Document MGLrdRrMgmEBLewdkEm76gLZk

FOR SETTLEMENT PURPOSES ONLY - SUBJECT TO Rule 408, FRE Pre-RD Sampling - Key Issues: Comprehensive Package Proposal by the Pre-RD Group 9-5-17 Issue TECH N ICA L COC's Pre-RD Group Position (as reflected in document revisions 8-23/25 and 8-28-17 Presentation) EPA Position (as of 8-31-17 Call) Focused COC's only Full ROD lists (Table 17) of CO C's by m edia / biota - to be done by Pre-RD Group or through split sam ples Surface Sediment Sample Numbers Keep SM A and baseline integration with 580 sam ples EPA w ants only random ized baseline sam ple locations (424 unbiased) Downtown/Upstream Reach Subsurface Sediment Coring 40 sedim ent sam ples in co m b in ed background (upriver) areas (20 & 20); 25 SM B fish tissue sam ples 2 feet sam ple increm ents AOC/LEC3AL Work Takeover Delete Not discussed on call; prior EPA Region 10 position is separate reaches; 60 sedim ent sam ples (30 & 30); 40 SM B fish tissue sam ples (20 in each segm ent) Not discussed on call; prior EPA Region 10 position is 1 foot increments N eeds to stay in A O C; W illin g to m odify so that subject to dispute resolution with Regional Adm inistrator as final decision m aker for this particular item Costs No NRD T ru s te e /T rib a l oversight costs; cap on EPA costs at $1.5M ; no past costs related to developm ent of Agree on cap at $2.5M ; no direct paym ent for Tribal oversight costs, but could be included indirectly as assistance grants within the cap lim it; did not address the past costs Comprehensive Package Proposal W illing to accept EPA's position to include full list of CO C's by m e d ia/b io ta per T a b le 17 of RO D in Pre-RD Group scope as part of com prehensive package; PDI Report to evaluate data for purpose of lim iting list of CO C's for future m onitoring rounds W illing to accept EPA's position on num ber of unbiased sample locations as part of com prehensive package Retain com bined DTR/USR (one background dataset) with 40 sam ples. EPA can use them as 20 & 20 if they w ant to evaluate DTR and USR separately Limit to 2 feet intervals; 1 foot intervals are unnecessary and will add tim e and cost A gree to leave in A O C subject to dispute resolution, but final decision m aker needs to be at EPA HQ (Adm inistrator or Adm inistrator's Designee); w ork takeover w ould constitute a term ination of the AOC and parties w ould have no future obligation (including no obligation to fund w ork taken over by EPA going forw ard ) A gree on $2M cap (red u ctio n in com parison to EPA proposal takes into acco u n t th at Pre-RD G ro u p is assum ing significant increase in costs due to w illingness to accept EPA position on threshold technical issues as described above); [ PAGE \* MERGEFORMAT] Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00115474-00001 FOR SETTLEMENT PURPOSES ONLY - SUBJECT TO Rule 408, FRE Dispute Resolution Work Plan Termination of Order Data Usage/Report EPA's sam pling plan ($270K); need clarification on cooperative/technical assistance grants to Tribes Technical disputes subm itted to im partial peer review panel selected by CSTAG Chair with recom m endations by EPAand Respondents; any party can seek a reconsideration of the peer review panel's determ ination by the Adm inistrator's Designee w ho will m ake the final decision Needs to be agreed and attached to AOC/Statement of W ork prior to signing Except for certain sections that survive term ination, W ork requirem ents term inate when respondents subm it PDI Report Critical that included No peer review panel; third party review by CSTAG Chair. Under the last EPA draft of the dispute resolution provision, all disputes w ere decided by the Director or Associate Director of the Region 10 Office of Environm ental Cleanup with disputes on a narrow group of deliverables (W ork Plan, QAPP, and Sam pling Plan) subject to subm ission to CSTAG Chair for evaluation prior to final decision by such Director/Associate Director. Deliverable post-signing; will agree to a 30-day review for com pletion EPA must agree that W ork has been com pleted; willing to subject that determ ination to dispute resolution W as not addressed on call assistance grants and any past EPA costs are within the cap All disputes to be resolved by final decision m aker at EPA HQ (Adm inistrator or Adm inistrator's Designee); process for technical disputes will include a review and evaluation by the CSTAG Chair who will subm it a report and the Respondents shall have the opportunity to sim ultaneously provide an evaluation by an independent peer review panel that they establish, all w ithin sam e, set tim efram e; tolling of penalties and deliverables schedule during dispute resolution process A greem ent in principle reached on outstanding issues first w eek of Septem ber; W ork Plan finalized within 25 days and needs to be agreed and attached to AO C/Statem ent of W ork prior to signing AOC term inates on com pletion of the W ork; disagreem ent on whether W o rk has been co m p leted is su b je ct to the dispute resolution provisions Confirm agreem ent on data evaluation as set forth in the proposed W ork Plan including: - Refinem ent of the CSM; - Refinem ent of sedim ent recovery curves; - Re-calculation of Site-wide and segm ent-w ide surface sedim ent SW ACs; - Assessm ent of fish hom e ranges used in the FW M ; [ PAGE \* MERGEFORMAT] Sierra Club v. EPA 18cv3472 NDCA Tiers 8&9 ED 002061 00115474-00002 FOR SETTLEMENT PURPOSES ONLY - SUBJECT TO Rule 408, FRE Scope Increase Any change to scope m ust be m utually agreed; no EPA right to unilaterally require additional sam ples; split-sam ples lim ited to QA/QC W as not addressed on call - Assessm ent of m onitored natural recovery potential; - Evaluation of current (2017/2018) upstream background concentrations; - Update the active rem edial footprint; and - Refine understanding of the FWM and update calculations of baseline fish consum ption risks Confirm that Pre-RD Group position as reflected in 8-23 A O C m ark-up has been accepted Sierra Club v. EPA 18cv3472 NDCA [ PAGE \* MERGEFORMAT] Tiers 8&9 ED 002061 00115474-00003