Document Ne9L6a8xpMg3RBdxo58qO2BGp
Clean Air Act Compliance Inspection Report
United States Environmental Protection Agency Region 10 - Seattle, WA
Clean Air Act Asbestos NESHAP Compliance Inspection Report
CDG Acquisitions, LLC
Properties Located at 1909 and 2001 West Boise Ave
Boise, Idaho
Inspection Date: November 10, 2021
Pavitt, John
Report Author Signature
Digitally signed by Pavitt, John Date: 2022.01.10 14:16:57 -09'00'
Date
John Pavitt Asbestos NESHAP Inspector EPA Region 10
ALYSON SKEENS
Peer Review Signature
Digitally signed by ALYSON SKEENS Date: 2022.01.10 15:05:06 -08'00'
Date
Alyson Skeens Asbestos NESHAP Inspector EPA Region 10
KATHERINE MCCLINTOCK
Digitally signed by KATHERINE MCCLINTOCK Date: 2022.01.10 15:45:38 -08'00'
Section Chief Signature
Date
Katie McClintock ATES Section Chief EPA Region 10
Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
Table of Contents
Contents
Contents .......................................................................................................................................... 2 1. Facility and Inspection Information ........................................................................................ 3 2. Introduction ............................................................................................................................. 4 3. Compliance History ................................................................................................................. 5 4. Records Review ....................................................................................................................... 5 5. Inspection Elements/Order ...................................................................................................... 9
Attachments
Attachment 1 ........................................................................ EPA Region 10 Digital Image Log Attachment 2 ................................................ Notifications of Asbestos Demolition/Renovation Attachment 3 ........................................................................................................................ Map Attachment 4 ......................................................................................... Email, Records Request Attachment 5.........................................................................Email Response, Records Request Attachment 6 ................................................................................................... Asbestos Surveys Attachment 7 ...................................................................................... Waste Shipment Records
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
1. Facility and Inspection Information
Facility Owner:
CDG Acquisitions, LLC 7711 Bonhomme Ave., #350 Saint Louis, Missouri 63105-1958
Abatement Contractor:
Intermountain Construction and Abatement 25 E Fairview, #200 Meridian, Idaho 83642 Mike Ross (208) 288-2505
Other Operator:
Ideal Demolition Services, LLC 2473 W. Success Way Emmett, Idaho 83617 David Aparicio (208) 365-1514
AFS/FRS Number:1
110038905076
NAICS:
Property Owner
237210 - Land Subdivision
Abatement Contractor 562910 - Remediation Services
Demo Contractor
238910 - Site Preparation Contractors
U.S. EPA Inspectors: State/Local Inspectors:
John Pavitt Air and Toxics Enforcement Section (ATES) Enforcement and Compliance Assurance Division (ECAD) U.S. EPA Region 10 (R10) Alaska Operations Office 222 W 7th Ave., M/S 19 Anchorage, AK 99513-7588 (907) 271-5083 pavitt.john@epa.gov
Alyson Skeens ATES/ECAD U.S EPA R10 (206) 553-5139 skeens.alyson@epa.gov
Emanuel Ziolkowski Air Quality Compliance Assurance Program Supervisor Idaho Department of Environmental Quality
1 Ideal Demolition Services.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
1410 N Hilton, Boise, ID 83706 (208) 373-0102
Dates of Inspection:
11/9/2021 and 11/10/2021
Date of Report:
1/10/2022
Inspection Start/End Times: 4:15 pm - 4:45 pm (Day 1) 9:15 am - 12:00 pm (Day 2)
Inspection Notice: This inspection was unannounced.
Scheduled dates asbestos removal2:
10/25/2021 - 12/17/2021
Scheduled dates demolition/renovation: 10/25/2021 - 12/17/2021
Were samples collected for this inspection? No
Were any sample results positive for asbestos? N/A
2. Introduction
The purpose of this inspection was to determine compliance with the Clean Air Act (CAA), National Emission Standards for Hazardous Air Pollutants for asbestos ("asbestos NESHAP")
(40 CFR Part 61, Subpart M), which applies to renovation and demolition activities which may disturb asbestos at a "facility" as defined in the asbestos NESHAP.3
The inspection was led by John Pavitt, EPA R10. Also participating for on-the-job training was EPA R10 inspector Alyson Skeens. This inspection looked at the demolition of two adjacent properties with the same owner and same demolition and abatement contractors.
The adjacent facilities are: 1. A former "Maverick" gas station and convenience store located at 1909 West Boise Ave., Boise, Idaho. According to the notification, this property was surveyed for asbestos and none was found. 2. The former "Ridenbaugh Apartments" complex, Buildings A, B, C and D (23 units total) located at 2001 West Boise Ave., Boise, Idaho. According to the notification, this group of buildings was surveyed for asbestos and was found to have a variety of asbestoscontaining building materials including: a. Vinyl sheet flooring
2 Dates provided in notifications to EPA R10. 3 See 40 CFR 61.141. Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
b. Tar of the built-up roofing system c. Sink undercoating d. Troweled-on ceiling texture e. Gypsum wallboard
The inspectors confirmed during the on-site inspection that neither of the two demolition projects had started as described in notifications submitted to EAP R10 by Ideal Demolition Services. The notification for both projects stated that demolition would start on 10/25/2021 (16 days prior to the inspection). At the time of the inspection, representatives from Ideal Demolition and general contractor Brinkmann Construction stated that demolition permits had not yet been approved by the City of Boise. However, asbestos abatement work had already started at the Ridenbaugh Apartments complex as described in that notification.
Disclaimer This report is a summary of observations and information gathered from the facility at the time of the inspection and from records review. The information provided does not constitute a final decision on compliance with CAA regulations or applicable permits, nor is it meant to be a comprehensive summary of all activities and processes conducted at the facility.
3. Compliance History
A review of EPA's Enforcement and Compliance History Online (ECHO) database4 shows that demolition contractor Ideal Demolition Services, LLC and asbestos abatement contractor Intermountain Construction have had had no formal or informal enforcement actions in the last five years.
Environmental Justice Information
EPA's Environmental Justice Screening and Mapping Tool (EJScreen)4 shows the site of the demolition projects in Boise, Idaho are adjacent to an area with an index over the 80th percentile for one or more EJ indices.
4. Records Review
I reviewed the following records for this asbestos NESHAP compliance inspection.
Asbestos Notifications (Attachment 2)
On 10/11/2021 Ideal Demolition submitted original notifications for each of the projects described in this inspection report.
On 11/10/2021 Ideal Demolition sent me an email with revised notices for each of the projects. The following is a brief summary of the notifications.
4 See https://echo.epa.gov/. For more information on EPA's EJ Screen Indexes, see EJSCREEN home page.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
Notice Type
Original Notice of Demolition
Submittal Date 10/11/2021
Submitted by Ideal Demolition
Revised Notice
11/10/2021 Ideal Demolition
Original Notice of Demolition
10/11/2021 Ideal Demolition
Revised Notice
11/10/2021 Ideal Demolition
Work Description
Comment
Maverick Gas Station Demolition of facility.
Start: 10/25/2021 End: 12/17/2021
As of the date of the inspection, demolition had not yet started.
The notice was required to be revised because the start date changed.
Maverick Gas Station Demolition of facility.
Start: 11/10/2021 End: 12/17/2021 Ridenbaugh Apartments Abatement + Demolition of facility.
Start: 10/25/2021 End: 12/17/2021
As of the date of the inspection, demolition had not yet started.
Waste Shipment Records show that abatement started prior to 10/25/21 (see below).
The notice was inaccurate regarding the dates that work would start, and was required to be revised.
Ridenbaugh Apartments Abatement + Demolition of facility.
