Liquid Wact* Suparfund Sit*
July 1996
other Superf ur.d sites.  The technology has proven very effective
in treating soils contaminated with volatile organic compounds
and has achieved cleanup levels below those identified for  the
Site.  Based on the successful performance of this technology and
updated cost information, EPA has selected on-site thermal
desorption as the means of treating contaminated soils and  waste
at the Site.  The use of thermal desorption will be protective  of
human health and the environment and will significantly reduce
the overall cost of implementing this component of the overall
Site remedy.  The ROD calls for the excavation and on-site
incineration of contaminated soils and wastes which are above the
total volatile organic concentration of two (2) parts per million
("ppm").  EPA through this BSD still proposes the excavation  and
on-site treatment of contaminated materials to the levels
identified in the ROD, but now proposes that treatment be
achieved using a different thermal technology, thermal
desorption.

Because thenr.al desorption, like incineration, removes
contaminants through a thermal process, the use of thermal
desorption dees not fundamentally alter the remedy selected in
the ROD.

     E.   Availability of Documents

This ESD and supporting documentation shall become part of  the
Administrative Record for the Site.  Information pertinent  to
EPA's decision making process in publishing this proposed ESD is
available for public review at information repositories at  the
following locations:

     EPA Records Center
     90 Canal Street, First Floor
     Boston, Massachusetts
     (617) 573-5729
     Hours:
     Mon-Fri: 10:00 a.m. - 1:00 p.m. and 2:00 p.m. - 5:00 p.m.

     Smithfield Town Clerks Office
     64 Farnum Pike
     Smithfield, Rhode Island
     (401) 233-1000
     Hours:
     Mon-Fri:  9:00 a.m. - 4:00 p.m.

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Explanation of Significant Difference*
Oavi« Liguid Kaete Super fund Site
July 1996
II.  SUMMARY OF SITE HISTORY. CONTAMINATION PROBLEMS. RESPONSE
     HISTORY, AND SELECTED REMEDY

     A.   Site History and Contamination Problems

During the 1970's and the early 1980's, site owner William Davis
used the Site to dispose of a variety of liquid and solid wastes
containing hazardous substances.  Mr. Davis permitted the dumping
of the contents of drums and tank trucks into unlined lagoons and
seepage pits at the Site.  The proximity of these disposal areas
to the water table and surrounding wetland areas allowed
contaminants to migrate and infiltrate into the surface water and
groundwater.  Periodically, contaminated soils were excavated and
dumped at several locations on-site and covered with available
soil.  Because very few records exist concerning the waste
products disposed of and the disposal practices, it is difficult
to estimate the volume of waste disposed of at the Site.  General
categories of wastes believed to have been disposed of at the
Site include solvents, inks, laboratory Pharmaceuticals.,
manufacturing residues, miscellaneous chemical processing wastes,
and waste oils. •

Site investigations by the State and EPA in the late 1970's and
early 1980's revealed the presence of high levels of organic
contamination in the surface water exiting the Site and in some
of the nearby residential wells.  The contaminants detected
include tetrachloroethylene, chloroform, trichloroethylene, and
benzene.  These investigations led to the proposed listing of the
Site on the NPL in 1982 and final listing of the Site in
September of 1983.  After listing, the State took the initial
lead in investigating the-nature and extent of contamination at
the Site.  In order to assist the State with access issues, EPA
took over the lead for project management of the Remedial
Investigation/Feasibility Study in October, 1984.

The Remedial Investigation  ("RI"), which was completed in
November of 1986, identified extensive contamination of the soil,
groundwater, sediment, and surface water at the Site.  The RI
also identified areas of the Site where drums and other types of
containerized wastes were buried.  Contamination of each media
consisted primarily of volatile organic compounds including
tetrachloroethylene, trichloroethylene, ethylbenzene, benzene,
toluene, and xylene.

Contaminants were found in both the shallow overburden aquifer
and the deeper bedrock aquifer.  Both of these aquifers were used
by residents near the Site as their sole source of potable water.

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Explanation of Significant Differences
Davi* Liquid Wa«t« Superfund Sit*
July 1996
Currently no public water supply is available.  The state of
Rhode Island has been providing bottled water to some of the
residents near the Site since the early 1980's.

     B.   Response History

Although the disposal activities of the property owner, Mr.
Davis, are believed to have ended by the early 1980's, there were
still numerous drums being stored at the Site at the time the RI
was initiated in 1984.  EPA determined that many of these drums,
which were in various stages of decay, still contained hazardous
substances.  To address these drums, EPA initiated a removal
action in August, 1985.  The removal action consisted of the
sampling, analysis, packing, and disposal of approximately 600
intact and crushed drums.

The remedy identified in the ROD consists of three primary
components: 1) an alternative water supply for residents affected
or potentially affected by groundwater contamination from the
Site, 2)  an on-site groundwater extraction and treatment system,
and 3} the excavation and on-site incineration of contaminated
soils and wastes.  In July, 1988, EPA initiated work on the
construction of the alternative water supply.  Most of the
construction work, including the installation of the transmission
mains, distribution mains, and a storage tank was completed as of
September, 1990.  To provide water to this new service area it
was necessary for EPA to modify the Town of Smithfields' existing
water system and design two new booster pump stations and
renovate a third existing pump station.  This design work was
completed in August, 1995 and funding for construction was made
available in March, 1996.  The construction contract was awarded
in June,  1996 and is expected to take approximately 15 to 18
months to complete once the notice to proceed is issued.

The design of the on-site groundwater extraction and treatment
system is approximately 90% complete and is anticipated to be
completed by the Fall of 1996.  Design work for treatment of
contaminated soils and wastes has been delayed because of the
presence of tires stored over these areas.

The Site has been used by-the property owner as a storage and
staging area for discarded tires.  Estimates for the number of
tires being stored at the property range from approximately ten
to thirty million.  Approximately one-third of these tires are
being stored over areas which EPA believes may contain
contaminated soils.  In December of 1994, the Superior Court of
the State of Rhode Island issued an order requiring Mr. Davis to

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Explanation of Significant Differences
Oavi« Liquid Haste Superfund Site
    1996
begin removing tires from the Site.  During the removal of tires
in early 1995, Mr. Davis notified EPA and RI DEM that he had
discovered approximately nine drums in various stages of decay.
EPA and RI DEM sampled the drums and found that a number of them
contained hazardous substances similar to those detected in the
soil and groundwater at the Site during previous sampling
activities.  As a result the drums were disposed of through a
removal action authorized by the EPA Regional Administrator in
April of 1995.

     C.   Summary of the Remedy as Originally Described in the
          ROD

The ROD described in detail each of the alternatives evaluated
for remediating the contamination at the Site and the chosen
alternative for each contaminated media of the Site.  The chosen
remedial alternatives are summarized below.

Source Control Component - Excavation of approximately 25,000
cubic yards of raw waste and contaminated soils located in the
unsaturated zone and treatment on-site in a mobile incineration
facility.  All soils and wastes with volatile organic
concentrations above 2 ppm would be excavated and treated by
incineration to reduce total volatile organic concentrations to
below the 2 ppm cleanup level.  Treated soils would be tested for
EP toxicity.  Those soils with concentrations that are below the
EP toxicity levels would be used to back fill excavated areas.
The soils with concentrations above the EP toxicity levels would
be placed in a RCRA Subtitle C landfill on-site.  The source
control component of the remedy was anticipated to take one year
to design and construct and two years of operation to treat the
estimated 25,000 cubic yards of material.

Management of Migration Components -  l) The design and
construction of an alternative water supply to serve those
residents impacted by groundwater contamination from the Site, as
well as those areas that are down gradient from the contaminated
plume that could potentially be affected.  The proposed project
consists of a connection to the existing Town of Smithfield water
supply system, requiring approximately 2,100 feet of transmission
main, 21,000 feet of distribution mains, a storage tank, and a
booster pumping station.  The estimated population to be served
ultimately is approximately 475 persons.  2)  The active
restoration of the overburden and bedrock aquifers contaminated
with volatile organic compounds using on-site treatment involving
air stripping and carbon adsorption and recirculation of treated
water to the aquifer.  Additional components of the treatment

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Explanation of Significant Diff«r«nc«a
D«vi« Liquid Waat* Suparfund Site
July 1996
train may address the removal of oils, floatable solids, and
inorganic compounds.  A cleanup level of 5 parts per billion has
been established for benzene, trichloroethylene, and
tetrachloroethylene.  EPA estimated in the ROD that this target
remediation level could be achieved within 5 to 10 years.


III. DESCRIPTION OF SIGNIFICANT DIFFERENCES AND THE BASIS FOR
     THOSE DIFFERENCES

     A.   Summary of the Information that Gave Rise to
          Significant Differences

On-site low temperature soil treatment {e.g., thermal desorption)
and on-site thermal destruction (e.g., incineration) were both
evaluated as part of the detailed analysis for source control
components in the April 1987, Feasibility Study (FS) for the Site
and the ROD.  The technologies were evaluated by EPA for their
performance, technical reliability, implementability and
constructability, safety, compliance with applicable or relevant
and appropriate requirements (ARARs), and protectiveness of human
health and the environment.  Also given important consideration
were the overall costs of each alternative.

The principal differences between these two technologies, as
identified in the FS, was that incineration was given a higher
rating for performance and reliability than thermal desorption
(e.g., a rating of high versus medium).  It appears that this
difference in rating was based on the fact that at the time of
the FS, the thermal desorption technology was still in its
infancy and there was a limited amount of performance data
available from full-scale operating systems.

Since the FS, thermal desorption has been widely used at
Superfund sites to treat contaminated soils similar to those
found at the Site.  The performance data gathered from other
sites since the FS has shown this technology to be very effective
in removing volatile organic compounds and capable of achieving
the cleanup levels proposed for the Site.  The effectiveness of
thermal desorption as well as the appropriateness of its use at a
site such as the Davis Liquid Waste Site is further affirmed by
the information and recommendations presented in the September
1993, OSWER Directive 9355.0-48FS Guidance on "Presumptive
Remedies: Site Characterization and Technology Selection for
CERCLA Sites with Volatile Organic Compounds in Soils"  (EPA 540-
F-93-048) .  The Presumptive Remedy Guidance identifies that for
sites containing VOC-contaminated soil if the material is to be

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Explanation of significant Differences
Davis Liquid Ha«t« Sup«r£und Site
July 1995
excavaced, than thermal desorption is the preferred technology
for treatment.

EPA did consider as part of its development of the ESD the
application of soil vapor1extraction  (SVE) at the Site.  SVE, an
in-situ treatment process, is one of the other technologies
recommended in the Presumptive Remedy Guidance.  Although SVE has
been proven to be effective and appropriate to use at many
Superfund Sites it was not believed to be the most appropriate
technology to be used at this Site because of the presence of
buried raw wastes, drums, and/or containers.  These buried
materials are not amenable to treatment using SVE.  In order to
ensure that these buried materials will stop contaminating the
groundwater they must be excavated and treated and disposed of.
The excavation and thermal desorption of these wastes provides a
level of protectiveness and certainty which cannot be achieved at
the Site by using SVE.

