EPA_SIP_Approval_Ltr_-_198_River_St_-_(3-26-25_signed).pdf

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City of New Haven Attn: Helen Rosenberg 165 Church Street, New Haven, Connecticut 06510 HRosenb@newhavenct.gov

Re: PCB Cleanup and Disposal Approval under 40 CFR §§ 761.61(a) and (c) 198 River Street New Haven, Connecticut

Dear Ms. Rosenberg:

This is in response to the City of New Haven Office of Economic & Business Development (the City) Notification1 to address PCB remediation waste (i.e., soil, concrete and debris) on the property located at 198 River Street (“the Site”) in New Haven, Connecticut (See Attachment 2). The Site contains PCB remediation waste that exceeds the allowable PCB level of one part per million (ppm) for unrestricted use under the federal PCB regulations at 40 CFR § 761.61(a).

In its Notification, the City has proposed the following PCB remedial plan under 40 CFR §§ 761.61(a) and (c):

• Remove PCB remediation waste (i.e., concrete) with PCBs greater than or equal to (≥) 50 ppm, as shown in red crosshatching in Attachment 3, and dispose of at a TSCA approved facility in accordance with 40 CFR § 761.61(a)(5)(i)(B)(2)(iii);

• Collect verification samples in accordance with 40 CFR Part 761 Subpart O to confirm the less than (<) 50 ppm PCB cleanup standard has been met;

1 Information was submitted by Tighe & Bond on behalf of the City of New Haven Office of Economic & Business Development (the City) to satisfy the notification requirement under 40 CFR § 761.61(a)(3). Information was provided dated July 19, 2024 (Self-Implementing On-site PCB Clean-up & Disposal Plan), February 21, 2025(Email response to EPA request for figure C-101), and March 7, 2025 (Email follow-up to the March 7, 2025 meeting). These submittals will be referred to as the “Notification.”

mailto:HRosenb@newhavenct.gov

PCB Cleanup and Disposal Approval, Page 2

• Remove PCB remediation waste (i.e., concrete) with PCBs greater than (>) 1 but < 50 ppm, as shown in green crosshatching in Attachment 32, and dispose of at a State approved facility in accordance with 40 CFR § 761.61(a)(5)(i)(B)(2)(ii);

• Remove PCB remediation waste (i.e., soils and debris ≥ 10 ppm PCBs) as shown in red

Attachment 4 and dispose at a facility that accepts ≥ 50 ppm PCB remediation waste in accordance with 40 CFR § 761.61(a)(5)(i)(B)(2)(iii);

• Collect verification samples in accordance with 40 CFR Part 761 Subpart O to confirm < 10 ppm PCB cleanup standard has been met within each of the excavated areas; and

• Construct a clean soil and asphalt/concrete cap over the entire Site and record a deed notice in the form of an Environmental Use Restriction (EUR) on the land record that will restrict use of the Site to industrial/commercial.

With exception of the cap, the plan meets the notification requirements as specified under 40 CFR § 761.61(a). The proposed cap for the property will not comply with the prescriptive nature of 40 CFR § 761.61(a)(7). In paved areas, the planned cap will consist of 24 inches of clean compacted soil and/or processed aggregate subbase material. Three inches of asphalt paving will then be placed over the compacted subgrade. In areas where concrete pad or sidewalks are placed, 4 inches of concrete will be placed over the 24 inches of compacted subgrade. Four trees will be planted in 8 ft x 8 ft planters. Each planter will be placed in areas where 4 feet of clean fill will be present. Although the cap plan is not compliant with 40 CFR § 761,61(a), EPA has determined that the clean cap will not pose an unreasonable risk of injury to health or the environment.

The City may proceed with its PCB cleanup and disposal under 40 CFR §§ 761.61(a) and (c); its Notification; and this Approval, subject to the conditions of Attachment 1.

This Approval does not release the City from any applicable requirements of federal, state or local law, including the requirements related to cleanup and disposal of PCB-contaminated wastes under the Connecticut Department of Energy and Environmental Protection (CTDEEP) regulations.

This Approval only addresses cleanup and disposal of the PCB remediation waste identified in the Notification and specifically located on the Site. In the event that the City identifies other PCB-contaminated wastes subject to cleanup and disposal under the PCB regulations, the City will be required to notify EPA and cleanup the PCB-contaminated wastes in accordance with 40 CFR Part 761 (see Approval Condition 1).

EPA shall not consider this project complete until it has received all submittals required under this Approval. Please be aware that upon EPA receipt and review of the submittals, EPA may request any additional information necessary to establish that the work has been completed in accordance with 40 CFR Part 761, the Notification, and this Approval.

