UNITED STATES ENVIRONMENTAL PROTECTION AGENCY - REGION III ~— S4l Chestnut Building , PennsylvaniiMB O S WMa 19107-4431 , SUBJECTi Approval of a Funding Request for a Removal Action Paint site Philadelphia, Philadelphia County, PROM: Peter H. Kostmayer Regional Administrator (3RAOO) " TO: * Elliott P. Laws, Assistant Administrator Office of Solid Waste and Emergency Response (5101) THRUi Henry L. Longest II, Director Office of Emergency And Remedial Response (5201) ATTN: Deborah Y. Dietrich, Director Emergency Response Division (5202) ISSUE The attached CERCLA Funding Request pertains to the Belfield Paint Site (Site) in Philadelphia, Philadelphia County, Pennsylvania* A removal site assessment performed in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, by the Region III EPA staff has identified an imminent and substantial threat to public health and welfare and to the environment posed by the incompatible storage of substances at the site. Flammable, combustible, organic, and oxidizing materials were found in several drums contained inside the building located at the Site. Hazardous characterization field screening tests of these potentially hazardous materials revealed Resource Conservation and Recovery Act (RCRA) characteristics for flammability and corrosivity. Currently, access to the Site is unrestricted and a fire of suspicious origin has destroyed two surrounding buildings; Based upon the unrestricted access to the site, the Site's location, vulnerability to acts of malicious mischief and the very great potential for future arson-related fires involving the hazardous substances remaining onsite, there exists an imminent threat to the public health and welfare and to the environment. Because conditions at the Belf ield Paint Site meet the Removal Criteria set forth in the NCP and pursuant to the Delegation of Authority 14-1-A, which authorizes the Regional Administrator to approve CERCLA Removal Actions with a total cost of less than $2,000,000, Region III has approved the release of funds for the Belf ield Paint Site in the amount of $1,106,500, of which approximately $1,046,500 are for Extramural Costs. Attachment: Initial Funding Request

- ARI 00009 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 841 Chestnut Building Philadelphia, Pennsylvania 19107-4431 H SUBJECT: Request for Funds for a Removal Action Belfield Paint Site Philadelphia, Philadelphia County, Pennsylvania FROM: Douglas P. Fox, On-Scene Coordinator Eastern Response Section (3HW31) TO: Peter H. Kostmayer Regional Administrator (3RAOO) THRU: AOTaiaOT^FeVdas,' /JJSSQCJffieT"fii^j-sign Director for ^uperfund Programs (3HW02)

I. ISSUE The attached CERCLA Funding Request pertains to the Belfield Paint Site (Site) in Philadelphia, Philadelphia County, Pennsylvania, ("the Site"). I have observed conditions at the Site which may pose an imminent and substantial threat to human health and welfare and to the environment due to the presence of uncontrolled hazardous substances in drums and containers. The drums and containers where observed by the On-Scene Coordinator (OSC), during a Removal Assessment performed in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) , 40 CFR Part 300. The OSC has determined that the Site meets the criteria for initiating a Removal Action under Section 300.415 of the NCP. Funds are required to begin a Removal Action pursuant to Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended, 42 USC § 9604. The actions necessary to abate the threats at this Site are anticipated to require less than 12 months and to be within the $2 million statutory limits for Removal Actions.

II. BACKGROUND A. Site Description The Belfield Paint Site consists of one building located at 5252 Belfield Avenue in Philadelphia, Philadelphia County, Pennsylvania. The Site is be.lieved to have been used as a storage and staging facility for waste drums by a paint company previously located in an adjacent building. The area surrounding the Site is urban and residential in nature, with automobile dealerships located across the street from the Site. SEPTA'S Fernrock train station is located directly behind the Site. The nearest residence is approximately one block from the site.

flRIOOOlO B. SITS BACKGROUND On May, 20, 1994, The Philadelphia Fire Department notified EPA of a suspected arson fire located at 5238 Belfield Avenue. While the Philadelphia Fire Department was inspecting the fire, they nottcetT an adjacent building, at 5252 Belfield Avenue. The Philadelphia Fire Department reported that the 5252 Beltield Avenue building, which is located on the Site, contained an estimated 200 drums unlabeled and haphazardly piled together. On Saturday, May 21, 1994, a second arson-set fire was ignited at the 5252 Belfield Avenue building resulting in a burned roof. On June 2, 1994, EPA performed a Removal Assessment which included haz-cat field screening of 20 of the estimated 200 drums located inside the 5252 Belfield Avenue building. These drums were chosen because they were more safely accessible than the others and were considered to be representative of the bulk of the drums present. There is also unrestricted access to the 5252 Belfield Avenue building which appears to be an abandoned property.