The other principal factor which at the time of the FS appears to
have affected the selection of incineration over thermal
desorption was cost.  The FS identified that the total estimated
present worth cost of on-site incineration and on-site low
temperature soil treatment were $14,912,000 and $16,098,000
respectively.  With the increased usage of thermal desorption
since the FS, the cost of implementing this technology has
decreased.  As identified in the OSWER Guidance on Presumptive
Remedies, the average cost per ton for treatment using thermal
desorption is $250 and incineration is $400.  Thus when the unit
costs are multiplied by the estimated volume of material
requiring treatment (e.g., 25,000.yd3  or 40,500 tons)  thermal
desorption could provide a savings of millions of dollars.

A Responsible Party for the Site, after petitioning EPA to reopen
the administrative record, has completed additional pre-design
work including a treatability study of the effectiveness of
thermal desorption on Site soils.  The results of the
treatability work confirm the effectiveness of thermal desorption
in achieving the cleanup goals identified in the ROD.

In summary, the use of thermal desorption at the Site would
represent a significant savings and still provide a level of
protection for human health and the environment equal to that
achieved by incineration.

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Explanation of Significant Differences
Davia Liquid Haate Superfund Site
    1996
     B.   Proposed Change in Technology

All contaminated soils and wastes with volatile organic
concentrations at or above 2 ppm will be excavated and treated
on-site using thermal desorption to reduce total volatile organic
concentrations to below the 2 ppm cleanup level.  Treated soils
will be tested for their toxicity using the Toxicity
Characteristic Leaching Procedure (TCLP).  Those soils with
concentrations that are below the TCLP regulatory levels will be
used to back fill excavated areas.  The soils with concentrations
above the TCLP regulatory levels will either be placed in a RCRA
Subtitle C landfill on-site or disposed of off-site at an EPA
approved facility.  The source control component of the remedy is
anticipated to take 12 to 18 months to design and construct and
then approximately one year to treat the estimated 25,000 cubic
yards of material.

Since the ROD there has been some additional sampling at the Site
which may indicate that the volume of material requiring
treatment is greater than that estimated in the ROD.  However,
the sampling has" been limited by the presence of tires over much
of the Site.  Therefore, until these tires are removed a more"
definitive estimate of the volume of soil requiring treatment can
not be made.

The successful application of thermal desorption at Superfund
sites has been demonstrated over the past 10 years and has
included extensive evaluations under the EPA Superfund Innovative
Technology Evaluation program.  Thermal desorption is considered
by EPA as a proven means for removing volatile organics from
soils, sludge, and sediments and can achieve the desired removal
needed to meet the cleanup goals for the Site.  Thermal
Desorption is identified as the preferred technology for
treatment in the EPA Presumptive Remedy Guidance for sites
containing VOC-contaminated soil requiring excavation.

Incineration and thermal desorption are similar in that they both
use heat to remove contaminants from the soil.  The technologies
differ by the amount of heat that is applied.  Incineration heats
VOCs to the point where they are destroyed or decomposed while
thermal desorption uses a lower temperature to physically drive-
off and remove contaminants from the media being treated.  The
contaminants removed must then be collected and treated
separately.  In many instances this treatment occurs at a
separate off-site location.

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Explanation of Significant Differences
Davii Liquid Waste Superfund Site
July 1996
Thermal desorptior. is more limited as to the  size of  the material
it can treat and therefore will require a more  extensive
materials separation process than incineration.  In addition,
thermal descrptior. will be unable to treat any  drums  or large
containerized wastes encountered during excavation.   Therefore,
these materials will either have to be shredded and treated on-
site or taken to an off-site location for disposal.   The quantity
of material identified in the ROD as needing  off-site disposal i.s
estimated to be 2,500 cubic yards.  Even with the additional
costs of having to dispose of this material,  the cost savings for
employing thermal desorption over incineration  are nonetheless
expected to be substantial.


IV.  SUPPORTING AGENCY COMMENTS

The Rhode Island Department of Environmental  Management Division
of Site Remediaticn has participated with EPA in developing the
change to the selected remedy which are described herein and
concurs with the approach adopted by EPA.


V.   AFFIRMATION OF THE STATUTORY REQUIREMENTS

EPA has determined that the selected remedy specified in the ROD,
with the above-described changes, remains protective  of human
health and the environment, complies with Federal and State
requirements that are applicable or relevant  and appropriate to
this remedial action as identified in the ROD,  and is cost-
effective.  In addition, the revised remedy uses permanent
solutions and alternative treatment technologies to the maximum
extent practicable for this Site.


VI.  PUBLIC PARTICIPATION ACTIVITIES

This BSD, accompanied by supporting information and analysis, was
made available for public review and comment  for 30 days at the
locations and times listed in Section E., above.  During the 30-
day time period EPA received two sets of comments.  At the
request of one of the individuals commenting, the comment period
was extended by an additional 23 days during  which time one set
of supplemental comments was received by EPA.

A copy of the comments and EPAs' responses to the comments are
attached to the BSD as Appendices C and B, respectively.  All of
the comments submitted came from representatives of parties who


                                10

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Explanation of Significant Differences
Davis Liquid Hast* Superfund site
July 1996
are involved in dontribution litigation  with respect to the Site.
In general the comments were supportive  of  changing the method of
on-site treatment from incineration but  all sets of comments
expressed a preference for using soil vapor extraction {SVE) over
thermal desorpcion as the technology of  choice.   EPA has
identified in Section III.A., of the BSD and Appendix B to the
ESD the reasons why it selected thermal  desorption in lieu of SVE
for the Site.

In accordance with Section 117 (d) of CERCLA,  this ESD will become
part of the Site's Administrative Record which is available for
public review at both the-EPA Region I Record Center at 90 Canal
Street in Bostsn, Massachusetts  (617/573-5729)  and at the
Smithfield Town Clerk's Office at 64 Farnum Pike in Smithfield,
Rhode Island (401/233-1000).
                                11

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             APPENDIX A






RI DEM Concurrence on the Draft ESD

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    STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
    Department of Environmental Management
    DIVISION OF SITE REMEDIATION
    291 Promenade Street
    Providence. fU. 02908-5767

7 March 1996

Ms. Linda Murphy, Director
Office of Site Remediation and Restoration
U.S. Environmental Protection Agency - Region 1
John F. Kennedy Federal Building (HSV-CAN5)
Boston, MA 02203-2211

RE:   Davis Liquid Waste Superfund Site, Smithfieid, Rhode Island
Dear Ms. Murphy,

This Division has conducted a review of the Draft Explanation of Significant Differences (ESD)
for the source control component of the remedy at the Davis Liquid Waste Superfund She.  As
a result of this review, our agency has generated the attached review comments.  With  the
incorporation of our enclosed technical comments, the Division is hi favor of proceeding within
the framework of this ESD.

If you have any questions regarding these issues, please feel free to contact me at (401) 277-
3872, extension 7100.
Sincerely,
Tertence Gray, P.E.,
Division of Site Renn
cc:     J. Fester, RIDEM-DSR
       R. Boynton, USEPA-Region 1
dzva&convindd
                       Tclrphone {-JO I) 277-3872 / FAX 277-2017
                     TcVcomimvnicauon Device tor the Deaf 277-6800

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                          Davis Liquid Waste Superfund Site
                Draft Explanation of Significant Differences (Version 1)
                                    January 1996
Division of Site Remediation Comments:
SPECIFIC COMMENTS:

1.     Page 7, Section Q. (Q Summary of Remedy as Originally Described in the ROD:
       Sentence 1, Paragraph 1:

       "The active restoration of the overburden and bedrock aquifers contaminated with volatile
       organic compounds using onsite treatment involving air stripping and carbon adsorption
       and recirculation of treated -water to the aquifer."

       It should be clarified that treated water will be discharged into a nearby surface water,
       not injected back into the aquifer.
2.     Page 10, Section V,  Affirmation of the Statutory Requirements:
       Paragraph 1:

       "... complies with Federal and State requirements that are applicable or relevant and
       appropriate to this remedial action, and is cost-effective."

       It should be made clear in this section that the ESD also meets all ARARs identified at
       the time the original ROD was signed.

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                          APPENDIX B



          Response to Comments  Received Pursuant  to  the

          Draft Explanation of Significant Differences

for Changing the Method of Treating Contaminated  Soils and Wastes

     from On-site Incineration  to On-Site Thermal Desorption
                Davis  Liquid Waste  Superfund Site
                    Smithfield, Rhode Island
                            July 1996

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                        TABLE OF CONTENTS
I.    INTRODUCTION
II.  SPECIFIC COMMENTS AND RESPONSES  	    1
          A.    Procedural Comments  .............    1
          B.    General Comments 	    4
          C.    Technical Comments 	    6
     ATTACHMENT #1  THERMAL DESORPTION COST ESTIMATE

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I.   Introduction

     On April  9,  1996  EPA  issued  for  public  comment a  draft
Explanation of Significant Differences (BSD)  between the remedial
action to be undertaken at the  Davis  Liquid  Waste Superfund Site
(the "Site")  and the remedial  action as set forth in the September
29,  1987  Record  of Decision  (ROD)  for  the Site.    The  change
consists of  using  on-site  thermal  desorption as  the means  of
treating contaminated soils and  wastes at the Site in place of on-
site incineration.

During the 30-day public comment period EPA  received two  sets of
comments on the draft  ESD.    At  the  request  of  one  of  the
individuals  commenting,  the   comment  period was  extended by  an
additional   23  days  during  which  time  one  set  of  supplemental
comments was received by EPA.   A copy of  the comment letters are
included as Appendix C to the ESD,  and will be referenced herein,
respectively, as 1)  Brenan, 2} BFI-RI, and 3)  Brenan Supplemental.
All of the  comments  submitted  came from representatives of parties
who are involve'd in contribution litigation with respect  to the
Site.   In  general the comments were supportive  of  changing the
method of  on-site treatment   from  incineration but both  sets  of
comments expressed  a preference for using soil  vapor extraction
(SVE) over thermal desorption as the technology of choice.

It should  be noted that EPA's responses to comments are confined
co those comments or portions  of  comments  which deal with the
changes being discussed in the proposed ESD.   Therefore, comments
outside of the  scope of  the  proposed ESD, such  as  those  dealing
with the management  of  migration components of  the overall site
remedy, are not  addressed.  To the extent that comments overlap or
reiterate  similar concerns,   EPA has  attempted  to  group  these
comments together and provide one comprehensive response.

II.  Specific Comments and Responses

     A.   Procedural Comments

1.   EPA'a  comment  period  provides  inadequate  time  for  the
litigants in the Davis case to review, consider, and evaluate all
of  the documentation and data identified  in  the  original ROD
Administrative Record and the Proposed  Administrative Record for
the ESD. (Brenan, Brenan Supplemental)

     Section  300.435 (c)  of  the NCP  and Section 117 (c)   of the
Comprehensive Environmental Response, Compensation  and Liability
Act of 1980  (nCERCLAn) clearly  identify the  public participation
and community relations requirements for an ESD.  To  summarize, the
requirements consist of 1} the publication of a notice in a major
local newspaper of general circulation briefly summarizing the ESD
and the reasons for proposing the change and  2} making the ESD and

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supporting information  available to  the public  as part  of  the
administrative record  established under  Section 300.815  in  the
local information repository.  These requirements were met on April
9, 1996 when  EPA published a  notice  of the proposed  ESD  in  the
Providence  Journal  and  made   the  ESD as  well  as  supporting
information available to the public at the local repository in the
Smithfield Town Hall.

