Action Memorandum - Request for a Time Critical Removal Action at the Frost Manufacturing Company Site, Kenosha County, Kenosha, Wisconsin

Memorandum to William E. Muno, regarding threat of public health and environment at Frost Manufacturing Company, at Kenosha, Wisconsin.

254396

1997-01-15 00:00:00.0

WID006090286

Frost Manufacturing Company

PDF

Environmental Protection Agency

Reiniero A. Rivera

Administrative Record

Emergency Response & Removal

text

Public Health

Environment

Frost Manufacturing Company

Environmental reporting

Midwest

Environmental Protection Agency

City of Kenosha

1997-01-15

Environmental Protection Agency

City of Kenosha

Copyright undetermined

eng

Kenosha, Wisconsin

PDF

000'- 005
£

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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REGIONS
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REPLY TO THE ATTENTION OF

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MEMORANDUM
DATE:
SUBJECT:

ACTION MEMORANDUM - Request for a. Time Critical Removal Action at the
Frost Manufacturing Company Site, Kenosha County, Kenosha, Wisconsin

FROM:

Reiniero A. Rivera, On-Scene Coordinator
Emergency Response Section II

TO:

William E. Muno, Director
Superfund Division

t

THRU: Richard Karl, Chief
Emergency Response Branch
Site ID#: A551
I. PURPOSE
The purpose of this memorandum is to request approval to expend up to $973,900 to abate an
imminent and substantial threat to public health and the environment present at the Frost
Manufacturing Company (FMC) site, 6523 14th Avenue, Kenosha County, Kenosha, Wisconsin.
The site is part of the State of Wisconsin Brownfield Environmental Assessment Pilot (BEAP)
Program which is a Federal and State funded organized commitment to help communities to
environmentally revitalize abandoned properties, identify potential health risks, and restore
economic vitality to areas where such brownfield properties exist. From the applications to the
pilot, the Wisconsin Department of Natural Resources (WDNR) selected this site, which is also
located in what is considered an environmental justice area, and referred it to the U.S. EPA for a
potential removal assessment. As a result of the assessment, the site was evaluated and
recommended for the proposed removal action.
The site primarily manufactured in its latest years chrome plated plumbing trim and swimming
pool deck equipment. Before that, FMC also performed leaded brass metal casting, but the
casting operation closed in 1991. The removal action seeks to abate the imminent and substantial
threat to human health and the environment posed by the presence of plating wastes on site as
well as improperly stored drums, containers, and sumps containing hazardous materials with pH

Recycled/Recyclable-Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumerj

levels of 1.0 and 0.0 and elevated concentrations of leachable chromium. In addition, several
open drums of flammable liquids, acids, and unknown contents are present in the main plant
building and some of the sheds on site. It is estimated that the removal action will require 90 onsite working days to complete. This proposed removal action is considered time critical due to
the current conditions of the building which may worsen the threat during precipitation events and
cold weather periods, the vandalistic events occurring at the site, and the proximity of the
residents to the site.
D. SITE CONDITIONS AND BACKGROUND
A. Site Description
1. Site history
The FMC site was a metals manufacturing and finishing company from the turn of the century
until 1994. The FMC manufactured copper tubing, chrome-plated plumbing trim, swimming pool
deck equipment, and leaded-brass castings. The brass foundry building consisted of seven main
areas: a core department, a grinding department, a mold department, a south blowmatic molder, a
link shakeout, a melt department, and a boiler room. The production process area consisted of an
annealing furnace, metal drawing machines, a plating area, an electropolishing and stripping area,
and a buffing process area. Wastes handled at the facility included electroplating sludge, buffing
dust, sludge filters, solvents, wastewater, and foundry sand. A new wastewater treatment unit
was installed in 1987 for pretreatment of the electroplating wastewater before discharge to the
City of Kenosha's sanitary sewer system.
The facility was a large quantity generator of hazardous wastes regulated under the Resource
Conservation and Recovery Act (RCRA). The U.S. EPA hazardous waste generator
identification number for FMC was WID006090286. Hazardous wastes generated on site were
foundry sand and buffing dusts from the leaded-brass foundry, and wastewater treatment sludges
from the electroplating operations. Other generated hazardous waste included spent solvents.
The leaded-brass foundry operation has been inactive since September 1991 and the rest of the
facility (plating, polishing, and machining) has been inactive since 1994. The company operating
the facility was incorporated in the state of Wisconsin on November 3, 1902, as P.P.
Incorporated. P.P. Inc. was administratively dissolved on June 18, 1996. The last annual report
filed by the company was for 1993. Another corporation, S.R. Smith, leased space in the facility
for a period of time after FMC ceased operating the facility. S.R. Smith used the plating and/or
electropolishing facility at the site. As of June 30, 1996, FMC owed the County of Kenosha
$190,557 in back property taxes.
2. Physical location
The 4.5 acre site is located at 6523 South 14th Avenue (latitude. 42°34'29.1" N, longitude:

