SFUND RECORDS CTR

2286438

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RE(;ION IX

MEMORANDUM

DATE: SEPt 6· 2013

75 Hawthorne Street San Francisco, CA 94105

SUBJECT: Request for a Time-Critical Removal· Action, Banaire Radium Trailers, Cabazon, Riverside Co., CA

FROM: Robert Wise, On-Scene Coordinator Emergency Response Section-(SFD-9-2)

TO: Peter Guria, Acting Assistant Director · Response, Planning & Assessment Branch (SFD-9-4)

THROUGH: Harry Allen, Chief \tt\. Emergency Response Section (SFD-9-2)

I. PURPOSE

The purpose of this Action Memorandum is to obtain approval to spend up to $780,000 in direct extramural eosts to mitigate th·r~ats to human health and the environment posed by uncontrolled h~zardous substances (radium •. radium. decay progeny and Resource Conservation and Recovery Act (RCRA) hazardous wastes) at the Banaire Radium Trailers (BRT) Superfund Removal Site (the Site). The Site is

· located in Cabazon, Riverside County, California. The proposed removal. of hazardous substances would be taken pursuant to Section 104(a)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9604(a)(1 ), and Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F.R. § 300.415.

II. SITE CONDITIONS AND BACKGROUND

.. Site Status: Non-NPL ·Category of Removal: Time-Critical CERCUS 10: CAN000909546 SJTE-10: A941

-A. Site Description

1. Physical Location

The Site is located at 4972 Main Street, Cabazon, Riverside County, California (92230). See Attachment II; Figure 2a: Site Location Map. The Riverside County Assessor's Office Parcel Number for the Site is 519320010-9. The coordinates for the Site are latitude 33.9175240° and longitude -116.794411 oo. The Site is an . approximately 0. 75 acre lot located in a mainly residential/light industrial area of Cabazon. A strip of vacant land and Interstate 10 border the Site to the north. To the south the Site is bordered by Main Street. Residential properties are located to the east and west, with one home located approximately 30 feet frorn:tfie·seini~trailers. Cabazon Elementary School is less than one mile from the Site. The nearest water body is the dry wash of an intermittent creek lo~ted approximately 0.5 miles to the south.

2. Site Characteristics

There are no buildings or infrastructure present and there is no indication of prior improvements. The Site is. fenced on all sides and 12 semi-trailers are parked inside (See Attachment II; Figure 3a: Site Features Map). The trailers were used to store inventory and supplies from Banaire Enterprises which was operated at two other properties also in Cabazon. Banaire Enterprises operated as a collector/re-seller of military surplus and vintage aircraft parts, including aircraft gauges containing radioluminescent paint (radium-226 mixed with zinc sulfide). No federal, state, or local government entity has been an owner or operator at the Site.

3. Removal Site Evaluation

On May 1, 2013, On-Scene Coordinator (OSC) R. Wise and the Superfund Tec~nical Assessment and Response Team (START), in coordination with Riverside County Department of Environmental Health (RCDEH), conducted a survey of the outside of the trailers for gamma radiation. The survey documented elevated gamma radiation dose rates of up to 1 ,000 microroentgen per hour (IJR/hr) outside trailers #2 and #6 (See Attachment Ill; Table 1: Summary of Trailer Contents and Gamma · Screening Results).

On May 9, 2013, OSC Wise, START and the EPA Radiological Emergency Response T earn (RERT) conducted additional radiation assessment activities at the Site. A survey for radioactive sources and contamination was conducted on each of the 12 semi-trailers. No radioactive items or contamination was observed in trailers .#1, #3, #5, and #7 -12. Trailers #2 and #6 contained a mixture of intact and fire damaged aircraft gauges. RERT and START were able to determine with gamma spectroscopy instruments that the aircraft gauges contained radioluminescent radium paint (radium-226 mixed with zinc sulfide). The assessment identified alpha particle surface contamination from radium and its progeny on the exterior of trailer #2 and Oil the inside of both trailers #2 and #6 (Attachment Ill; Table 2: Summary of Wipe Sample Field Screening Data - Removable Alpha). Fire damaged debris and ash in trailer #2 was also determined to be radioactive.

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In trailer #12, a large amount of paints, solvents, cleaners, and polishes were discovered stored in a haphazard manner. The START collect~d samples which were submitted for ignitability and volatile organic compound laboratory analysis. The analysis results documented the presence of Resource Conservation and Recovery Act (RCRA) characteristic and listed wastes. The laboratory data is contained in (Attachment Ill; Table 3: Summary of Validated Sample Data).