In an effort  to  increase  the level of  public  involvement  and
participation  with respect to the  ESD,  EPA  at its  discretion
initiated a 30-day comment period during which it accepted comments
from the public on the  proposed ESD.   No comments  were received
from the public during this time period other than those provided
by counsel representing  two  parties  (out  of  approximately  129
parties) involved  in contribution litigation with respect  to  the
Site.  It was at this time that one of the individuals commenting
(i.e., Brenan) requested additional time to review and respond to
the proposed ESD.  EPA,  although not required to do so; agreed to
extend the comment period by another 23 days and received one  set
of   additional   comments   during   that   time   (i.e.,   Brenan
Supplemental).   A  Freedom  of   Information  Act request was  also
submitted  on  behalf of  Mr. Brenan  during  the  extended  comment
period  requesting copies of documents from  EPA related  to  the
proposed ESD.  The  request  was responded to by EPA and documents
provided -within the time prescribed by law.

As can  be  seen by the activities described  above,  EPA more than
complied with the  spirit  as   well  as  the  letter of  CERCLA  for
providing  public   participation   in  the  ESD   process.     The
administrative process pursued here  by  EPA  clearly conforms with
the discussion provided  in  the Preamble to  the  NCP [See  Section
300.435(c)(2)] and attempts  to balance the public's continuing need
for information  about,  and input into,  post-ROD remedial  action
decisions,  with  the agency's  need to move  forward expeditiously
with  design  and  implementation of  the remedy  after fundamental
decisions  have been made  in the ROD;   EPA has provided more than
sufficient time for the individuals commenting to review, consider,
and evaluate the documentation  and data  identified in the original
ROD Administrative  Record and  the Proposed  Administrative Record
for the ESD.

It is worth  noting that in 1991, the parties  represented  by the'
individuals commenting were  named as third party Defendants  in cost
recovery litigation related to the Site.   Since then,  there  has
been sufficient time for the litigants to review the documentation
and data contained in the Administrative Record for the Site.

2.   The proposed Administrative Record for the BSD appears to be
incomplete in that documents including the draft Scope  of Work for
the soil remedy submitted by one party as well as related documents
and/or deliverables such as  the Preliminary Remedial Design  for the
soil  remedy have  not been  included.   EPA  needs  to. provide  the

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public with the status of the remedial action, the coats incurred
to  date,  the  projected  costs,  and  an  explanation  of  the
appropriateness of the 1987 ROD remedy given the current conditions
at the site nearly 10 years later in 1996. (Brenan)

In conformance with CERCLA and the NCP, EPA made available as part
of the  Administrative  Record all of the  supporting information
which formed the basis of the decision to issue the proposed ESD.
The specific  documents  mentioned or the  additional information
requested by the commenter did  not  form,  and  were  not  needed to
form the basis of EPA's decision and therefore were not included in
the Administrative Record.

3.   The public is entitled to know EPA's beat current estimation
as to the volumes of contaminated soils  and/or waste at the site
which may have to be remediated, the extent and current conditions
of groundwater contamination including whether that contamination
has diminished or increased or any longer poses a potential riskf
and  the  projected  time frame for addressing  both  soil  and
groundwater contamination,  fBrenan)

The information requested by  the commenter regarding  the extent of
contamination and estimated  volume  of contaminated  soils and/or
wastes is included  in "Pre-Design Engineering Report  I" and "Final
Pre-Design Engineering Report II" which are included as part of the
Administrative Record, for .the proposed ESD.  The projected time for
EPA to  treat  the  soils and wastes  at   the Site using  thermal
desorption is  approximately 12 to  15 months,  similar  to  that
estimated for on-site incineration in the ROD.

4.   The proposed BSD appears  to be influenced by factors other
than technical and scientific concerns.   We are concerned that the
proposed  BSD is,  at least  in significant part,  a product of
settlement negotiations and financial tradeoffs between the United
States and certain litigants rather than a reasoned decision with
respect  to  the costs and benefits  of technologies  available in
1996.   In this regard, there  is  correspondence from July 24, 1995,
which is not  in  the Administrative Record but should be, which sets
forth the United States' positions on pump and treat,  soil vapor
extraction, and low temperature thermal desorption. (Brenan, Brenan
Supplemental)

EPA has clearly stated in the ESD the basis for proposing the ESD.
The change in the remedy described in the ESD is  solely based on
sound scientific, technical,  and economic reasoning.  Based on such
reasoning, EPA has  concluded  that the use  of  thermal desorption at
the Site will provide a  level of protection for human health and
the environment equal to that achieved by incineration, and will do
so in a more cost-effective manner.

The correspondence  referred  to by  the   commenter  was from  the
Justice  Department to  certain parties  to  the   litigation  for

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purposes of settlement discussions.  The correspondence set forth
the intentions of Justice  Department  trial counsel and EPA staff
regarding  negotiations,  and  their understanding  of  certain  of
CERCLA's requirements as it related to the negotiations.  As such
the correspondence did not  form  any basis  for EPA's decision and
therefore was not included in the Administrative Record,

     B.   General Comments

1.   The BSD,  aa proposed, is too narrow in focus  and fails to
consider appropriate remedial technologies.   For on-site soils
where  VOCs are  the  constituents  of  concern,  EPA's presumptive
remedy is soil vapor extraction  (SVE)  and  this technology should,
at  a  mi rtf ****** f  have been evaluated.   (Brenan,   BFJ-RT,  Brenan
Supplemental)

EPA evaluated  the use of  SVE  in the Feasibility  Study (FS)  and
again reconsidered its use more recently during EPA's development
of  the  proposed  BSD.    EPA' believes  that SVE  is  certainly  an
effective and appropriate technology to use at  many  Superfund Sites
but does not believe it  is the most appropriate technology to be
used at this Site. The primary reason for  this is  that during the
Remedial Investigation (RI) EPA found that there were portions of
the Site  in which raw wastes and drums/containers  were buried.
These areas, which are scattered  across  the Site, are not amenable
to treatment using SVE.   In order to ensure that these raw wastes
and drums/containers  will stop contaminating the groundwater, they
must be  excavated and treated or disposed  of.    Therefore,  the
excavation and thermal desorption of these  wastes provides a level
of protectiveness and certainty  which cannot be achieved at the
Site by using SVE.

An additional  concern regarding  the  use of SVE  on the remaining
portions of the Site  relates to its ability to  meet  cleanup levels.
The concern arises partially from the  close proximity of the water
table to the ground  surface and  the reduced effectiveness of SVE
under such conditions.  The application  of  SVE in these areas will
at best delay  the clean  up process and  may ultimately mean that
cleanup levels can not bfe  achieved using SVE  alone.  If SVE were
attempted, and then failed, any hoped for  cost savings could well
be eliminated if another  source control  remedial technology had to
be employed.

For these reasons, it is  not in the best interests of the public or
environment to use SVE to cleanup the Site or portions of the Site.
SVE does not achieve the same overall level of protectiveness and
reliability that EPA believes can be achieved at the Site through
excavation  and the use  of thermal desorption as  proposed in the
BSD.

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2.   The BSD is flaved and its conclusions are in error because the
proposed BSD presents  an inaccurate  comparison  of  the  coats of
incineration to the costs of its selected option,  low temperature
thermal desorption.  The'use of unit costs,  as presented in the
presumptive remedy guidance is far too gross an estimate to be used
when millions of dollars are under consideration.  A cost estimate,
at least as detailed as that  presented in  the  ROD and FS, needs to
be presented.  (Brenan)

While EPA believes that unit costs alone provide a sufficient basis
for comparing  thermal  desorption to incineration costs,  EPA has
prepared a  more detailed cost estimate for  the  on-site construction
and  implementation  of  thermal  desorption  at   the  Site  (See
Attachment  #1}  .  The pre-treatment  and post-treatment activities
for thermal desorption  are similar to those of incineration.  Both
technologies require mobilization and demobilization to  and from
the Site, have similar processing area requirements, and involve
the excavation, sorting, and disposal of  treated  materials.  The
costs for  these activities  are therefore expected  to be similar
with the exception  of  the  costs associated with  the disposal of
materials unsuitable for treatment.  Thermal desorption is expected
to  incur higher disposal  costs  for these  materials given  the
limitations on the size and types of materials that it can treat.
These disposal costs have been accounted for  in the attached cost ,•
estimate.

The major cost  difference between the two technologies is reflected
in the unit cost of treatment as  shown in  Item 5 of Attachment #1.
Based upon the average  cost  of treatment   (e.g.,   $250/ton)  as
identified  in the Presumptive Remedies Guidance (EPA 540-F-93-048)
the cost to treat contaminated materials at the Site using thermal
desorption  is estimated to be approximately $9.1 million  (See Item
5 of Attachment #1) .  The corresponding cost of incineration would
be approximately $16.2  million based upon the average cost  (e.g.,
$400/ton) identified in the  Presumptive Remedies  Guidance.   Even
with the inclusion of the off-site disposal costs of approximately
$3.2 million (See Item 6 of Attachment #1), and the assumption that
incineration would entail no off-site disposal costs, the use of
thermal desorption is expected to provide an overall cost-savings
of approximately $4 million.

It should be noted that the cost of treatment for both technologies
is volume dependent.  Because the unit cost of thermal desorption
is less than that of incineration the cost  savings will increase or
decrease roughly in proportion to any increase or decrease in the
volume of material requiring on-site treatment.

The more detailed cost  estimate supports EPA's conclusions as set
forth in the proposed ESD,' i.e., that the use of thermal desorption
versus incineration at  the Site will provide a more cost-effective
means  for   the cleanup of  the Site  without  sacrificing  the
protectiveness and reliability of the remedy.

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     C.   Technical Comments

1..   The BSD does not describe nor summarize the 'information and
data generated since the issuance of the September 29, 1987 ROD, "
nor does it indicate the sources of this information which formed
the basis of EPA's proposed BSD. (Brenan)

EPA, in conformance with CERCLA and  the  NCP,  has included all of
the information which formed the basis of  its decision to issue the
proposed  BSD,   including  pertinent  post-ROD  data,   in   the
Administrative Record for the BSD.  The sources of such information
are  indicated  on the  documents  contained  in  the  Administrative
Record.  Although some of the documents may contain additional data
pertaining to other components of the overall site remedy it is the
data which relates to the'source control  component of the overall
site remedy that is being considered here.

2.   the statement by EPA  that  'EPA  has  selected on-site thermal
desorption as the means of treating contaminated soils and waste at
the Site" is not entirely accurate. As indicated in  the ESD, there
are approximately 2500 yd? of "waste*  estimated to still be on site
which are not  treatable by thermal desorption.   The ESD fails to
consider the cost for treatment of this material  and  therefore, the
performance  and  cost  of LTTD   have  not  been  appropriately;
considered. (Brenan)                                              '•

Contrary to what the commenter has  stated, the costs associated
with the off-site treatment and disposal  of  the  estimated  2500 yd3
of  "waste" which may not be"amenable  to  thermal desorption have
been factored into  EPA's cost analysis (See Item 6  of Attachment
#1)  and  overall  decision to propose  this change.   Even  with the
"waste" disposal cost included, the use of thermal desorption still
provides  a significant cost-savings  over  incineration  without
sacrificing any of the protectiveness or reliability.  It should be
noted that, depending on which thermal  desorption  technology is
selected,  the  volume  of  drums  or   large  containerized  wastes
requiring off-site treatment and  disposal  may  be  significantly
reduced from the quantity shown above, thereby providing additional
cost savings.

