On June 19, 1995, the Kansas Department of Health and Environment (KDHE) Resource Conservation and Recovery Act (RCRA) program requested the U.S. Environmental Protection Agency (EPA) Region VII Emergency Response and Removal Program (ERRP) conduct a removal site evaluation at the Chemco Industries, Inc., site located at Building #638, Forbes Field, Topeka, Kansas. Chemco Industries, Inc. (Chemco) was a small business owned and operated by Kenneth H. Halbert. Mr. Halbert engaged in the purchase and resale of used laboratory-grade chemical reagents. On November 27-29, 1995, as part of the ERRP removal site evaluation, a thorough inventory of all laboratory-grade chemical reagents and chemical wastes at the facility was performed. The inventory documented approximately 2,454 containers ranging in size from 1 ounce to 55 gallons that contained either a CERCLA hazardous substance or a flammable, corrosive, toxic, irritating, or oxidizing chemical. A large percentage (93%) of Chemco’s inventory appeared to be in good condition (i.e., labeled and non-leaking). However, several problems noted by ERRP’s inventory team included incompatible chemicals, staged in close proximity to one another, that were either rusting, leaking, bulging, or had collapsed resulting in the release of their contents within the facility.
Subsequently, as a result of the removal site evaluation, EPA Region VII conducted a time-critical removal action at Chemco from June 24, 1996, to July 8, 1996, during which time approximately 2,454 containers of laboratory-grade chemical reagents, ranging in size from 1-ounce to 55-gallons, were consolidated and transported off-site for disposal.
Anderson News located at Building #624, currently leases all of Building #638. According to Mr. Dan Davies of Anderson News - Display Services, the wall between Display Services and Chemco was removed around June 2006. During the removal of the wall, Anderson personnel discovered various containers of chemicals throughout the area once occupied by Chemco. The Kansas Department of Agriculture (KDOA) had been initially contacted by Anderson and a KDOA inspector was sent out to investigate. The KDOA inspector, Dan Tuggle, indicated other potentially hazardous substances were present at the site beyond the items regulated by KDOA. On July 27, 2006, KDHE was contacted by the KDOA regarding the Chemco facility. According to Mr. Davies, no operational activity has occurred at Chemco within the last year to his recollection. According to KDHE, the former owner and operator of Chemco, Mr. Halbert had passed away in February 2006. From a review of the previous 1995 and 1996 removal inventory information, it appears most of the current inventory was present during the previous removal but was likely determined by Mr. Halbert to be usable or resalable product. With Mr. Halbert’s death and the dissolution of Chemco, all of the remaining material appears to be abandoned waste.
Since no other federal or state response mechanisms was identified available to respond to the release, EPA is currently preparing to undertake a fund-lead time-critical removal action to stabilize conditions at the site.
1. Proposed Actions
All containers of CERCLA hazardous substances removed from the site will be disposed in a manner consistent with the CERCLA off-site rule. Specific tasks associated with the removal and disposal of the containerized waste include the following:
• Preparation of a written Health and Safety Plan in accordance with 29 CFR §1910.120 to ensure the protection and safety of all workers during onsite removal activities.
• Preparation of container staging and work areas along with setting up controlled work areas in accordance with 29 CFR §1910.120.
• Sampling and field hazard categorization of unknown chemicals. Consolidation, lab-packing, and/or over-packing of compatible wastes followed by transportation to an authorized disposal facility.