·4. Release or threatened release into the environment of a hazardous substance, pollutant or contaminant

Based on the removal site evaluation, a large number of the gauges in trailers #2 and #6 contain radium paint. The radium painted gauges exhibit a phenomenon called "alpha recoil." This process moves radium and decay progeny out of the original matrix (paint) and out of the original holder (the gauge) over time. Damaged and· leaking gauges result in a r~lease of radioactive contamination. Radium and/or its decay progeny has been detected on the interior and exterior of trailers #2 and #6 in the form of fixed and removable contamination. Removable contamination is the quantity of radioactive material on a surface that may be removed by lightly wiping the surface with , filter paper. Wipe samples have demonstrated the presence of removable alpha and beta radiation. Radium and radioactive contamination can migrate through direct ·

. contact and by wind, rain, or fire. The removal site evaluation also documented gamma radiation exposure levels outside~ the trailers of up to 50 times the ambient background · le_vel. This release of gamma radiation may result in human exposure in excess of the maximum allowable dos_e limit of 100 millirem per year for individual members of the public, pursuant td_1 0 CFR § 20.1301 (a)(1 ).

Radium-226 and its progeny are listed hazardous substances pursuant to 40 · CFR § 302.4, Appendix B. In addition, analytical data indicate· the presence of wastes at the Site exhibiting the RCRA hazardous waste characterist!c of ignitability under 40 CFR § 261.21 and the RCRA listed wastes ethyl benzene, toluene, naphthalene, xylenes, acetone, and methyl ethyl ketone (MEK). RCRA characteristic and listed wastes are hazardous substances as defined by Section 101 (14) of CERCLA. Other hazardous substa-nces or pollutants and contaminants-not discovered to date or not specifically identified herein may exist at the Site. These substances may also pose a threat to human health and the environment.

. The potential for fire, vandalism, and continuing deterioration of trailers at the unmanaged Site may result in the ·combustion, physical exposure, or commingling of

. incompatible hazardous substances resulting in harm to the public health or welfare or the environment. Considering the proximity of nearby residents and public roadways, the Site represents a significant threat of release affecting nearby populations and direct exposure to trespassers.

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5. Nationai Priorities List ("NPL") Status The Site is not on the National Priorities List (NPL). It has not been proposed for

the NPL or referred to the NPL site assessment program. Current conditions at the Site pose an imminent and substantial endangerment. The proposed Removal Action will complete all work at the Site. '

' ' B. Other Actions to Date

No other actions have taken place at the Site to date.

C. State and Local Authorities' Roles

1. State and Local Actions to Date

In late April 2013, 'RCDEH conducted an initial assessment of the trailers at the Site. RCDEH conducted gamma radiation surveys of the exterior of the trailers and observed up to 1,000 ~Rihr gamma radiation outside several of the trailers. RCDEH conveyed the survey results to the California Department of Public Health Radiologic Health Branch (CDPH RHB), which in turn contacted the EPA for assistance.

2. Potential for Continued State/Local Response

RCDEH does not have the financial or technical capability to conduct a removal. On May 1, 2013, RCDEH formally referred the Site to EPA. The California Department' of Toxic Substances Control (DTSC) is not authorized to fund the removal of radioactive waste. The CDPH RHB is responsible for providing public health functions associated with administering a radiation control program, but has no provision for the removal of radioactive waste.

Ill. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND STATUTORY AND REGULATORY AUTHORITIES

Current Site conditions pose ongoing releases and the threat of future releases of hazardous substa_nces, including: radium-226 and its progeny, and the ionizing' gamma and alpha radiation associated with those progeny, and RCRA hazardous wastes, including ethyl benzene, toluene, naphthalene, xylenes, acetone, and MEK. The likelihood of direct human exposure, via ingestion and/or inhalation of hazardous substances, and the threat of future releases and migration of those substances, pose an imminent and substantial endangerment to the public health or welfare or the environment based on the factors set.forth in the NCP, 40 CFR § 300.415(b)(2). These factors inClude:

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1. Actual or potential exposure to hazardous substances or polhJtants or contaminants by nearby populations or the food chain

There is an actual or potential exposure to nearby populations from hazardous substances at the Site, including radium-226 and its decay progeny; ethyl benzene, toluene, naphthalene, xylenes, acetone, and MEK.

Although the Site property is fenced, pedestrian access is relatively unimpeded. The facility remains a human health risk to any vandals or trespassers, including young children, who might enter the premises. Direct contact, inhalation or ingestion of the hazardous substances at the Site poses an acute health threat t6 these individuals. Toxic fumes and smoke may reach populations outside the Site in the event of a fire or the mixture of incompatible chemicals. Based on these conditions, the threat of release and subsequent exposure appears high. Toxic threats from specific materials at the Site are discussed below.

