Explanation of Significant Differences Environmental Protection CheiTI iCal COntml Superfund Site Site Name: Chemical Control Superfund Site / CERCLA ID #; NJD000607481 Site Location: 23 South Front Street Elizabeth, New Jersey KvV !& / . /I \ v Elizobettyort / cjy'v / W Reach s ¦' - ° // IV / Support Agency: New Jersery Department of Environmental Protection V *-// '/ Y-/ ¥ va 1/ * Lead Agency: EPA, Region 2 Elizabeth, New Jersey I. Introduction This decision document presents an Explanation of Significant Differences (ESD) for the Chemical Control Superfund Site (Site), located in Elizabeth, New Jersey. The Record of Decision (ROD) selecting the remedy that is modified by this ESD was issued on the September 23, 1987. The ESD is issued in accordance with Section 117(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. §§ 9601- 9675, and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F.R. § 300.435(c)(2)(i). This ESD will become part of the administrative record for the Site pursuant to Section 300.825(a)(2) of the NCP. The administrative record has been developed in accordance with Section 113(k) of CERCLA, 42 U.S.C. § 9613(k). This ESD and the administrative record are available for review online at https://www.epa.qov/superfund/chemical-control and at the information repository FINAL September 2024 maintained at the Elizabeth Public Library located at 11 South Broad Street, Elizabeth, New Jersey 07202, open Monday to Thursday: 8:30 a.m. to 7:45 p.m., Friday: 9:30 a.m.to 5:45 p.m., and Saturday: 9:30 a.m. to 4:45 p.m.; and at the U.S. EPA Region 2 Superfund Records Center, 290 Broadway, 18th Floor, New York, New York 10007, Monday - Friday: 9:00 a.m. to 5:00 p.m. II. Statement of Purpose Since the ROD was signed on September 23, 1987, EPA has identified the need to implement institutional controls (ICs) at the Site. The purpose of this ESD is to document EPA's decision to incorporate into the 1987 remedy ICs that were previously implemented at the Site. These consist of (1) a Classification Exception Area/Well Restriction Area (CEA/WRA) established by the New Jersey Department of Environmental Protection (NJDEP) which restricts well installation and other uses of groundwater at the Site because water quality standards for vinyl chloride and benzene are not being met; and (2) a deed notice to limit soil disturbance and damage to the remedy and minimize exposure to contaminated soil at the Site. The selected remedy in the 1987 ROD does not Page 1 744500 ------- include an IC for soil and EPA has determined that a change to the remedy to incorporate the implementation of the soil IC at the Site is warranted, as well as to acknowledge the state's CEA/WRA. Section 117(c) of CERCLA and Section 300.435(c)(2)(i) of the NCP require the publication of an ESD when the Agency determines that modifications are needed to the original selected remedy that are significant but do not fundamentally alter the remedy selected in the ROD with respect to scope, performance, or cost. III. Site History and Contamination Site History The former Chemical Control Corporation property is located on 23 South Front Street in Elizabeth, New Jersey. The Site includes the 2.2-acre property and the portion of the Elizabeth River adjacent to the property. From 1970 to 1979, Chemical Control Corporation operated as a hazardous waste storage, treatment, and disposal facility, accepting various types of chemicals including: acids, arsenic, bases, cyanides, flammable solvents, polychlorinated biphenyls (PCBs), compressed gases, biological agents, and pesticides. Throughout its operations, the Chemical Control Corporation was cited for discharge and waste storage violations. The facility operated until March 1979, when it was closed after being notified of numerous environmental and safety violations by NJDEP. The Chemical Control Corporation is no longer in business. The Site was listed on the National Priorities List in September 1983. EPA conducted a remedial investigation and feasibility study (RI/FS) at the Site from 1985 to 1986. The RI identified hazardous substances in the soils, groundwater, surface water, and sediments at the Site. The State's initial cleanup of the Site, starting in March 1979, removed 55,400 pounds of bulk solids, 1,800 gallons of bulk liquids, nearly 10,000 drums of waste, 83 gas cylinders, 10 pounds of infectious wastes, seven pounds of radioactive wastes, and 24 gallons of highly explosive liquids. While the emergency response action was still in its early stages, on April 21, 1980, an explosion and fire occurred at the Site. NJDEP continued its (pre- Superfund) cleanup operation after the fire and removed all building debris, drums (found on and buried below the surface), tanks, and three feet of surface soil. NJDEP operated a groundwater recovery and treatment system from November 1980 through July 1981. Site Contamination The contaminants found at the Site included, but were not limited to, acetone, 2-butanone, vinyl chloride, benzene, toluene, ethylbenzene, chlorobenzene, trichloroethane, 1,2-dichloroethene (1,2-DCE), PCBs, di-n-butyl phthalate, benzyl alcohol, benzoic acid, pyrene, naphthalene, and fluorene. Hazardous substances including benzene and vinyl chloride were also identified in groundwater. Some or all of the contaminants identified are hazardous substances as defined in § 104(14) of CERCLA, 42, U.S.C. § 9601(14), and 40 C.F.R. § 302.4. Approximately 18,000 cubic yards of contaminated soil were identified and eventually treated at the Site. At the time of the RI/FS, the greatest potential risk from the Site was the possible exposure to contaminated soils. Significant health threats were posed through direct contact, fugitive dust emission and volatilization. Groundwater beneath the Site is not being used as drinking water. Residents and businesses in the area are supplied with municipal water. IV. Selected Remedy EPA issued the first ROD for the Site in 1983, in which EPA selected an initial remedial measure (IRM). The IRM, which was performed by EPA, FINAL September 2024 Page 2 ------- included the decontamination and removal of eleven box trailers and a vacuum truck