3 .   There appears to be a discrepancy between the si te size in the
ROD  (15-acres) and in the ESD (10-acres).  There is no explanation
in  the ESD  as  to  which 5 acres  have  been  eliminated  for the
purposes of the  ESD or why.  (Brenan)

The size of the  site identified in the ROD  is different from that
identified in  the BSD because the ROD language,  which was taken
from the Remedial Investigation Report, refers to the approximate
size of the area studied by EPA during the  Remedial Investigation
(RI) .  The size  of the  site identified in the ESD encompasses the
approximate area where excavation and activities to support the

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excavation and treatment will take place, an  area expected to be
smaller in size than the area studied during the RI.

4.   By  selecting  the  LTTD process,  the  EPA  apparently  has
concluded that semi-volatile  organd.cs and metals are not critical
for selecting the primary treatment processes.   If  this  is,  in
fact,  the  case,  other  treatment  processes  that  were originally
screened out  during the FS  review because  they  were capable of
treating only VOCs,  should Jbe evaluated,  such as in-situ soil vapor
extraction.   Numerous in-situ technologies  are now available for
treatment of  VOC contaminated soil that are far less costly than
incineration or LTTD.  These technologies do not require excavation
of contaminated soils and,  therefore, do not release VOCs into the
atmosphere. Releases or emissions of VOCs to the atmosphere caused
by excavation activities were not  considered in the  BSD or the FS.
(Brenan)

As clearly identified in the ROD  the primary  reason for treating
the raw waste and contaminated soils  at  the  Site is to reduce the
toxicity and  mobility  of the contaminants contained  therein and
thereby reduce their impacts on the groundwater.  The ROD further
identifies volatile organic compounds (VOCs)  as the contaminants of
primary concern because they contribute the greatest  potential risk
to the groundwater.   Therefore,  for people nearby  the  Site who are
dependent-on the groundwater as  a drinking water source, VOCs pose;
the greatest potential  risk.  Some semi-volatile organic compounds
and metals were found in the soils at the  Site.  However, because
of  the differences in  physical  properties   (e.g.,  solubility,
partitioning  coefficient)  and  concentrations  detected  of  these
compounds,  they do not present the same risks to the  groundwater as
VOCs do.

VOCs  in the soil  continue  to be  EPA's  principle contaminant of
concern.   Thermal  desorption will be effective  in treating and
removing VOCs and  will also  provide  more  effective  ancillary
treatment  of  semi-volatile  compounds.    This  is  an additional
benefit of implementing thermal  desorption.

As part of its evaluation of thermal  desorption in the FS and the
BSD, EPA did  consider the  potential  impacts that emissions could
have.   EPA has concluded that  through  the  use of  available and
commonly used engineering controls and appropriate air monitoring
the risks posed by  any  fugitive emissions can be minimized.  The
long-term benefits of removing the contaminated soils, raw wastes,
drums  and/or  containers outweigh any short-term risks  posed by
emissions during excavation.

5.   The  analytical   data  from  the  site   investigation  and
characterization is limited and does not adequately segment areas
of soil contamination.  Rather  *-bf*n develop one overall site-wide
remedy,  EPA  should have  considered  remedies  applicable  to
particular areas of concern. (Brenan)

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EPA believes that the extensive sampling and monitoring performed
during the Remedial  Investigation  and Pre-Design field work have
adequately characterized the nature and extent of contamination at
the Site for the purposes of this BSD.  The most recent sampling of
the soil at the Site during the Pre-Design field work in the fall
of 1991 identified the continued presence of high concentrations of
contaminants in and around the areas where dumping took place and
drums were stored  or discarded.  The types of contaminants found in
these areas were similar and consisted primarily of VOCs.  Of the
technologies available to treat VOCs and achieve the certainty and
reliability needed,  EPA identified  thermal desorption as being the
most appropriate one for this Site.   Please refer to EPA's General
Comments Response #1 for a further explanation of why EPA did not
select SVE for the Site or portions of the Site.

6.   In  proposing  a  change  to  the  remedy,  EPA  should  have
considered making changes to  the groundwater remedy for several
reasons.  (Brenan)

This proposed BSD addresses  only the source  control  component of
the overall  site  remedy discussed  in the  ROD.  At this  time EPA
does not believe that changes to other components  of the remedy are
warranted.

7.   The JSSD acknowledges that EPA does not know the quantity and
kind  -of  contaminated  soils needing  remediation.    EPA  should
quantify the volumes and nature of contaminated material, if any.
At   this   point,   while  it  is  clear   that   incineration  is
inappropriate,  opposed by  the public,  and  not  in  keeping with
current EPA thinking, there is not  enough information available to
confirm  that the LTTD alternative,  as opposed  to  SVE or some
combination of innovative technologies, is the most cost-effective
alternative for remediation of on-site contaminated soils. (Brenan)

EPA will  certainly  agree that there are  areas of  the Site about
which EPA has more information  than it does about others.  However,
the information contained"in the Administrative Record supporting
the ROD  and this proposed  ESD demonstrates  that EPA  has  in its
possession sufficient  information  to select  the  proposed cleanup
technology.  Regardless of how much sampling is done up front there
will always be a level of uncertainty as to the extent and volume
of materials requiring treatment which will only be eliminated by
the actual performance  and  completion of the work.   EPA believes
that it has reached the appropriate balance among the quantity of
data, time and money expended  in gathering data,  and the level of
certainty needed  to  make this change.   Further  study would only
delay  addressing public health  and  environmental  risks  while
yielding only small  incremental benefits, if  any.  Furthermore, as
discussed above and in the ESD, the data gathered clearly indicate
that thermal desorption is the most appropriate technology for the
Site, and that SVE would be less effective and protective of human
health and the environment at  the Site.

                                8

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8.   The ESD needs to clearly state  that there are no federal or
Rhode Island cleanup standards for  VOCa in soils.   The cleanup
level of 2 ppm  was selected to achieve an acceptable level of risk
as calculated in the 1986  risk  assessment under the "premise" of
future residential land  use for  the site.   The ESD  should have
recognized that  the  land use of  this  property has not been and
presumably will not be for residential development,  particularly
since the site has been used for industrial purposes including as
a tire recycling center for a number of years and continues to be
used for this purpose.   Finally, the ROD allowed treated soils to
be backfilled  so long as  they  passed  the EP  toxicity test.   In
changing the remedy,  the EPA should have recognized  there is no
reason to excavate any soils at all that pass EP toxicity criteria.
(Brenan)

The  commenter  is  correct  that there  are no national  cleanup
standards for VOCs  in the soil.  The variability of conditions and
site-specific factors renders such an approach  inappropriate.  EPA
notes that the State of Rhode Island has recently promulgated draft
soil screening cleanup levels which  do not  apply at  this Site as
they were not promulgated at the time the ROD was issued.

Similarly to the approach  EPA takes at  other  Superfund sites to
determine soil  cleanup levels,  EPA used site-specific information
and assumptions to set cleanup  levels  for the  Davis  Liquid Waste
Site. The ROD clearly identifies that the soil  cleanup levels were
determined  based  on  the  risks  posed  by  the  soil  leaching
contaminants into the groundwater  above  allowable drinking water
standards.  As  part  of  the  analysis in  the RI and ROD  EPA did
consider the current  use of the Site and surrounding areas (e.g.,
portions covered with tires and other areas undeveloped)  as well as
make a reasonable assumption for the future use of  the Site and
surrounding areas (e.g.,  residential).   The future use assumption
is still reasonable and applicable given such developments-as the
increased growth in the  number  of  residences nearby the Site and
tires being removed  from the Site by the property owner under a
State Superior  Court  Order.   Therefore,  the  information already
provided in the ROD is sufficient  to explain the basis for EPA's
establishment of the soil  cleanup  level  and no further change to
the text of the ESD is warranted.

It appears that  the  commenters'  last two statements misapprehend
the basis in  the ROD  for when EPA  would apply the  EP toxicity
criteria to soils at the .Site.   The  ROD identifies that soils at
the Site exceeding a concentration of 2 parts per million (ppm) for
total VOCs will be  excavated and treated.  Treatment of  such soils
will continue until the levels are below  the cleanup standard of 2
ppm.  It is only after achieving this cleanup standard that soils
are  to  be tested  for the  EP  toxicity  criteria.    The toxicity
testing  was  a  means of  determining  what  further  treatment  or
precautions were necessary,  if  any,  for the final disposition of
the treated soils and wastes.

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The BSD modifies the testing by using the Toxicity Characteristic
Leaching Procedure  (TCLP)  in place of the  EP toxicity criteria.
Those soils with concentrations that are below the TCLP regulatory
levels will be used to back fill 'excavated areas.  The soils with
concentrations above TCLP regulatory levels will either be placed
in a RCRA Subtitle C landfill on-site or disposed of off-site at an
EPA approved facility.

9.   The statements  "A cleanup level of 5 parts per billion has
Jbeen    established    for    benzene,     trichloroethylene,    and
tetrachloroethylene.   EPA  estimates  that this target remediation
level can be achieved within 5 to 10 years."  is inconsistent with
current government findings.  The time frame postulated for cleanup
in the ESD, ROD, and FS of 5-10 years is not  substantiated by any
modeling of the groundwater  or contaminant  fate  and transport.
(Brenan)

The statements referenced above and made in the ESD regarding the
management  of  migration component were taken from the  remedy as
originally described in the ROD.  The information was included in
the ESD for background purposes only.  This proposed ESD addresses
only  the scurce  control component  of the  overall   site  remedy
selected in the ROD.   At  this time EPA  does not  believe that
changes to other components of the remedy are warranted.

10.  The proposed change from the ROD permitting off-site disposal
of  treated soils  requires an explanation  from EPA.   Off-site
disposal of such soils appears  to contradict the  original intention
of the FS and  the ROD.  (Brenan)

EPA's  intent   for  including  such language   is  to provide  some
flexibility if, for example, there is only a  very small volume of
treated material which does not pass the TCLP  test.   Under such
circumstances it may not be in  the best interests of the public and
environment to construct an on-site RCRA Subtitle C landfill.

11.  There  are several  technical differences  between incineration
and  LTTD   that  are  not  adequately   addressed  in  the  ESD.
Specifically: incineration oxidizes VOCs, SVOCs, and vaporizes some
metals while LTTD without an afterburner merely vaporizes VOCs, but
generally does not treat or reduce SVOC and metals contamination.
The ESD should explain the differences between incineration, LTTD
and  SVE and   explain  why  these  differences  do  or  do  not
significantly change and/or fundamentally alter the overall remedy
with respect to cost and performance.  (Brenan)

The  text of  the ESD and  the supporting  Administrative  Record ,
adequately explain the difference between incineration and thermal
desorption.  Please refer to EPA's General Comments  Response  #1 and
Technical  Comments  #4 for  further explanation  of   why  thermal
desorption  is  the technology of choice for the Site.


