EPA Region 3 RCRA Corrective Action Final Decision for Saucon Parcel (Formerly Bethlehem Steel) in Bethlehem PA

UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION III

FINAL DECISION AND RESPONSE TO COMMENTS

SAUCON TRACT
LEHIGH VALLEY INDUSTRIAL PARK
(A PORTION OF THE FORMER BETHLEHEM STEEL CORPORATION)

BETHLEHEM, PA

PAD 99 082 4161

PURPOSE

The United States Environmental Protection Agency (EPA) is issuing this Final Decision and
Response to Comments (FDRTC or Final Decision) selecting the Final Remedy for the Saucon
Tract, an area consisting of twenty-eight (28) lots totaling 225 acres of the Former Bethlehem
Steel Corporation - Bethlehem Structural Products located in Bethlehem, PA (hereinafter
referred to as the Tract), The Final Decision is issued pursuant to the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act (RCRA) of 1976. and the
Hazardous and Solid Waste Amendments (HSWA) of 1984. 42 U.S.C. Sections 6901, et seq.
EPA issued a Statement of Basis (SB) in which it described the information gathered during
environmental investigations at the Tract and proposed a Final Remedy for the Tract. The SB is
hereby incorporated into this Final Decision by reference and made a part hereof as
Attachment A.

This FDRTC selects the remedy that EPA evaluated under the SB. Consistent with the public
participation provisions under RCRA, EPA solicited public comment on its proposed Final
Remedy. On August 24, 2017, notice of the SB was published on the EPA website:
[https://www.epa.gov/pa/epa-public-notices-pennsylvania] and in The Express-Times newspaper.
The thirty (30) day comment period ended on September 25, 2017.

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Since PPA did not receive any comments tm the SB. the remedy proposed in the SB is the Final
Reined}" selected by I.PA lor the Tract.

FINAL RKMMDY

f PA's final Remedy for the Tract includes the following six (6) primal1} parts:

Plan:

*	I'PA review and approve final Reports for Lots 1 1 and 14:

*	LP A he prov ided a cop}1 oiThc PADLP-signed Ln\ironmental Covenants recorded for
Lots 1 1 and 14. after recordation:

*	i-.PA be provided a coordinate survey. as well as a metes and bounds survey of the cap.
engineering controls (current and future), fract boundaries, developed lot boundaries and
lot boundaries when developed, as specified in the SB:

*	Construction on Lot 17 must keep the soil cap in place, or replace it with a one-loot soil
cap. or other HPA-approved cap: and

*	Compliance with existing PAI)1 P-signed I!n\ ironmental Covenants, which will ensure:

• The lots shall not be used for residential purposes unless there is a prior
demonstration to PADLP and I.PA that .such use will not pose a threat to human
health or the env ironment:

•	Groundwater shall not be used for am potable purpose and no wells shall be
installed, unless authorized b} PADLP or 1PA anil used lor monitoring or
remediating:

•	If any asphalt, concrete, soil or other groundcover is excavated or removed,
remaining soil or other materials in that area shall either 1) be demonstrated to
meet Pennsylvania Medium-Speeilie Concentrations, or 2'i be covered with
material t hat eliminate pathways of exposure to the underlying soil; and

•	1 he lots will not be used in a way that will adversely affect or interfere vvith the
integrity1 and proteetiv eness of the final remedy.

LPA's final Remedy will be implemented through compliance with existing and future use-and-
activ ity restrictions for the lots on the Tract, f.xeept for fots 11 and 14. these restrictions are
already in place and include PADfP-signed Uniform Ln\ironmental Covenants, recorded with
the Northampton County Recorder of Deeds. An existing City of Bethlehem ordinance restricts
groundwater use.

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DECLARATION

Based on the Administrative Record compiled for the corrective action at the Saucon Irael of llie
Former Bethlehem Steel Facility. 1 have determined that the rented) selected in (his Final
Decision and Respor.se to Comments, which incorporates the August 24. 201 7 Statement of
Basis, is protectiv e of human health and the environment.