87°49'36.4" W), occupying about !/2 of a city block in a mixed-use, single family, residential/heavy
industrial neighborhood (see Figure 1). The property includes one large building consisting of the
original plant (1903) and additions to it, a foundry building located north of the main building,
several small sheds located on the east side of the main building, and 0.41 acres used for parking.
The site is bordered by residential areas to the west across 14th Street, 65th Street to the north,
the Union Pacific Railroad (UPRR) (formerly the Chicago and Northwestern Railroad) to the
east, and Becker Inc. to the south. Storm water run-off is collected by storm sewers and
discharged to Lake Michigan.
3. Site characteristics
The FMC property is located in a relatively flat area with the exception of the eastern border of
the property which is adjacent to the UPRR. The railroad is approximately 15 feet above the
FMC property. Most of the site is either paved, asphalt over brick or concrete, or contains
buildings. Several buildings are located on the property (Figure 2). From north to south they are:
brass foundry building, sand storage building, parking shelter, main building, and three equipment
and part storage sheds along the east side of the property. The main building has had several
additions to it over the years and parts of it have deteriorated or been vandalized. The office
section of the main building was set on fire by vandals in May 1996. The industrial buildings are
surrounded by chain-link fence, but this has not been sufficient to prevent access by vandals, as
documented by the City of Kenosha.
4. Removal site evaluation
On July 24, 1996, U.S. EPA's On-Scene Coordinator (OSC) Reiniero (Rey) Rivera, Keith
Lesniak, Assistant OSC, John Burnett, Site Assessment Specialist of the WDNR, and one
Superfund Technical Assistance Response Team (START) Member, John Nordine, performed a
removal assessment at the site. Access to the property was provided by Sharon Krewson, Real
Estate Agent from the City of Kenosha Department of City Development.
Approximately eighty four 55-gallon drums, two 30-gallon drums, fourteen 5-gallon buckets,
three 1-gallon pails, and eleven sumps were found on site. Sample results from some of the drum
and vat contents indicate the presence of plating wastes. The analysis for Toxic Characteristic
Leaching Procedure (TCLP) metals shows that leachable chromium exists in open vats as well as
potentially on the building floor. Several open 55-gallon drums of flammable liquids, acids, and
unknown contents were observed in the main building and in some of the sheds on site. Two
transformers areas were located on the east side of the main building. All utilities at the FMC site
had been turned off by the City of Kenosha.
The building is relatively free of debris, however, several areas exist where people could be
exposed to residual chemical. In several places green powdered chemicals were spilled. In one
room, barrels of what appeared to be plating waste were tipped out on the floor. In the plating
area, there are sumps with liquids and plastic covering places where plating occurred. Although

mostly free of debris, a number of significant physical hazards are present. In the northern most
sector of the building there are several trenches four feet wide and four feet deep into which
someone could fall. The plating area of the main building contains several sumps with standing
liquid.
Presenting also possible chemical hazards are a number of barrels with unknown contents. The
building may also present inhalation exposure issues. Although an odor of solvents cannot be
noticed, spilled plating wastes may present air quality problems. In the area were plating activities
once occurred, an odor of sulfuric acid is noticeable. The recent fire set by vandals in the office
area left an unmistakable odor of wet fire.
Several areas of the FMC site showed signs of vandalism. The lock on the foundry building door
had been pried off. Most windows of the main building have been broken. In the alley behind the
main building, several 55-gallon drums had been tipped over, thereby releasing their contents to a
storm drain. Most of the sheds showed signs of vandalism; anything left in the sheds had been
thrown to the ground. In the boiler room, vandals had opened several 55-gallon drums of
"Benzene Oil," which released the oil onto the floor and into the floor drain. A yellow powder
had been spilled on the floor by the entrance to the plating area. In a room near the annealing
furnace, two white poly 55-gallon drums had been tipped over, the first drum contained a bright
green liquid and solid with a pH of 0.0 standard units (S.U.). The remaining drum contained a
grey semi-solid material.
5. Release or threatened release into the environment of a hazardous substance, or
pollutant or contaminant
The property history indicates that there is a high potential for contamination on the site. Waste
in drums, sumps, floor pits, floor drains and on the floor of the main building may be hazardous.
Some of the wastes sampled during the removal assessment had extremely low pH and are likely
characteristic hazardous wastes. Transformers and lighting ballasts on site may contain
polychlorinated biphenyls. Roofing materials and other building materials probably contain
asbestos-containing materials.
Wastewater from metal finishing processes conducted at the site were, in many cases very low
pH wastestreams which may have corroded the metal pipes and connections under the floors
creating pathways for contamination to spread into the underlying soils and groundwater.
Corrosion of concrete sumps and floor pits may also have resulted in contamination of underlying
soil and groundwater.
6. NPL status
The site is not included on the National Priorities List (NPL). The site has been selected by the
WDNR as a participant in the State's Brownfield Environmental Assessment Pilot (BEAP)
Program which intends to encourage the redevelopment of abandoned and contaminated industrial

sites to return them to productive use. The site was referred to the Regional Emergency
Response Program as a result of the initial site reconnaissance conducted by the State as part of
the Phase I investigation of the pilot program. The site has not been referred to the traditional site
assessment program and therefore will not receive a site assessment inspection nor will a
PREscore be developed. As a result of the removal site assessment, the site was evaluated and
recommended for the proposed removal action.
B. State and Local Authorities' Role
1. State and local actions to date
The site was initially discovered through a large quantity generator inspection of the FMC facility
by the WDNR, on September 28, 1993. As a result of the inspection, FMC received several
Notices of Noncompliance. On October 6, 1993, the WDNR conducted a second inspection to
collect samples of the foundry sand. The samples were split with FMC and both sets of analytical
results showed that the waste foundry sand was a hazardous waste. To comply with the WDNR
closure performance standards, in May 1994, FMC contracted the services of Sigma
Environmental Services, Inc. (Sigma), to prepare a Closure Plan for the brass foundry facility
building. The Closure Plan for the brass foundry building was completed during September 1994.
On May 20, 1996, representatives from the Wisconsin Division of Health, Bureau of Public
Health, the WDNR, the Kenosha County Health Department, and the City of Kenosha visited the
FMC site to determine possible health threats posed by the abandoned facility in a residential
neighborhood. Both physical and chemical hazards were evident to the participants. The City has
tried to secure the building from vandals to no avail. For lack of funds, no further investigation
has been conducted at this property to define the nature and extent of contamination. This is the
first federal removal action at the facility.
2. Potential for continued State/local response
The site is being evaluated by the WDNR as a potential brownfield property. As part of the
BEAP Program and based on available information, the City of Kenosha and the WDNR
requested the U.S. EPA to evaluate the possibility of a removal action at the site. Once the
proposed removal action eliminates the emergency threat at the site, the State will continue
evaluating the site under its BEAP Program. The WDNR is planning to conduct a Phase II
investigation and prepare a report for the City and any potential developer on the environmental
conditions of the site after the removal action.
HI. THREAT TO PUBLIC HEALTH OR WELFARE OR THE EN VmONMENT AND
STATUTORY AND REGULATORY AUTHORITIES
Current conditions present at the Frost Manufacturing Company site constitute an imminent and
substantial threat to public health and welfare and the environment, based upon considerations as