                                10

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12.  EPA needs to clarify what IB meant by the following statements
in the ESD " The contaminants removed must be collected and treated
separately.  In many instances  this  treatment occurs at a separate
off-site  location."   At  a minimum,  the  ESD  must  identify the
contaminants, how they are going to  be collected, and  the location
of any off-site treatment. (Brenan)

The statements above  were  made in  the context  of  explaining the
difference  between   the   ultimate   fate  of   VOCs   when  using
incineration versus thermal desorption.  In incineration the high
temperatures  cause  the  destruction  of  VOCs   while  in  thermal
desorption  the  VOCs are  physically  driven  out  of the  soil.
Depending  upon  the  type  of  off-gas  treatment on   the  thermal
desorption unit  the  VOCs  can  be destroyed through the  use  of an
afterburner or other type  of  oxidative  unit  or  transferred to
another  medium such  as  activated  carbon and  then  treated and
disposed  of  either  on-site   or off-site  {depending  upon  the
concentration of  VOCs in the off-gas).

A number of different types of  thermal desorption  units (with an
equal number  of  means for off-gas  control) may be applicable to
this Site. Each  type of  thermal desorption unit  may have different
capabilities  in  terms of  the  type and size  of drums  or  other
containerized wastes that can be treated.  Because of this range of
capabilities as well  as the possibility that new  thermal desorpticn
technologies  will  be developed in  the  interim,  EPA has  not
specified in the  ESD the particular type of thermal desorption unit
and off-gas treatment to be applied  at the  Site.  EPA  has also net
specified the  off-site location  for any wastes requiring further
treatment or disposal as this will be dependent on the  capabilities
of thermal desorption technology selected.  EPA believes that the
approach it is taking will  provide the  greatest  flexibility during
the contractor selection process  and allow for the selection of the
most appropriate  thermal desorption vendor for the Site.
                                11

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                                                    ATTACHMENT //I

                                          THERMAL DESORPT1ON COST ESTIMATE

                              QUANTITY    UNITS®  UNIT COST     TOTAL COST
TASK/ITEMS
          COMMENTS
I. DIRECT CAPITAL COSTS

1. ADVANCE SITEWORK
           CONSTRUCT TD OPERATIONS AND SOIL STAGING AREA
                CLEAR AREA            1         acre        $5,000
                LINER              21760        sq ft           $1
                BUILD BASE          2420      cu yds           $8
2. MOBILIZE TD
          TRANSPRT/SETUP             1   lump sum       $350,000
          UTILITIES                     1   lump sum        $30.000
3. EXCAVATION AND TRANSPORT OF SOIL
           EXCAVATION
           ENCLOSURE
           MOVE ENCLOSURE
           AIR MONITORING
           AIR TREATMENT
4. SIEVING SOIL
           SIEVING
           TRANSPORT
           ENCLOSURE
           AIR MONITORING
           AIR TREATMENT
5, TREATMENT OF SOILS WITH TD UNIT (1)
           OPTIMIZATION STUDY          1     lump sum      $125,000
           TREATMENT              30450         tons         $250
           AIR MONITORING            200        days         $200
                                                                          $5,000
                                                                         $21.760
                                                                         $19,360
                                                                         $46,140

                                                                        $350,000
                                                                         $30.000
                                                                         $380.000
25000
5000
5
200
. 1
cuyds
sqft
move
days
lump sum
$15
$20
$33,000
$400
$75,000
$375,000
$100.000
$165,000
$80,000
$75.000
                                                                         $795,000
200
200
2000
200
1
days
days
sqft
days
lump sum
$300
$500
$20
$400
$75,000
$60.000
$100,000
$40,000
$80.000
$75,000
                                                                         $355.000
                                                                        $125,000
                                                                       $9,112,500
                                                                          $40,000

                                                                       $9,277,500
Size estimated for staging and stockpile area
Estimate 0,5 acres (or staging/operating area
Clean (III to be hauled In from off-site, placed
and compacted to a depth of 2' In cleared area
Vendor estimates ranged from $50K to $400K
Assumption Is that utilities will be run to site
for GWTP prior to this, so only minor work needed
                                                                                    Assume $15/yd due to Level C work
                                                                                    Assume steel framed tension structure (50'xlOO')
                                                                                    Structure has wheels but still 5 moves req'd
                                                                                    Assume four samples/day @ $100 each
                                                                                    Assume air from enclosure Is treated
                                                                                    with vapor phase carbon
                                                                                    Rental and maintenance of screen-all
                                                                                    Use of small rubber lire loader
                                                                                    Assume stee) framed tension structure
                                                                                    Assume four samples/day @ $100 each
                                                                                    Assume afr from enclosure Is treated
                                                                                    with vapor phase carbon
Based on cost range identified In EPA 540-F-93-04B
Assume two samples/day at $100 each

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TASK/ITEMS QUANTITY UNITS® UNIT COST
6.
7.
a.
TREATMENT OF BURIED DEBRIS (2)
TREATMENT 4050 tons $800
STOCKPILE AND TEST TREATED SOIL
VERIFICATION 250 samples $1,000
TRANSPORT 200 days $500
TREATMENT OF LARGE PARTICLES (3}
MATL HANDLING 70 days $350
STEAM CLEAN 190 days $300 '
SUBTOTAL, DIRECT CAPITAL COSTS
II.
INDIRECT CAPITAL COSTS
ENGINEERING 15 % of $14,525,140
CONTINGENCY 15 %of $14,525,140
TOTAL COST
$3,240.000
$3,240,000
$250.000
$100.000
$350.000
$24,500
$57,000
$81,500
$14.525.140
$2.178.771
$2.176,771
COMMENTS
Assume off-site Incineration of drums
and miscellaneous burled debris
Sample collection rate decreases with time
Assume separate small rubber tire loader
Assume treatable quantity generated every 3rd day
Assume that 10% of 36,450 cu yds requires steam
cleaning; therefore 3.645 cu yds cleaned at 1
cu yd/half hour
% consistent with those Identified In FS for Incineration
SUBTOTAL. INDIRECT CAPTIAL COSTS
 $4.357.542
TOTAL ESTIMATED PRESENT WORTH COST
$16,882,682
Notes:      (1) Assumed TO would be operating 24 hours per day, 7 days per week (w/approxlmately 20%
                 down time), assumed a unit throughput of 10 tons/hr for a total operational time of 200 days.
                 Estimated cost range In EPA 540- F- 93- 048 document is $200 to $300 per ton (avg. $250).
                 Did not Include bulking factor in volume estimate which could Increase volume by 20%
                 Density of soil assumed to be 120 Ibs/cu ft for conversion from cu yds to tons.

           (2) Assumed that technology to be used for disposal of debris (i.e., drums, paint cans) would Involve
                 off-site incineration. Cost shown for ROD est volume Is based on disposing of a solid waste.

           (3) Assumed that MOM groundwater treatment system would be In operation at the site and that waste
                 water generated during large particle decontamination would be treated In that facility.

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                           APPENDIX C


               Comments Received Pursuant to the

           Draft  Explanation of Signficant Differences

for Changing the  Method of Treating Contaminated Soils and Wastes

     from On-site Incineration to On-Site Thermal Desorption
                Davis Liquid Waste Superfund Site
                    Smithfield, Rhode Island
                           July 1996

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 2000 Ore Lagan Squire
 Philacdcna, PA 19103^993
 215463-3000
 Fas 215-563-S299                                     COL'SSELofti \ 7 L\w
Morgan, Lewis
    sBockius UP
May 9, 1996

Neil Handler
Remedial Project Manager
U.S. EPA, Office of Site
  Remediation and Restoration
JFK Federal Building  (HBO)
Boston, Massachusetts  022Q3
Re:  Comments Upon EPA's  Proposed Explanation
     of Significant Differences for the Davis Liquid
     Superfand Site in Smithfield.  Rhode Island	
Dear Mr. Handler:
On April 9, 1996, EPA published a notice in the Providence
Journal Bulletin that it  intended to issue an Explanation of
Significant Differences  ("BSD")  recommending'what it describes
as a significant change for the remedy previously selected in
the 1987 Record of Decision  ("ROD")  for the Davis Liquid '
Superfund Site in Smithfield,  Rhode Island ("Davis Site"). The
ROD was based upon data and analyses in the Remedial
Investigation (RI) and Feasibility Study (FS) and their
appendices. In compliance with the newspaper notice, which we
did not learn about until substantially later, requiring that
public comments be postmarked no later than May 9, 1996, we, on
behalf of our client, a litigant, hereby provide the following
comments:
        Washirjjjn   Mew rent  Los Angeles  Miami   Hamstxug  Princeton  London  Bruss*3  Frankfut  Tokyo

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                                                     Morgan, Lewis
Neil Handler
May 9, 1996
Page 2
                      Procedural Comments

P.I.  EPA has failed to provide our client and others similarly
situated with adequate notice and -opportunity to comment on the
proposed SSD.  The parties most interested in and most likely
to submit comments on EPA's proposed ESD are those named as
defendants and third-party defendants in the ongoing lawsuit
with regard to the Davis Site, United states of America v.
William M. Davis, et al. .  (D.R.I. C.A. £90-0484-P).  EPA's
failure to directly notify the litigants in that lawsuit is not
in compliance with the'spiriz or intent of § 117(d) of the
Comprehensive, Environmental, Restoration, Compensation and
Liability Act ("CERCLA") and unfairly penalized them by
providing inadequate time to prepare and submit comments on the
complex environmental issues presented by EPA's proposed ESD.

P. 2.  EPA's failure to provide prompt notice and a reasonable
opportunity to comment to litigants who are currently required
to defend themselves at the Davis Site and who, therefore, are
at risk for remedial response costs incurred at the site is
especially troubling for those parties which were never
provided with notice or an opportunity to comment upon the
remedial action  originally selected by EPA for the Davis Site
in the 1987 ROD.

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                                                     Morgan. Lewis
Neil Handler
May 9, 1996
Page 3
P.3.  EPA's comment period provides inadequate time to review,
consider, and evaluate all of the documentation and data
identified in the proposed Administrative Record for the ESD.
This procedural defect is magnified because EPA ignored or
failed to timely respond to Freedom of Information Act ("FOIA")
requests submitted with regard to this site.  To comment upon
the proposed change, a party must understand the proposed
remedy change in light of the original remedial decision.  Even
the full 30 day comment period is inadequate to review and
analyze all of the information in the original Administrative
Record and the new proposed ESD Administrative Record.

P.4.  The proposed Administrative Record for the ESD appears to
be incomplete.  We understand that documentation which was
before the Agency and was instrumental in the Agency's decision
to issue an ESD has not yet been made available to the public
and is not included in the proposed Administrative Record for
the ESD.  Those documents include the draft Scope of Work for
the soil remedy submitted by one party as well as related
documents and/or the deliverables such as the Preliminary
Remedial Design for the soil remedy.

P.5.  Furthermore, the limited written comment period fails to
provide an adequate opportunity for public response to the

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                                                    Morgan. Lewis
Neil Handler
May 9, 1996
Page 4
proposed ESD.  In light of the passage of nearly ten years
since the RI/FS was performed and the ROD remedy selected and
ZPA's acknowledgement that it is making a significant change to
the ROD remedy, and the restricted time available to provide
comments and pose questions to the Agency,  pursuant to EPA's
OSWER Guidance on Preparing Superfund Decision Documents
9355.3-02, along with the proposed ESD EPA needs to provide the
public with the status of the remedial action,  the costs
incurred to dare, the projected costs,  and an explanation of
the appropriateness of the 1987 ROD remedy given the current
conditions at the site nearly 10 years later in 1996.

