EPA v. NAVAL CONSTRUCTION BATTALION CTR-DAVISVILLE

Case summary

FEDERAL FACILITY AGREEMENT: NAVAL CONSTRUCTION BATTALION CTR-DAVISVILLE RI670022036 9/28/21 ESD: *The remedial goals for soil and groundwater in the June 2014 Record of Decision (ROD) (based on the restoration of groundwater to beneficial use as a potential drinking water source (i.e. federal drinking water MCLs and RIDEM GA Groundwater Objectives) were modified in the ESD to reflect RIDEM's 2018 classification of groundwater at OU 9 (Site 16) as low use and value and applicability of GB Groundwater Objectives and Soil Leachability Criteria. As a result, State and federal risk-based remedial goals were developed based the restoration of groundwater to beneficial use as a non-drinking water aquifer and potential risks via human contact or vapor exposure; � Several RAOs and ARARs in the June 2014 ROD were added, modified or deleted based on the amended State and/or federal risk-based remedial goals; � Land-Use Controls (LUCs) included in the June 2014 ROD have been developed and will be implemented to prohibit residential use of the site and prevent exposure to contaminants of concern in soils and groundwater that exceed amended State and federal risk-based remedial goals; � A draft update to the 2018 Site-wide LUC implementation plan (LUCIP) was issued in May 2021 for RIDEM and EPA review that incorporates the ROD-required LUCs, as amended by ESD; � Use of groundwater for any purpose (except for groundwater monitoring) is prohibited, unless authorized in advance by Navy, EPA and RIDEM; � Soil excavations must be performed in accordance with a health and safety plan and soil management plan approved, in advance, by Navy, EPA and RIDEM; � Construction and occupation of any future buildings is prohibited unless: 1. An investigation, concurred upon by Navy, RIDEM and EPA, confirms that risks to human health from vapor intrusion are within acceptable limits; and, 2. Navy, RIDEM and EPA concur on the design of a vapor mitigation system for the building and confirm that the vapor mitigation system is installed and operating properly and successfully. � Annual inspections will be conducted to verify compliance with the LUCs; � Annual monitoring will be performed in coordination with the LUC inspections to confirm that site conditions remain in compliance with the LUCIP and SMP, as required by EPA and RIDEM; � LUCs will be incorporated into any leases or other agreements the Navy has with third parties operating within the OU during the period the Navy owns the property; � LUCs will be included in the deed and recorded as �Environmental Land-Use Restrictions� (ELURs) in accordance with State of Rhode Island recording standards; � These response actions are documented in the 2014 ROD, as amended by this (2021) ESD, to be supported by subsequent site inspections and five-year reviews per CERCLA requirements; and � The selected remedy is consistent with current uses, anticipated future uses, and the overall former NCBC Davisville cleanup strategy to cleanup sites to achieve compliance with CERCLA and allow for the beneficial reuse of the sites. 3/25/21 ROD entered for OU7 6/23/2014: Operable Unit 9 removal & LUCs

Defendants (1)

• NAVAL CONSTRUCTION BATTALION CTR-DAVISVILLENamed in complaintNamed in settlement

Facilities (1)

• NAVAL CONSTRUCTION BATTALION CENTER

  1330 DAVISVILLE ROAD, NORTH KINGSTOWN, RI, 02852-1796

  Registry ID: 110071100065

Statutes cited

• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (3)

• NAVAL CONSTRUCTION BATTALION CTR-DAVISVILLE - OU-9entered 2021-09-28

  Primary law: CERCLA

• NAVAL CONSTRUCTION BATTALION CTR-DAVISVILLEentered 2021-03-25

  Primary law: CERCLA

• NAVAL CONSTRUCTION BATTALION CTR-DAVISVILLEentered 2014-06-23

  Primary law: CERCLA

Timeline (3 milestones)

• 1992-03-23Complaint Filed/Proposed Order
• 2006-09-16Enforcement Action Data Entered
• 2021-09-28Final Order Issued