THE NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY (NDEE) IS PROVIDING PUBLIC NOTICE OF A PROPOSED FINAL CORRECTIVE MEASURES (REMEDY) UNDER THE AUTHORITY OF THE NEBRASKA ENVIRONMENTAL PROTECTION ACT, NEB. REV. STAT., AND THE RESOURCE CONSERVATION AND REVOVERY ACT (RCRA), AS AMENDED, IN RESPONSE TO THE PROPOSED FINAL CORRECTIVE MEASURES.

Institutional controls under an environmental covenant are proposed for the Snyder Industries, Inc. facility due to the level of contaminations in groundwater that may pose a health risk. The environmental covenant will prohibit the use of groundwater as a potable water source and any future residential development of the site.

A printed version of these documents will be available for viewing at the Victor E. Anderson Branch Library located at 3635 Touzalin Ave in Lincoln Nebraska. Library hours are Monday - Thursday 10:00 am - 8:00 pm, Friday and Saturday from 10:00 am - 6:00 pm, and Sunday from 12:00 pm - 8:00 pm. Please notify the NDEE if alternate formats of materials are needed by April 1, 2020. Individuals requiring special accommodations or alternate formats of materials should notify the NDEE by calling (402) 471-2186. TDD users should call (800) 833-7352 and ask the relay operator to call the NDEE at (402) 471-2186. Further information may be obtained from Ed Southwick, Remediation Section, at (402) 471-4210

These documents can also be viewed online at http://dee.ne.gov/ by selecting “Public Notices” at the bottom, and once the Enterprise Content Management Portal page is displayed, entering 28870 in the “DEQ Facility Number” field and RCR in the “Program” field, then clicking “Search.”

Written comments must be received by the NDEE postmarked no later than April 8, 2020. The comments must be sent to:

Attention David Haldeman

Nebraska Department of Environment and Energy

P.O. Box 98922,

Lincoln, NE 69509-8922

INTRODUCTION

The Nebraska Department of Environment and Energy (NDEE) invites the public to review and comment on the proposed final corrective measures (Remedy) for the Snyder Industries, Inc. (Snyder) facility, located at

BACKGROUND

Snyder began operations in 1957 as a fiberglass repair business, and manufactured fiberglass bathtubs and showers until 1989, when it switched to producing plastic storage tanks, garbage container, and other molded plastic products.

The purpose of NDEE’s Statement of Basis is to summarize the risks posed by hazardous constituents at the facility and the proposed final corrective measures to address the risk.

THE CONTAMINATION

Environmental investigations have identified benzene, 1,1-dichloroethane, naphthalene, and vinyl chloride in groundwater at the facility, which could pose a human health hazard from ingesting groundwater or inhaling vapors in residential structures.

Institutional controls under an environmental covenant are proposed for the Snyder facility, due to the level of contaminants in groundwater that may pose a health risk. The environmental covenant will prohibit the use of groundwater as a potable water source and any future residential development of the site.

FOR MORE INFORMATION

The public is encouraged to review NDEE’s Statement of Basis and relevant reports and correspondence regarding the Snyder Industries facility and comment on the proposed final remedy. These documents are contained in the Administrative Record, and are available at the following location during normal business hours:

These documents can also be viewed online at http://dee.ne.gov/ by selecting “Public Notices” at the bottom, and once the Enterprise Content Management Portal page is displayed, entering 28870 in the “DEQ Facility Number” field and RCR in the “Program” field, then clicking “Search”

• Explain your views.

• Tell us if you support or disagree with the recommendation. Please be specific.

• Provide alternatives if you disagree.

A formal public hearing has not been scheduled, but will be held if there is sufficient public interest. Requests for a public hearing must be made in writing to the NDEE contact at the address listed below and must state the nature of issues to be raised at the hearing. NDEE will evaluate any request and hold a formal hearing if it finds that a hearing will contribute to the decision-making process by clarifying significant issues affecting the cleanup remedy. Comments or requests should be submitted by April 8, 2020.