P. 6,  The public is entitled to know EPA's best current
estimation as to the volumes of contaminated soils and/or waste
at the site which may have to be remediated,  the extent and
current conditions of groundwater contamination including
whether that contamination has diminished or increased or any
longer poses a potential risk, and the projected time frame for
addressing both the soil and groundwater contamination.  In
light of the eight year delay in the construction of the public
waterline, it is critical that EPA provide the public with this
information.

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                                                     Morgan. Lewis
                                                             ILLP
Neil Handler
May 9, 1996
Page 5
p. 7.  The proposed ESD appears to be influenced by factors
other than technical and scientific concerns.  We are concerned
that the proposed ESD is, at least in significant part, a
product of settlement negotiations and financial tradeoffs
between the United States and certain litigants rather than a
reasoned decision with respect to the costs and benefits of
technologies available in 1996.  In this regard, there is
correspondence from July 24, 1995, which is not in the
Administrative Record but should be, which sets forth the
United States' positions on pump and treat, soil vapor
extraction, and low temperature thermal desorption.

P.8.  Finally, we are providing the following general and
technical comments but are requesting an extension of the
comment period to allow all parties to supplement their
comments once they have had a fair opportunity to review and
consider all relevant data.
                        General  Comments
G.l.  We concur with EPA's decision to modify the ROD for the
Davis site as related to remediation of on-site soils and
further concur that current state-of-the-art remedial
technologies for volatile organic compounds  (VOCs), the
contaminants of concern for the site, exist that are
substantially more cost effective than incineration.  However,

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                                                     Morgan. Lewis
                                                       c-Bockiusm-
Neil Handler
May 9, 1996
Page 6
EPA's decision  to  review and significantly change the decisions
made by the ROD in 1987  in light of current remediation science
requires reevaluation of the conclusion drawn not only in the
ROD but also  in the remedial investigation, and feasibility
study as well.

G.2.  The ESD,  as  proposed, is too narrow in-focus and fails to
consider appropriate remedial technologies.  For on-site soils
where VOCs are  the constituents of concern, EPA's presumptive
remedy is soil  vapor extraction (SVE) and this technology
should, at a  minimum,  have been evaluated.  Furthermore, the
length of time  since the RI/FS was conducted and the additional
data collected  (particularly in the groundwater) when coupled
to recent governmental findings on the cost and ineffectiveness
of pump and treat  remedies, suggest that EPA's groundwater
remedies also be revisited.

G.3.  The ESD is flawed  and its conclusions are in error
because the proposed ESD presents an inaccurate comparison of
the costs of  incineration to the costs of its selected option,
low temperature thermal  desorption.  The use of unit costs, as
presented in  the presumptive remedy guidance, is far too gross
an estimate to  be  used when millions of dollars are under

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                                                    Morgan. Lewis
Neil Handler
May 9, 1996
Page 7
consideration.  A cost estimate, at least as detailed as that
presented in the ROD and FS, needs to be prepared.

G.4.  There is insufficient data upon which to base the
proposed BSD.  The ESD, as well as the ROD, FS, and RI, all
recognize the imprecision of the site characterization data
which is being used as the basis for evaluating and selecting a
renedial alternative.  These uncertainties are now compounded
by the age of most of the data.  Moreover, as set forth below,
there are uncertainties as to the volumes of material to be
treated and further uncertainties as to various cost
projections and comparisons.
                       Technical Comments
T.I. Pg. 1, 53 states: "Because the adjustments to the remedy
     selected in the ROD are significant but do not
     fundamentally alter the overall remedy with respect to
     scope, performance, or cost."
Comment.  While we agree that the 1987 ROD  should not be
implemented, the ESD contains inadequate documentation to
support its conclusion as to the similarity of scope,
performance, and cost of the proposed alternative remedy.
These individual items are discussed further in our comments to
the ESD.
T.2. Fg. l, 55 states: "Based on the information and data
     generated since the issuance of the 29 September 1987 ROD,

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                                                    Moran. Lewis
Neil Handler
May 9, 1996
Page 8
     one portion of the remedy as described in the ROD has been
     modified.11
Comment.  The BSD does not describe nor summarize the
"information and data generated," nor does it indicate the
sources of this information.  Without inclusion (or, at the
very least, a summary) of the specific data referenced, it is
not possible to evaluate the reasonableness of EPA's conclusion
that only one portion of the ROD should be modified.  For
example, we understand that additional groundwater and
residential well sampling was conducted subsequent to the ROD
yet that information is not referenced in the ESD and it -is not
clear that it was considered in the development of the ESD.
Since the ROD is being revisited for the purpose of reviewing
the source control alternatives, all data, including data
                                                         i
relevant to groundwater and residential water, should be
reviewed to determine the appropriateness of changing the ROD
remedy.

T.3. Pg* 2, fll states: "EPA has selected on-site thermal
     desorption as the means of treating contaminated soils and
     waste at the site."
Comment.  This statement is not entirely accurate.  As
discussed in several of the comments below, the FS, ROD, and
even Pg. 9, 54 of the ESD clearly indicate that approximately
2500 yd3 of "waste11 estimated to still be on site  are not

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                                                     Morgan. Lewis
Neil Handler
May 9, 1996
Page 9
treatable by low temperature thermal desorption (LTTD).
Significantly, the FS estimated off-site treatment of waste
material would cost $6.2 million or 48% of the total capital
costs of the LTTD option as evaluated in the FS.  The ESD fails
to consider this cost from the FS.   Therefore, the performance
and cost of LTTD have not been appropriately considered.
Moreover, the ESD, ROD,  and FS do not define exactly what
constitutes this "waste,11 a serious omission considering the
proportion this cost contributes to the estimated project
costs.

T.4. Pg. 1, 52 discusses "The approximately 10-acre site..."
Comment.  There appears to be a discrepancy between the site
size in the ROD and in the ESD.  The ROD identifies the site as
being 15-acres.  There is no explanation in the ESD as to which
5 acres have been eliminated for the purposes of the ESD or
why.

T.5. Pg. 3, Jl states: "The use of thermal ... will
     significantly reduce the overall cost..."
Comment.  Although we believe there are adequate soil remedies
much less costly than incineration, the conclusion that thermal
desorption will significantly reduce costs is not supported by
any data in the ESD and is, therefore, speculative.

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                                                     Morgan, Lewis
Neil Handler
May 9, 1996
Page 10
T.6. Pg. 3, 32. states:  "Because thermal desorption, like
     incineration, removes contaminants through a theraal
     process, the use of thermal desorption does not
     fundamentally alter the remedy selected in the ROD."
Comment.  EPA bases this argument on the fact that both
technologies are thermal processes.  There are, however,
significant differences between incineration and LTTD'.
Incineration operates at considerably higher temperatures than
LTTD.  Incineration destroys volatile organic compounds  (VOCs)
as well as semivolatile organic compounds and volatilizes some
metal constituents.  The LTTD process volatilizes the VOCs but
does not remove most senivolatile organic compounds or metals
from soils.  Zven the VOCs volatilized by LTTD are destroyed in
the air stream only if an afterburner is employed.  The use of
an afterburner in the proposed LTTD process is included in the
FS but is not mentioned in the ESD and, in fact, may not be
necessary.

By selecting the LTTD process, the EPA apparently has concluded
that semivolatile organics and metals are not critical for
selecting the primary treatment processes.  If this is, in
fact, the case, other treatment processes that were originally
screened out during the FS review because they were capable of
treating only VOCs, should be evaluated, such as in-situ soil

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                                                     Morgan. Lewis
Neil Handler
May 9, 1996
Page 11
vapor extraction (SVE). ' Indeed, SVE is EPA's primary
presumptive remedy at VOC contaainated sites.

Numerous in-situ technologies are now available for treatment
of VOC contaminated soil that are far less costly than
incineration or LTTD.  Indeed, the EPA's Superfund Innovative
Technology Evaluation (SITE) program has provided the proving
ground for innovative in-situ technologies, including SVE, the
primary prescriptive remedy for VOC contaminated sites, that
may be applicable to this site.  Furthermore, these
technologies do nor require excavation of contaminated soils
and, therefore, do not release VOCs into the atmosphere.  The
release of VOCs during excavation and in soils handling is well
documented (Air/Superfund National Technical Guidance study
Series Estimation of Air Emissions from Cleanup Activities at
Superfund sites), and potentially can contribute to short-term
risks.  Releases or emissions of VOCs to the atmosphere caused
by excavation activities were not considered in the ESD or the
FS.
T.7. Pg. 4, 53 states: "The Remedial Investigation...identified
     extensive contamination of the soil, groundwater,
     sediment, and surface water at the site."

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                                                    Morgan. Lewis
                                                             i LLf
Neil Handler
May 3, 1996
Page 12
Comment.  The analytical data from the site investigation and
characterization  is limited and does not adequately segment
areas of soil contamination.  The remedial investigation (RI)
completed in 1986 contains data that contamination in the soils
on site was localized in several discrete areas and identified
those areas by the nature of suspected materials disposed in
each.  Rather than develop one overall site-wide remedy, EPA
should have considered remedies applicable to particular areas
of concern.  AOC  specific remedies such as stabilization and/or
capping (e.g., for metals), aay be appropriate and cost-
effective technologies for specific AOCs.

T.8. Pg. 4, 54 states: "Contaminants were found in both the
     shallow overburden aquifer and the deeper bedrock
     aquifer."
Comment.  In proposing a change to the remedy, EPA should have
considered making changes to the groundwater remedy for several
reasons.  The ROD remedy, a pump-and-treat system is based on
data gathered from pre-1986.  The ROD and RI/FS indicated that
contaminants in groundwater decreased during the course of the
site investigations.  Because more than 10 years have passed
from the time of  the RI sampling on which the ROD was premised,
and since the contaminant concentrations and/or profiles will
have changed, there are serious questions about whether the
groundwater remedy selected in 1987 is cost-effective.  The

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                                                           Lewis
                                                              LLf
Neil Handler
May 9, 1996
Page 13
National Resource Council (NRC) and EPA have recognized the
serious technical limitations of pump-and-treat remedies,
especially in bedrock aquifers.  The NRC criticized the
inability of many pump-and-treat systems to reach health-based
cleanup goals (NRC, Alternatives for Groundwater Cleanup,
1994).  A survey of pump-and-treat remedies instituted at a
number of Superfund sites indicated that original FS operation
and maintenance (O&M) cose projections were generally greatly
exceeded by in-place systems because expected levels of cleanup
were not being achieved in the time frames projected, thus
requiring many more years of treatment.  (Travis, Curtis C.,
and Doty, Carolyn B.  1990.   "Can Contaminated Aquifers at
Superfund Sites Be Remediated?"  Environmental Science and
Technology 24(10) : 1464-66.

T.9. Pg. 5, 55 states:  'Estimates for the number of tires
     being stored at the property range from approximately 10
     to 30 million.  Approximately one-third of these tires are
     being stored over areas which EPA believes may contain
     contaminated soils."
Comment.  The ESD acknowledges that EPA does-not know the
quantity and kind of contaminated soils needing remediation.
EPA should quantify the volumes and nature of the contaminated
material, if any.   At this point, while it is clear that
incineration is inappropriate, opposed by the public, and not
in keeping with current EPA thinking, there is not enough

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                                                     Morgan, Lewis
                                                       sBockiusu/
Neil Handler
May 9,  1996
Page 14
information  available to confirm that the LTTD alternative, as
opposed to SVE  or  scae combination of innovative technologies,
is the most  cost-effective alternative for remediation of on-
site contaminated  soils.