set forth in the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40
C.F.R. § 300.415 (b)(2). Accordingly, a time critical removal action is the appropriate response
action at the FMC site. These conditions include, but are not limited to, the following:
i) Actual or potential exposure to nearby human populations, animals, or food
chain from hazardous substances or contaminants.
Potential exposure of nearby populations to hazardous materials exists at the FMC site
due to its location in an industrial and residential area. The industrial buildings are
surrounded by a chain-link fence, but this is not sufficient to prevent access by children,
animals, and vandals. Elevated concentrations of TCLP chromium (400 mg/L, and 9,000
mg/L) were detected in sump and drum samples. Chromium is a cumulative toxicant, and
the human exposure conditions of most concern are long-term exposure to elevated levels
in diet. Sump and drum samples, with pH levels of 1.0 and 0.0, also exhibited the
characteristic of corrosivity as defined at 40 C.F.R. § 261.21 (a)(l).
ii) Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or
other bulk storage containers that may pose a threat of release.
Samples collected during the site assessment indicate that hazardous materials are present
on site. Approximately eighty four 55-gallon drums, two 30-gallon drums, fourteen 5gallon buckets, three 1-gallon pails, and eleven sumps were found on site. Sample results
from some of the drum and vat contents indicate the presence of plating wastes. Several
open 55-gallon drums of flammable liquids, acids, and unknown contents were observed in
the main building and in some of the sheds on site. The drums pose a potential threat of
release.
iii) Weather conditions that may cause hazardous substances or pollutants or
contaminants to migrate or be released.
Because the building is not maintained, weather conditions may promote the release of
hazardous chemicals from containers stored in the building. Most windows of the main
building have been broken. The roof of the facility leaks during precipitation events,
therefore, the possibility exists that sumps, pits, and drums that are open could overflow
due to events of heavy precipitation. Freezing temperatures during winter months may
cause rupture of containers at the site, resulting in a release.
iv) The threat of fire or explosion.
The office area of the FMC site was set on fire by vandals on May 16, 1996. Should
another fire occur, the potential for a rupture of an on-site drum or container exists. The
resulting release would pose a health risk to near-by residents.

v) The unavailability of other appropriate Federal or State response mechanisms to
respond to the release.
This factor supports the proposed action at the FMC site because WDNR or local officials
do not have the necessary resources to respond to an emergency situation.
IV. ENDANGERMENT DETERMINATION
Given the present site conditions, the nature of hazardous substances on site, and the potential
exposure pathways described in Sections II. A. 5 and III above, 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, or welfare, or the environment.
Hazardous materials exist in open drums, sumps, vats as well as on the floor of the building due to
TCLP-chromium concentrations exceeding five parts per million (ppm) which demonstrate the
hazard characteristic of the wastes. Containers of flammable liquids, acids and unknown contents
also present a threat to public health and the environment.
V. PROPOSED ACTIONS AND ESTIMATED COSTS
A. Proposed Actions
1. Proposed action description
The response actions described in this memorandum directly address actual or threatened releases
of hazardous substances or contaminants at the site which may pose an imminent and substantial
endangerment to public health and safety, and to the environment. These response actions do not
impose a burden on the affected property disproportionate to which that property contributes to
the conditions being addressed.
The purpose of this removal action is to mitigate the imminent and substantial threats posed to
public health or welfare or the environment from wastes at the site. The proposed immediate
response action includes the following actions:
a) Prepare a workplan which includes a site safety and health plan addressing continuous
monitoring of air borne contaminants and dust control measures.
b) Secure the site by establishing after working hours security during removal activities
and repairing or replacing damaged fencing.
c) Abate, package, and dispose of potential friable asbestos-contained materials found
inside and outside the building.