CONTACT INFORMATION

If you have questions or want to receive a copy of the Administrative Record or further information, please contact:

Ed Southwick, RCRA and Federal Facilities Unit Supervisor

The Statement of Basis describes the proposed corrective measures (Remedy) for the Snyder Industries, Inc. (Snyder) facility located at 4700 Fremont Street in Lincoln, Lancaster County, Nebraska. The Nebraska Department of Environment and Energy (NDEE)¹ is issuing this Statement of Basis as part of its public participation responsibilities under the Resource Conservation and Recovery Act (RCRA).

Footnote 1 Effective July 1, 2019, the Nebraska Department of Environmental Quality (NDEQ) and the Nebraska Energy Office (NEO) merged to become the Nebraska Department of Environment and Energy (NDEE).

This document highlights information that is presented in more detail in the facility Administrative Record. The NDEE encourages the public to review these documents for a more complete understanding of the environmental issues at this site and the corrective action activities that are planned. The Administrative Record locations are noted at the end of this document.

PROPOSED REMEDY

The proposed remedy for this site is an environmental covenant, which is a type of institutional control that will prevent future exposure to on-site groundwater contamination. The environmental covenant will prevent any use of site groundwater and limit future site use to commercial or industrial.

FACILITY BACKGROUND

The Snyder facility consists of multiple building and structures on approximately 10 acres. The facility is bounded by railroad tracks to the north, commercial properties to the west and south, and residential to the east (see Figures 1 and 2). The facility began operations in 1957 as a fiberglass repair business. The company manufactured fiberglass bathtubs and showers until 1989. The facility switched to producing plastic storage tanks, garbage containers, and other molded plastic products.

The water table at the site is approximately 15 to 20 feet below the ground surface, and groundwater flows northwest towards Salt Creek. The uppermost aquifer consists mainly of unconsolidated Quaternary-aged sands, silty clays, and gravels of alluvial, aeolian, and glacial origin. Bedrock beneath the Quaternary sediments is comprised of interbedded marine shale, sandstone, and siltstone of the Cretaceous-aged Dakota Formation.² Borings of two wells within 0.6 miles of the site encountered the Dakota at a depth of 60 feet below the ground surface.³ Groundwater in Lincoln is used by only a few remaining private water wells for domestic purposes, none in the vicinity of the Snyder facility, and nearly all residents and businesses are connected to the public water, which is supplied by municipal wells 25 miles away, near the Platte River.

Footnote 2 Tetra Tech EM Inc. 2011. Sampling Investigation Report, Snyder Industries, Inc., Lincoln, NE. February 11, 2011

Footnote 3 Nebraska Department of Natural Resources. Registered wells G-113165 and G-1388891.

In 1990, Snyder installed groundwater monitoring wells for the closure of a RCRA waste acetone drum storage area and a petroleum spill (NDEC⁴ Spill #0205-DDB-1500). Several chlorinated volatile organic compounds (VOCs), which were not attributed to either the drum storage area or the petroleum spill, were detected in four of the wells above the maximum contaminant level (MCL) or risk-based remediation goals (RGs). The VOC contamination was determined to originate from the facility (on-site), but no specific sources were identified.

Footnote 4 Prior to July 15, 1992, the Nebraska Department of Environmental Quality (NDEQ) was named the Nebraska Department of Environmental Control (NDEC).

The petroleum spill investigation was completed in 1991. The NDEQ issued Snyder a no-further-action letter for the petroleum spill on March 12, 1991.

Snyder completed a RCRA “clean-closure” of a waste acetone drum storage area on April 18, 1994. However, in its April 28, 1994 letter approving the closure certification, NDEQ notified Snyder that EPA still needed to assess the site for the possible existence of other releases.

In 1990, sampling by the Lincoln-Lancaster County Health Department found VOC contamination in 12 domestic wells north-northwest of the Snyder facility. By 2000 all of the impacted residences were connected to city water. NDEQ and EPA named the contamination the North 44^th Street Groundwater Contamination Site (NDEE File ID: 73478 SF NED986374700) and conducted several investigations over the next 20 years in an attempt to determine its nature, extent and possible source(s). Based on these investigations, NDEQ and EPA identified Snyder Industries as a likely source of the contamination.

