Explanation of Significant Differences Former Kil-tone Company Superfund Site Operable Unit 1


EXPLANATION OF SIGNIFICANT DIFFERENCES

Former Kil-Tone Company Superfund Site
Operable Unit 1

Site Name and Location

Former Kil-Tone Company Superfund Site
City of Vineland, Cumberland County, New Jersey

Introduction

The purpose of this Explanation of Significant Differences (ESD) is to explain the United States
Environmental Protection Agency's (EPA) changes to the remedy selected in the September
2016 Record of Decision (ROD) for the Former Kil-Tone Company Superfund Site (Site),
Operable Unit (OU) 1. The selected remedy described in the OU1 ROD represents the first of
four planned remedial phases, or operable units, for the Site. The first ESD for OlJ 1 was
approved and dated July 2021.This is the second ESD for OlJ 1. This ESD documents EPA's
decision to remove pesticides and polycyclic aromatic hydrocarbons (PAHs) from the list of
contaminants of concern (COCs) for OlJ 1 based on findings from the second operable unit
(OU2) remedial investigation, and a refinement to the remediation goal for lead.

Under Section 1 17(c) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (CERCLA or Superfund), 42 U.S.C. § 9617(c), EPA is
required to publish an ESD when, after issuance of a ROD, subsequent enforcement or remedial
actions lead to significant, but not fundamental, changes in the selected site remedy. Sections
300.435(c)(2)(i) and 300.825(a)(2) of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), 40 C.F.R. §§ 300.435(c)(2)(i) and 300.825(a)(2), set forth the criteria
for issuing an ESD and require that an ESD be published if the remedy is modified in a way that
differs significantly in scope, performance, or cost from the remedy selected in the ROD for the
Site.

This ESD presents the significant differences to the remedy selected in the OlJ 1 ROD. This ESD
also provides a brief history of the Site, describes the original remedy, and explains how,
subsequent to issuance of the OlJ 1 ROD, issues concerning the scope and performance of the
selected remedy were identified.

This ESD and the documents that provide the basis for the ESD decision will be incorporated
into the administrative record maintained for the Site in accordance with Section 300.825(a)(2)
of the NCP, 40 C.F.R. § 300.825(a)(2). The administrative record file is available for review
during business hours at the EPA Region 2 Superfund Records Center, 290 Broadway, New
York, NY 10007 (Monday through Friday, 9:00 AM-5:00 PM); at the information repository at
the Vineland City Library, 1058 East Landis Ave. Vineland, New Jersey 08360 (for library
hours: http://www.vinelandlibrarv.org); and online at: www.epa.gov/superfund/former-kil-tone.
EPA recommends contacting the EPA Region 2 Superfund Records Center at (212) 637-4308 or
the Vineland City Library Info Center at (856) 794-4244 (ext. 4243) to discuss options for

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viewing before visiting.

Site Location, History, Contamination Problems, and Selected Remedy

A. Site Location and Description

The Site includes the former Kil-Tone Company facility located at 527 East Chestnut Avenue,
City of Vineland, Cumberland County, New Jersey (the Property) and the areal extent of
contamination, including residential, commercial, and industrial properties in the vicinity of the
Property, as well as certain floodplain and sediment areas near the Property. The Property is
bordered to the north by East Chestnut Avenue; to the east by South Sixth Street; to the south by
Paul Street; and to the west by South East Boulevard, which is next to railroad tracks used for
freight transport. Residential, commercial and industrial properties are located throughout the
area. A storm sewer catch basin located in the northwestern corner of the Property discharges
into the head of the Tarkiln Branch, a tributary of the Parvin Branch that flows into the Maurice
River that flows into Union Lake.

OIJ1, the subject of this ESD, addresses soil contamination at residential properties in the
vicinity of the Property. OU2 concerns the Property itself as well as other commercial and
industrial properties in the vicinity of the Property. A remedial investigation is ongoing for OU3
that concerns potential groundwater contamination, and another remedial investigation is being
performed for OU4 that concerns possible sediment, surface water and floodplain soil
contamination along or near the Tarkiln Branch.

