UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 7
11201 Renner Boulevard
Lenexa, Kansas 66219
APR 2 1 2016
REGIONAL DECISION TEAM (RDT) FORM
Date: Tuesday, April 5, 2016
Time: 11:00am - 12:00pm
Site Name: Caney Residential Yards (B7A3)
Site Location: Caney, Kansas
Last Site Assessment Action: Removal Assessment Report, January 2016
Statement of Purpose / Issues to be discussed or Decision wanted:
Convene an RDT to consider and decide on the use of a Time-Critical Removal Action criteria of
400 ppm in soil for residential properties in Caney, Kansas - including where there currently are
NOT children younger than 84 months old. Secondarily, to discuss and decide whether to
proceed with a fund-lead removal action or wait for completion of PRP determinations by CNSL
with technical program support.
1. Nature and Extent of Contamination
In June 2015, EPA initiated a Removal Site Evaluation (RSE) to resample the property
on North State St. in accordance with the Superfund Lead Contaminated Residential Sites
Handbook (OSWER 9285.7-50, and with the EPA Standard Operating Procedure 4230.19A
entitled Soil Sampling at Lead-Contaminated Residential Sites). The EPA sampled additional
properties in an effort to determine the extent to which lead contamination is present in
residential yards proximal to historic smelter facilities in Caney. During the RSE, EPA sampled
surficial soil at 278 residences located near former smelting operations. The sampling results
identified eighty-one (81) of the residential properties had at least one soil sample that exceeded
400 parts per million (ppm) for lead. Of these, thirty-two (32) properties had lead contamination
above 800 ppm, or above 400 ppm with a child younger than 7 years old. Forty-nine (49) had
lead soil concentrations between 400 ppm and 800 ppm, which did not currently have a child
younger than 7 residing. An additional fifty-nine (59) properties had lead contamination only in
the drip zone. Several properties along the southernmost extent of the target sampling area had at
least one soil sample that exceeded 400 ppm lead, so additional residential sampling will be
required. Approximately 150 properties have not been screened because the residents denied
access or were unable to be contacted. The EPA will continue efforts to assess these properties,
in addition to expanding the target assessment area southward as discussed.
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40506295
Superfund
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2. Site/Contaminant Stability
Lead has been detected in surface soils above the proposed removal action level of 400
ppm for residential properties. Lead-contaminated soils may migrate via airborne dusts, surface
runoff, percolation into groundwater, constructipn,actiyity, by children transporting soils/dusts
into their homes after playing in the affected areas; and tracked in by foot.
3. Public/Human Health Exposures/Risks
Elevated concentrations (greater than 400 ppm) of lead have been found within 100 feet
of residential locations at the Site. Adult and child residents in and around the contaminated
areas have the highest potential to be exposed, through ingestion and inhalation of contaminated
soil and airborne dust. Lead is classified by the EPA as a probable human carcinogen and is a
cumulative toxicant. A site-specific bioaccessibility study was completed in Caney, and based on
site-specific IEUBK modeling, EPA Region 7 toxicologists recommended 400ppm as the time
critical removal action level to protection children's health under current and potential future
uses of the residential properties in Caney.
4. Sources of contamination.
There are two historical former lead and zinc smelter facilities located in Caney, KS.
The site includes properties near the Owen Zinc site and the American Zinc, Lead and Smelting
(AZLS) site. The AZLS site (EPA ID # KSD984971986) was the subject of a potentially
responsible party (PRP) non-time critical removal action that was completed in 2000 with EPA
oversight. The removal action documentation for the AZLS site is available in the EPA
administrative record. The Owen Zinc site (KDHE ID # C306300193) was the subject of a PRP-
lead cleanup under KDHE oversight, which was completed in 2004. The responsible party for
both smelter cleanups was Blue Tee Mining Co. Rail sidings were sampled separately in the
Removal Assessment, which identified lead contamination along the former Missouri Pacific
railroad right-of-way. The rail lines were used to bring ore to the smelters.
5. Known State/Public Concerns or Issues
In response to a citizen complaint, KDHE conducted an Integrated Site Evaluation
("ISE") in February 2013, to determine if hazardous substances were present at a residential
property on North State St., which is directly south of the Owens Zinc Site. KDHE's sampling
identified elevated levels of lead in surficial soil at the residence. The state lacks the resources to
effect a cleanup and was not successful in engaging a PRP to conduct the work. KDHE
determined that a soil removal action was warranted and, in a letter dated March 15, 2015,
KDHE referred the Site to EPA for a time-critical removal action consistent with the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP).