along with the cleaning and repair of the storm sewer, manholes, and catch basins. In addition, divers removed drums, pails, gas cylinders, and other materials from the Elizabeth River. The 1983 ROD did not include ICs. EPA issued a second ROD for the Site on September 23, 1987. The remedy selected in the 1987 ROD included: • Treatment of 18,000 cubic yards of contaminated soil at the Site using in-situ fixation; • Removal of debris from earlier response actions; • Sealing of the sanitary sewer line under the Site where it connects to the South Front Street storm sewer; • Repair of the berm that separates the Site from the Elizabeth River; and • Collection and analysis of environmental samples, as required, to ensure the effectiveness of the remedy. Although no remedial action objectives (RAOs) were identified in the ROD, the intent of the remedy was to reduce the mobility and toxicity of the contaminants in the soil, protect against any possibility of the contaminated soils being exposed, ensure that the leaching of contaminants will not increase, and return the Site to a condition that is compatible with reasonably anticipated future use, i.e., development that could reasonably be expected in this industrial area. In October 1990, a group of Settling Defendants entered into a settlement, embodied in a consent decree (CD), with the United States regarding the Site. Under the CD, a sub-group of Settling Defendants known as the Primary Settling Defendants (PSDs) agreed to perform the remedy selected in the 1987 ROD, under EPA oversight. Construction of the remedy started in August 1993 and was completed in April 1994. Settling Defendants included installation of a slurry wall to further isolate and contain the soils solidified through the in-situ fixation component of the remedy. The slurry wall was constructed around the perimeter of the Site and anchored into a clay layer underlying the Site. By anchoring it into the clay layer, the surrounding ground water was cut off from entering and leaving the Site. The top of the solidified mass was designed to prevent water infiltration into the solidified mass and maximize surface water runoff toward the Elizabeth River. Finally, an 8-foot chain-link fence was installed around the Site to restrict unauthorized access. Under EPA oversight, the PSDs have been conducting long-term monitoring and maintenance activities in accordance with the operation and maintenance (O&M) plan, approved by EPA on March 24, 1994. The Site property is currently used as a staging area for heavy equipment and materials. V. Description of Significant Differences and Basis for the ESD Because the remedial action resulted in hazardous substances, pollutants, or contaminants remaining at the Site above levels that allow for unlimited use and unrestricted exposure to soils, EPA determined that ICs were necessary to ensure long term protectiveness of human health and the environment and to protect the integrity of the remedy. The ICs, in the form of a deed notice and a CEA/WRA, have been implemented at the Site. The IRM selected in the 1983 ROD and the remedial action selected in the 1987 ROD do not include ICs for soils. As a result, EPA has concluded that an ESD is needed to document the decision to include ICs in the form a deed notice for soils as part of the remedy for the Site, as well as to acknowledge the state's CEA/WRA. In addition to the components of the 1987 ROD remedy, the remedial work performed by the FINAL September 2024 Page 3 ------- VI. Support Agency Comments EPA consulted with NJDEP and provided it the opportunity to comment on this ESD in accordance with Sections 300.435(c)(2) and 300.435(c)(2)(i) of the NCP and Section 121(f) of CERCLA. NJDEP concurred with this ESD in a letter dated September 20, 2024. VII. Statutory Determinations EPA has determined that the remedy, as modified by these significant changes, complies with the statutory requirements of Section 121 of CERCLA, 42 U.S.C. § 9621, is protective of human health and the environment, complies with federal and state requirements that are applicable or relevant and appropriate to the remedial action, remains cost- effective, and utilizes permanent solutions and alternative treatment technologies to the maximum extent practicable. Because the remedy, as modified by this ESD, will result in hazardous substances, pollutants, or contaminants remaining on site above levels that allow for unlimited use and unrestricted exposure, a statutory review will be conducted no less often than each five years after the initiation of the remedial action to ensure that the remedy is, or will be, protective of human health and the environment. The last statutory five-year review for the Site was completed on June 28, 2024. The next five-year review will be conducted no more than five years from that date. VIII. Public Participation In accordance with CERCLA Section 117(c) and Section 300.435(c)(2) of the NCP, a formal public comment period is not required when issuing an ESD. EPA will announce the availability of the ESD in a local newspaper of general circulation with a notice briefly summarizing this ESD. The ESD and the documents that provide the basis for the ESD will be placed in the administrative record for the Site in accordance with Section 300.825(a)(2) of the NCP and the information repository maintained at the address set forth in Section I, above. The ESD will also be placed on EPA's Site page located at https://www. epa. gov/ superfund/chemical-control. IX. Authorizing Signature EPA has determined the remedy for the Site, as modified by this ESD, is protective of human health and the environment, and will remain so provided the actions presented in this report are implemented as described above. This ESD documents the significant changes related to the remedy at the Site. EPA selected these changes with the concurrence of NJDEP. U.S. Environmental Protection Agency Digitally signed by Evangelista, By: Evangelista, Pat p* ° ' Date: 2024.09.2313:53:44-04'00' Pat Evangelista Director Superfund and Emergency Management Division EPA, Region 2 Date: September 23, 2024 FINAL September 2024 Page 4 ------- |