The Property is approximately 4.076 acres and is located in a mixed-use (residential, commercial
and industrial) community that has been identified as a community with environmental justice
concerns. According to the 2021 American Community Survey (ACS), the annual demographics
survey of the U.S. Census Bureau, the approximate racial breakdown of the City of Vineland
included White (64.9%), Black or African American (14.3%), and Asian (1.2%). The 2021 ACS
also reported a Hispanic/Latino population of 41.6%1. The total median household income was
reported in 2021 at $60,018. Results from EPA's Environmental Justice screening tool,
EJSCREEN, show that the EJ Index in Vineland is in the 98th percentile for Superfund
Proximity, which shows the Superfund sites per square kilometer. Additionally, Vineland is in
the 84th percentile for the Lead Paint Indicator, which considers the percentage of housing
constructed before 1960. EJ Indexes combine an Environmental Indicator with Demographic
Indexes (Person of Color Population and Low-Income Population) to provide a more holistic
picture of the environmental burden on the community. EPA considers areas with EJ Indexes
above the 80th national percentile as being of particular concern for environmental justice.

B. Site History

The Property was the site of pesticide manufacturing operations from about 1916 to about 1933.
Starting in or about 1916, the former Kil-Tone Company manufactured, among other things, the

1 According to the United States Census Bureau. Hispanics may be of any race, so also arc included in applicable
race categories (https://www.census.gov/quickfacts/vinelandcitynewjersey).

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pesticide lead arsenate at the Property. In 1926, the Property was purchased by John Lucas &
Company, which created a new subsidiary named the Lucas Kil-Tone Company that continued to
manufacture arsenic-based pesticides on the Property until about 1933, at which point pesticide
manufacturing ceased.

Lead arsenate is a pentavalent form of inorganic arsenic and contains about 22 percent arsenic.
Inorganic arsenics are known to be acutely toxic. Among the products manufactured at the
Property were Green Cross Dry Powdered Arsenate of Lead, Green Cross Standard Arsenate of
Lead, Green Cross Sulpho-arsenate Powder, Green Cross Sulphur and Arsenate Lead Mixture,
Modified Kil-Tone, Improved Kil-Tone, Fruit Kil-Tone, Bordeaux Mixture, Dry Powdered
Arsenate of Zinc, and Beetle Mort.

The Property was sold in 1943 to three individuals that produced tomato-based products. The
Property changed ownership several times and was purchased in 2008 by the current owner
Urban Manufacturing, LLC. The Property is leased to Urban Sign & Crane, Inc., which
fabricates and installs commercial signs.

C. Contamination Problems

An August 2014 investigation of the Property by NJDEP found arsenic at concentrations as high
as 740 parts per million (ppm) in the top six inches of soil, and at concentrations as high as 5,800
ppm between 3.5 to 4 feet below ground. Groundwater beneath the Property had concentrations
of arsenic of 8.1 micrograms per liter (|ig/L) to 14,000 |ig/L. As a result of its investigation, on
November 14, 2014, the NJDEP referred the Site to EPA.

From January 2015 through February 2016, EPA conducted several sampling events at the Site
to determine the nature and extent of contamination. Sampling results identified arsenic and lead
in soils at the Property, as well as in soils at nearby residential, commercial and industrial
properties. Arsenic and lead were also found in samples collected by EPA from groundwater,
surface water and sediment. On April 5, 2016, EPA placed the Site on the National Priorities
List.

In April 2016, EPA initiated a removal action to address potential exposure to surface soil
contaminated with arsenic and lead at residential properties in the vicinity of the Property. Clean
topsoil was placed over portions of 26 residential properties as an interim measure until a
permanent remedy was selected and implemented to prevent exposure to arsenic- and lead-
contaminated soil. Additional removal work was done further from the Property in the floodplain
of the Tarkiln Branch. Clean soil was placed on six residential properties in the floodplain and
fencing was installed at portions of two public housing developments along the Tarkiln Branch.
These additional removal activities are also interim measures designed to prevent exposure to
and migration of arsenic and lead contaminated soil until a final remedy is selected and
implemented for the Tarkiln Branch floodplain.