Dale: l\ 2^2, C ^	 	h ' ¦ „ 1 ^	^	

Martha Shimkin. Acting Director

Land and Chemicals Division

L.S. 1 .nv ironmenta! Protection Aeenev. Region 111

Attachment A: Statement of Basis (August 24, 2017)

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ATTACHMENT A

STATEMENT OF BASIN

Siiucon Tract
(A Portion of Former Bethlehem Steel Corporation)
Bethlehem, PA

PAD 99 082 4161

August 24, 2017

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Table of Contents

Section 1: Introduction 1

Section 2: l-acility Background ..... 1

Section 3: Summary olTjivironmental Investigations 2

Section 4: Interim Measures 4

Section 5; Corrective Action Objectives.. 4

Section 6: Proposed Remedy 4

Seel ion 7; Evaluation of Proposed Reined}1 o

Section X: Financial Assurance.. 7

Section 9: Public Participation ............... 7

Section 10: Index to Administrative Record 9

List of Acronyms

AR Administrative Record

151II IRA Baseline Human Health Risk Assessment

CP Cleanup Plan

FPA Fnv ironmental Protection Agenev

FDRTC Final Decision Response to Comments

F'R Final Report

1ISWA I ia/ardous and Solid Waste Amendments

1M Interim Measures

RCRA Resource Conservation and Recover) Act

RFI Remedial Field Investigation

KIR Remedial Investigation Report

RSF Regional Screening I.evel

SB Statement of Basis

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Section 1: Introduction

The I iiitcd Slates Hmironmental Protection Agency < I - P.\ > has prepared this Statement
of Basis (SB) to solicit public comment on its proposed remedy for the 225-acre tract of had
located within the 1800-acre former Bethlehem Steel facility (BCS facility) in Bethlehem. PA
knoun as the Saucon I tact (I'ract). Bethlehem Steel owned and operated an integrated steel mill
on this site for nearly 100 years. The Bethlehem Steel Corporation (BSC) closed operations here
in 1995 and entered bankruptcy proceedings in 2001. The Saucon Tract is currently owned by
Tehigh Vallev Industrial Park, Inc. {I.V1P) and several other entities, with the intent to redevelop
the Tract for commercial and industrial use.

KPA's proposed remedy consists of compliance with and maintenance of institutional
controls (ICs) along with operation and maintenance of engineering controls (KCs) that are
already in-plaee and appro\ed b\ PennsvIvania Department of Hnvironmental Protection
(PADliP). A key component of the proposed rented) is the Soil Management Plan, which
governs excavation and grading aetiv it)' during the redevelopment of'ain parcel within Saucon.
fhe Soil Management Plan was previous!) approved by P.PA and PA1 )I.P and has been
successful I) used during the redevelopment of other ureas within the BSC Facility. This Si!
highlights kev information relied upon b\ HPA in developing this proposed remedy.

The former Bethlehem Steel Corporation - Bethlehem Structural Products property is
subject to FPA's Corrective Action Program under the Solid Waste Disposal Act. as amended
by the Resource Conservation and Recover) Act (RCRA) of 1976. and the Hazardous and Solid
Waste Amendments 111 SWA) of 1984. 42 I '.S.C. 6901 et seq. (Corrective Action Program),
'fhe Corrective Action Program is designed to ensure that certain facilities subject to RCRA
have investigated and cleaned up am releases of hazardous waste anil hazardous constituents
that have occurred at their proper!). The Commonwealth of Pennsylvania (Commonwealth) is
not authorized for the Corrective Action Program under Section 3006 of RCRA. 'I he re lore.
1 PA retains primal) authority in the Commonwealth for the Corrective Action Program.
1 he Administrative Record (AR) for the I raet contains all documents, including data and quality
assurance information, on which FPA's proposed rented) is based. An index to the AR is
included at the end of this SB. See Section 9. Public Participation, lor information on how you
mav review the AR.

Section 2: Facility Background

A. Site Description and History

Prom approximately 18l>9 to 1995. BSC ami its corporate predecessors manufactured
steel at the BSC Facility. In 1995. BSC discontinued steel manufacturing operations at the BSC
Faeilit) and in 2001. tiled for bankruptcy under Chapter 7 of the United States Bankruplcv
Code.