2 In response to the Agencies’ concern about re-using PCB-contaminated concrete across the Site as fill, the City opted to dispose of PCB remediation waste (i.e., concrete) rather than crush and re-use the material as fill.

PCB Cleanup and Disposal Approval, Page 3

Questions and correspondence regarding this Approval should be directed to: R1PCBs@epa.gov.

Sincerely, Stephanie Carr, Director Land, Chemicals and Redevelopment Division cc: Christopher Koelle, Tighe & Bond Amber Trahan, CTDEEP File

Attachment 1- Approval Conditions Attachment 2 –Site Plan Attachment 3-Concrete Removal Areas Attachment 4-Soil Excavation Areas

Attachment 1, PCB Approval Conditions 198 River Street, New Haven, Connecticut

ATTACHMENT 1

PCB CLEANUP AND DISPOSAL APPROVAL CONDITIONS

198 RIVER STREET (“the Site”)

NEW HAVEN, CONNECTICUT

GENERAL CONDITIONS

1. This Approval is granted under the authority of Section 6(e) of the Toxic Substances Control Act

(TSCA), 15 U.S.C. § 2605(e), and the PCB regulations at 40 CFR Part 761, and applies solely to PCB remediation waste located at the Site as identified in the Notification.

a. In the event that the City of New Haven Office of Economic Development (the City) identifies other PCB-contaminated wastes (i.e., wastes not identified in the Notification) subject to cleanup and disposal under the PCB regulations, the City will be required to notify EPA and clean up the PCB-contaminated wastes in accordance with 40 CFR Part 761.

b. The City may submit a separate plan to address the PCB contamination or may propose to modify the Notification to incorporate cleanup of the PCBs under this Approval in accordance with Condition 16.

2. The City shall conduct on-site activities in accordance with the conditions of this Approval and with the Notification.

3. In the event that the cleanup plan described in the Notification differs from the conditions specified in this Approval, the conditions of this Approval shall govern.

4. The terms and abbreviations used herein shall have the meanings as defined in 40 CFR § 761.3 unless otherwise defined within this Approval.

5. The City must comply with all applicable federal, state and local regulations in the storage, handling, and disposal of all PCB wastes, including PCBs, PCB Items and decontamination wastes generated under this Approval. In the event of a new spill during response actions, the City shall contact EPA within 24 hours for direction on PCB cleanup and sampling requirements.

6. The City is responsible for the actions of all officers, employees, agents, contractors, subcontractors, and others who are involved in activities conducted under this Approval. If at any time the City has or receives information indicating that the City or any other person has failed, or may have failed, to comply with any provision of this Approval, it must report the information to EPA in writing within 24 hours of having or receiving the information.

7. This Approval does not constitute a determination by EPA that the transporters or disposal facilities selected by the City are authorized to conduct the activities set forth in the Notification. The City is responsible for ensuring that its selected transporters and disposal facilities are authorized to conduct these activities in accordance with all applicable federal, state and local statutes and regulations.

8. This Approval does not: 1) waive or compromise EPA's enforcement and regulatory authority;

2) release the City from compliance with any applicable requirements of federal, state or local law; or 3) release the City from liability for, or otherwise resolve, any violations of federal, state or local law.

9. Failure to comply with the Approval conditions specified herein shall constitute a violation of the requirement in § 761.50(a) to store or dispose of PCB waste in accordance with 40 CFR Part 761 Subpart D.

NOTIFICATION AND CERTIFICATION CONDITIONS

10. This Approval may be revoked if the EPA does not receive written notification from the City of its acceptance of the conditions of this Approval within 10 business days of receipt.

11. The City shall notify EPA in writing of the scheduled date of commencement of on-site activities at least three business days prior to conducting any work under this Approval with its estimated schedule for completion of the work authorized under this Approval.

12. The City shall submit the following information to EPA:

a. a certification signed by its selected contractor, stating that the contractor(s) has read and understands the Notification, and agrees to abide by the conditions specified in this Approval; and

b. a certification signed by the selected analytical laboratory, stating that the laboratory has read and understands the extraction and analytical methods and quality assurance requirements specified in the Notification and in this Approval.

