22070_RSC Indian Trail_Decision Memo_20210202

DECISION MEMORANDUM DATE: February 2, 2021 FROM: Jordan Thompson
TO: BF Assessment File RE: RSC Indian Trail 600 Radiator Road Indian Trail, Union County
Brownfields Project No. 22070-18-090 Based on the following information, it has been determined that the above referenced site, whose intended use is for no uses other than industrial, office, retail, parking, and with prior written DEQ approval, other commercial uses, can be made suitable for such uses.
Introduction: The Brownfields Agreement pertains to a portion of Union County Parcel #07087007 and all of Union County Parcel #s M7069123 and N7069123. The Brownfields Property is industrial in nature and is located in a mixed use area with commercial, vacant land, and
residential uses in the vicinity. The Brownfields Property consists of approximately 73 acres and was historically undeveloped and agricultural land with residences present until 1972. At that time, Radiator Specialty Company (RSC) constructed portions of Building B and expanded the
building footprint through the early 1990s. Building A was constructed as separate buildings in the early 1990s and were joined into one building by the mid-1990s. Further additions were made to Building A in the early 2010s. RSC operated on the property to manufacture and package chemicals, for details see the Site History section below.
The Brownfields Property is currently developed with two industrial buildings. Building A contains approximately 100,000 square feet and is divided into three sub-areas (Buildings 7-9). Building A is utilized for office space, a laboratory, raw materials and finished product storage and distribution. Building B contains approximately 230,000 square feet and is divided into six sub-areas (Buildings 1-6). Building B is currently vacant except for
one office but until 2019 was utilized for product manufacturing, warehouse offices, and raw materials and finished product storage and distribution. In addition to the site buildings, the Brownfields Property also contains two separate aboveground tank farms (Tank Farm A and Tank Farm B) located north and northeast of Building B, respectively. A separate fire water tank and fire water pond are also located on the property. The
remainder of the Brownfields Property consists of vacant or agricultural land.
RSC began scaling down operations in May 2018 and ceased manufacturing operations on the Brownfields Property entirely in August 2018. Current on-site operations consist of office activities, storage of retail chemical products, laboratory testing, and operations of
recovery wells under a NC DEQ RCRA permit, as discussed in the site history section
below. Redevelopment Plans: The PD plans to up-fit and reuse the existing site buildings and lease Building B and portions of Building A for commercial and industrial use. Portions of Building A will also
be leased to the responsible party (RSC) for office, storage, and laboratory space. The PD has also indicated that undeveloped portions of the property may be redeveloped at a later date for commercial/industrial use. Site History:
a. Since initial construction of the Site buildings until August 2018, the Brownfields Property was utilized for the manufacture and packaging of chemicals. Production included aerosol and liquid chemicals for use in the automotive industry as well as general purpose chemicals such as cleaners, degreasers, lubricants, penetrants, and fuel treatment and cleaners. Wastes generated during manufacturing operations consisted of
ignitable wastes (mineral spirits, petroleum distillates, methanol, acetone), chlorinated solvents (tetrachloroethylene and methylene chloride), and corrosive liquids. b. Site operations included the use of two exterior tank farms that contained Aboveground Storage Tanks (ASTs) identified as Tank Farms A and B. The tank farms are currently being taken out of commission with the cessation of on-site manufacturing
operations; but previously consisted of approximately 90 aboveground storage tanks (ASTs) ranging in size from approximately 1,000-gallons to 35,000 gallons. Chemicals from the tank farms were pumped to the mix room within Building B for blending and blended products were then pumped back to the ASTs or to the production floor for bottling/packaging.
c. Between 1972 and 1987 as part of on-site waste water treatment operations, RSC operated two surface water impoundments in the northwestern portion of the Brownfields Property. The western impoundment is referred to as the Charlotte Impoundment, and the eastern impoundment is referred to as the Monroe impoundment. The impoundments were sampled in March 1986 by the NC DEQ Hazardous Waste Branch (now Section) and the
contents of the impoundments were found to be impacted with volatile organic compounds (VOCs). Following sampling, DEQ required that one of the impoundments be closed in compliance with RCRA regulations. In August 1987, a plan for the closure of both impoundments was approved by DEQ. Liquid waste within the impoundments was removed and disposed of off-site, and the impoundments were filled and capped. An
Activities and Land Use Restriction (ALUR) was recorded for the closed impoundments in December 1988 with the Union County register of deeds office that stated the property had been used to manage hazardous waste and was subject to 40 CFR Subpart G regulations. The ALUR is attached as Exhibit 3 to the Brownfields Agreement. A Post-Closure Permit was approved for the impoundments in September 1996 and the most recent
permit was issued in July 2010 that expires in August 2020 by the DEQ Hazardous Waste
Section (HWS). The Permittee listed on the HWS application is Radiator Specialty Company. As of the recordation of this Brownfields Agreement, a RCRA Permit renewal has been submitted to the DEQ HWS and is currently in review.
d. As part of the initial RCRA permitting process (1989), the US EPA conducted
a RCRA Facility Assessment (RFA) to identify areas of concern known as Solid Waste Management Units (SWMUs). Those SWMUs consisted of the following site areas: i. Mixing Room/Product Recycling Room (SWMU-1) – located in the northeastern portion of Building B, this area was previously utilized to mix chemical products. Previous investigations indicated that soil below the mixing room is impacted
with VOCs. A soil vapor extraction (SVE) system operated beneath this portion of the Site until 2019 (further discussed below), until it was shut down with HWS approval. Soil gas sampling in the area immediately south of the former mixing room in 2018 identified significant impacts of chlorinated solvents present. ii. Tank Farm A (SWMU-2) – located in the northeastern portion of the
Brownfields Property, previous investigations identified soil impacted with VOCs and semi-VOCs (SVOCs). In 1990, 55 cubic yards of impacted soil was removed from three areas within the SWMU; the soil excavation extended into the groundwater table/bedrock, confirmation samples did not identify remaining soil impacts in unsaturated soils. Two soil borings intersected the water table and saturated soils contained impacts of SVOCs
attributed to groundwater that were below Industrial/Commercial PSRGs. The area remains under active groundwater remediation from the current system on-site. The Brownfields Property is also listed on the DEQ AST database as Incident #795. No files were available on the DEQ LaserFiche portal and correspondence with the UST Section indicated that the release was listed as non-petroleum from an unknown source and that
multiple contaminants in soil and groundwater were present. A Proposed Remedial Action Plan submitted by the responsible party in 1989 outlined soil sampling in the vicinity of Tank Farms A and B that the PD indicated was likely the release in question. The on-site SVE and groundwater remediation system operated in this area as discussed below. iii. Tank Farm B (SWMU-3) – Located in the northeastern portion of the
Brownfields Property, previous investigations identified soil impacted with VOCs and SVOCs. In November 2007, a release was reported in the vicinity of a product line containing Liquid Wrench in the area of the tank farm and an adjacent rail spur. Impacted soils and accumulated liquids were excavated from the area in December 2007 and while confirmation soil sampling identified residual soil impacts remaining in place, DEQ
concurred that the impacts were primarily associated with historical releases. The existing SVE system was expanded to increase the area of influence in the vicinity of the release, until it was shut down in 2019. Follow up soil sampling was conducted in the area in 2018, which identified naphthalene above Industrial/Commercial PSRGs at 3.5 feet below ground surface.
iv. Tank Farm C (SWMU-4) – In 1988, RSC removed 5 Underground Storage Tanks (USTs) and closed two USTs in place in the northeastern portion of the Site in an area previously identified as Tank Farm C. The USTs contained kerosene, naphtha mineral spirits, Liquid Wrench, soap, ethanol, fine oil, and soap/kerosene. Previous investigations identified non-aqueous phase liquids (NAPL) in groundwater in the area of
the former USTs. A groundwater remediation system (as discussed above) is currently in
operation on-site to remediate groundwater impacts. v. Charlotte and Monroe Impoundments (SWMU-5 and SWMU-6) – The impoundments discussed above were identified by EPA as SWMUs and have post closure care requirements that all future property owners must maintain.
vi. Product Transfer Line Pad (SWMU-7) – A product transfer line pump
pad (PTLPP) and associated concrete pad were previously located to the east of Building B. The transfer line moved a product identified as Motor Medic from a railcar to Building B. Following construction of a new PTLPP adjacent to the existing PTLPP, excavation of impacted soils occurred in the vicinity of the former PTLPP. Prior to excavation, soils were sampled in the vicinity of the PTLPP, which identified total organic carbons as high
as 7,800 mg/kg in shallow soils (6 inches bgs) and as high as 400 mg/kg in deeper soils (18 inches bgs). Correspondence submitted to EPA from the responsible party dated May 8, 1992 included the above referenced soil sample results and stated that due to the viscous nature of the material present, that excavation of soils should remedy any impacts. Further correspondence was submitted to NC DEQ regarding the SWMU in December 1996
requesting that no further action be required for the SWMU. The SWMU is currently identified as NFA on the RSC RCRA Permit. However, no confirmation data following the removal of the impacted soils was identified during the Brownfields data review. vii. Water Processing Tank (SWMU-8) – A 30,000-gallon AST was previously located north of and adjacent to Tank Farm B. The AST was used to store