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In May 201)3, with approval of the I'.S. Bankruptcv Court tor the Southern District of
New York. International Steel Group Acquisition, Inc. {ISCi) acquired substantial!} all of BSC's
assets. Title lo the BSC l acilits was taken In 1 eeumseh Redevelopment. LLC (1 eeumseh). a
subsidiary of ISC», In Mav 2004. I eeumseh sold approximate!} I (SOU acres of the BSC" Faeilitv
lu I,VIP. I,VIP named that 1000-acre area I,VIP VII. The Saucon 'I ract is a 225-aero parcel
within I.VIP VII. I.VIP intends to redc\elop the Saucon Tract, and toward that end has sold a
number oflots to new owners.

T.PA selected a final remeth for groundwater under the BSC Faeilitv in a Final Decision
issued on January X. 2(110. I.VIP is performing the final remedy for groundwater and the post-
remedial care requirements for the groundwater across the BSC Facility.

Section 3: Summary of Environmental investigations

. I. U(R A I'lni/itv In vest illations

Multiple soil investigations were conducted to ascertain the extent and magnitude of soil
contamination within the 'Tract and to evaluate potential routes of exposure associated with the
expected future use. These investigations are discussed extensively in the Remedial
Investigation Report Saucon Parcel, dated May 2005 (RIR) and T'inal Report for Soils on the
Undeveloped Portions of the Saucon Tract Owned by 1.VIP. dated January 2012.

The non-residential state-wide health (SW1I) standards established by Pennsv Ivania's
I and Recycling Act 2 (Act 2) were used to evaluate the soil sample results. The SWII standards
piov ide an equivalent protection to I PA\ Regional Screening I.evelsiRSI ss.

J he RIR showed of the 416 soil samples collected and submitted for laboratory analysis,
onlv 27 exceeded the non-residential SWI I standards. One volatile organic compound
(chloromethane) was reported in one sample, and one semi-volatile organic compound
(ben/olalpyrene) was reported in two samples ai concentrations abme applicable .standards. The
remaining cweeedanees were limited to eight heavy metals (antimony, arsenic, cadmium,
chromium, iron. lead, mercury, and selenium). The cxeecdanccs were sporadic in their
occurrence and not spatiallv related, i.e.. they occurred at varying depths at locations that were
not in close pro.ximitv to one another. Consequent!}, the exceedances cannot be attributed to a
single source but would be expected to occur infrequentlv at varving depths on a random basis.
Complete soil results are available in the AR.

B. Site Redevelopment

Currentlv the Saucon Tract is being redeveloped and has been divided into 28 smaller lots
as shown in Figure 1. [-valuation and cleanup of these lots is discussed below.

A number of hits in the '1 ract have been redeveloped with cleanup plans established and
remediation completed based on their specitic etiv ironmental conditions. Some or all of the

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heavv metal constituents identified in the RIR. and discussed on Section 3A above. were found
on each of the lots. These lots (See Figure I * Lots 1, 3, 6. 7, K). 15, 16. 18. 2'i, 2l)A. and
Pumphouse) huve individual final Reports which identify am remaining contamination as well
as the build-out strategies and the need for surface cover lo eliminate exposure pathways to these
remaining contaminants. Typically, these build-out strategies use surface cover such as building
footprints, parking lots, roads, sidewalks, and landscaping to eliminate exposure pathways to
soils. The final Reports can be found in the AR. Lnvironmental Covenants have been recorded
for each of these redeveloped properties which has residual contamination. These Covenants
identify any engineering and institutional controls necessary to prevent human or em ironmenlal
exposure. All lots except Lot 18 have residual contamination requiring engineering and'or
institutional controls.

Lot 11 and Lot 14 currently have cleanup plans for eventual redevelopment, but no build-

oul plans. Final Reports will be submitted to LPA for approval in the future as these plans are
created and implemented to eliminate exposure to remaining soil contaminants. Lin tronmental
Covenants identifying any engineering and institutional controls necessary to prevent exposure
will be submitted to LPA upon recordation.