The radionuclide radium-226 is present in radioluminescent paints used in aircraft gauges and other items at the Site. During the radioactive decay process,

. alpha, beta, and gamma ionizing radiation are released. Inhalation of radium '· contaminated particulates is of particular concern. Acute inhalation exposure to high

levels of radium can cause adverse effects to the blood (anemia) and eyes (cataracts). Radium emits alpha radiation, which, when inhaled, becomes a source of ionizing radiation in the lung and throat, possibly leading to toxic effects. Exposure to high· levels of radium results in an increased incidence of bone, liver, and breast cancer. The EPA and the National Academy of Sciences, Committee on Biological Effects of Ionizing Radiation, have stated that radium is a known human carcinogen (ATSDR 1999a).

Ionizing radiation is comprised of particles and rays given off by radioactive material. These include alpha particles, beta particles, x-rays, and gamma rays~ . Ionizing radioactive·particles and rays knock electrons from atoms and molecules (such as water, protein, and DNA) that they hit or pass by. There are myriad sources.of low level ionizing radiation including the sun, rocks, soil, natural sources in the body, as well as human made sources. For example, additional exposures accompany each x ray exam. Background level exposure to environmental ionizing radiation has not been shown to affect the health of children or adults. Exposure to greater than background levels of gamma ionizing radiation may increase the chance of getting cancer depending on a person's level of exposure (ATSDR 1999b ). Exposure to high doses of ionizing radiation can result in skin burns, radiation sickness, and death. If a pregnant woman is exposed to high levels of ionizing radiation; it is possible that her chil.d may be born with some brain abnormalities. As levels of ionizing radiation increase, so does the chance of brain abnormalities iri the developing fetus (ATSDR 1999b).

Naphthalene is a flammable solvent. Exposure may result in: irritation of the eyes, headache, confusion, excitement, malaise (vague feeling of discomfort), nausea, vomiting, abdominal pain, bladder irritation, profuse sweating, jaundice, hematuria (blood in the urine), renal shutdown, dermatitis, optical neu'ritis and corneal damage.

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MEK is an aromatic flammable solvent. Exposure may result in: irritation of the eyes, skin and nose; headache; dizziness; vomiting and dermatitis.

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Acetone is a flammable solvent. · Exposure may result in: irritation of the eyes, skin and throat; headache, dizziness, central nervous· system depression; and dermatitis. ·

Toluene is an aromatic flammable solvent. Exposure may result in: irritation of the eyes, and nose, lassitude (weakness, exhaustion), confusion, euphoria, dizziness, headache, dilated pupils, lacrimation (discharge of tears), anxiety, 1muscle fatig.ue, insomnia, paresthesia, dermatitis, liver and kidney damage.

Xylenes are aromatic flammable solvents. Exposure may result in: irritation of the eyes, skin, nose and throat; dizziness; excitement; droYi5iness; incoordination; staggering gait; corneal vacuolization; anorexia; nausea; vomiting; abdominal pain and dermatitis.

Ethyl benzene is an aromatic flammable solvent. Exposure may result in: irritation of the .eyes, skin and mucous membranes; he,adache; dermatitis; narcosis and .,., coma.

2. Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers ·

Trailer 12 contains numerous containers of avionic paints, coatings and lubricants. The constituents identified by laboratory analysis include naphthalene, MEK,

, acetone, xylenes, toluene and ethyl benzene. Laboratory data has documented the presence of listed and characteristic RCRA hazardous wastes, which are hazardous

·substances as defined by Section 101(14) of CERCLA. The labo~atory data is documented in Appendix B, Table 3: Chemical Lab Data.

3. Threat of fire or explosion

Analytical data confirms that RCRA ignitable wastes at the Site have a flash pbint of 93°F or less. Average· daily outdoor temperatures in the area of Cabazon during the summer exceed 90°F and are regularly greater than 100°F. It can reasonably be assumed that the temperatures in the trailer(s) where these items are stored will exceed ambient outdoor temperatures and create an environment where spontaneous ignition

, of flammable vapors is possible. Trailers at the Site are stored in close proximity to one another and fire could easily engulf one of the adjacent trailers containing radioactive

· aircraft gauges and contamination. Smoke and heat from the fire would mobilize radioactive particulate and potentially create widespread radioactive contamination at the Site and surrounding area.