C. QUANTITIES AND TYPES OF SUBSTANCES PRESENT Approximately 200 drums were found during the Removal Assessment. Most of the drums are weathered with no labels attached to them. Hazard characterization field screening tests of 20 drums revealed the following: one (1) drum contains an oxidizing and corrosive material (pH equal to 12); two (2) drums contain oxidizing material; eight (8) drums contain combustible material; two (2) drums contain highly flammable material; and seven (7) drums contain material which exhibits organic characteristics which implies that, while this material may not be flammable or combustible, it will readily burn. All of the drums are staged in close proximity to one another (randomly stacked as many as five high), which creates a substantial hazard. Hazardous characterization field screening revealed that the materials in more than half of the drums screened showed RCRA characteristics for flammability and corrosivity. A potential secondary hazard for fire exists in the event that oxidizing materials come in contact with organic materials, a circumstance that could easily occur under the existing conditions. D* State and Local Authorities' Rolea The Philadelphia Fire Department requested EPA assistance in performing a Site Investigation at the Belfield Paint Site. State and Local officials have asked EPA to take the actions necessary to eliminate the threat at the Site. The OSC will continue to coordinate all activities with State and local authorities. E. NFL Sit* Status The Belfield Paint Site has not yet been evaluated for placement on the National Priorities List (NPL). The OSC will provide all Site information to the Site Assessment Section of Region III for determination for the NPL.

flRIOOOl III. THREATS TO PUBLIC HEALTH OR WELFARE AND THE ENVIRONMENT Conditions at the Belfield Paint Site continue to pose an immediate threat to human health, welfare, and the environment due to the presence of hazardous material inside the building. Section 300.415, of the National Oil and Hazardous Pollution Substances Contingency Plan, outlines the factors which should be considered appropriate for funding. Section 300.415, paragraphs (b) (2) (i), (iii), (v), (vi), and (vii) are directly applicable to the situation at the Belfield Paint Site. A. 300.415 (b)(2)(i) "Actual or potential exposure to nearby human populations, animals, or food chain from the hazardous substances or pollutants or contaminants." The unrestricted access to the Site which currently contains the hazardous substances creates the potential for a direct contact threat to any person or animal that comes onsite. Trespassers have frequented the property and have destroyed or set fire to portions of the building located onsite and to surrounding buildings. Uncontrolled releases from the Site to the ground by spills or to the air from fires have the potential of entering the nearby residential area and impacting the residents. B. 300.415 (b)(2)(iii) "Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers, that may pose a threat of release." Currently, drums of flammable, corrosive and possibly other hazardous substances are contained inside the building and are in poor condition. The threat of a release of these materials is compounded by the fact that there is unrestricted access to the 5252 Belfield Avenue building located on the Site which appears to be an abandoned property. One arson fire has already occurred at the Belfield Paint Site and two arson fires have occurred at adjacent buildings. The accidental or intentional release of these substances can occur through additional acts of vandalism or arson. C. 300.415 (b)(2)(v) "Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released" The Philadelphia Department of Licenses and Inspections has condemned the building. The collapse of the building could cause a release of the drummed substances. The roof of the 5252 Belfield Avenue building located on the Site was severely burned

flRIOOOI2 from a suspected arson induced fire. The Philadelphia Department of Licenses and Inspections subsequently removed the roof due to the unsafe-conditions. Continual exposure to the weather will accelerate the deterioration of the drums. Due to the extensive fire damage, erosion of the standing walls continues. ' D. 300.415 (b)(2)(vi) "Threat of fire or explosion" The Philadelphia Fire Department has deemed the Belfield Avenue Site Property to be a serious fire hazard. Already three arson fires have destroyed surrounding buildings during Hay 20, 1994, and Hay 21, 1994. Two of the fires have occurred on the Belfield Paint Site and the building adjacent to the Site. The threat of future fires at this Site is deemed extremely imminent by the Philadelphia Fire Marshal's Office. E. 300.415 (b)(2)(vii) "The availability of other appropriate federal or state response mechanisms to respond to the release" The City of Philadelphia and Pennsylvania Department of Environmental Resources (PADER), do not have the resources at this time to undertake the cleanup action at this Site. The City of Philadelphia has officially requested EPA assistance in abating the threats at the Belfield Paint Site.

XV. ENDANGERMENT DETERMINATION The actual or threatened releases of hazardous substances at the Site, if not addressed by implementing the response action selected in this Action Memorandum, may present an imminent and substantial endangerment to public health and welfare and to the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS A. Proposed Action The actions proposed for the Belfield Paint Site are designed to eliminate the imminent and substantial threats posed by the hazardous substances, pollutants or contaminants onsite. The proposed actions are as follows: o Prevent unauthorized access to the Site. o Segregate drums to prevent accidental mixing of substances, overpack drums of questionable integrity to minimize leakage. Stage drums according to catagory.

flRlOOOI3 o Sample drummed and spilled material to characterize prqge£ly for transportation and disposal, the hazardous substances found onsite. Properly dispose of all hazardous substances at the Site, in accordance with applicable laws. B. Estimated costs Proposed Ceiling Extramural Costs Regional Allowance Costs ERGS $700,000 Contingency 140,00 Costs not Funded from the Regional Allowance TAT $ 70,000