1-orthe remaining lots of the Saueon 'I ract (See Hgure 1 - I .ois 2. 8. 12. 13. 17.21.22.
23. 2-), 26.27. 2K. P07-13-1. P07-I 3-1 A) the Baseline Human Health Risk Assessment, dated

May 2005 (Bill IRA) which was approved by LPA and PADLP. demonstrates that under existing
exposure conditions, the surface soils current!) pose no risk to human health and the
environment and can remain in their current state until redevelopment is completed.

Centric Cleanup Plan

To address the future of the lots assessed under the Bill IRA, the final Report lor Soils
on the I 'ndcveloped Portions of the Saueon Tract Owned by l.VIP (January 2012). approved by
PADLP and L PA. stated that the implementation of a Generic Cleanup Plan will eliminate am
routes of exposure to residual contamination l hat will be identified during any new development.
The Generic Cleanup Plan provides guidance to future developers that purchase and develop
individual lots within the fract so that future development is consistent with previous!) approved
cleanup plans and will comply with Act 2. Additionally, this Generic Cleanup Plan describes the
engineering and institutional controls required to eliminate any routes of exposure to residual
contamination during future redevelopment activities.

In addition, an Lnvironmental Covenant signed by PADLP. and l.VIP. pursuant to the
Pennsylvania Uniform Lnvironmental Covenants Act. Act No. OS of 2007. 27 PA. C.S. 6501 -
6517 (I !LCA). covering all of the lots addressed under the Bill IRA was recorded in
January 2012 (2012 Covenant). This Covenant identifies activity and use limitations for the lots
and requires the implementation of the Generic Cleanup Plan for any redevelopment activities.

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Section 4: Interim Measures

Lot 17 has a soil cap (1000 sq, led) to prevent contact with lead found in the soil at two
sampling points ( 13,000mg'kg and l)2,<)()(> nig.kg) above the acceptable limit (5(H) mgkg) for
contact and includes site use restrictions. .Any construction must keep the cap in place or replace
it with one-foot soil cap.

Section 5: Corrective Action Objectives

tiP/Vs Corrective Action (Hijectives for the specific em iron mental media at the Facility are
tile lollou ing:

1. Soils

FPA's Corrective Action < )bjeetive lor soil is to pre\eni human exposure to antimony,
arsenic, cadmium, chromium, iron. mercury. selenium, and lead contaminants exceeding PA
non-residential Statewide Health Standards.

2. Groundvvaler

A Final Decision for Groundwater for the entire Facility was issued on Januarv X. 2010
by 1 i\\.

Section 6: Proposed Remedy

A. Proposed Remedy

I I'A lias determined that the existing ground cover, structures and parking areas located
on the Tract lots are protective of human health and the environment provided that compliance
with their individual Covenants and the 2012 Covenant is maintained.

For Tract soils. I d1 A agrees that the activ its and use limitations which are contained in the
individual Covenants and 2012 Covenant for the lots comprising the Saueon 1 ract will maintain
protect heness of the engineering and institutional controls in place at those lots. These covenants
restrict land use on the Saueon Tract to non-residential purposes and prohibit potable use of
groundwater from beneath the Tract. I he Fot numbers and date of covenants recordations are
included in Table I.

The January 2012 Covenant also requires compliance with the Generic Cleanup Plan for
the Saueon tract for the undeveloped lots. 'I his Generic Cleanup Plan, which was developed by
FVIP and approved by PAD! P and I:PA governs procedures and monitoring required during
digging, excavating, grading, pile driv ing or other earth nun ing activ ities conducted within the

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property- all activities essential to redevelopment. The Plan governs the excavation or removal
of asphalt, concrete, soil or other ground cover ami foundations and the digging of foundations
for buildings and trenches for utilities. Generally, the plan states that all such activities shall
be conducted in compliance with all applicable federal, state and local rules, regulations and
ordinances including, without limitation, those pertaining to the environment and those
pertaining to human health and occupational safely."

I he Generic Cleanup Flan has been used successful h during redevelopment of other
parcels within the larger I VIP VII. A copy of the Plan is can he found in the AR

l or the lots in the 1 raci that have not been de\ eloped yet, HPA's proposed remedv is
compliance with the Generic Cleanup Plan and the implementation and maintenance of
institutional controls. As part of the remedv. KPA proposes that a) i-PA receive copies of final
Reports for lots complying with the Generic Cleanup Plan: b) KPA review and approve Act 2
final Reports tor Lots 11 and 14 and e) I PA receive a cop}1 of the Environmental Covenants
recorded for these lots after recordation.

