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• The National Response Center December 2, 1998 Page 2 drums matched up well with the description on the Repco Kill II MSDS. Assuming that the barrels were ] 00% full, that none of the 2,4D had broken down, and that the drums' entire contents were spilled, a 2% solution of 2,4D would equate to 20 lbs. (or less) of 2,4D, well below the RQ of 100 lbs. 2. The national consulting company Dames & Moore has now completed initial sampling at various locations at B&B's Aontgomery Pit facility. We received back their preliminary results on November 20, 1993. The sampling of the remaining road-base which has not been processed, revealed two facts of importance: First, the 2,4D concentration in the sample was quite low (1.2 ppm); second, that sample showed the presence of diesel fuel, which constitutes more than 90% of Repco Kill Q. Taken together, these test results further corroborate that the material spilled on the road-base pile was Repco Kill II. Finally, based on our investigation, it appears likely that the spillage of the 2,4D did not result in a release in excess of an RQ to the environment. Additionally, the spill resulted in exposure only to persons "solely within a workplace," and did not cause off-site exposure to persons outside the site on which the Montgomery facility is located. Therefore, under the terms of CERCLA Section 101(22) (definition of "release"), as well as the exception in Section 3.04(a)(4) of the Emergency Planning and Commtiniry Right-to-Know Act of 1986 for onsite releases which do not cause exposure to off-site persons, it appears probable that, even if the incident had exceeded the 2,4D RQ, no notification was required under these statutory provisions. Based on all of these facts and considerations, it now appears that the November 6, 1998 notification was not legally required. The same also appears to be true of a second incident which the company has learned about in the course of its follow-up investigation to the November 6 notification. Apparently, in summer 1997, a similaz incident occurred in which two drums of weed killer were spilled onto the road-base pile at the Montgomery Pit facility and subsequently processed into asphalt. Based on the facts available, it appears that this incident also involved Repco Kill II (a 2% solution of 2.4D), the amount released did not exceed the 100 lbs. RQ for 2,4-D and did not result in off-site ornon-worker exposure. Nevertheless, following the same cautionary approach that we have used thus far, we are using this follow-up written supplement to inform NRC of this prior incident as well. Finally, we wish to notify you of some of the response actions which B&B has taken [o react promptly and effectively to this situation: