1.1.1 Incident Category

Illegal dumping of pulverized asbestos-containing building debris ("Building Debris").

1.1.2 Site Description

The Site consists of a 1.75-acre parcel of land adjacent to the Mohawk River and situated in the western portion of the Town of Frankfort, New York.  The 1.75-acre parcel is part of a 192-acre tract of land formerly used for dairy farm operations.  Currently, portions of the property that were not filled in with Building Debris are utilized for farming on the east side.   One barn-like structure remains on the property and is utilized for the temporary staging of cattle prior to slaughter, and an automotive shop.  The closest residence is located across the street, approximately 200 yards to the south, with additional residential properties within one-half mile to the south and east of the 1.75-acre area where disposal took place. 

Based upon volume calculations, approximately 15,000 cubic yards of Building Debris is present on-site.

1.1.2.1 Location

The Frankfort Asbestos Site is located at 3720 Southside Road in Frankfort, Herkimer County, NY.

1.1.2.2 Description of Threat

Building Debris containing friable asbestos exceeding 1% was illegally disposed of on the property located at 3720 Southside Road, Frankfort, NY.  The asbestos containing material (ACM) presents a potential public health threat.  Asbestos fibers can be released into the air during activities that disturb asbestos-containing materials. If disturbed, the asbestos fibers can then be inhaled and trapped in the lungs. If swallowed, they can become embedded into the digestive tract as well.  Asbestos is a known human carcinogen and can cause chronic lung disease as well as lung and other cancers. Symptoms and/or cancer may take many years to develop following exposure.

Sampling of the Building Debris also identified elevated levels of lead ranging between 270 to 7,700 milligrams per kilogram (mg/kg).  Contact with this lead contaminated material may present a health risk to neighboring residents, particularly young children.

The effects of exposure to lead are the same whether it enters the body through breathing or swallowing. The main target for lead toxicity is the nervous system, both in adults and children. Long-term exposure of adults to lead has resulted in decreased performance in some tests that measure functions of the nervous system. Lead exposure may also cause weakness in fingers, wrists, or ankles. Lead exposure also causes small increases in blood pressure, particularly in middle-aged and older people, and may also cause anemia. 

Lead is a cumulative poison where increasing amounts can build up in the body eventually reaching a point where symptoms and disability occur. Particularly sensitive populations are women of child-bearing age, due to the fetal transfer of lead, and children. Cognitive deficits are associated with fetal and childhood exposure to lead.  An increase in blood pressure is the most sensitive adverse health effect from lead exposure in adults. Effects on the kidney, nervous system and heme-forming elements are associated with increasing blood lead concentrations, both in children and adults. Other symptoms include: decreased physical fitness, fatigue, sleep disturbance, aching bones, abdominal pains, and decreased appetite.   

The Department of Health and Human Services (DHHS) has determined that lead and lead compounds are reasonably anticipated to be human carcinogens based on limited evidence from studies in humans and sufficient evidence from animal studies, and the EPA has determined that lead is a probable human carcinogen.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

On November 14, 2006, EPA's Criminal Investigation Division (CID), National Enforcement Investigation Center (NEIC), and New York State Department of Environmental Conservation (NYSDEC) representatives conducted an investigation of the Site.  The investigation team collected samples at that time of the Building Debris for asbestos analysis.  Samples collected were observed to contain broken floor tiles, transite, corrugated cement sheeting, shingles, dirt and wood debris.  All samples (sixteen) were analyzed by the NEIC laboratory in Denver CO.  Based upon the analytical results, nine of the samples were found to contain asbestos in amounts greater than 1%, and up to 21% .

In August 2007, Weston Solutions Inc., Removal Support Team  2 (RST 2) conducted a Removal Assessment at the Site to further expand on the investigation conducted by EPA's CID, NEIC and NYSDEC in November 2006.   RST 2 was tasked with determining the concentrations of asbestos, lead and target compound list (TCL) semivolatile organic compounds (SVOCs) possibly present within the Building Debris, surface soil surrounding the debris piles, surface soils located both on and off-site (string bean field and residential property), and surface soils in the flood plain of the Mohawk River.  A total of 49 samples were collected and submitted for analysis.  All 49 samples collected were submitted for lead analysis.  Of those, 11 samples contained lead concentrations ranging between 270 mg/kg and 7,700 mg/kg.  All other samples analyzed for lead were below 120 mg/kg. 

