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iiiiiniiiiiin , <br />B & B EXCAVATING, INC. <br />Drawer 249 <br />Vail, Colorado 81658 <br />(970) 926-3311 • Fax (970) 926-2344 <br />RECEIVED <br />VIA CERTIFIED MAIL. <br />RETURN RECEIPT REQUESTED DEC 07 1998 <br />The National Response Center Division of Minerals & Geobgy <br />c/o The U.S. Coast Guard (G-OFP) <br />2100 Second Street. S. W. <br />Washington. D.C. 20593-0001 <br />Re: Supplement to November 11, 1998 Telephone Notification <br />Dear Sir or Madant: <br />This letter supplements the November 6, 1998 telephone notification by B&B <br />Excavating, [nc. ("B&B") to the National Response Center ("NRC") of a possible release of <br />approxitttately 110-165 gallons of weed killer at B&B's gravel mining and asphalt plant <br />operation ne;tr Eagle, Colorado, known as the Ivlontgomery Pit facility. B&B notified the NRC <br />as a precautionary measure. If now seems doubtful that a release to the em~ironment requiring <br />reporting under Section 103(a) of the Comprehensive Emergency Response, Compensation, and <br />Liability Act of 1980, as amended ("CERCLA"), occurred at the Montgomery Pit facility. <br />On November 6, 1998, B&B notified the NRC immediately upon learning of reports that <br />two, or possibly three, »-gallon drums of a weed killer (believed to contain 2,4D) Itad been <br />spilled itt July 1998 on top of a pile of road-base material stockpiled at the Montgomery Pit <br />facility, later processed through fire onsite asphalt plant. As of November 6, 1998, B&B believed <br />it was prudent and appropriate to notify the NRC of the reports of the spilled weed killer, even <br />though BeY B was not certain that a release to the environment of a hazardous substance in excess <br />of the applicable "reportable quantity" ("RQ") had actually occurred. Similarly, out of an <br />abundance of caution, immediately following the telephone notification to the NRC, B&B also <br />notified state and local emergency response coordinators. <br />Upon further investigation, it appears that a reportable release probably did not occur, <br />based upon the following factual and legal considerations developed in B&B's subsequent <br />im~estigation of the incident. <br />Based upon interviews of the employees involved, their descriptions of the drums <br />and the liquids spilled from the dorms, and other documentation (such as MSDSs <br />and pttrcltase records), it now appears likely that two of the dnims contained a <br />weed killer known as Repco Kill II, which according to the MSDS consists of <br />more thmt ninety percent (90%) diesel fuel and less than two percent (3%) 2,4D. <br />The other dnim was reported to contain agreenish-yellow watery liquid that had <br />ilte appearance of a dilute solution of antifreeze and water. The workers' <br />description of the color and consistency of the material in the t~vo weed-killer <br />A <br />