B. Implementation

The proposed components of the Pinal Remedy for the Facility, will be implemented
through the 1-nvironmental Covenants for the Saueon I ract.

I inder the proposed remedy. 1 VIP or other owners will he required to provide a
coordinate survey. as well as a metes and bounds sur\ ey. of the cap. engineering controls
(current and tuture). facility boundaries, developed parcels boundaries and parcel boundaries
when developed as follows:

I he boundary of each use restriction shall be defined as a polygon: and

The longitude and latitude of each polygon vertex shall be established as follows:

a. Decimal degrees format:

b. At least seven (71 decimal places;

e. Negative sign for west longilude: and

d. World Geodetic System (W'CiS) 19S4 datum.

Mapping the extent of the land use restrictions will allow for presentation in a publicalh
accessible mapping program such as Google Harth or Google Maps,

II I VIP or any subsequent owner fails to meet its obligations under the enforceable
mechanism selected or it P.PA. in its sole discretion deems that additional corrective measures
and'or land use restrictions are necessary to protect human health or the environment, HPA has
the authority, after public comment, to require and enforce such additional corrective measures
and use restrictions, provided any necessary public participation requirements are met.

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Section 7: Evaluation of Proposed Remedy

This section provides a description of the criteria I-PA used to evaluate the Proposed
Remedy consistent with HP A guidance. I he criteria are applied in two phases. In the first
phase, KPA evaluates three decision threshold criteria as general goals. In the second phase, for
those remedies which meet the threshold criteria. KPA then evaluates se\en balancing criteria.

Threshold Criteria

• Protect Human Health and the ilm ironment -1 he proposed remcd} will pre\eiu or

and control exposure to contamination in the soil through the implementation and
maintenance of land use restrictions and the implementation of the Generic Cleanup Plan,
HP A is proposing to restrict land use to commercial or industrial purposes at the Facility,

Achieve Media Clean up Objectives - I he proposed remedv will achieve a non-
residential standard (both PADI P and HP A) for the constituents of concern,

• Remediating the Source of Releases - I here is no continuing .source of releases.
Balancing Criteria

• I .on "-term effect i% en ess - I he proposed remedv will maintain protection of human

health and the em ironment over time by controlling the direct exposure to hazardous
constituents remaining in the soils though requiring compliance with the land use
restrictions and compliance with the Generic Cleanup Plan for the Proper!).

• Short-term effect iv encss - i he human health cxposiue pathway has been effective!}

removed with the installation of engineering controls. Hot 17 has a soil cap (1000 sq.
feet) to prevent con lac! with lead found in the soil above acceptable limits for contact and
includes site use restrictions, An% construction must keep the cap in place or replace it
with one-foot soil cap.

• Reduction of toxicity, niohilih, oriolmne of the Hn/nrdous Constituents - 1 he

reduction of mobility and \olume of hazardous constituents has already been achieved
through the installation of engineering controls. 1 he proposed remed v ensures the long-
term reliability of the engineering controls to reduce the mohilitv of the hazardous
constituents,

• Imnicincntahilitv - I he proposed remedv is readih implementable. I he remediation

cap is in place. With respect to the implementation of the proposed use restrictions, the
Hnv ironmenta! Covenants and/or cleanup plans arc already in place.

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• ( - I.VIP bus alrcath expended the capital costs involved in performing the
investigations completed to date. LVIP will either perform tasks required of the Cieneric
Cleanup Plan or will have an) buyer perform those tasks as part of redev elopment of a
particular lot,

• ( conducted under
the KPA and l'A! )l P Cine Cleanup Program. PAD! I' has already implemented this
proposed remedy under its Act 2 program.

Section 8: Financial Assurance

HP A has evaluated whether financial assurance for corrective action is necessary to
implement KPA's proposed reined) at the Tract, l-.PA's proposed reined) does not require am
further engineering actions to remediate soil contamination at this time and given that the costs
of implementing institutional controls at the Tract will be minimal, IPA is proposing that no
financial assurance be required.