From the 49 samples, 42 were submitted for asbestos analysis for polarized light microscopy (PLM) analysis by California Air Resources Board (CARB) 435.  No asbestos was detected in any of the 42 samples.  A total of 11 samples were also selected for asbestos analysis via transmission electron microscopy (TEM) analysis.  All 11 samples were reported to contain below 0.1% asbestos.  

Numerous TCL SVOCs were detected in the Building Debris pile samples collected from the Site as part of the Removal Assessment.  The TCL SVOCs that exceeded  NYSDEC Technical Administrative Guidance Memorandum (TAGM) 4046 concentrations included dimethylphthlate [up to 3,900 micrograms per kilogram (ug/kg)], benzo(k) flouranthene (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)].  The latter three compounds were exceeded in all 11 debris samples.  It should be noted that not every TCL SVOC that was detected had a corresponding TAGM 4046 level.  

Numerous TCL SVOCs were detected in the soil samples that were collected around the Building Debris piles.  TCL SVOCs that exceeded the TAGM 4046 concentrations included benzo(a)anthracene (up to 540 ug/kg), benzo(a) pyrene (up to 570 ug/kg), and dibenzo(a)anthracene (up to 190 ug/kg).  Benzo(a)pyrene was exceeded in every soil sample.  It should be noted that not every TCL SVOC that was detected had a corresponding TAGM 4046 level.

• 11/13/13-11/21/13 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #1.
• 11/24/13-01/10/14 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #2
• 01/11/14-02/14/14 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #3
• 02/17/14-02/21/14 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #4
• 02/24/14-03/07/14  RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #5
• 03/10/14-03/14/14  RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #6
• 03/17/14-03/21/14  RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #7
• 03/24/14-04/11/14  RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #8
• 04/14/14-04/18/14  RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #9
• 04/21/14-04/25/14 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #10
• 04/28/14-05/02/14 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #11
• 05/05/14-05/09/14 RV2 response actions completed during this reporting period can be found in Frankfort Asbestos RV2, POLREP #12
• Current Reporting Period (05/12/14-05/16/14) During the reporting period, shipment of excavated building debris continued with 82 trucks disposing of approximately 2,823 tons of asbestos containing waste during the week.  This brings the total of 269 truckloads containing 9,360 tons disposed of to date.     On Friday, 5 trucks were not loaded due to severe rain and flooding, making lining the trucks and sealing them difficult.  Additional assessment samples were collected on 05/13/14 on the east side of the site in areas identified as concrete pile and older debris pile, to further assess the contaminants at different levels (below the liner, approximately half way to the base (or in an area of suspect material and at the base.  Results should be in next week.    On Friday, in the heavy rain, the generator failed and would not restart.  Hertz was called and came out and was not able to identify an issue.  A base post excavation sample was collected on 5/14/14.  

2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)

A potentially responsible party (PRP) search was conducted which identified numerous PRPs . Information request letters were sent to the property owner, and identified arrangers and transporters. Based on the responses to the information request letters, additional information requests were issued to 13 other arrangers and/or transporters on April 13, 2011. Based on responses to the information Request Letters and information from CID, EPA sent Notice of Potential Liability and Demand for reimbursement of Costs (Notice and Demand") letters to the PRPs. A Unilateral Administrative Order (UAO) was issued to twelve parties on November 15, 2011. Four parties initially agreed to comply with the UAO. However, following the Department of Justice (DOJ) referral, all parties indicated they were interested in performing the cleanup. One of the PRPs retained an environmental consultant to prepare work plans, and conducted sampling for disposal. The responsible parties indicated the cost of disposal would influence whether they would comply and agree to conduct the cleanup. A deadline of September 1, 2013 was given to the parties to commence the removal action or EPA would fund the removal action. The parties did not meet the deadline and EPA initiated mobilization activities to begin the work.

2.1.4 Progress Metrics

The following “Estimated Costs” table represents costs for the on-going removal action (RV2) to address the excavation and off- site disposal of asbestos contaminated debris from the Site.

* The above accounting of expenditures is an estimate based on figures known to the OSC at the time this report was written. The OSC does not necessarily receive specific figures on final payments made to any contractor(s). Other financial data which the OSC must rely upon may not be entirely up-to-date. The cost accounting provided in this report does not necessarily represent an exact monetary figure which the government may include in any claim for cost recovery.