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, Bruce King ig""'# ' ' GOVERNOR 1

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"A" "AH STATE OF NEW MEXICO George 5. Goldstein, Ph.D. ,

'~h * ENVIRONMENTAL IMPROVEMENT DIVISIONH- P.O. Box 968, Santa Fe, New Mexico 87504-0968*E MENT J 505) 984-0020 Lorry J. Gordon. M.5.. M.P.H.

E. Russell F. Rhoa(des . M.P.H., Director DEPUTY 5ECRETARY I

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I'MEMORANDUM

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November 3, 1982|

'ID: Dale Patrick, Chief, Program Support Bureau

THROUGH: Charles Nylander, Chief, Water Pollution Control Bureau

FROM: David Tague, Surveillance and Standards Section

SUBJECT: Documentation of Staff Time Devoted to the Study of ToxicOrganic Pollution in the Albuquerque South Valley

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I am requesting help from Phil Martinez in determining the total costof salaries and fringe benefits incurred by the Division since October1, 1980, for staff time devoted to the toxic organic problem in Albu- jquerque's South Valley. The individuals involved within the Water Pol-lution Control Bureau are Dennis McQuillan and Steve Oppenheimer. Theirtime spent in this effort is indicated on the attached DAR quarterly I

reports. 1

This request is prompted by recent action taken by 'the U. S. Environ-mental Protection Agency, Region VI, under authority of the "Superfund iAct." In this action, the EPA is seeking to initiate a voluntary clean- '

up process by the parties potentially responsible for the documentedpollution of the City's San Jose 6 v,ter supply well. Concurrently,Region VI has requested $350,000 f1om EPA Headquarters for further in-vestigation and feasibility studies. A State / EPA Cooperative Agree-ment would require a 10% State match of in-kind services in order to I

qualify for the use of superfund trust monies (see attached letter I

from EPA to the Director). Accordingly, I am proceeding to documentthe State's contributions of personnel, services, and equipment charge-able to the South Valley study since October 1, 1980, the effectivedate of the Superfund Act.

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9804200179 821103 IPDR ADOCK 04008907 i

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EQUAL OPPORTUNITY EMPLOYER J

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* ps~~,7.) J V>f,.sth 9 L NITED STATES ENVIRONMENTAL PRO 'ECTION AGENCY

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REGION VI

% ,.vt f 209 ELM STREET

DALLAS. TE XAS 75270~L."!ED

SEP 7 1982 SEp y g

80gjySOffice

Russell F. Rhoades, Director

'/ /Environmental Improvement Division .

#New Mexico Health & EnvironmentalDepartment <

P.O. Box 968 OF -

Santa Fe, New Mexico 87504

Dear Mr. Rhoades:

On August 3, members of my staff met with Cubia Clayton, Roy McKeag,Ray Sisneros and Bruce Garber to discuss future actions at the SouthValley area in relationship to the Superfund program. At the request

of your staff, I would like to summarize the meeting and the actionsthat have been taken due to that meeting.

As a result of the State designating South Valley as its number onepriority, it was added to the National Interim Priority List onJuly 23,1982. The site is therefore eligible for action under theComprehensive Environmental Response, Compensation, and LiabilityAct(CERCLA). There are three options for taking action at anySuperfund site; 1) Voluntary clean-up by the responsible partyusing private funds 2) State lead clean-up using trust fund moniesin accordance with a Cooperative Agreement or 3) EPA lead clean-upusing trust fund monies in accordance with an EPA / State Contract(the last two options require State match). Voluntary clean-upand State lead were discussed as the preferred options and it wasagreed that those options will be pursued concurrently; however, aCooperative Agreement can not be awarded until the responsibleparties have refused to participate. With the assistance of yourstaff, we have initiated these concurrent actions.

To initiate the voluntary clean-up process, we have developed a listof potentially responsible parties. These parties will receive anotice letter that informs them of their potential liability and givesthem the opportunity to meet with us and consent or refuse to partici-pate in investigation and feasibility studies. If they refuse to par-ticipate, the State and EPA can enter into a Cooperative Agreement andthen again extend the option for potential responsible' party involvementat the end of the feasibility phase.

To initiate the State lead or Cooperative Agreement process, we have sub-mitted a request to EPA Headquarters for $350,000 to be set aside fromthe fund for investigation and fecsibility studies at South Valley. Our

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headquarter's counterparts will review our request and balance its '|priority with that of other sites in the nation. $350,000 representsa ceiling estimate that was determined at the August 3rd meeting. If ,

approved, it will allocate-a-maximum of'$250,000-for investigationstudies and $100,000'for feasibility studies. Pursuant t'5' CERCLASection D4(t)(3),theStatewillberequiredtoprovide10%oflhecost-ofs) investigation and feasibility or a maximum of $35,000 assumings

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that the land is privately owned. The 10% State share can be made through// confributions of oersonnel, services or equigment. n tn'e TfaTe'hYoW5e's \

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/ personnel, services W equiprn'e'7it"T[erfht DT Adqqu g dogyman,t.atipp

the gogds_ is not beina clgjpg4jtLygt,qh,,(gt;&gm.e.,gtTer RerthgJEug.pf7 Ig.t_S,_t,ptgfyp.dsareprovidingthesegoodsandthatlt Jo show d ,

ai prqgran). ]While such contributions are allowable, it is possible that iTthe Statef

' . 't', jcannotdocumentthatthepersonnel,servicesorequipmentarepaidjor# .-

with State money or if the value of the contributions is_not equaT to the 'i

required-share,--cash-contributions-may-be-necessary~t6' provide some orall of your share.

One last topic of discussion was the development of a Cooperative Agreement. '

It was decided that my staff would prepare an initial draft that meets therequirements of CERCLA and any pursuant guidance. By mid-September, thatdraft will be submitted to your staff for review and negotiation. When thefinal application has been prepared and signed, it will need to be submittedto the Regional Office.

We are looking forward to a continued cooperative working relationship withyou and your staff. Please contact me at (214) 767-9709 ff you have anyquestions or concerns.

Sincerely,i

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William B. Hathaway, Deputy Director ' . .;

Air & Waste Management Division D 'T' ,

cc: John Thompson.

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..Ray Sisneros .

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