CLEANUP AND DISPOSAL CONDITIONS

13. The cleanup level for bulk PCB remediation waste (i.e., soil) remaining at the Site shall be less than or equal to (≤) 10 parts per million (ppm) to meet the high occupancy area cleanup requirements at 40 CFR § 761.61(a)(4).

a. Bulk PCB remediation waste (i.e. soil) samples shall be collected on a bulk basis (e.g.

mg/Kg) and reported on a dry-weight basis. Verification sampling shall comply with Subpart O; samples shall be collected from both excavation bottoms and sidewalls, as applicable.

b. Any visible debris observed on the Site shall be removed and disposed of as a greater than or equal to (≥) 50 ppm PCB remediation waste.

c. Chemical extraction for PCBs shall be conducted using Methods 3500B/3540C of SW- 846 for solid matrices and Method 3500B/3510C of SW-846 for aqueous matrices; and chemical analysis for PCBs shall be conducted using Method 8082 of SW-846, unless another extraction or analytical method(s) is validated according to Subpart Q.

d. Alternative extraction methods to those identified above are allowed under the August

29, 2023 changes to 40 CFR Part 761. If using methods other than specified in 13.c, EPA shall be notified in writing of the proposed extraction method. Any other extraction or analytical method(s) must be validated according to Subpart Q.

14. All PCB waste (regardless of concentration) generated as a result of the activities described in the Notification, excluding any decontaminated materials, shall be marked in accordance with § 761.40; stored in a manner prescribed in § 761.65; and disposed of in accordance with 40 CFR § 761.61(a)(5), unless otherwise specified below:

a. Decontamination wastes and residues shall be disposed of in accordance with 40 CFR

§ 761.79(g).

b. Moveable equipment, tools, and sampling equipment shall be decontaminated in accordance with either 40 CFR § 761.79(b)(3)(i)(A), § 761.79(b)(3)(ii)(A), or § 761.79(c)(2).

c. PCB-contaminated water generated during decontamination shall be decontaminated in accordance with 40 CFR § 761.79(b)(1) or disposed of under § 761.60.

INSPECTION, MODIFICATION AND REVOCATION CONDITIONS

15. The City shall allow any authorized representative of the Administrator of the EPA to inspect the Site and to inspect records and take samples as may be necessary to determine compliance with the PCB regulations and this Approval. Any refusal by the City to allow such an inspection (as authorized by Section 11 of TSCA) shall be grounds for revocation of this Approval.

16. Any proposed modification(s) in the plan, specifications, or information in the Notification must be submitted to EPA no less than 14 calendar days prior to the proposed implementation of the change. Such proposed modifications will be subject to the procedures of 40 CFR § 761.61(a)(3)(ii).

17. Any departure from the conditions of this Approval without prior, written authorization from the EPA may result in the revocation, suspension and/or modification of the Approval, in addition to any other legal or equitable relief or remedy the EPA may choose to pursue.

18. Any misrepresentation or omission of any material fact in the Notification or in any records or reports may result in the EPA’s revocation, suspension and/or modification of the Approval, in addition to any other legal or equitable relief or remedy the EPA may choose to pursue.

RECORDKEEPING AND REPORTING CONDITIONS

19. The City shall prepare and maintain all records and documents required by 40 CFR Part 761, including, but not limited to the records required under Subparts J and K. A written record of the cleanup and the analytical sampling shall be established and maintained by the City in one centralized location, until such time as EPA approves in writing a request for an alternative disposition of such records. All records shall be made available for inspection to authorized representatives of EPA.

20. Within 60 days of completion of the cleanup activities described in the Notification and authorized by this Approval, and as required under § 761.61(a)(8)(i)(B), the City shall submit to EPA a certification, signed by a City approving official, that it has recorded the notation on the deed as required under § 761.61(a)(8)(i)(A). A copy of the notation on the deed must also be submitted.

a. In the event that the deed notice will be in the form of an Environmental Use

Restriction (EUR) and where CTDEEP approval of the EUR language is outstanding, the City shall:

i) Within 60 days of completion of the cleanup activities, submit a copy of the draft EUR to EPA; and

ii) Within 30 days of receiving approval of the final EUR language from CTDEEP, submit to EPA a certification, signed by a City approving official, that it has recorded the deed notice as required under 40 CFR § 761.61(a)(8)(i)(A). A copy of the recorded EUR shall also be submitted.

21. The City shall submit a final completion report as an electronic version to the EPA within 60 days of completion of the activities authorized under this Approval. At a minimum, this final report shall include: a short narrative of the project activities with photographic documentation; characterization and confirmation sampling analytical results; copies of the accompanying analytical chains of custody; field and laboratory quality control/quality assurance checks; an estimate of the quantity of PCB waste disposed of; copies of manifests and bills of lading; and copies of certificates of disposal or similar certifications issued by the disposer.

22. Required submittals shall be mailed to: R1PCBS@epa.gov.

23. No record, report or communication required under this Approval shall qualify as a self-audit or voluntary disclosure under EPA audit, self-disclosure or penalty policies.

END OF ATTACHMENT 1

Attachment 2. Site Plan

Attachment 3. Concrete Removal Areas

Attachment 4. Soil Excavation Areas