U.S. ENVIRONMENTAL PROTECTION AGENCY
POLLUTION/SITUATION REPORT
BF Byproducts - Removal Polrep
Final Removal Polrep
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Region VII
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Subject:
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POLREP #7
Final
BF Byproducts
Z7DS - E15704
Cabool, MO
Latitude: 37.0992269 Longitude: -92.1039475
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To:
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From:
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Paul Doherty, OSC
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Date:
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5/14/2015
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Reporting Period:
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May 2 thru May 6, 2015
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1. Introduction
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1.1 Background
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Site Number: |
Z7DS |
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Contract Number: |
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D.O. Number: |
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Action Memo Date: |
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Response Authority: |
OPA |
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Response Type: |
Emergency |
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Response Lead: |
EPA |
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Incident Category: |
Removal Action |
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NPL Status: |
Non NPL |
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Operable Unit: |
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Mobilization Date: |
4/1/2015 |
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Start Date: |
4/1/2015 |
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Demob Date: |
5/5/2015 |
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Completion Date: |
5/6/2015 |
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CERCLIS ID: |
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RCRIS ID: |
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ERNS No.: |
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State Notification: |
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FPN#: |
E15704 |
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Reimbursable Account #: |
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1.1.1 Incident Category
An inspection of the BF Byproducts LLC facility, Cabool, Missouri was initiated by the Missouri Department of Natural Resources (MDNR) on March 31, 2015, in response to a complaint from a local landowner alleging a release of vegetable oil to an unnamed tributary to the Big Piney River. MDNR was denied access to the facility but returned the following day on April 1, 2015, with a search warrant accompanied by state criminal investigators. Following their initial inspection of the facility, MDNR requested that EPA open the Oil Spill Liability Trust Fund (OSLTF) to address the uncontrolled release of waste vegetable oil from open dumping areas, leaking tanks, and leaking impoundments on the scene. EPA responded to the scene and opened the OSLTF and obtained a Federal Project Number (FPN) on April 1, 2015. On April 2, 2015, an Pollution Response Funding Authorization (PRFA) was issued to MDNR for a state-lead response.
1.1.2 Site Description
The BF Byproducts facility covers a 7.4 acre area and consists of an office/maintenance shop building; approximately seven aboveground storage tanks, ranging in capacity from 1,000 gallons to 7,000 gallons; approximately 90 restaurant-type oil/grease containers, ranging in capacity from 100 gallons to 300 gallons; two crudely constructed surface impoundments holding approximately 100,000 gallons of water/waste vegetable oil mixture.
1.1.2.1 Location
BF Byproducts is located at 13210 Russell Dr, Cabool, Missouri 65689.
The facility is in a rural area of Texas County, Missouri, approximately 1.6 miles south of Cabool, Missouri. The surrounding area is forested with a number of farms surrounding the facility.
1.1.2.2 Description of Threat
Uncontrolled discharges of waste vegetable oil from the facility were observed in an unnamed tributary to the Big Piney River. Although multiple discharges from the facility have reportedly occurred over the past six months, the most recent incident resulted after heavy rainfall the previous week that caused two impoundments at the facility to overflow into a drainage ditch and the tributary to the Big Piney River. The Big Piney River is less than two miles from the facility and flows through the south edge of Cabool, Missouri. EPA and MDNR observed and documented evidence of waste vegetable oil scum (sheen) in the downstream tributary of the Big Piney River as far as 1.3 miles downstream from the scene and within 0.5 miles of the Big Piney River. Locals reported seeing similar sheens on the Big Piney River in the past six months.
1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results
The incident was first reported to MDNR on March 31, 2015, by the local fire department who was passing on a complaint from an local landowner. Reportedly, discharges had been occuring for some time but were not reported to the MDNR or EPA. MDNR was initially denied access to the facility on March 31, 2015, but returned to the facility the following day on April 1, 2015, accompanied by MDNR criminal investigators. Following a quick assessment of the situation, MDNR immediately requested assistance from EPA to open the OSLTF to initiate response actions. EPA responded to the scene on April 1, 2015, and opened the OSLTF for preliminary assessment activities the same day. The following day on April 2, 2015, EPA requested that the FPN ceiling be increased to cover response actions and issued a PRFA to the state.
Criminal investigations by both EPA and MDNR are currently in progress.
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2. Current Activities
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2.1 Operations Section
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2.1.1 Narrative
The United States Environmental Protection Agency, Region 7 responded to a discharge of used vegetable oil at a grease recycling facility south of Cabool that threatened downgradient streams, including the Big Piney River. Although multiple off-facility discharges have reportedly occurred over the past six months, the most recent incident resulted after heavy rainfall the previous week caused two surface impoundments at the facility to overflow into a drainage ditch and tributary to the Big Piney River, which is less than two miles from the facility and flows through the south edge of Cabool. The incident was reported to the MDNR by a local landowner.
On April 1, 2015, EPA was contacted by MDNR to request EPA open the OSLTF to respond to discharges of waste vegetable oil at the scene that threatened the Big Piney River. EPA responded to the scene and confirmed the imment threat posed by the discharge. EPA opened the fund and issued a PRFA to MDNR to respond. MDNR mobilized their cleanup contractor to address immediate threats posed by the discharge, to prevent further off-facility spills from threatening downgradient surface water bodies.