In 2010, EPA contracted Tetra Tech to investigate the Snyder property, which included the collection of several soil and temporary groundwater samples. The investigation found chlorinated VOCs at considerably lower concentrations than in 1990, but could not determine if contaminants were migrating off site. Tetra Tech’s report² concluded if contaminated groundwater was determined to be migrating beyond the Snyder property, the potential for vapor intrusion to downgradient buildings should be evaluated.

In January 2017, NDEQ received authorization from EPA to implement the RCRA corrective action program, and oversight of remaining Snyder RCRA issues was transferred from EPA to NDEQ.

In August 2017, at NDEQ’s request, Snyder performed an environmental investigation of their property to determine the current state of contamination in the soil and groundwater. Snyder collected soil and groundwater samples at multiple locations. The investigation found chlorinated VOCs at levels above Nebraska Voluntary Cleanup Program (VCP) Remediation Goals (RGs) at only one sampling location, and the report⁵ concluded off-site migration above the RGs was unlikely. The investigation detected low levels of fuel-related contaminants requiring no additional action, since they were attributed to the closed 1990 petroleum spill.

Footnote 5 Intertek PSI. 2017. Report of Soil and Groundwater Investigation, Snyder Industries, Inc. August 22, 2017.

In 2018, NDEQ confirmed all homes in the North 44th Street neighborhood were connected to city water and could not find any evidence that any remaining domestic wells were still being used for drinking or bathing. City ordinances restrict the construction of new private water wells or the reconnection of residential taps to existing private wells. For these reasons, the off-site groundwater ingestion pathway was eliminated.

In 1995, a soil gas sample was collected at the corner of Fremont and N 48^th street. The concentration of trichloroethene (82.2µg/M³) within that sample, if analyzed today, would exceed the residential subslab and exterior soil gas remediation goal of 16 µg/M³ for a long-term exposure and 67 µg/M³ for a short-term exposure of trichloroethene. This indicated there was and potentially still is a possible vapor intrusion concern for the residents within the adjacent apartment building east of the facility. The NDEE requested that Snyder Industries investigate the potential exposure pathway to determine if there is a current exposure concern to the resident of the apartment building. Snyder Industries submitted a report to the which indicated contamination found 25 years ago, in the absence of an ongoing source, would be expected to decline to levels that would not exceed the VCP indoor air vapor intrusion inhalation pathway value of 0.48 µg/M³. For this reason, the off-site vapor intrusion pathway was eliminated.

SUMMARY OF FACILITY RISKS

Although no risk assessment was performed for this site, the potential risks were determined by comparing media-specific sampling results to VCP RGs for both industrial and residential exposure scenarios.

Occurrence of Contamination

1. In soil, acetone, cis-1,2-dichloroethene, total petroleum hydrocarbons (TPH), 2-butanone (MEK), and diesel were detected below levels of concern in one or two borings. All soil analytical detections were below residential and industrial exposure RGs.

2. In groundwater, benzene, vinyl chloride, 1,1-dichloroethane, and naphthalene were detected at concentrations in excess of either the MCL or the residential vapor intrusion inhalation pathway via groundwater RG, or both, as summarized in the following table:

4. There are no on-site or off-site surface water bodies that could be impacted by on-site contamination.

Potential Routes of Exposure

1. Using groundwater at the site as a drinking water source could expose users to contaminants that exceed their respective MCLs.

2. Using the site for residential purposes could expose building occupants to potential indoor inhalation risks due to vapor intrusion from contaminated groundwater.

Factors affecting risks of exposure include:

1. No drinking water wells are present on the site, and there are no off-site wells currently impacted by contamination from Snyder. The City of Lincoln, Nebraska has mandated that it is unlawful to construct a water well for potable use within the limits of the City if a public water supply is available (Lincoln Municipal Code, Title 8 Health and Sanitation, Chapter 8.44 Water Wells). Snyder and the surrounding area are within the limits of the City of Lincoln and are connected to the city water supply.