product and, later, as a recovery unit for spilled product and water storage for water based product manufacturing. Runoff contained within Tank Farms A and B were also pumped to the AST. During site characterization activities in the early 1990s, no evidence of a release was identified associated with the SWMU. The AST has since been removed from the Brownfields Property. An NFA was recommended for the SWMU and is identified as
such in the RCRA Permit. viii. Waste Containers (SWMU-9) – The EPA RFA identified a waste container and compactor unit to the east of Building B. The capacity of the waste container was 40 cubic yards and contained non-hazardous waste for removal to the Union County Landfill. No evidence of release was observed from this unit and no further action was
recommended by EPA dated October 17, 1989. ix. Septic Tank (SWMU-10) – While currently connected to the municipal sewer system, the Brownfields Property was previously connected to an on-site septic system that was utilized for wastewater treatment. The septic field is located in the northern portion of the Brownfields Property and was identified by EPA during site evaluations as
a SWMU. Based on a summary document prepared in March 1990, the septic tank operated from 1982 to 1989 and reportedly received domestic waste only. The summary document indicated that there was no reason to suspect a release had occurred to the septic system. No assessment data was identified in the vicinity of the septic tank, however, the tank has been identified as needing no further action by both EPA and the NC DEQ HWS
Section. Soil samples were collected in the vicinity of the septic tank area during Brownfields assessment activities in 2019. No impacts of VOCs, SVOCs, or metals were identified above Industrial/Commercial PSRGs, with the exception of arsenic, which is at a concentration that is likely naturally occurring. x. According to the most recent RCRA Permit (2010), SWMU-1 through
SWMU-6 are undergoing remediation via the above referenced groundwater remediation
system, and SWMU-7 through SWMU-10 require no further assessment at this time. f. Following completion of the impoundment closures and as a result of the above referenced contamination identified, RSC initiated soil and groundwater remedial activities on the Brownfields Property. Soil remedial activities have included focused soil
excavation and operation of two soil vapor extraction (SVE) systems from 1992 to 2019.
Operation of the SVE systems ceased in 2019 with the approval of the DEQ RCRA Program due to limited effectiveness of the system. In addition, since 1994, RSC has operated a groundwater extraction and treatment system to remediate groundwater impacts. The groundwater remediation system consists of four recovery wells (RW-1 through RW-4) located along the northeastern property boundary, which range in depth from 110 to 500
ft below ground surface (bgs). Extracted groundwater is transferred to an equalization tank in Tank Farm A then to an air stripper for removal of VOCs. Prior to 2009, treated groundwater was discharged to the City of Monroe municipal sanitary sewer; however, discharge ceased due to capacity issues at the municipal treatment facility. Currently, treated groundwater is discharged to an area in the northwestern portion of the Brownfields
Property that discharges into an unnamed tributary of the South Fork Crooked Creek via a National Pollutant Discharge Elimination System (NPDES) permit (Permit # NC0088838). The discharge location is required to be sampled monthly as part of the NPDES Permit. The two most recent available sampling events from April/May 2020 did not have flow for sampling.
g. In addition to the SWMU sources of impact on the Brownfields Property, there are additional groundwater impacts on-site without a defined source. Fourteen on-site monitoring wells are sampled annually in accordance with the RCRA permit for the property. Results of groundwater assessment activities indicate that the primary compounds of concern in groundwater are 1,4-dioxane, PCE, 1,1-DCA, and 1,1-
dichloroethene (1,1-DCE). Groundwater impacts are primarily located in the northeast and eastern portion of the Brownfields Property and are migrating to the northwest. h. Radiator Specialty Company (“RSC”) is the current holder, “permittee,” and “operator” of the RCRA Permit and has sole responsibility for all activities required by the RCRA Permit. RSC established a trust pursuant to a Trust Agreement dated May 30, 2017
based on a post-closure and corrective action cost estimate of $1,656,133.83 to satisfy the financial assurance requirements under the RCRA Permit (the “RCRA Trust Fund”). The intent of the RCRA Trust Fund is to provide funds for the costs and expenses associated with the completion of the work required under the RCRA Permit for the next thirty years if RSC fails to perform such work. The amount of financial assurance is evaluated annually
and adjusted accordingly if necessary. For 2019, the annual cost of completing the work required under the RCRA Permit was calculated to be approximately $50,000. i. Brownfields assessment activities were completed in September/October 2019 and follow up activities were completed in November 2019 and documented in a report submitted in February 2020. Brownfields assessment activities included the collection of
