1. Colorado Precision Plating Presented by Craig Myers, OSC

2. CO Precision Plating This used to be Colorado Precision Plating, a small niche market plating facility that serviced the aerospace industry near Boulder, Colorado.

3. CO Precision Plating • Fire at a plating shop, early morning 12/12/11 • Local Volunteer Fire Dept on scene • Regional HazMat team arrives, sees water run off, asks IC to stop fire suppression effort • First in unit has bunker gear with a residual pH of ~3 • Local VFD requestes EPA’s assistance • Emergency decon, tyvek suits, disposed of bunker gear • new gear overnighted to staff their house the next day…

4. EPA’s Role • VFD has insufficient resources to remain overnight…wants to put the fire out. • Fire Chief wants our advice

5. CO Precision Plating • EPA is asked to assess the run off • Is it just fire fighting water, or is it more? • Reservoir ¼ mile away, water supply for Longmont • Only instant test is pH and visual (chrome, anodizing dies, etc) • However…

6. Co Precision Plating • Business is a tenant on the property, leased the structure. • Property owner and spouse went to the hospital • 80+ years old • Treated and released; not answering cell phone. • Business owner died in October, business in probate, the widow is not answering either… • Access should be granted by both, as they both have 4th and 5th Amendment rights on the property.

7. Emergency Phase • Citing protection of the public good: • I had START enter the property to • Conduct in situ pH tests • Take limited samples of the runoff water • and document visual observations • Nothing that could be construed as “enforcement related” was done. • Actions were to support the VFD’s needs • And to make immediate decision about the protection of a water supply • No product samples • Building still too hot, structurally unsafe • Could not articulate immediate protection of the public interest to justify the takings

8. Removal Phase • Access granted 12/13/11 • Building is unstable, waste cannot be assessed safely until building is dismantled and/or demolished.

9. Complications • Arson investigation • Can’t happen until haz-waste removed • Haz Waste Removal • Can’t happen until building is demolished • Building Demolition • Will destroy any evidence for arson investigation • BCSO and Hygiene Fire decide to forego the arson investigation and turn the property over to the property owners/EPA

10. Current State 12/13/11 • Unstable building • Unknown amount of incompatible Haz-waste • Acids, bases, metal laden solutions • All in compromised containers • Assumed to be around 5,000 gallons • Building was built before 1980 • Does it contain Asbestos Containing Building Materials (ACBM)? Almost certainly. • Asbestos assessment cannot be performed…

11. A Recurring Issue • NESHAPS • Colorado has Reg. 8, other states have similar regulations governing asbestos removal • Has “emergency exemptions” • Still take time to gain state approval of the exemption • Require PE to determine building structure unsound. • Implemented at the state level by Air Programs, not Haz Waste • Thus staff not familiar with CERCLA/ARARs

12. ARARs • Applicable or Relevant and Appropriate Regulations • CERCLA actions must comply with substantive provisions, to the extent practical. • Cost and Project delay are both factors to consider when determining practicality. (see 1990 NCP Preamble)

13. Unsafe for Occupancy • Signed by local building official • Unsafe ≠ Structurally Unsound… • May or may not be a Professional Engineer • Required for emergency exemption under NESHAPS

14. Did EPA comply with NESHAPS? • Very cold ~ 10° F • Wet demo, to the extent practicable • Assumed all fire debris contained ACM. • Used ARAR authorities in 400(g) and 415(j). • Disposed in NESHAPS cell

15. Waste Characterization • Unique numbers • Samples HazClassed • Major DOT hazard classes and RCRA characteristic waste codes • Allows waste to be bulked prior to disposal.

16. Site Assessment • Surface water sampling of all fire fighting water and surface expressions • Low level detections in the creek during fire fighting operations • Soil sampling where fire fighting water had pooled and at French drain outfall. • French drain outfall very high • Soil borings via GeoProbe near leachfield, French drain outfall, and other locations. • Ubiquitous low level contamination

17. Results – Surface Water

18. Results - Soil

19. Results – Subsurface Soil

20. Waste Bulking

21. Disposal Summary

22. Questions? Craig Myers Myers.craig@epa.gov (303) 312-7067