2. The site is currently zoned commercial/industrial.

3. No current site-related risks to off-site receptors were identified, based on recent investigations.

4. No ecological receptors have been identified.

REMEDY OBJECTIVES AND SCOPE

Prior to making a final remedy decision at a Nebraska facility with groundwater contamination, NDEE evaluates and classifies the pollution occurrence in accordance with Title 118, Ground Water Quality Standards and Use Classification. NDEE ranks the groundwater pollution occurrence and determines preliminary required remedial actions based primarily on the impact of the pollution occurrence to groundwater utilized for drinking water supplies. The NDEE first designates a pollution occurrence as a Remedial Action Class 1 (RAC-1), RAC-2, or RAC-3 and then determines the minimum cleanup requirements based on the RAC classification and site-specific conditions. NDEE requires the most extensive groundwater cleanup, usually to MCLs, at RAC-1 and RAC-2 sites, in which the impacted groundwater is being used or has the potential for being used as a public water supply and private water supply, respectively; and the least extensive cleanup at RAC-3 sites, where the impacted groundwater is unlikely to be used as drinking water supply. The minimum cleanup requirement for a RAC-3 site is removal of readily removable contaminants, including free product if it is present. Additional cleanup at a RAC-3 site could be required in order to protect interconnected water bodies and aquifers having beneficial use or to reduce risks associated with human or ecological exposures.

NDEE assigned the Snyder groundwater pollution occurrence a RAC-3, because the contaminated groundwater is not impacting or threatening any existing drinking water wells and a city ordinance prohibits new domestic wells.

Restoration of the contaminated aquifer to its full beneficial use is not required due to: 1) the RAC-3 designation, 2) absence of free product or readily removable contaminants, 3) contamination does not threaten interconnected water bodies or aquifers having beneficial use, 4) contamination is expected to further decline and remain on-site and not expected to threaten any human or ecological receptors.

The proposed remedial action objective (RAO) is to prevent human exposure to remaining on-site groundwater contamination.

SUMMARY OF ALTERNATIVES

No alternatives to the proposed remedy were considered, because aquifer restoration is not required and preventing human exposure to remaining contamination (proposed RAO) can be easily accomplished with institutional controls.

EVALUATION OF THE PROPOSED REMEDY

For any corrective measure to be evaluated for implementation as a Final Remedy, details must be provided on how the selected remedy will satisfy the EPA’s four General Standards for Corrective Measures. These four corrective measures standards are identified as Overall Protection of Human Health and the Environment, Attainment of Media Cleanup Standards, Control the Sources of Releases and Compliance with Standards for the Management of Wastes.

The proposed remedy and institutional controls will meet the Overall Protection of Human Health standard by removing the exposure pathways. Overall Protection of the Environment, Attainment of Media Cleanup Standards, and Control the Sources of Releases standards will be met, because: 1) remaining contamination does not currently pose a threat to receptors or interconnected water bodies, 2) remaining contamination is expected to naturally attenuate over time, and 3) absence of a remaining source of contamination. The Compliance with Standards for the Management of Wastes standard does not apply, because wastes will not be generated.

No alternatives to the proposed remedy were considered. Therefore, NDEE did not evaluate the five selection decision “balancing” factors: Short-Term Effectiveness; Long-Term Reliability and Effectiveness; Reduction of Toxicity, Mobility, or Volume of Wastes; Implementability and Cost.

For sites like Snyder with limited contamination, institutional controls are an appropriate alternative to active remedial measures, provided they are enforceable, run with the land, and include activity and use restrictions that prevent unacceptable human exposure to the remaining contamination. One type of institutional control that contains these required elements is an environmental covenant prepared in accordance the Nebraska Uniform Environmental Covenants Act of 2005, which Snyder has agreed to draft and implement. The environmental covenant will prevent current and future exposures to remaining contamination by preventing use of groundwater for any domestic purposes and restricting the site to commercial and industrial use only.

PUBLIC PARTICIPATION

A printed version of these documents will be available for viewing at the Victor E. Anderson Branch Library located at 3635 Touzalin Ave in Lincoln Nebraska. Library hours are Monday - Thursday 10:00 am - 8:00 pm, Friday and Saturday from 10:00 am - 6:00 pm, and Sunday from 12:00 pm - 8:00 pm. . Please notify the NDEE if alternate formats of materials are needed by April 1, 2020. Individuals requiring special accommodations or alternate formats of materials should notify the NDEE by calling (402) 471-2186. TDD users should call (800) 833-7352 and ask the relay operator to call the NDEE at (402) 471-2186. Further information may be obtained from Ed Southwick, Remediation Section, at (402) 471-4210