The United States Environmental Protection Agency’s (“EPA’s”) Removal Action Branch (RAB) received a request from the EPA Office of Criminal Enforcement, Criminal Investigations Division (CID) on June 5, 2007, to determine whether conditions at the Site warranted a Comprehensive Environmental Response, Compensation and Liability Act(CERCLA) removal action. The Site is located in a rural area at 3720 Southside Road in Frankfort, New York. The 1.75-acre Site is part of a larger 192-acre former dairy farm. The Site consists of a large pile of shredded building debris, approximately 50,000 square feet in area and up to 20 feet high. Upon this pile are 12 to 15 smaller piles of the same material. The entire pile of shredded building debris has been determined to represent approximately 56,000 cubic yards of material and is known to contain asbestos containing material (ACM). This material was disposed of on the property illegally in 2006.
On November 14, 2006, EPA-CID and representatives from the National Enforcement Investigations Center (NEIC) collected samples of the debris piles at the Site. Samples were collected from broken tiles, transite, shingles, cement sheeting as well as dirt and other miscellaneous debris. A total of 16 representative samples were collected during the sampling event. Of the 16 samples, nine were found to contain asbestos at concentrations greater than 1%, with the highest concentration being 21% chrysotile asbestos. All of these samples were made up of either tile fragments or cementitious wallboard. According to the National Emissions Standards for Hazardous Air Pollutants (NESHAPs), tile is considered to be Category I non friable ACM. This material becomes Regulated Asbestos Containing Material (RACM) if: 1) it has become friable or 2) if it will be or has been subjected to sanding, grinding, cutting or abrading. Because of the condition of the building materials and the demolition process the material was put through, it is reasonable and appropriate to assume that the material in the pile has become friable.
As a follow-up to the CID investigation, between July 31 and August 2, 2007, EPA’s RAB conducted a removal assessment of the Site. EPA’s removal assessment included the collection of surface soil samples around the base of the pile, on the floodplain of the Mohawk River and in the adjacent properties downwind to the east to determine if contaminants suspected of being in the pile had migrated into surrounding areas via wind or water pathways. The assessment also included sampling of the shredded building material on the pile for lead and semi volatile organic compound (SVOC)analysis.
Asbestos was not detected in any of the 42 surface soil samples that were submitted for Polarized Light Microscopy (PLM) analysis by CARB 435. Eleven samples were then selected for asbestos analysis via Transmission Electron Microscopy (TEM) analysis. All eleven samples were reported at below 0.1% asbestos
Forty-nine debris and soil samples were submitted for total lead analysis and had concentrations ranging from 7.2 to 7700 milligrams per kilogram (mg/kg).
Numerous SVOCs were detected in the debris pile samples including dimethylphthlate (up to 3,900 micrograms per kilogram (ug/kg)), benzo(k)fluoranthene (up to 6,900 ug/kg), benzo(a)anthracene (up to 7,600 ug/kg), benzo(a)pyrene (up to 7,600 ug/kg), and dibenzo(a,h)anthracene (up to 1,400 ug/kg). Numerous SVOCs were detected in the soil samples that were collected around the debris pile including benzo(a)anthracene (up to 540 ug/kg), benzo(a)pyrene(up to 570 ug/kg), and dibenzo(a,h)anthracene(up to 190 ug/kg). Benzo(a)pyrene was found in every soil sample.
A visual inspection of the debris pile demonstrated that the entire pile appears to be comprised of two distinct sections. The “old” portion of the debris pile appeared to be made up of construction and concrete debris. The “new” portion of the debris pile appears to have been added later and is comprised of the shredded construction debris. The perimeter of the new debris pile is 900 feet and the perimeter of the entire debris pile (old and new sections) was measured at 1,200 feet. Total area of both sections is approximately 75,500 square feet.
There is a release or a potential release and a continuing threat of release of CERCLA designated hazardous substances at the Site, which is a facility under section 101(9) of CERCLA. The ACM in the pile presents a potential public health threat. Persons visiting or trespassing on the Site could be exposed to the asbestos in the pile. The property is not fenced and access is unrestricted. The ACM pile is located within 100 feet of Southside Road and in the flood plain of the Mohawk River. Reportedly the pile was subject to erosion during the spring floods this year. The Site experiences frequent moderate to heavy winds from the west and, because the pile is not covered, exposure to these windy conditions may be resulting in the transportation of asbestos fibers to properties and receptors downwind. The density of residential properties increases to the east into the Village of Frankfort approximately one-half mile away. Frankfort Township contains approximately 7,500 residents. The closest residence to the Site is across Southside Road approximately 100 feet to the south.
Based on the available information, a CERCLA removal action is warranted at the Site. The known key problem areas at the Site include a large volume of exposed, friable asbestos.