soil, groundwater, sub-slab soil gas, and indoor air samples to evaluate potential on-site risks not characterized by previous assessment activities or to collect current data from known areas of concern. The report indicated the following: i. Soil impacts of metals at potentially naturally occurring concentrations east adjacent to Building B and in the vicinity of Tank Farm B;
ii. Groundwater sampling results were consistent with previous sampling
events with concentrations of VOCs, SVOCs, and RCRA Metals above 2L Standards and in the case of VOCs, certain constituents were above non-residential VISLs. Exhibit 2 outlines trends in groundwater concentrations over time. One temporary monitoring well was installed downgradient of Building A that did not identify impacts above 2L Standards.
iii. Sub-surface soil gas samples collected beneath the site buildings
identified impacts of VOCs beneath Building B in excess of Non-Residential Vapor Intrusion Screening Levels (VISLs); impacts were not identified beneath Building A above Non-Residential VISLs; iv. Indoor air samples were collected from within Building B that identified impacts of VOCs above Non-Residential Indoor Air Screening Levels (IASLs) in the
northern portions of the building (Identified as Buildings 1-3). Note that man doors and rollup doors between interior buildings were closed during sampling events, and that future tenants may open/rent more than one interior building. All future building configurations will need to be carefully considered for potential VI concerns. x. A Brownfields Receptor Survey was completed as part of the 2019
assessment activities. An on-site stormwater pond was identified in the southern portion of the Site that has a concrete lined base. Residences were also identified in the vicinity of the property with the nearest residence being located 50 feet west of the property boundary. Water supply wells were also identified in the vicinity of the Brownfields Property that appeared to be up/cross gradient. Historically, there were water supply wells located on
the downgradient Harris Teeter property that the 2019 receptor survey indicated were out of use and that no wells were observed on their property during assessment activities. Potential Receptors: Potential receptors are: construction workers, on-site workers, visitors, and trespassers.
Contaminated Media: DEQ has evaluated data collected from the following media at the subject property: soil, groundwater, surface water, sub-slab soil vapor, and indoor air. DEQ relies on the following data to base its conclusions regarding the subject property and its suitability for
its intended reuse.
Soil The most recent soil assessment was completed on the Brownfields Property in October 2019 as part of Brownfields assessment activities. Soil samples were collected adjacent to
a fuel oil AST containment system, downgradient of boiler rooms within Building B, downgradient of Tank Farm B, within the footprint of the former septic system, and as background samples. With the exception of arsenic detected at what are likely background concentrations, no metals were identified above Industrial/Commercial PSRGs. The risk calculator summary below outlines the calculated risk for the highest concentrations
detected across the Site during the most recent sampling event. In June of 2018, two soil samples were collected in the vicinity of Tank Farm B. Samples were collected at nearby locations to a sampling event conducted in 2008. The 2018 soil sampling data did not identify impacts above Industrial/Commercial PSRGs, with the
exception of naphthalene. The risk calculator summary below outlines the calculated risk
for the highest concentrations detected from the 2018 sampling event of Tank Farm B. Additional soil sampling has been completed on the Brownfields Property in the vicinity of certain SWMUs. However, due to the length of time that an SVE system was in operation
on the Brownfields Property, the previously detected concentrations of impacts are likely
to no longer be present. Note Land Use Restriction in the Brownfields Agreement that states no soil disturbance on-site without prior DEQ Brownfields approval, and no disturbance of SWMU areas without DEQ Brownfields and HWS approval.
Groundwater
Groundwater is sampled annually as part of the RCRA permit requirements. The most recent RCRA sampling event occurred in first quarter 2020; however, sampling data for that event has not been reported to DEQ as yet. A sampling event was not performed in 2019 as an extension was granted from DEQ to the responsible party, RSC. The most recent sampling event for which data was reported to the DEQ HWS Program was completed in
2018. Brownfields assessment activities also included groundwater sampling in September 2019. Groundwater is impacted on the Brownfields Property predominantly to the north and east of Building B and the plume is migrating to the northwest toward the South Fork Crooked
Creek (off-site). Impacts in groundwater consist of VOCs, SVOCs, and metals above 2L Standards and in the case of VOCs, above Non-residential VISLs. A groundwater remediation system is in place and continues to operate on-site.
The risk calculator summary below outlines the calculated risk for the highest concentrations in groundwater detected from the 2018-2019 sampling events site-wide.