T.10.     Fg. 6, 53  states:  "All soils and wastes with
          volatile organic concentrations...would be excavated
          to below the 2 ppm cleanup level...These
          soils...below the EP toxicity levels...backfill
          excavated  areas.  The soils with concentrations above
          the EP toxicity levels would be placed in a RCRA
          Subtitle C landfill on-site."
Comment.  The ESD  needs to clearly state that there are no
federal or Rhode Island cleanup standards for VOCs in soils.
The cleanup  level  of 2 ppm was selected to achieve an
acceptable level of  risk as calculated in the 1986 risk
assessment under the "premise" of future residential land use
for the site.   The ESD should have recognized that the land use
of this property has not been and presumably will not be for
residential  development/ particularly since the site has been
used for  industrial  purposes including as a tire recycling
center for a number  of years and continues to be used for this
purpose.  Furthermore, the proposed construction of a Subtitle
C landfill on the  Davis property is  in direct conflict with
the ROD'S assumption that the property may still be used in the
future for residential development.  The ESD also needs to
recognize that  the ROD cleanup levels may be excessive in light

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                                                    Moran. Lewis
                                                       o-
Neil Handler
May 9, 1996
Page 15
of EPA1 s current policy which, as presented in the OSWER
Directive No. 9355.7-04 (Land Use in the CERCIA Remedy
Selection Process), is to develop remedial action objectives
based on a reasonably anticipated future use of the land for
commercial/industrial purposes.  Finally, the ROD allowed
treated soils to be backfilled so long as they passed the EP
toxic ity test.  In changing the remedy,  the EPA should have
recognized there is no reason to excavate any soils at all that
pass EP toxicity criteria.

T.ll.     Pg. 7, fll states: "A cleanup level of 5 parts per
          billion has been established for benzene,
          trichloroethylene, and tetrachloroethylene.  EPA
          estimates that this target remediation level can be
          achieved within 5 to 10 years."
Comment.  This statement, adopting EPA's old 1987 ROD estimate,
is inconsistent with current government findings.  The time
frame postulated for cleanup in the ESD, ROD, and FS of 5-10
years is not substantiated by any modeling of the groundwater
or contaminant fate and transport.  To continue to suggest that
5-10 years is the expected time frame in the absence of such
modeling or documentation is inappropriate in light of recent
GAO and NRC findings that pump-and-treat schemes installed at
Superfund sites have not accomplished the cleanup objectives  •
established nor the time frame proposed.  The time necessary to
achieve cleanup with pump-and-treat schemes has indeed been

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                                                    Morgan Lewis
                                                             !UF
Neil Handler
May 9, 1996
Page 16
found to be substantially longer than estimated in the past/ if
it could be achieved at all, adding significantly to the costs
to remediate.  This finding was particularly true for pump and
treat applied to  fractured bedrock aquifers such as the bedrock
aquifer at this site.  See "The Effectiveness of Groundwater
Pumping as a Restoration Technology" NTIS, May 1991 and
"Alternatives for Groundwater Cleanup," NRC, June 1994.
Furthermore, the  nature of the VOC contaminants at issue (PCE,
TCE, DCE, vinyl chloride) suggest that even at the time of the
RI, natural degradation was taking place.  This degradation
would continue to alter the nature and extent of groundwater
contamination; these changes need to be reviewed now prior to
continuing or finalizing a groundwater remedial plan.  Finally,
the impact of the soil source control measures on the time to
remediate groundwater has not been adequately addressed and may
have significant  bearing on the selection of an appropriate
groundwater remedy.
T.12.     Pg. 7, 53 and  4 states that at the time of the ROD
          n...the thermal desorption technology was still in
          its infancy and there was a limited amount of
          performance data available from full-scale operating
          systems.11  "Since the FS, thermal desorption has been
          widely used at Superfund sites to treat contaminated
          soils similar  to those found at the Site ... (and)
          has shown this technology to be very effective in
          removing volatile organic compounds ...'  "The
          Presumptive Remedy Guidance identifies that for sites
          containing voc-contaminated soil if the material is

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                                                     Moran. Lewis
Neil Handler
May 9, 1996
Page 17
          to be excavated, (then) thermal desorption is the
          preferred technology for treatment."
Comment.  The ESD is deficient in that it fails to acknowledge
that other technologies, less costly that either incineration
or LTTD, have also been proven effective in the last ten years.
SVE technology (introduced in the FS report as "soil venting*
[see pages 3-5 of FS report]) was screened out in the FS as an
applicable technology because it was not fully proven and was
only capable of removing volatile compounds.  However, as
discussed earlier, the proposed ESD selected LTTD as the
alternative technology over incineration implying that
semivolatiles and metals are not of primary concern.  Based on
that same rationale, the feasibility of using SVE to treat
contaminated soils needs to be evaluated and compared to LTTD
using, at a minimum, the evaluation criteria presented in the
FS, namely, technical feasibility (performance, reliability,
implementability/constructability, and safety), institutional
requirements, public health and environmental impacts, and
costs.  The Presumptive Remedy Guidance document, OSWER
Directive 9355.0-48FS cited by the ESD identifies SVE as the
remedy of choice for VOC-contaminat.ed soils and several
disposal areas on site may be suitable for this in situ
remedial application.  The Seventh Edition of the Innovative
Treatment Technologies: Annual Status Report. 1995, indicates

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                                                     Morgan. Lewis
                                                             ILL?
Neil Handler
May 9, 1996
Page 18
that SVE has been utilized at  130 sites since the publication
of the 1987 ROD and  that  SVE appears to be the source control
remedy of choice in  EPA Region I being used at 15 of 22 sites
documented in the report.  Indeed, the Administrative Record
for the ESD identifies a  petition by another party proposing
that SVE be considered as an appropriate alternative to the
selected remedy but  EPA has not yet provided a formal, public
response to this petition.

T.13.     Pg. 8, 52  states: "With the increased usage of
          thermal desorption since the FS, the cost of
          implementing this technology has decreased.  As
          identified in the OSWER Guidance on Presumptive
          Remedies,  the average cost per ton for treatment
          using thermal desorption is $250 and incineration is
          $400.  Thus the use  of thermal desorption could
          provide a  savings of millions of dollars."
Comment.  EPA's use  in the ESD of unit costs from the
presumptive remedy guidance is inappropriate and insufficient
to document the reported  savings of millions of dollars.  The
ESD should provide a line-by-line cost estimate as was done in
the FS in order to properly attribute costs and/or savings.
According to the FS,  $6.2 million of the $12.9 million in total
capital costs or 48% of the total capital cost for LTTD, were
allocated toward the off-site  disposal of wastes that could not
be handled in the LTTD process.  The cost that was allocated
toward the operation of the thermal desorption treatment unit

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                                                    MotBan. Lewis
Neil Handler
May 9, 1996
Page 19
was $1.8 million, only 14% of the total cost.  Without a
detailed cost estimate that identifies quantities of treatable
soil and quantities of untreatable waste, it is not possible to
define any cost savings from the use of LTTD.  Comparable
consideration of SVE would likely show even greater savings for
that remedy since the unit cost for SVE in the Presumptive
Remedy Guidance is $50/ton.  See also, comments T.4 and T.7.

T.14.     pg. 8, 55 states: "The soils with concentrations
          above the TCLP regulatory levels will either be
          placed in a RCRA Subtitle C landfill on-site or
          disposed off^site at an EPA approved facility."
Comment.  The proposed change from the ROD permitting off-site
disposal requires explanation from EPA.  Off-site disposal of
such soils appears to contradict the original intention of the
FS and the ROD.
T.15.     Pg. 8, fl6 states: "Since the ROD there has been some
          additional sampling at the site that may indicate
          whether the volume of material requiring treatment is
          greater than that estimated in the ROD ..* Therefore,
          until these tires are removed a more definitive
          estimate of the volume of soil requiring treatment
          cannot be made."
Comment.  See comments T.8 and T.ll.  It is premature for EPA
to select LTTD as a treatment alternative when in fact a
reasonable estimate of the quantity of soils requiring
treatment has not yet been determined.  The ENSafe Review of

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                                                           Lewis
                                                              LLf
Neil Handler
May 9, 1996
Page 20
Record of Decision incorporated as part of the proposed
Administrative Record for the ESD suggests that 38,000 to
50,000 cubic yards or more may need to be excavated.  If
increased volumes of soils must be treated, other alternatives
                                                       • •   „"".,-
(such as SVE or SVE in combination with LTTD) may well prove to
be' much more cost effective than LTTD alone.

T.16.     Pg. 9, 52 states: "Thermal desorption is identified
          as the preferred technology for treatment in the EPA
          Presumptive Remedy Guidance for sites containing VOC-
          contaminated soil requiring excavation."
Comment.  At the outset, EPA's statement is improper because it
assumes that all contaminated soils must be excavated.  There
is no evidence in the FS and the ROD to support that
assumption.  Furthermore, in the Presumptive Remedies Guidance,
EPA has determined that SVE is the primary presumptive remedy
for VOC-contaminated soil present at CERCLA sites.  Thermal
desorption and incineration are second and third respectively
on this prioritized list of presumptive remedies.  Site data
suggests that SVE is a feasible remedy for much of the Davis
site.

Because the ESD's primary focus for soil remediation is to
                                                 /            ,
remove the VOCs, SVE technology should be considered and
evaluated for use at this site.  At an average cost of $50/ton

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                                                           Lewis
                                                              LIP
Neil Handler
May 9, 1996
Page 21
for SVE, as compared to $250/ton for LTTD (as presented in the
Presumptive Remedy Guidance),  the overall cost savings and
reduced remediation time could be significant if SVE is
implemented.

SVE is an in-situ technology,  "performed with minimum
disturbance to the soil and surrounding environment.  In-situ
technologies are generally favored over technologies that
require soil excavation (referred to as ex-situ technologies)
because of the potential time and cost savings.  The use of in-
situ technologies at the site was discussed in the FS (Pg. 3-
5),  which states "in-situ treatment applications are
potentially preferable over on-site or off-site treatment
because excavation and corresponding site restoration
activities are not required and minimal disruption of hazardous
constituents occurs.11  Furthermore/ the short term  -
environmental impacts of the remedy (such as significant air
emissions) are greater for excavation and treatment, than for
in-situ treatment.
T.17.     pg. 9, 53 states: "Incineration heats VOCs to the
          point where they are destroyed or decomposed while
          thermal desorption uses a lower temperature
          to...drive off and remove contaminants (physically)
          from the media being treated.

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                                                    Morgan. Lewis
Neil Handler
May 9, 1996
Page 22
Comment.  There are several technical differences between
incineration and LTTD that are not adequately addressed in the
BSD.  Specifically:  incineration oxidizes VOCs, SVOCs, and
vaporizes some metals while LTTD without an afterburner merely
vaporizes VOCs, but generally does not treat or reduce SVOC and
metals contamination.  SVE also vaporizes VOCs.  The BSD should
explain the differences between incineration, LTTD and SVE and
explain why these differences do or do not significantly change
and/or fundamentally alter the overall remedy with respect to
cost and performance.

