EPA v. NAVAL EDUCATION & TRAINING CTR - NEWPORT

Case summary

FEDERAL FACILITY AGREEMENT: NAVAL EDUCATION & TRAINING CTR-NEWPORT #RI6170085470 01/25/2024: This third ESD modifies the OU3 ROD by updating the applicable groundwater criteria for the site to RIDEM GB Groundwater Objectives and federal nonpotable risk-based standards for Site groundwater and as a result of the application of these standards, removing the groundwater monitoring requirement. As an administrative detail, the applicable or relevant and appropriate requirements (ARARs) for the State of Rhode Island that are associated with the remedy are updated with the State's current citations. Institutional controls to prevent drinking water use required by the ROD will still be maintained. 03/27/2017: The ROD for OU13 originally called for limited soil excavation and off-site disposal of 130 cubic yards of surface soil exceeding Industrial Remedial Goals (RGs), including RIDEM GA Leachability Criteria, at DU 1-1. After additional remedial design sampling it has been estimated that an additional 774 cubic yards of contaminated soil will required excavation and off-site disposal. The modification of the response action is documented in the ESD. The selected remedy will allow for continued industrial and restricted recreational use, which is consistent with the anticipated future uses for the site. FY2016: This ESD supplements the 2014 ROD to expand the area of OU12 groundwater Monitored Natural Attenuation (MNA) remedy (approximately 41 acres) to include the adjacent, 8 acre Site 4 at the southern end of the OU. It is estimated that through MNA approximately 107,255 cubic yards of groundwater within Site 4, contaminated with arsenic, chromium, cobalt, iron, and manganese, will achieve groundwater cleanup standards within 30 years. The ESD also establishes a groundwater cleanup standard of 100 uG/L for chromium (which is the federal MCL) as part of the OU12 remedy. FY2016: This ESD supplements the 2014 ROD to expand the volume of soil excavation from an estimated 89 cubic yards to 4000 cubic yards. FY 2016: ROD Limited soil excavation and off-site disposal of surface soil exceeding Industrial Remedial Goals (RGs), including RIDEM GA Leachability Criteria, at DU 1-1 (estimated to be 130 cubic yards). Limited soil excavation and off-site disposal of surface soil exceeding Industrial and Ecological RGs, including RIDEM Leachability Criteria, at DU 1-2 and 1-3 (estimated to be 20 cubic yards). Land use controls (LUCs) to prevent residential and other unrestricted use and to prevent access to soil in excess of the Residential RGs [approximately 54,000 sq ft]. LUCs will also be established for under the structures at each of the areas in the event that currently inaccessible soil exceeds risk thresholds and becomes accessible if the buildings are demolished. ?If and when electrical transformer vaults at DU 1-2 and 1-3 are demolished in the future, the demolition will meet TSCA protectiveness standards so as not to create a threat of release to the environment. These response actions are documented in the ROD, to be supported by subsequent site inspections and five-year reviews per CERCLA requirements. The selected remedy will allow for continued industrial and restricted recreational use, which is consistent with the anticipated future uses for the site. 7/2/20 ROD for OU10 9/30/20 ROD for OU09

Defendants (1)

• NAVAL EDUCATION & TRAINING CTR NEWPORTNamed in complaintNamed in settlement

Facilities (1)

• NEWPORT NAVAL EDUCATION & TRAINING CENTER

  DEFENSE HIGHWAY (BURMA RD.), NEWPORT, RI, 02841

  Registry ID: 110071100066

Statutes cited

• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (18)

• NAVAL EDUCATION & TRAINING CTR - NEWPORT (OU 3)entered 2012-08-26

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT - OU09entered 2020-09-30

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT OU 12entered 2014-09-16

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT (OU3)entered 2010-09-28

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT Gould Island OU6entered 2014-06-30

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT OU6entered 2016-09-21

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT Tank Farm 1 OU13entered 2016-09-21

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT - OU10entered 2020-07-29

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT - ESD OU3entered 2024-01-25

  Primary law: CERCLA

• NAVAL EDUCATION & TRAINING CTR - NEWPORT OU1entered 2007-10-31

  Primary law: CERCLA

Timeline (3 milestones)

• 1992-03-23Complaint Filed/Proposed Order
• 2006-09-16Enforcement Action Data Entered
• 2024-01-25Final Order Issued