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4. Availability of other appropriate feder:-al or state response mechanisms to respond to the rel~ase

No other appropriate federal, local or state public funding source has been identified. The California State Emergency Reserve Account, administered by DTSC, is not permitted to fund the cleanup of radioactive materials. CDPH RHB has no authority or funding to conduct a clean.up of r?dioactive materials.

IV. ENDANGERMENT DETERMINATION ·

The current site conditions, the presence of radium-226 and its progeny, ignitable hazardou·s waste and· non-halogenated solvents pose serious threats to human health and the' environment through direct contact, inhalation, and ingestion. Radium-226, ignitable hazardous waste and non-halogenated solvents including: ethyl benzene, toluene, naphthalene, xylenes, acetone, and MEK are listed hazardous substances under the NCP ancj 40 C.F.R. § 302.4, Appendix 8, and are hazardous substances under section 101(14) of CERCLA.

Actual or threatened releases of hazardous substances from this Site, if not addressed by implementing the response action selected in this Action Memorandum, may present" an imminent and substantial endangerment to public health, welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

• Remove and dispose of radium containing materials. • Decontaminate or dispose of the trailers contaminated with radium and/or its

decay progeny. • Remove and dispose of all chemical hazardous sub~tances. • Remove and dispose of any radium contaminated soil.

2. Contribution to Remedial Performance

-The long-term cleanup plan for the Site:

Long-term remedial action at this Site is not anticipated. It is expected that this removal action will eliminate all threats of direct or indirect contact, combustion, or ' inhalation of hazardous substances at the Site. Consequently, EPA considers this a final action for the Site.

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Threats that will require attention prior to the start of a long-term cleanup:

There is no EPA long-term cleanup planned for this Site. The immediate threats that have been identified in the Action Memorandum will be addressed by the proposed removal action. , \ ·

T~e extent to which the removal will ensure that threats ·are adequately abated:

The removal of hazardous substances is expected to abate the threats from the Site.~. ' .

Consistency with the long-term remedy:

The removal of hazardous substances is expected to abate the threats from the Site.

Post Removal Site Control

No Post Removal Site Control measures are anticipated at the Site.

3. Description of alternative technologies

Alternative technologies are not considered forthe proposed response action.

4. Applicable or Relevant and Appropriate Requirements (ARARs)

Section 300.41'5(j) of the NCP provides that removal actions must attain ARARs to the extent practicable, considering the exigencies of the situation.

Section 300.5 of the NCP defines applicable requirements as cleanup standards, standards of control, and other substantive environmental protection requirements, criteria or limitations promulgated under federal environmental or state environmental or facility siting laws that specifically address a hazardous substance, pollutant, contaminant, remedial action, location or other circumstances at a CERCLA site.

Section 300.5 of the NCP defines relevant and appropriate requirements as cleanup standards, standards of control and other substantive requirements, criteria~ or limitations promulgated under federal environmental or state environmental or facility siting laws that, while,not "applicable" to a hazardous substance, pollutant, or contaminant, remedial action, location, or other circumstances at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA site and are well-suited to the particular site.

CERCLA Section 121(e) exempts any response action conducted entirely on-site from having to obtain a Federal, State or local permit, where the action is carried out in compliance with Section 121. Because CERCLA on-site response actions do not

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require permitting, only substantive requirements are considered as possible ARARs. Administrative requirements such as approval of, or consultation with administrative bodies, issuance of permits, documentation, reporting, record keeping and enforcement are not ARARs for the CERCLA response acti.ons confined to the Site. The following ARARs have been identified for the.proposed response action. All can be attained.

Federal ARARs: Potential federal· ARARs may include: the RCRA Land Disposal Restrictions, 40 C.F.R. § 268.40 Subpart D; the CERCLA Off-Site Disposal Restrictions, 40 C.F.R. § 300.440; 10 C.F.R. Part 20 Subpart C: Occupational Dose Limits; 10 C.F.R. Part 20 Subpart E: Radiologic9l Criteria for License Termination; 29 C.F.R. § 1910.120: Hazardous Waste Operations and Emergency Response; the U.S. Department of Transportation of Hazardous Materials Regulations 49 C.F.R. Part 171, 172 and 173; and the U.S. Nuclear Regulatory Commission Regulatory Guide ·1.86: Termination of Operating Licenses for Nuclear Reactors.

State ARARs: Potential state ARARs may include: Title 22, California Code of Regulations (C.C.R.) Article 3: Characteristics of Hazardous Waste; Title 22 C.C.R. Article 4: Lists of ·Hazardous Wastes; Title 22 C.C.R. Article 5: Categories of Hazardous Waste; and Title 17 C.C.R. § 30253: Standards for Protection Against Radiation.