T.18. '    Pg. 9, 53 states: "The contaminants removed must be
          collected and treated separately.  In many instances
          this treatment occurs at a separate off-site
          location."
Comment.  EPA needs to clarify what is meant by this statement
in the ESD.  At a minimum, the ESD must identify the
contaminants, how they'are going to be collected, and the
location of any off-site treatment.
T.19.     Pg. 9, 5* states: "Thermal desorption will be unable
          to treat any drums or large containerized wastes
          encountered during excavation.  Therefore, these
          materials will either have to be shredded and treated
          on-site or taken to an off-site location for
          disposal.
Comment.  See comment T.14.  In addition, the ESD does not
specify the location of this newly proposed off-site location

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                                                           Lewis
Neil Handler
May 9, 1996
Page 23
or provide cost estimates to support the conclusion that the
cost of this newly proposed off-site disposal option will not
significantly affect the project's capital costs.

T.20.     Pg. 9, 54 states: "Even with the additional costs of
          having to dispose of this material, the cost savings
          for employing thermal desorption over incineration
          are nonetheless expected to be substantial."
Comment.  This BSD statement is unsubstantiated.  it is
premature to forecast a "substantial" cost savings when, in
fact, there is considerable uncertainty regarding (1) the
volume of materials at the site that are contaminated, (2) the
amount of waste requiring off-site disposal, (3) the location
of any off-site disposal facility, (4) the specifications or
location of any on-site landfill, and (5) the restrictions on
the types of waste that can be disposed in such a landfill.

T.21.     Pg. 10, 51 states EPA has determined the revised
          remedy is "cost effective1*  and "uses permanent
          solutions and alternative treatment technologies to
          the maximum extent practicable for this site."
Comment.  The ESD has not documented that LTTD is cost
effective given the uncertainties highlighted in previous
comments regarding waste quantities, disposal options, and the
extent of remaining contamination in soils and groundwater.
Moreover, alternative technology does not appear to be used to
the maximum extent practicable.  According to the Presumptive

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                                                     Morgan. Lewis
                                                              > or
Neil  Handler
'May 9,  1996
Page  24
Remedy Guidance,  SVE,  not LTTD,  is  the primary  presumptive
remedy for VOC-contaminated soils,  such  as those present at the
site.   The SVE technology is proven and  can  be  combined with
other  appropriate technologies such as capping,  selective
source removal,  and/or in-situ stabilization to achieve cleanup
levels established in the ROD.
Very truly yours,

Denis  V.  Brenan
    7  '  • f.'"S""^
    i    •

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 2000 Ora Login Sauira

 PtMtipnto. PA 19103-6993

 215-963-5000

 rax: 215-963-5299
Morgan, Lewis
    sBockius LLP
COUNSELORS  \T  LAW
                                     RISUPERFUND SECTION
Denis V. Brenan
215-363-5407
May 31,  1996
Neil Handler
Remedial Project  Manager
U.S. EPA - Office of  Site Remediation and Restoration
J?K .Federal Building  (HSO)
Boston, MA 02203

Re:  Supplemental Comments Upon EPA's Proposed Explanation
     of Significant Differences for the Davis Liquid Superfund
     Site in Smithfield,  Rhode Island	

2ear Mr. Handler-.

As set forth in our original  comments,  on April 9, 1996, EPA
published a notice in the Providence Journal Bulletin that it
intended to issue an  Explanation of Significant Differences
("SSD") recommending  what it  describes as a significant change
for the remedy previously selected in the 1987 Record of
Decision ("ROD")  for  the  Davis Liquid Superfund Site in
Sitdthfield, Rhode Island  ("Davis Site") .   The ROD was based
upon data and analyses in the Remedial Investigation (RI)  and
Feasibility Study (FS)  and their appendices.   On May 9, 1996,
we, on behalf of  our  client,  a litigant,  provided procedural,
general, and technical comments on the proposed BSD.  Pursuant
to communications with Kathleen Woodward,  Esq. of USEPA Region
I, we received permission to  submit these supplemental comments
to be post-marked by  May  30,  1996.
Supplemental Comment T.3.

As we noted on May 9, 1996, EPA's  comment  period provides
inadequate time to review, consider,  and evaluate all of the
documentation and data identified  in  the original ROD
Administrative Record and the  Proposed Administrative Record
for the BSD.  In order to comment  upon the proposed changes, a
party must understand the proposed remedy  change in light of
the original remedial decision.  At the  time of our initial
comments, we intimated that the  real  rationale behind the ESD
appeared to be an undisclosed  settlement between the United
States of America and one of the litigants in the case of the
United States v. William Davis,  et al. in  particular, United
P-n*J«pha  WasMngnxi  NewYort  Los Angeles  Miami  Hwrnburg  Prnestnn  London   Bruss«*i  Frankfurt  Tokyo

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                                                    Moran, Lewis
                                                      S
Neil Handler
May 31,  1996
Page 2
Technologies Corporation  ("DTC").  Recent developments have
made i~ clear that there  exists a settlement in principle
between UTC and the United States and that this settlement is
integrally related to and inseparable from the proposed remedy
change.  Accordingly, EPA should immediately reveal the terms
and conditions of that settlement including buc not limited to
all che terms and conditions which affect the remedy to be
implemented at the Davis  Site and should then provide an
adequate time to review,  consider, and evaluate the settlement
terms in light of the remedy proposed in the ESD.

Supplemental Technical Comments

Supplemental Comment T.6.

As ncced in. our May 9, 1996 comments, the use of an af^er
burner in the proposed LTTD process is included in the FS but
is net mentioned in the ESD.  Subsequent review of the
Trea-ability Study Report by ENSAFE," 1995, demonstrates that
there is no mention of the use of an afterburner in that
document either.  Recognizing that the afterburner may not in
fact be necessary, it is  important to note the apparent
deletion of the afterburner from the LTTD process makes the
LTTD process more similar to soil vapor extraction ("SVE") than
to incineration and underscores the importance of reconsidering
SYS as the ^resumptive and cost-effective remedy for soil
remediation at the Davis Site.  In addition,  the last sentence
of our May 9 comments stated that "release or omissions of VOCs
in the atmosphere -caused by excavation activities were not
cons idered in the ESD or the FS."  Subsequent review of the
Treatability Study Report indicates that VOC loss was
experienced during ENSAFE's Treatability Study at significant
levels.  Specifically, VOC concentrations fell by over 50%
after soil homogenization.  Presumably this loss is the result
of fugitive emissions.  A continuing VOC release to the
atmosphere of comparable scale is to be expected if soil is
excavated and handled in an ex situ process as is now
contemplated by the ESD.  Control mechanisms' to handle such
fugitive emissions can be more readily and cost effectively
applied if SVE were the chosen technology'as opposed to LTTD.

Supplemental Comment T.8.

As we pointed out in comment G.2. on May 9, 199S, the ESD, as
proposed,  is too narrow in focus and fails to consider
appropriate remedial technologies, especially in light of the
technological advances in the past ten years.  The evaluation
and discussion of alternative technologies presented in the ROD

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                                                           Lewis
Neil Handler
May 31,  199€
Page 3
 is severely outdated and needs to be revisited and modified to
 include assessment of technologies currently available,
 including but not limited to biodegradation, surface sealing,
 grour.dwater barriers, horizontal air spargirig, and the like.
 It seems incontestable that current technologies would help
 reduce costs and accelerate the remedial project.  These
 comments are especially applicable to the grcundwater remedy at
 the site.  There are several alternatives to using a
 conventional pump-and-treat system that may be more cost
 effective.  These include innovative technologies that treat
 contaminated groundwater in place, such as air sparging or
 technologies that enhance pump-and-treat system performance,
 such as chemical and/or thermal enhancements.  Technologies
 that treat contaminated soil and groundwater simultaneously,
 such as dual phase extraction, were not even evaluated in the
 ROD cr the ESD.  3y failing to consider the use of these
 current innovative technologies, EPA is improperly precluding
 their use at the site simply because they were not available at
 the time the FS was drafted more than ten (10) years ago.  All
 current technologies, including technology enhancements, need
 to be evaluated and' compared to conventional pump-and-treat
 systems at this time.
Since the May 9, 1996 comments, analyses of the soil,
groundwater, and residential well data presented in the Final
Pre-Design Engineering Report prepared for the tJ.S, Department
of the Army Corps, of Engineers by Woodward Clyde in 1993 has
been subject to further review.  The results of this report
indicate a 10 fold to 100 fold reduction in total volatile
organic concentrations in the overburden aquifer that occurred
between 1985 and 1991.  These results confirm that through
natural attenuation the levels of toxic constituents in the
overburden have been considerably decreased.  Moreover, there
has undoubtedly been further significant decrease since the
last sampling events five years ago in 1991.  Moreover, these
natural processes will continue to alter the nature and extent
of groundwater contamination.  Accordingly, the effects of
natural attenuation should be reconsidered and the role of
volatilization and biodegradation should be reviewed prior to
embarking on groundwater remediation.

These comments are intended solely and exclusively to
supplement the comments previously made on May 9, 199S.  They
are"not intended and should not be read to withdraw, diminish,
or revoke any comments made on May 9, 1996.

-------
Denis V.  Brenan

DVB/mec
End.
cc:  Kathleen Woodward, Esq.
                                                             .Lewis
                                                                iur
Neil Handler
May 31,  1996
Page 4
Very truly yours,

    '
   /	  V

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                                          AUSTIN"
                             1722 EYE STSEEX, N.W.
                                     X, D.C. 2OO06
  ™,,- ~,
  CH1C.AOO
    -                     TELEPHONE 202: 73Q-8OOQ
LOS AXOEies                      TELEX 89-463

     YORK                   FACSIMILE 2O2: 733-8711                      TOKYO
                                        isae

             ncBCB
    (202) 736-8547
                                                               - 9 596
                                  May 8, 1996
                                                     m sOPgRFUNDSCTON
 via Facsimile
 and Federal Cypress
 Mr. Neil Handler
 Environmental Engineer
 Waste Management Division
 U.S. Environmental Protection Agency
 JFK Federal Building
 One Congress Street
 Boston, MA  02203

            Re;    Explanation of Sigrrifirflnt Differences - Pavis TJquid Wasta
                   Soperfiinrf Site

 Dear Mr. Handler:

            I submit this comment letter on the Explanation of Significant Differences
 ("ESD") for the Davis Liquid Waste Site ("Site") on behalf of Browning-Ferris
 Industries of Rhode Island, Inc. ("BFI-RI").

            BFI-RI agrees that the soil component of the remedial action for the Site
 should be changed from cm-site incineration.  The ESD specifies, however, that the soil
 contamination consists primarily of volatile organic compounds (" VOCs"). ESD at 4.
 Yet, consistent with EPA guidance, soil vapor extraction ("SVE") would be the
 preferred, cost-effective, and efficient remedy for removing VOCs from soils at this
 Site, consistent with the national contingency plan. Sec Presumptive Remedies: Site
 Characterization and Technology Selection For CERCLA Sites With Volatile Organic

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SIDLEY  &  AUSTIN                                         WASHINGTON, D.C


   Mr. Neil Handler
   May 8, 1996
   Page 2


   Compounds in Soils (Sept. 1993). SVB is in place at numerous sites around the
   country, including several in Region 1.

              In short, EPA should revise the soil component of the remedial action for
   the Davis Liquid Waste Site.  However, it should be changed to SVE, not low
   temperature thermal desorption.

              Thank you for your consideration of these comments.


                                           Sincerely,
                                           Samuel B. Boxerman
  /gra

  cc:         Michael Miller
              Donna Kolar
  0006508.01 M*y 8, 1996 (4:23pm)

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