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D. The OU1 Remedy

The OU 1 ROD selected a remedy to address a discrete portion of the Site involving
contaminated soil at residential properties in the vicinity of Property. The OlJ 1 ROD identified
remedial action objectives (RAOs), which are specific goals to protect human health and the
environment. The RAOs in the OlJ 1 ROD are:

• Prevent potential current and future unacceptable risks to human receptors
resulting from direct contact with contaminated soil.

• Prevent migration of site contaminants from the OlJ 1 properties to other areas via
overland flow and air dispersion.

The major components of the remedy selected in the OlJ 1 ROD are:

• Excavation of an estimated 21,000 cubic yards of soil contaminated primarily
with arsenic and lead from approximately 57 residential properties in the vicinity
of the Property;

• Off-site disposal of excavated contaminated soil, and backfilling of excavated
areas with clean fill; and

• Restoration of the affected properties.

The OU 1 remedy is being implemented in three phases. Phase 1 was completed in 2018 with six
residential properties remediated and restored to unrestricted future use, including continued
residential use. In 2020, Phase 2 of the OlJ 1 remedial action was completed with 26 residential
properties remediated and restored to conditions allowing for unrestricted future use. The third
and final phase of the OlJ 1 remedy was started in the fall of 2022 and is expected to be
completed in the spring of 2024. At least 48 residential properties have been identified for
cleanup under Phase 3.

E. July 2021 Explanation of Significant Differences for OU 1

In July 2021, EPA issued an ESD for OlJ 1 that modified the OlJ 1 remedial action by providing
for permanent relocation of some residents, as well as property acquisition and property
demolition, in the event such action is needed to safely address soil contamination beneath
residential structures. Arsenic and lead contaminated soils have been identified exceeding the
OU 1 cleanup levels beneath some structures at residential properties that are being addressed
under OlJ 1. The 2021 OlJ 1 ESD explains that when EPA determines particular residential
structures will be an impediment to implementation of the OlJ 1 remedy, EP A may acquire title
to the properties and permanently relocate the residents, consistent with EPA's National
Superfund Permanent Relocation Interim Policy and EPA's OSWER Directive: 9355.0-71P,
Interim Policy on the Use of Permanent Relocations as Part of Superfund Remedial Actions.

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F. Operable Unit 2 Remedy

On September 30, 2019, EPA issued a ROD for OU2 at the Site to address contamination at the
Property itself, and at non-residential properties in the vicinity of the Property. The OU2 remedy
includes excavation of an estimated 57,800 cubic yards of soil contaminated with arsenic and
lead from approximately 40 properties, including the Property. Contaminated soil is to be
excavated to a depth not to exceed the groundwater table. Excavated soil is to be sent off-site for
disposal, and the excavated areas are to be backfilled with clean fill. Properties affected by the
cleanup are to be restored. EP A has completed the first phase of design of the OU2 remedial
action and expects to begin construction of the OU2 remedy in the fall of 2023.

On May 16, 2023, EPA issued an ESD for OU2, which modified the OU2 remedy to provide for
permanent relocation of businesses, and property acquisition and/or compensation for the value
of demolished structures. Similar to the ESD for the OIJ1 ROD with respect to residential
structures, the ESD for OU2 allows for the use of permanent relocation of businesses if there is a
risk to human health that cannot effectively be addressed by cleanup or where a structure is an
impediment to a protective cleanup, consistent with consistent with EPA's National Superfund
Permanent Relocation Interim Policy and EPA's Interim Policy on the Use of Permanent
Relocations as Part of Superfund Remedial Actions.

