1.1.1 Incident Category

Emergency Removal Action under the Clean Water Act §311 (OPA) of approximately 170,000 gallons of oil and oily contact water from secondary containment threatening a discharge to navigable waters. 

1.1.2 Site Description

The Site is a non-operational industrial facility composed of approximately 16 acres owned and operated by The Battery Recycling Company Inc. (TBRC).  The TBRC site started secondary lead smelting in 2004; the facility processed large quantities of lead-acid batteries prior to shutting down operations in 2014.  The facility had a tank farm of approximately twelve each 12,000 gallon tanks containing Used Oil which was burned to run the two rotary furnaces.  Since shutdown of operations, the tanks and pipes in the tank farm went into disrepair with the used oil discharging to the secondary containment structure.

1.1.2.1 Location

The TBRC facility is located on PR-2, Km. 72.2, Barrio Cambalache, in the Municipality of Arecibo, Puerto Rico (coordinates: 18° 27.225' N, 66° 41.636' W).  The Site is bounded by PR-2 to the west, a drainage ditch and cattle pasture to the north, farm land to the south, and a swampy, wooded property to the east.  The Atlantic Ocean is located about 1.5 miles north of the facility. The facility is generally located about five (5) meters above mean sea level. The TBRC facility is bordered by agricultural/ drainage canals and is within a Federal Emergency Management Agency-designated floodplain.  The surface water generally flows in a northeastern direction from the facility through a designed drainage pathway. There is a designed drainage ditch along the northeastern property boundary that is hydraulically connected to the southern branch of the Caño Tiburones canal system which then feeds the Caño Tiburones and flows to the Atlantic Ocean.

1.1.2.2 Description of Threat

The threat of a discharge to the navigable waters of approximately 170,000 gallons of oil and oily contact water as heavy rains during may cause the levels inside secondary containment to rise and overtop the walls of the secondary containment structure.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

The EPA Removal Support Team (RST) conducted sampling of the oil in secondary containment and the tanks on November 20, 2015, and on February 2, 2016; the analytical results showed the Used Oil to be non-hazardous under CERCLA.

2.1.1 Narrative

EPA observed the presence of oil inside the secondary containment while conducting a separate removal action to the north of the facility from September 8, to December 18, 2016. EPA notified the PR Environmental Quality Board (EQB) on December 10, 2015, during a site visit to the facility.  Based on the site conditions it was deemed by the OSC that the deteriorated storage conditions, and the presence of oil ready to overtop secondary containment, posed a threat of discharge to the navigable waters of the US.

2.1.2 Response Actions to Date

The EPA OSC issued a Field Notice of Federal Interest (FNFI) to TBRC as the Potentially Responsible Party (PRP) on December 14, 2016.  The PRP failed to take corrective action, remove the oil, or mitigate the threat of a discharge in a timely and appropriate manner.  Once the analytical results showed that the oil was not hazardous under CERCLA and therefore eligible to be addressed under OPA 90 funding authority, the EPA opened a case with the National Pollution Funds Center (NPFC) on January 28, 2016.

Initial mobilization of select personnel for the start of planning and preliminary activities was February 1, 2016.  Once the initial planning phase was complete, the OPA 90 Removal Project Plan was submitted on April 20, 2016, and the main body mobilization for the actual removal of oil from secondary containment was June 1, 2016.

EPA ERRS response actions by Month:

February

• EPA issued ERRS a Task Order for $37,000.00
• Mobilized Administrative Personnel
• Established Command Post Trailer and Temporary Power Generator
• Received Lab Analysis for Oil and Water Samples
• Identified Vendors Capable of Handling Used Oil and Oily Water including Site Visits.
• RFQ Issued for Transportation and Disposal/Recycling of Oil and Oily Water on February 29, 2016

March-April

• Received Bids for Transportation and Disposal/Recycling of Oil and Oily Water on March 7, 2016
• Issued RFQ for Transportation and Disposal of Oil and Oily debris on April 11, 2016
• Received Bids for Transportation and Disposal of Oily solids and debris on April 18, 2016

May 

• Held Preconstruction meeting at the project site with the subcontractors performing the pumping, transportation, and disposal of the oil and oily water.
• Tentatively received approval regarding the acceptability of the disposal facilities to receive liquid and solid OPA waste on May 10, 2016
• Awarded the subcontract for Transportation and Disposal/Recycling of Oil and Oily Water on May 19, 2016.