8

d) Decontaminate metal and other debris, and dispose or recycle as appropriate.
e) Decontaminate the buildings and contents that are clearly impacted by the release of
the contaminants of concern and sample to verify that the structure has been cleaned to
acceptable levels.
f) Conduct compatibility testing on liquids, sludges, solids, and other hazardous wastes
and substances.
g) Stage, sample, remove, and dispose of drums, containers, above ground and below
ground storage tanks, and their contents, hazardous and non-hazardous debris, friable
asbestos, and contaminated waste pile in accordance with the U.S. EPA off-site rule.
h) Identify extent of contamination in the concrete and soil, and consolidate, remove
and/or decontaminate all hazardous wastes within the property and adjacent to the
property that are identified as contaminated.
i) Excavate and dispose of contaminated concrete and soil.
j) Properly address any additional hazardous wastes and/or materials identified during the
removal action.
Any wastes transported off site will be properly treated and disposed by the disposal facility in
accordance with U.S. EPA's off-site rule 40 C.F.R. § 300.440.
2. Contribution to remedial performance
The proposed action will not impede future responses based upon available information. The
FMC site is a non-NPL site for which remedial actions have not been planned to date. The
proposed removal action will address all threats meeting the removal criteria in the NCP, 40
C.F.R. § 300.415 (b)(2), as identified in Section III of this Action Memorandum. The proposed
action will also contribute to the City of Kenosha's interest in redeveloping the site and returning
it to productive use.
3. Applicable or relevant and appropriate requirements (ARARs)
A letter will be sent to the BEAP Program, Remediation and Response Bureau of the WDNR,
requesting the State to identify State ARARs. Compliance, to the extent practicable, with all
ARARs of Federal and State environmental statutes and law identified in a timely manner will be
assured during this removal action.

4. Project schedule
The removal action is expected to take approximately 90 work days to complete The project will
be conducted in two phases. The first phase, expected to take 60 days, will include preparation of
the site safety plan, mobilization of personnel and equipment, container sampling, compatibility
and bulk testing, waste consolidation, disposal bidding, and a concrete and soil extent of
contamination (EOC) study. The second phase, 30 working days, will include excavation of any
contaminated soil and concrete, and transportation and disposal of all wastestreams.
B. Estimated Costs
The detailed Emergency Response Cleanup Services (ERCS) contractor costs are presented in
Attachment A, with the summary of estimated project costs following:
REMOVAL PROJECT CEILING ESTIMATE
EXTRAMURAL COSTS
Cleanup Contractor Costs
Contingency (20%)

$

587,236
117.447

Subtotal
START Costs

$

704,683
36.400

Total Extramural Costs
Extramural Contingency (20%)

$

741,083
148.217

TOTAL, EXTRAMURAL COTS

$

889,300

$

29,700

INTRAMURAL COSTS
US. EPA Direct Costs
$30/hr (900 Regional + 90 HQ)
U.S. EPA Indirect Costs
$61 /hr x (900 Regional)