Subtotal, Extramural Costs $910,000 15% Contingency 136,500

Total Extramural $1,046,500 Intramural Costs EPA Direct $ 20,000 EPA Indirect 40,000

Total Intramural $ 60,000

TOTAL ESTIMATED PROJECT CEILING $1,106,500 C. Contribution to Remedial Performance The Belfield Paint Site has not been evaluated for the National Priorities List (NPL), and there are no plans for long- term remedial activities at this time. Removal actions shall, to the extent practicable, contribute to the efficient performance of any anticipated long-term remedial action with respect to the release concerned.

flRIOOOli* D. Compliance with The Removal Action set forth in this Memorandum will comply with applicable or relevant and appropriate environmental and health requirements (ARARs), to the extent practicable, considering the exigencies of the situation. Such requirements will include regulations under the Resource Conservation and Recovery Act for re-containerizing hazardous substances. The OSC has contacted the Emergency Response Coordinator for the Conshohocken office of PADER and requested the identification of ARARs for this site by August 31, 1994.

VI. EXPECTED CHANGE IN THE SITUATION SHOULD NO ACTION BB TAKEN OR ACTION DELAYED If no action is taken or the action is delayed, the threat of accidental or intentional release of RCRA flammable or corrosive materials from the onsite drums and containers by vandals, arson, or mischance will continue to increase. Access to the Site is unrestricted, permitting humans and animals to come in contact with hazardous substances. VII. OUTSTANDING POLICY ISSUE There are no outstanding policy issues pertaining to the Belfield Paint Site.

VIII. ENFORCEMENT STATUS Region Ill's Removal Enforcement Section has been provided with all background available to pursue any, and all, enforcement actions pertaining to the Belfield Paint Site. See attached Confidential Enforcement Addendum.

IX. REGIONAL RECOMMENDATION Because conditions at the Belfield Paint Site meet the NCP Section 300.415(b) criteria for a Removal Action, and meet the criteria of CERCLA Section 104(c), I recommend your approval of the request for $1,106,500, of which approximately $1,046,500 are for Extramural Costs. You may indicate your approval or disapproval by signing below.

APPROVED ldx?X ^-Vco^y-^ Uf&f-t&i ^&~.DATBi S

DISAPPROVED: DATEI

Attachment: Confidential Enforcement Addendum

flRIOOOIS ~ ~ ~ ENFORCEMENT ADDENDUM TO Request-for a Funding Authorization for Removal Action at Belfield Paint Sit«, Philadelphia, Pennsylvania..

The Removal Enforcement Section ("Enforcement") has reviewed the referenced Request for Removal Action ($1,106,000) for the Belfield Paint Site in Philadelphia, Pennsylvania, and has developed the following information relative to the potential for enforcement action: A. PRP Idantifieation The PRP Search identified the following entities as Potentially Responsible Parties: Sophia Ken 9 Hartford Lane Radnor, PA Ming Ming Chua 372 Liverville Road King of Prussia, PA Sophia Keh and Ming Ming Chua are PRPs because they are the current owners of the Site property. The ownership was verified through Department of Deeds and Records located at Philadelphia County City Hall. The Site property was purchased in May of 1981 by the Keh and Chua families who operate a warehouse distribution business at the Site property. The operators of the business are brothers, Alfonso Keh and Alberto Chua who are the husbands of Sophia and Ming. The financial viability of the PRPs has not been determined at this time. It is uncertain if the PRPs are capable of performing the cleanup of the Site. Interviews were conducted with Mr. Alfonso Keh and Mr. Alberto Chua who stated that the drums and contamination at the Site were left there by the previous owner. They further stated that the previous owner told them that the drums would be removed. Mr. Keh and Mr. Chua stated that they are spokesmen for their wives and that they do not give their permission for EPA to have access to the Site until their attorney advises them. The PRP search investigation is continuing in efforts to identify additional PRPs, including the generators of the drums.

flRioooie B. Notification of PRPa of Potential Liability and of th« ed Removal Action Mr. Keh and Mr. Chua as representatives of their wives were verbally noticed that they were Potentially Responsible Parties and that they may be liable for the cost of the cleanup of the Site under CERCLA. They were also informed that they would be given opportunity to do the response work at the Site. Notice letters are being prepared for issuance to Mrs. Keh and Mrs. Chua . C. Decision Whether to Issue an Order An Order will not be issued at this time. However an Order will be issued when the financial viability of the PRPa is determined or if other, viable PRPs were identified.

D. P aeommendat JOH Enforcement recommends that the Funds for the Removal Action be approved, however, those funds should not be spent until the owners of the property decline to perform any work at the Site. If the PRPs do not initiate work within the time period specified by the OSC, fund should be provided so that disposal of the hazardous substances may be initiated. If it is then determined that any or all of the PRPs are financially capable of performing work, an order requiring them to takeover the response action will be issued.

Prepared by: Lawrence H. Richardson Civil Investigator Removal Enforcement Section Superfund Removal Branch

ENFORCEMENT CONFIDENTIAL

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