2.1.2 Response Actions to Date
MDNR mobilized their response contractor on April 1, 2015. Response actions were intiated on the evening of April 1. Initial interceptor trenches were dug to intercept surface flow from the tank areas and from a dumping location on the top of the hill slope. Two frac tanks were brought in and approximately 17,000 gallons of oil/water mixture were pumped from the lower impoundment to increase freeboard. MNDR continued response actions on April 2nd and 3rd. Excavation of oil-saturated surface soils was begun. MDNR is stockpilling excavated soils on the scene in a stabilized area pending a disposal decision. Pumping of the upper impoundment was hampered by access and inclement weather. MDNR brought in rock to provide vacuum truck access to the upper impoundment. Emergency stabilization actions continued through the weekend.
On April 3, 2015, MDNR requested that EPA assume the lead for ongoing response actions due to limitations of the state's available response budget. EPA submitted a project ceiling increase request to NPFC on April 3, 2015, to get authorization to mobilize EPA's ERRS contractor and increase EPA's costs ceiling.
On April 6, 2015, EPA received approval for the ceiling increase request and EPA and their contractors mobilized to the site. EPA assumed the lead for the site on April 7, 2015.
From April 7 through April 10, work continued to drain the impoundments, excavate oil contamined soil from spill areas and the bottom and side walls of the impoundments. Site stabilization actions were mostly completed on April 10th. Field crews were demobilized pending completion of disposal arrangements for stockpiled contaminated soil and waste/wastewater.
An OPA 90 Removal Project Plan required for projects exceeding $250,000, was finalized and submitted to the NPFC.
From April 14 through April 17, 2015, excavated oil-contaminated soil was shipped off the site for disposal at the Black Oak Landfill, Hartville, Missouri. A total of 778 tons of soil were shipped off the site in 60 truckloads.
Bids were received for the disposal of contaminated wastewater. Terra Renewal of Dardanelle, Arkansas was selected as the responsible bidder.
No work occurred at the scene during the weel of April 20th while Terra Renewal completed the waste profile analysis and arranged for the necessary permits and approvals.
The off-loading of the frac tanks started on Tuesday April 28, 2015, and continued throught the week. Seventeen tanker trucks with an estimated 102,000 gallons of wastewater were shipped off the site during the week.
An additional 70 tons of contaminated soil was excavated and shipped off the site for disposal at the Hartville, Missouri landfill.
On May 4th, the construction of the erosion checks along Highway 181 were completed. The area was final-graded and seeded. On May 4th and 5th, the last of the wastewater was shipped off the site. The frac tanks were demobilized from May 4th through the 6th. Heavy equipment was decontaminated and demobilized on May 5th and 6th. The crew demobilized on May 6th, 2015.
2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)
BF Byproducts is reportedly owned by Brian Fleming of Mountain Grove, Missouri. On January 20, 2015, Brian Fleming, along with three other individuals, were indicted by a federal grand jury for their roles in a conspiracy to sell more than $5.6 million worth of spent cooking oil – stolen from restaurants across five states – to a recycling facility in Oklahoma.
Brian Fleming remains in custody awaiting trial in federal court.
BF Byproducts LLC continues to operate while Brian Fleming remains in custody. No one on site claims to have the authority to act on behalf of the company and EPA has been unable to get an access agreement signed for the response.
2.1.4 Progress Metrics
| Waste Stream |
Medium |
Quantity |
Manifest # |
Treatment |
Disposal |
| waste vegetable oil |
liquid |
132,000 gallons |
22 tanker loads |
processing and land application |
Terra Renewal, Dardanelle, AR |
| oil-contaminated soil |
solid |
858 tons |
65 loads |
landfilled |
Black Oak Landfill, Hartville, MO |
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2.2 Planning Section
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2.2.1 Anticipated Activities
Final invoicing and final project closeout.
2.2.1.1 Planned Response Activities
Close-out response actions.
2.2.1.2 Next Steps
Approve final invoices and closeout FPN project.
2.2.2 Issues
None at this time.
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2.3 Logistics Section
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NA - This action does not warrant an IMT and no Logistics Section has been established. Logistics are being handled by EPA contractors.
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2.4 Finance Section
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No information available at this time.
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2.5 Other Command Staff
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2.5.1 Safety Officer
Safety Officer functions will be handled by designated personnel with the ERRS contractor and START contractor respectively with oversight be the OSC.
2.5.2 Liaison Officer
This action does not warrant an IMT and no Liaison Officer position has been established. Liaison responsibilities will be handled by the OSC.
2.5.3 Information Officer
This action does not warrant an IMT and no Information Officer position has been established. PIO responsibilities will be handled by a designated individual in the Regional Office of Public Affairs.
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3. Participating Entities
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3.1 Unified Command
NA - This action does not warrant a Unified Command structure. However, EPA is coordinating closely with the MDNR and local officials. See Section 3.2.
3.2 Cooperating Agencies
In addition to EPA Region 7's Superfund Division, Emergency Response & Removal South Branch, agencies participating in response efforts to date include:
- EPA Region 7 Criminal Investigation Division
- MDNR - Environmental Emergency Reponse Program
- MDNR - Office of Criminal Investigation
- Missouri Attorney General's Office
- Texas County Sherriff's Department
- Cabool Police Department
- Cabool Fire Department
EPA OSC is continuing to liaison with local agencies.
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4. Personnel On Site
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none
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5. Definition of Terms
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NA
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6. Additional sources of information
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6.1 Internet location of additional information/report
http://www.epaosc.org/BFBYPRODUCTS
6.2 Reporting Schedule
No further POLREPs anticipated.
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7. Situational Reference Materials
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None
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