Section 9: Public Participation

Before T PA makes a final decision on its proposed re metis for the Tract, the public mav
participate in the retned) selection process by reviewing this SB and documents contained in the
AR for the I raet. The AR contains all information considered b\ 1-PA in reaching this proposed
reined). It is available for public review during normal business hours at;

I LS. IT'A Region III
165(1 Arch Street
Philadelphia. PA 19103
Contact: Leonard 1 lotham
Phone:(215)SI 4-5778
Tax:(215)814-3113
bmail: hotham.leonard epo.gov

Interested parties are encouraged to review the AR and comment on HPA's proposed
reined)', The public comment period will last thirty (30) calendar days from the date that notice
is published in a local newspaper. You ma\ submit comments b> mail, fax. ore-mail to
Mr. Leonard I lotham, LP A will hold a public meeting to discuss this proposed remedv upon
request. Requests for a public meeting should he made to Mr. Leonard 1 lotham.

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Fi'A will respond to all relevant comments received during the comment period. ll'LPA
determines that new information warrants a modification to the proposed remedy, I.]'A will
modif\ the proposed reined}' or select other alternatives based on such new information and or
public comments, LP A will announce its final remedy and explain the rationale for any changes
in a document entitled the Final Decision and Response to Comments I FDR 1C). All persons
who comment on this proposed remedy will receive a copv of the FDRTC, Others mav obtain a
copv bv contacting Mr. Leonard 1 lotham at the address listed above.

((!¦ Mjkrt „

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Catherine A. 1 ihert/. Acting Director
I and and Chemicals Division

CS l l'A. Region III

Attachments:

Figure 1: Location of I acilitv

fable I: Hn\ironntenml Covenants at Saueun Fob

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Section 10: Index to Administrative Record

Remedial Investigation Report Saueon Parcel. IMS l-ngineers. May 2005

Final Report tor Soils for the Brandenburg Industrial Sen fees Property, HDR/LMS, July 2006

Pinal Report for Soils for I.ot 2M. HDR. Engineering. June 2007

Final Report for Soils for Lots 6 and ?, 11f>R Engineering, July 2(M,W

Final Report l.ot 10, HDR Engineering, July 2014

Final Report for Soils on the I ;ndeveloped Portions of the Saueon I raet Owned by I, VIP. 11! >R
Engineering. January 20] 2.Final Report l.ot 10. IIDR Engineering. July 2014

Final Report Lot 15 and Lot 16. HDR I ngineering. September 2014

Remedial Imestigation Final Report Former Saueon Pumphouse Property. HDR Engineering,
September 2014

Final Report 1 :S Cold Storage. IIDR Engineering. June 2015
Final Report l.ot 3. IIDR ( ngineering. October 2015
Generic Cleanup Plan
Soil Management Plan

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Figure 1

Site Map

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Table 1

Environmental Covenants at Saucon Lots

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Table 1

I-.nvironniL'iital ( o\ cnants at Saucon Lots

Parcel No,

Km ironmentai

Co\ ered under (ieneric

Interim Measures

Covenant Recorded

1 Cleanup Plan

02 05 2016

01 23 201 2 :

Yes

(14 .'01/2016 1

05 26 20W

05 26 2009

01 23 2012;

1 Yes [

01 23 2012 :

Yes

1113 2014

01/23'2012*

; Yes

01 '23 2012 *

| 1 ts

01 1-1 2015

1 (i

01 '14-2015

01-23 2012"

Yes

N/A

01'23 2012 *

Yes

01 23 2(11 2!

Yes

"i ¦>
_ ^

01 23 2d 12 ;

Yes

01 23 2012

Yes

01/23''2012}"

. \ es

01 '23;l20l2's

! Yes

01 -'23 '20! 2'-'

Yes

."•i

05 2(> 2ouiJ

2().\

05 2(> 2nd1)

Pumpliousc

" ¦ i : j: ¦ -

01 23 20121

Yes

P07-13-1A

01 -23/2012*

Yes

1 j

* - Co\ered under Covenant for I Undeveloped Portions ofSaueon recorded (II 23/2012
N A parcel met unrestricted use standards. No covenant is required.

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