4. Project schedule

The removal is expected to begin in early October 2013 and will take approximately two weeks to complete.

B. Estimated Costs

Extramural Costs:

Regional Removal Allowance Costs:

ERRS START PST

Subtotal. Extramural Costs

Extramural Costs Contingency (20% of Subtotal, Extramt,Jrai,Costs)

TOTAL, Removal Action Project Ceiling:

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$575,000 $ 70,000 $ 5,000

$650,000

$130,000

$780,000

VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN

Given the Site conditions, the nature of the hazardous substances documented on-Site and the potential exposure path~ays to nearby populations described in Sections Ill and IV above, actual or threatened releases ofhazardous substances from the Site, if not addressed by implementing the response actions selected in this memorandum, present an imminent and substantial endangerment to public health, or welfare, or the environment.

, Delayed action or no action may increase public health risks to the nearby population or to vandals and trespassers due to the ongoing potential of combustion of, physical exposure to, or commingling of incompatible hazardous substances at the Site. The "worst-case .. scenario, if no action is ~aken, would be for the hazardous substances present at the Site to be dispersed to the environment and threaten nearby populations,

. due to these potential events, and for there to be exposure to vandals and trespassers who might enter th~ premises.

VII.VI.OUTSTANDING POLICY ISSUES

There are no O!Jtstanding po_licy issues with the· Site.identified at this time.

VIII. VII. ENFORCEMENT

Please see the attached Confidential Enforcement Addendum for a discussion regarding potentially responsible parties ahd enforcement. In additi.on to the extramural costs estimated for the proposed action, a cost recovery enforcement action also may recover the following intramural costs:

Intramural Costs 1

U.S. EPA Direct Costs

U.S. EPA lndirectCosts (45.79% of $780,000 + $24,000)

TOTAL Intramural Costs

$ 24,000

$368,000

$392,000

1 Direct costs include direct eXtramural costs and direct intramural costs. Indirect costs are calculated based on an estimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with the full cost accounting methodology effective October 2, 2000. These estimates do not include pre-judgment interest, do not take into account other enforcement costs, including Department of Justice costs, and may be adjusted during the course of a removal action. The estimates are for illustrative purposes only and their use is not intended to create any rights for responsible parties~ Neither the lack of a total cost estimate nor deviation of actual costs from this estimate will affect the United States' right to cost recovery.

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The total EPA extramural and intramural costs for this removal action based on full-cost ' accounting practices that will be _eligible for cost recov~ry· are estimated to be

$1 ,.172,000. Of the costs proposed in this memorandum, an estimated $780,000 comes from the Regional removal allowance.

IX. RECOMMENDATION

This decision document states the recommended removal action for Banaire Radium Trailers Site, Cabazon, Riverside County, California, as developed in accordance with CERCLA and not incOnsistent withJhe NCP. This decision is based on the Administrative Record for the Site.

Because conditions at the Site meet the NCP criteria for a time-critical removal, I recom.mend that you ur on the determination of imminent and substantial endangerment, po ed removal action and the anticipate'd direct extramural and int~amural cost , 171 ,000. You may indicate your decision by signing below.

Approve: P ter uria, Acting Assistant Director Superfund Division

Disapprove: P~ter Guria, Acting Assistant Director Date Superfund Divisi.on

Confidential Enforcement Addendum J

Attachments:

I. Index to the Administrative Record II. Figures Ill. Tables

cc: Site File -' Steve Berninger, ORC-3

Celeste Temple, .SFD-9-4 Sherry Fielding, OERR, HQ

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Confidential Enforcement Addendum

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r ATTACHMENT I INDEX TO THE ADMINISTRATIVE RECORD

1. · Banaire Radium Trailers- Letter Report. EcoiC?gy and Environment, Inc. July 24, 2013.

2. Agency for Toxic Substances and Disease Registry (AfSDR) ToxFAQs, Radium CAS#7440-14-4. ATSDR. July 1999a.

3. · Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs, Ionizing ' R_adiation. ATSDR. September 1999b. ·

4. Notice of Federal Response to PRPs

\ 5. · Referral Form

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ATTACHMENT II FIGUR.ES

1. Figure 2a: Site Location Map

2. Figure 3a; Site Features Map

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ATTACHMENT Ill TABLES

1. Table 1: Summary of Trailer Contents and Gamma Screening Results

2. Table 2: Summary of Wipe Sample Field Screening Data- Removable Alpha

3. Table 3: Summary of Validated Sample Data

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