June

• On June 1, 2016, the ERRS (crew and their subcontractors) begin pumping oil and oily water from secondary containment with a 3000-gallon vacuum truck and two (2), 8000-gallon tankers to remove and transfer oil and oily water from secondary containment into tankers for transportation and disposal (solidification) at ConWaste facility in Fajardo, PR.
• Awarded the subcontract for Transportation and Disposal of Oily solids and debris on June 8, 2016 to Allied Waste of Ponce (dba. Republic Services).
• A 20 c.y. rolloff was delivered and spotted on June 17, 2016 by Allied Waste of Ponce for containerization of oily debris for future transportation and disposal at their facility in Ponce, PR.
• A substantial quantity of oily debris was discovered during the oil and oily water pumping/removal.  This debris was below the liquid surface and could not been seen prior to the oil/oily water level being pumped.  The ERRS crew collected, removed, stockpiled, and began cutting the debris to required size and loading into rolloff for future disposal.
• The ERRS crew initiated the decontamination of secondary containment by removal of sludge from the concrete floor surface and pumping to tankers.
• Collected and staged a total of 74 drums and 22 smaller containers and pails that contain oil.  These were sampled by RST and will be analyzed for acceptability for disposal as oil at the currently ERRS subcontracted disposal facility.
• As of June 17, 2016, a total of 144,000 gallons of oil and oily water have been transported within 18 tanks for disposal by solidification at the ConWaste facility in Fajardo, PR (Sistema Relleno Sanitario de Fajardo).
• As of June 17, a total of 20 cubic yards of debris have been loaded into a rolloff container for future disposal at the Allied Waste facility in Ponce, PR.

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

As identified in section 2.1.2, the EPA OSC issued a FNFI to the TBRC as the PRP on December 14, 2016.  The case officer from the USCG NPFC conducted a site visit on June 20, 2016, during which the case officer explained to the president of TBRC that the PRP (Owner/Operator of the facility) will receive a "Notice of Potential Liability".  The letter explains what NPFC is, what the EPA FOSC has identified as the source, and to contact NPFC to refute/deny liability or for any questions.   The EPA and USCG attorneys are in communication to coordinate cost recovery efforts with DOJ.

2.1.4 Progress Metrics

2.2.1 Anticipated Activities

EPA will continue the removal action until the oil/oily contact water and the oiled debris are removed from the site, plus the oily surfaces in secondary containment are decontaminated, all in accordance with the approved OPA 90 Work Plan; this is anticipated to be complete in seven to eight weeks from the date of this report.

2.2.1.1 Planned Response Activities

The following activities were either implemented or will be implemented to achieve the removal action objectives for the Site:

• Mobilize necessary personnel and equipment

• Develop and implement a site-specific Health and Safety Plan, Site Work Plan, and Site Emergency Contingency Plan (if deemed necessary).

• Establish and maintain command post trailer, generator, portable toilets, secure storage containers, and other infrastructure as necessary to support project operations.

• Recover and recycle/dispose of used oil and oily water.

• Utilize high pressure, hot water/steam cleaner to “surficially” remove oil from internal surfaces of secondary containment structure.

• Provide subcontracted security services during non-work hours to ensure security of project offices, equipment, and containerized wastes.

• Conduct all operations in accordance with applicable Federal and State safety standards (ARARS).

• All disposal shall be in accordance with EPA's Off-site Rule, and all transportation will be in accordance with all relevant USDOT Regulations.

• Prepare a final disposal report of waste shipped off-site

• Site Demobilization

2.2.1.2 Next Steps

EPA will continue to coordinate with the USCG NPFC on cost recovery.  Address how to decontaminate the interface between the vertical tanks and the concrete pad bases which apparently have a trapped reservoir of oil that continues to leach out during rain events.

2.2.2 Issues

Determine the "clean-up" level to which the storage tanks will be purged of oil to prevent the threat of future discharge from any remaining oil, and or transportation of the tanks to an off-Site location for recycling. 

No Logistics issues at this time

2.5.1 Safety Officer

EPA ERRS had a designated IH on-Site for the planning and initial phases of the oil removal.

2.5.2 Liaison Officer

The OSC is serving as liaison officer.  All participating and cooperating agencies are being informed of progress and potential issues.

2.5.3 Information Officer

3.1 Unified Command

Unified Command is not necessary for this response.

3.2 Cooperating Agencies

EPA OSC - 1

EPA Removal Support Team (RST) - 0 to 2 personnel depending on sampling requirements

ERRS (Emergency Rapid Response Services) Contractor - 9

6.1 Internet location of additional information/report

www.epaosc.org/TBRC_Oil_Removal or the USCG NPFC webpage at

6.2 Reporting Schedule

See the additional documents section of the webpage for this site at www.epaosc.org/TBRC_Oil_Removal