Description of Significant Differences

This ESD documents EPA's decision to remove pesticides and PAHs, and their remediation
goals (RGs), from the list of COCs for OU1 identified in the OU1 ROD, based on findings from
the OU2 remedial investigation. The OlJ 1 RGs are shown below in Table 1:

Table 1

Constituent in Soil

Cleanup Goal (nig/kg)

Lead

400

Arsenic

Dieldrin

0.04*

Heptachlor epoxide

0.07*

Benzo(a)pyrene

0.2*

B enzo(a)anthracene

0.6*

B enzo( b )fl uoran th en e

0.6*

Tabic 1: Remediation Goals from the OU 1 ROD

* Remediation Goals for PAHs and pesticides to be removed by ESD.

There are multiple lines of evidence that support this change.

• The OU 1 ROD, which addresses residential properties in the vicinity of the Property, was
issued prior to the completion of the remedial investigation and feasibility study (RI/FS)
for OU2, which addresses the Property itself and the source of contamination.

Information from the OU2 Rl/FS provided EPA with a more detailed understanding of

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Site-related contamination. While the Baseline Human Health Risk Assessment for OIJ1
found that arsenic and lead in soil were the only contaminants that posed unacceptable
risk at the properties, EPA did not have the benefit of information from the OU2 RI/FS
and pursued a conservative (protective) approach by identifying all contaminants that
also exceeded the NJDEP soil cleanup standards then in effect, known as residential
direct contact soil remediation standards (RDCSRS)2, as COCs for OU1. However, based
on information from the OU2 RI/FS, EPA concluded that arsenic and lead are the only
Site-related COCs.

The Final Revised Remedial Investigation Report for OU2 notes that PAH impacts across
the OU2 Study Area are scattered and do not fall into a coherent pattern.

The remedial investigation for OU2 further noted that no organic pesticides were detected
above RDCSRS at the Property.

• In addition to EPA's determination that only arsenic and lead are clearly Site-related
contaminants, the other contaminants detected at OU1 and OU2 are generally present at
concentrations below those that trigger unacceptable risk. Samples collected during the
OU2 RI were analyzed for a comprehensive list of hazardous substances, including
volatile organic compounds, semi-volatile organic compounds, PAHs, polychlorinated
biphenyls, pesticides and metals. The Baseline Human Health Risk Assessment
conducted for OU2 evaluated all of the sampling data and considered several exposure
scenarios and found that unacceptable risks were driven by arsenic and lead.

• Consistent with the findings of the OlJ 1 Baseline Human Health Risk Assessment, the
concentrations of contaminants found at the OlJ 1 properties other than arsenic and lead
were generally low. The OlJ 1 ROD notes the pesticides found at the residential properties
at concentrations above the applicable RDCSRS are dieldrin and heptachlor epoxide.
Maximum concentrations were found to be 0.49 mg/kg for dieldrin and 0.38 mg/kg for
heptachlor epoxide. The PAHs found at concentrations above the applicable RDCSRS are
benzo(a)pyrene, benzo(a)anthracene, and benzo(b)fluoranthene; these were detected at
concentrations as high as 0.81 mg/kg, 2.1 mg/kg, and 2.2 mg/kg, respectively. Further,
during Phases 1 and 2 of the OlJ 1 remedial action, which addressed a total of 32
residential properties, the above listed pesticides and PAHs were tested for in the pre- and
post-excavation soil samples and were found at similar concentrations and exceeding the
RDCSRS at a much lower frequency than arsenic and lead.

• The properties that comprise OlJ 1 and OU2 are located in a densely populated urban
area, and both PAHs and pesticides are commonly found in such areas. The data do not
support that these ubiquitous urban contaminants are related to the Site activities; they are
present at concentrations that would be expected in any similar urban area.

In May 2021, NJDEP promulgated revised soil remediation standards pursuant to New Jersey law, renaming the
standards and separating direct contact soil rcmediation standards into one set of standards for ingestion-dcrmal
exposure, and another set for inhalation exposure. The standards formerly known as the New Jersey residential
direct contact soil remediation standards arc now known as the New Jersey residential soil remediation standards.