Surface Water There is a stormwater pond with a concrete base in the southern portion of the Brownfields
Property that is utilized as a fire suppression supply pond. The pond was sampled in 2018 by RSC and analyzed for TPH-O&G, DRO, and GRO. Sample results were all non-detect. Despite not having full parameter analyses for surface water in the fire pond, based on location, use, and presence of concrete within the structure, no risk was identified in association with the feature.

Soil Vapor Based on the current planned reuse of the existing site buildings, soil vapor was not sampled on the Brownfields Property. However, note that all future planned buildings should have soil gas samples collected as part of site preparation.

Sub-Slab Vapor As part of the Brownfields assessment activities in 2019, soil gas was sampled beneath the existing site buildings. As discussed above, Building B is comprised of buildings 1-6, and Building A is comprised of buildings 7-9. Six samples were collected beneath Building B
and three samples were collected beneath Building A. Significant impact of VOCs above
non-residential SGSLs were identified beneath Building B, with the highest concentrations being in the northern portion of the building and decreasing further south, away from former mixing and production operations. No exceedances of Non-Residential SGSLs were reported beneath building A.

The risk calculator below outlines the Soil Gas to Indoor Air Non-Residential risk for Buildings A and B, and also evaluates for individual buildings within Building B.

Indoor Air Based on the exceedances of soil gas non-residential criteria beneath Building B, indoor
air sampling was completed in late 2019 within Building B. Prior to indoor air sampling, floors were washed and larger cracks filled with a non-VOC floor caulk within Buildings 1 and 2. Sample results identified impacts of VOCs above Non-residential IASLs within Buildings
1-3 of Building B. Risk calculations (outlined below) identified a non-residential exposure risk within Buildings 1 and 2. Note that, for the indoor air sampling event, rollup and personnel doors separating the buildings within Building B were closed. Thus, indoor air impacts within the northern units
within Building B have the potential to migrate into other areas of the building, depending on door configurations. The PD team is in the process of preparing and executing a pilot test within Buildings 1 and 2 to better outline mitigation options and have indicated results will be reported to DEQ.