54.900

TOTAL, INTRAMURAL COSTS

$

84.600

TOTAL, REMOVAL PROJECT CEILING

$

973,900

10

VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR
NOT TAKEN
Delayed action will increase public health risk to the adjacent population given that weather
conditions, heavy precipitation and/or freezing temperatures during winter months, may worsen
the potential of hazardous wastes in drums, vats, pits to be released. In addition, trespassers may
be impacted by the physical and chemical hazards posed by the contaminated wastes and debris on
site.
Without undertaking the aforementioned actions, releases of hazardous wastes may occur in the
building, the surrounding soils, and eventually off site.
VH. OUTSTANDING POLICY ISSUES
There are no outstanding policy issues for the Frost Manufacturing site.
VHI. ENFORCEMENT
For administrative purposes, information concerning the enforcement strategy for this site is
contained in an Enforcement Confidential Addendum (see Attachment B).
IX. RECOMMENDATION
This decision document represents the selected removal action for the Frost Manufacturing
Company, Kenosha County, Wisconsin, developed in accordance with CERCLA as amended, and
is not inconsistent with the NCP. This decision is based on the Administrative Record for the site
(see Attachment C). Conditions at the site meet the criteria of the NCP, 40 C.F.R. § 300.415
(b)(2), for a removal action and I recommend your approval of the proposed removal action. The
total estimated project ceiling, if approved, will be $973,900. Of this, an estimated $852,900 may
be used for cleanup contractor costs. You may indicate your decision by signing below:

APPROVE

:

wL. £.
H'/u^Superfund Division Director

DISAPPROVE:

DATE:.
Superfund Division Director

FIGURES:
1: Site Location Map
2: Site Features Map

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11
ATTACHMENTS.
A: ERCS Contractor Costs
B. Enforcement Confidential Addendum
C: Administrative Record Index
cc:

E. Watkins, U.S. EPA HQ, 5202G
D. Henne, U.S. Department of Interior
J. Burnett, WDNR, RR/3
R. Amerson, WDNR, RR/3
A. Walden, WDNR, RR/3

PAGE 12
BCC: BLIND CARBON COPY LIST
I PAGE

REDACTED

NOT RELEVANT TO THE SELECTION OF THE REMOVAL ACTION

Attachment A

ERCS Contractor Costs
Frost Manufacturing Company Site
Kenosha, Wisconsin

PERSONNEL

$

46, 881

EQUIPMENT

204. S31

OTHER DIRECT COST
TOTAL FOR CONTRACTOR

335,824

$

587,236

ATTACHMENT B
ENFORCEMENT ADDENDUM
JANUARY 1997
ENFORCEMENT CONFIDENTIAL
2 PAGES

REDACTED

NOT RELEVANT TO THE SELECTION OF THE REMOVAL ACTION

ATTACHMENT C
U.S. ENVIRONMENTAL PROTECTION AGENCY
REMOVAL ACTION
ADMINISTRATIVE RECORD
FOR
FROST MANUFACTURING COMPANY SITE
KENOSHA, KENOSHA COUNTY, WISCONSIN
ORIGINAL
DECEMBER 20, 1996
DATE

AUTHOR

RECIPIENT

TITLE/DESCRIPTION

PAGES

05/28/96

Young, M.,
Wisconsin
Division of
Health

Burnett, J.,
WDNR

Memorandum re:
Health Concerns and
May 20, 1996 Site
Visit at the Frost
Manufacturing Site

06/17/96

Parkinson,
A., WDNR

Bruce, D.,
U.S. EPA

Letter re: WDNR's
118
Request to U.S. EPA
to Conduct a Removal
Assessment for a TimeCritical Removal
Action at the Frost
Manufacturing Site w/
Attached (1) Region 5
RISE Information Form
and (2) Application
by the City of Kenosha
for Phase I and II
Investigation by
WDNR: Brownfields
Environmental Assessment Pilot w/Attachments

09/20/96

Ecology and
Environment,
Inc.

U.S. EPA

Site Assessment
Report for Frost
Manufacturing
Company (DRAFT)

97

10/23/96

WDNR

U.S. EPA

Brownfields
Env i ronme nt a1
Assessment Pilot:
Phase I Report for
Frost Manufacturing,
Inc. (DRAFT)

31

2

Frost Manufacturing Company
Administrative Record
Page 2
DATE

AUTHOR

RECIPIENT

TITLE/DESCRIPTION

00/00/00

Rivera, R.,
U.S. EPA

Muno, W.,
U.S. EPA

Action Memorandum:
Request for a TimeCritical Removal
Action at the Frost
Manufacturing Co.
Site (PENDING)

PAGES