6. Costs
Past experience at similar residential lead sites suggests that removal costs would likely
not exceed $20K per property. Only half of the city has been canvased thus far, and of the area
canvased, approximately 1/3 of the properties have not been sampled because the property owner
did not respond to door hanger requests to provide access. Therefore, the current total number of
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properties to be cleaned up could double by the time sampling in Caney is complete. That being
said, with a removal action criteria of 400 ppm, there are currently 81 properties that would
require cleanup (approx. $1.6M). With a removal action criteria of 800 ppm, 32 properties are
currently identified for cleanup (approx. $650K). If the universe of properties increases based on
additional sampling in Caney, the removal costs will increase accordingly, but would likely be
approximately $4M with a cleanup standard of 400 ppm (assuming approximately 200 properties
requiring cleanup).
Options:
1. The Site has already been NFRAP'd and referred to the Removal Program. Therefore, the
OSC recommends establishing a Time-Critical removal action level of 400 ppm to
address all residential properties with young children based on a "current and reasonably-
anticipated future use" exposure scenario. It is anticipated that the total scope of the
removal would not exceed 200 properties or $4M. This approach eliminates the need for
future removal work or listing on the NPL.
2. Establish an alternative, site-specific, adult residential Time-Critical removal action
criteria of 800 ppm, and 400 ppm for residences with children younger than 7. It is
anticipated that the scope for the removal would not exceed 100 properties or $2M. This
approach would require listing the site on the NPL to address reasonably-anticipated
future uses of properties not currently occupied by children younger than 7.
Sub-Options Applicable to 1 or 2
If, by April 29th, PRP agrees to conduct work under an AOC, EPA will negotiate a
deadline for establishing a SOW with appropriate cleanup level(s) under a consensual agreement.
If PRP declines an AOC, either:
1. Issue a Unilateral Administrative Order
2. Proceed with a fund-lead removal and pursue cost recovery.
Politics: Discussion as needed.
*RDT Decision:
1. The RDT determined it was appropriate to use 400 ppm total lead for a residential soil
cleanup action level, whether as a time critical removal or whether using any other
Superfund cleanup authority. The 400 ppm time-critical cleanup level is appropriate to
address the imminent and substantial threat to children currently living or reasonably
anticipated to be living at residential properties in Caney.
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2. Additional sampling is needed to complete the delineation of residential yard
contamination associated with former smelter operations in Caney. It was agreed that this
additional sampling should be conducted in the context of a Superfund Site Investigation
(SI). Paul Roemerman (with assistance from the site manager Mike Davis) will prepare a
Task Order and Statement of Work for completion of an SI. Based on a review of site
characteristics and sampling results thus far, the Caney site may meet or exceed the
threshold criteria for listing on the National Priorities List (NPL).
3. If the potentially responsible party declines an Administrative Order on Consent (AOC)
to conduct the residential cleanup work, the RDT, including Regional counsel, concluded
that the issuance of a Unilateral Administrative Order (UAO) would be warranted and
justified. This decision is supported by substantial evidence of PRP liability and is
consistent with EPA's "enforcement first" policy.
4. In the event of non-compliance with either an AOC or a UAO, the RDT determined that
it would be appropriate and justified to spend Removal Advice of Allowance dollars to
conduct a time-critical removal action, consistent with the draft Action Memorandum and
the cleanup strategy discussed during the RDT.
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RDT Members Present:
Name
Division/Branch
Initials
Mary Peterson
Superfund Division Director
Robert Jackson
Superfund Deputy Division Director
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Kenneth Buchholz
SUPR Emergency Resp. & Removal Branch Chief
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Denise Roberts
Office of Regional Counsel
Steven Sanders
Senior Superfund Attorney
Gene Gunn
SUPR Special Emphasis Branch Chief
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Michael Davis
SUPR On-Scene Coordinator
Christopher Whitley
Office of Public Affairs
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Todd Davis
SUPR
Adam Ruiz
Superfund Section Chief
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Paul Roemerman
SUPR Site Assessment Manager
Todd Phillips
SUPR Risk Assessor
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* If consensus cannot be reached in the RDT session, then action items will be established, i.e., collect additional
information necessary in making a decision. Upon completion of the action items the Project Manager can request
that the RDT reconvene to make a decision. It is the site manager's responsibility to share the RDT decision with
the state and to place the RDT decision or RDT action items in the official site file in the Superfund Records Center.