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Therefore, this ESD revises the COCs and RGs for OIJ1 as shown in Table 2 by removing those
contaminants that EPA has concluded are not Site-related. The RG for arsenic is unchanged. The
RG for lead has been refined to reflect the current science on lead exposure. The RG of 400
mg/kg for lead in the OIJ 1 ROD was based on a target child blood lead level of 10 micrograms
per deciliter ((.ig/dL). However, recent toxicological evidence outlined in a December 2016 EPA
memorandum "Updated Scientific Considerations for Lead in Soil Cleanups" suggests that
adverse health effects are associated with lower blood lead levels. To achieve a lead risk
reduction goal consistent with recent toxicological findings, the adjusted RG for lead is a two-
tiered approach whereby the average lead concentration across the surface of the remediated area
must be at or below 200 mg/kg, with no single concentration above 400 mg/kg, which
corresponds to a typical (or hypothetical) child or group of similarly exposed children having an
estimated risk of no more than 5% of the population exceeding a blood lead level of 5 |ig/dL.
OIJ 1 properties that have been remediated to date have achieved these levels.

Table 2: Revised Remediation Goals

Constituent in Soil

Cleanup Goal (mg/kg)

Lead

400/200

Arsenic

Support Agency Comments

The State of New Jersey concurs with this ESD. The State's letter providing its concurrence is in
the administrative record maintained for the Site.

Affirmation of Statutory Determinations

EPA, after consultation with NJDEP, is issuing this ESD to modify the selected OIJ 1 remedy to
remove the COCs and associated remediation goals for dieldrin, heptachlor epoxide,
benzo(a)pyrene, benzo(a)anthracene and benzo(b)fluoranthene and to reflect a refinement of the
remediation goal for lead. The OIJ 1 remedy, as modified by this ESD, still satisfies the
requirements of Section 121 of CERCLA, 42 U.S.C. § 9621.

The remedy, as modified by this ESD, will be protective of human health and the environment
and will comply with federal and state requirements that are legally applicable or relevant and
appropriate to the remedial action.

The modified remedy is technically feasible, cost-effective, and represents the maximum extent
to which permanent solutions and treatment technologies can be used in a practicable manner at
the Site.

This ESD does not alter the five-year review requirements outlined in the OIJ 1 ROD.

Public Participation Compliance

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In accordance with the NCP, a formal public comment period is not required when issuing an
ESD. A notice briefly summarizing this ESD will be published in a major local newspaper of
general publication in accordance with Section 300.435(c)(2)(i) of the NCP, 40 C.F.R.
§ 300.435(c)(2)(i).

This ESD and the documents that provide the basis for the decision to modify the OIJ1 remedy
to remove remedial goals for select pesticides and PAHs will be incorporated into the
administrative record for the Site in accordance with Section 300.825(a)(2) of the NCP, 40
C.F.R. § 300.825(a)(2). The administrative record file is available for review during business
hours at the EPA Region 2 Superfund Records Center, 290 Broadway, New York, NY 10007
(Monday through Friday, 9:00 AM-5:00 PM); at the information repository at the Vineland City
Library, 1058 East Landis Ave. Vineland, New Jersey 08360 (for library hours:
http://www.vinelandlibrary.org); and online at: www.epa.gov/superfund/former-ki 1 -tone. EPA
recommends contacting the EPA Region 2 Superfund Records Center at (212) 637-4308 or the
Vineland City Library Info Center at (856) 794-4244 (ext. 4243) to discuss options for viewing
before visiting.

Digitally signed by Pat

Pat Evanqelista Evangel

•J	Date: 2023.09.13 18:27:45 -04'00'

Pat Evangelista. Director
Superfund & Emergency Management Division
U.S. EPA, Region 2

September 13. 2023
Date

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