Risk Calculations The DEQ Risk Calculator was developed to evaluate the risk of multiple contaminants and multiple exposure routes associated with contaminated environmental media at a site. The risk evaluation procedures, equations, and default parameters used to create the calculator follow the current USEPA risk assessment guidance. The DEQ Risk Calculator dated
November 2019 was used to evaluate the following. The Brownfields Property was evaluated for most recent groundwater data, recent soil sampling events, and by building/sub-building for sub-slab soil gas/indoor air. The risk calculations indicated the following based on available data, including the following
media: groundwater, soil, sub-slab soil gas, and indoor air:
Medium Site Area
Non-Residential
LICR HI
Groundwater Exposure Site Wide Highest 5.7 E-04 3.9
Groundwater to Indoor Air Site Wide Highest 5.3 E-05 0.81
Soil Gas Building A – Highest 3.0 E-07 0.034
Soil Gas Building B – Highest 2.1 E-04 54
Soil Gas Building B-1 6.6 E-05 14
Soil Gas Building B-2 1.8 E-04 49
Soil Gas Building B-3 2.2 E-07 0.062
Soil Gas Building B-4 2.0 E-05 5.3
Soil Gas Building B-5 8.6 E-07 0.26
Soil Gas Building B-6 3.7 E-07 0.093
Indoor Air Building B 3.9 E-05 5.4
Indoor Air Building B-1 3.2 E-05 3.6
Indoor Air Building B-2 3.7 E-05 4.9
Indoor Air Building B-3 1.3 E-05 0.38
Indoor Air Building B-4 7.2 E-09 0.0099
Indoor Air Building B-5 6.4 E-08 0.026
Indoor Air Building B-6 2.1 E-08 0.021
Soil Most Recent Site Wide (2019) 5.7 E-06 0.045
Soil SWMU-1 (2018) 2.5 E-06 0.1
Red shading LICR> 1E-04 or HI> 1.
LICR = Lifetime Incremental Cancer Risk HI = Hazard Index Based on the above referenced risk calculations, additional assessment/mitigation is needed prior to approving occupancy of Building B. Note that one office is occupied within
the building by an RSC employee. Land Use Restrictions, summarized below, outline areas of the Site that shall not be disturbed without DEQ and HWS approval (i.e. SWMUs). Further, any additional areas of the site targeted for redevelopment shall need further soil sampling prior to earth moving
activities and to determine appropriate future use. Property Management Unit - Note Indoor Air exceedances in Building B that will need to be properly mitigated. - No soil movement without Brownfields approval, and where necessary, HWS
approval. - Current HWS Project Manager is Robert McDaniel/Jenny Lopp, RCRA Financial Assurance Program Analyst - Language in the agreement regarding responsible party requirements and for owners of the property in the future.
Required Land Use Restrictions: Based on the site-specific data provided to the Brownfield program, the site reuse is suitable for the site as long as the agreed upon land use restrictions in the BFA are abided by as well as those previously recorded in the Union County Register of Deeds.
Notes: Blue text are LURs with comments in agreement. Gold text is LUR proposed by PD Attorney - No child/adult care
- Future owners shall comply with RCRA Permit - Maintenance of cover over capped SWMU-5 and -6 - PD may be required to complete monitoring/remediation should responsible party cease to do so
- Escrow funds shall be used by then property owner to complete site work should the
responsible party fail to complete tasks required by the RCRA Program - No alteration/disturbance of the slab without prior DEQ approval - Groundwater may not be used for any purpose other than in compliance with remediation efforts - Soil disturbance shall be in accordance with DEQ Brownfields, and where applicable,
HWS approval - Soil import/export requires DEQ approval - Vapor mitigation considerations shall be taken into account prior to site building occupancy - Surface water shall not be used except for storm water and in accordance with NPDES
permit - Notification to DEQ of planned building demolition required - All USTs/ASTs not in use for groundwater remediation shall be removed within 180 days of the effective date of the agreement - EMP required for future redevelopment
- Redevelopment summary report required annually for as long as redevelopment occurs - DEQ shall be allowed access - Deed conveyance of the Notice of Brownfields Property - Maintenance of existing LURs - Known contaminants may not be kept on the Brownfields Property, notable exception is
for storage subject to an SPCC plan in areas not known to be impacted with same constituents. - Maintenance of monitoring wells - LURU submittal
Data from 2019 Assessment for soil (site wide); indoor air and soil gas (highest within
Building B); and most recent (highest) GW Data between 2018/2019 sampling events

2018 Soil Data From Beneath SWMU-1 Floor

Highest Soil Gas Sample Results within Building A

Building 1 Soil Gas

Building 1 Indoor Air

Building 2 Soil Gas

Building 2 Indoor Air

Building 3 Soil Gas

Building 3 Indoor Air

Building 4 Soil Gas

Building 4 Indoor Air

Buiding 5 Soil Gas

Building 5 Indoor Air

Building 6 Soil Gas

Building 6 Indoor Air