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Regional Decision Team (RDT) Meeting
Caney Residential Yards Site
Caney, Montgomery Co, Kansas
SSID # B7A3
4/7/2016
U.S. Environmental Protection Agency
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Background - Caney, KS
• Two former lead/zinc smelters in Caney
• AZLS (EPA ID # KSD984971986) - PRP lead non-
time critical removal completed in 2000. SSI in
1991, EE/CA in 1998, and AOC in 1999.
• Owen Zinc (KDHE ID # C306300193) - PRP lead
cleanup under KDHE oversight completed in 2004.
• Same PRP for both (Blue Tee Corp.)
4/7/2016
U.S. Environmental Protection Agency
2
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Smelter Locations - Caney, KS
4/7/2016 U.S. Environmental Protection Agency 3
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Background - Caney, KS
• Citizen complaint - KDHE conducted an Integrated
Site Evaluation ("ISE") in February 2013 at a
residence directly south of the Owens Zinc Site.
• KDHE determined that a soil removal action was
warranted
• March 2015, KDHE referred the Site to EPA for a
time-critical removal action
4/7/2016
U.S. Environmental Protection Agency
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Caney Residential Yards Removal Site Evaluation (RSE)
June 2015 - EPA initiated a Removal Site Evaluation (RSE)
Sampled 278 residences according to Lead Handbook.
81 residential properties had at least one soil sample that
exceeded 400 parts per million (ppm) for lead.
Additional 59 properties had lead contamination only in the "drip
zone."
Additional residential sampling will be required to delineate
extent.
Approx. 150 properties not screened because the residents
denied access or were unable to be contacted.
4/7/2016 U.S. Environmental Protection Agency 5
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49 Between 400 & 800
ppm
32 Greater than 800
ppm
4/7/2016
U.S. Environmental Protection Agency
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Cleanup Goal - Caney Residential Yards
Bioaccessibility assay (IVBA) was performed. Relative
bioavailability (RBA) used in the lEUBKto develop a site-specific
cleanup goal for soil of 400 mg/kg (rounded up from 396 mg/kg).
Necessary due to imminent and substantial endangerment to
children at residential properties.
Consistent with other R7 Removals (National Zinc, Pittsburg
Zinc, Northwestern Metals)
Eliminates the need to for NPL listing - which is unlikely
Addresses reasonably anticipated future uses
4/7/2016
U.S. Environmental Protection Agency
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Proposed Work
Excavate soil > 400 mg/kg, excluding drip zones if the drip zone is
the only zone contaminated. Road easements included.
400 mg/kg in first foot, or less than 1,200 mg/kg at depths greater
than one foot.
Garden areas < 400 mg/kg in the initial 2 feet.
Max excavation depth = 2 feet (24 inches).
Disposal = Sub-D Landfill as daily cover (e.g. Montgomery Co)
Backfill = Quality topsoil w/ < 100 mg/kg Pb and all other haz
substances below RSLs
Restoration = sod on properties up to % acre of disturbed soil, and
hydro-seed everything in excess of % acre of disturbed soil
4/7/2016 U.S. Environmental Protection Agency 8
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Estimated Costs
• 400 ppm Action Level & Assuming
200 properties = Approx. $4M
• 800 ppm Action Level & Assuming
100 Properties = Approx. $2M
4/7/2016
U.S. Environmental Protection Agency
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NPL Listing Potential & Considerations
• Assuming BG = 100 ppm ...
• HRS cutoff at <3,400,000 ft2 & 425 targets
(171 yards)
• Less than 425 targets will score below 28.5,
anything above will score greater than 28.5
• Kansas concurrence on NPL listing would
be necessary
4/7/2016
U.S. Environmental Protection Agency
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PRP Considerations
GNL mailed on March 24th - Response Due April 29th
Modeling shows likely contribution from air deposition
PRP (Blue Tee) signed consent orders to clean up both
smelters & several yards proximal to AZLS
No other significant sources of lead known in Caney
RR Sidings used to haul ore are contaminated, but do not
contribute substantially to yard contamination in most cases.
Should consider: (1) timeframes if PRP agrees, and (2)
actions to be taken if PRP declines.
4/7/2016
U.S. Environmental Protection Agency
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RDT Decisions
• Use of 400 ppm for Time-Critical
Removal at all properties
• Is HRS Package Needed?
• PRP vs. Fund Lead
4/7/2016
U.S. Environmental Protection Agency
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