Start: 11/10/2021 End: 12/17/2021
Revised to change dates of work and to classify roofing tar as friable.
The revised notice is still not correct because it states that abatement started on 11/10/2021.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
Asbestos Surveys (Attachment 6)
The asbestos NESHAP requires the owner or operator of a demolition or renovation activity to conduct a thorough survey for the presence of asbestos prior to commencing the activity (61.145(a)).
Records provided from the facility show an asbestos survey was performed in June 2021 by Terracon Consultants, Inc., St. Louis, Missouri. The survey covered both properties described in this inspection report. (Attachment 6). The survey identified the following asbestos-containing materials with more than 1% content:
Location Ridenbaugh Apartments Buildings A, B, D & D
Maverick Gas Station
Sample Description Vinyl sheet flooring (several different materials and colors) Tar of the built-up roofing Sink undercoating Troweled-on ceiling texture Materials were less than 1% asbestos content
The survey results shows that, of the asbestos-containing materials with more than 1% content, they ranged from 1.2% Chrysotile (ceiling texture) to a high of 40% Chrysotile (vinyl flooring backing material). The gypsum wallboard system (drywall) was found to have less than 1% asbestos with composite samples (results of drywall combined with joint compound).
Roofing tar was described as nonfriable. However, as described below I assessed this material during the inspection and found it to be friable. It was brittle and crumbled into pieces with hand pressure.
Asbestos Waste Shipment Records (Attachment 7)
The asbestos NESHAP requires the owner or operator of a project subject to the NESHAP to maintain Waste Shipment Records (WSR) for each load of waste transported from the job site. The WSR form must include details including but not limited to the contents of the load, quantity of waste, the job site where it was generated, contact information for the generator and transporter and the landfill destination. (40 CFR 61.150(d))
The WSR forms provided by Ideal Demolition Services show that abatement contractor Intermountain Construction & Abatement transported 11 loads of asbestos waste from the former apartment building complex at 2001 W Boise Ave to two landfills. Note that two of the waste shipments were started on 10/24/2021 which is earlier than the start date provided in notification to EPA.
Date Transported Waste Description/Amount
10/26/2021
Friable Sheet vinyl, texture material.
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100 bags 10 cubic yards
Discrepancies Noted by Landfill? None. Simco Regional Landfill Mountain Home, ID
Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
10/28/2021
10/24/2021 (loaded) 11/1/2021 (delivered) 10/24/2021 (loaded) 11/3/2021 (delivered) 11/8/2021
11/8/2021
11/10/2021
11/15/2021
11/15/2021
11/17/2021
11/17/2021
Friable Sheet vinyl, texture material.
Friable Sheet vinyl, texture material.
Friable Sheet vinyl, texture material.
Friable Sheet vinyl, texture material, roofing paper.
Friable Sheet vinyl, texture material, roofing paper.
Friable Sheet vinyl, texture material, roofing paper.
Friable Sheet vinyl, texture material, roofing paper.
Friable Sheet vinyl, texture material, roofing paper.
Friable Sheet vinyl, texture material, roofing paper.
Friable roofing paper.
Total
10 cubic yards
100 bags 10 cubic yards
None. Canyon County Landfill Nampa, ID None. Simco Regional Landfill Mountain Home, ID
97 bags 10 cubic yards
None. Simco Regional Landfill Mountain Home, ID
81 bags 10 cubic yards
92 bags 10 cubic yards
88 bags 10 cubic yards
10 cubic yards
10 cubic yards
90 bags 10 cubic yards
1 bags 10 cubic yards
100 cubic yards
None. Simco Regional Landfill Mountain Home, ID None. Simco Regional Landfill Mountain Home, ID None. Simco Regional Landfill Mountain Home, ID None. Simco Regional Landfill Mountain Home, ID None. Simco Regional Landfill Mountain Home, ID None. Simco Regional Landfill Mountain Home, ID None. Simco Regional Landfill Mountain Home, ID
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
5. Inspection Elements/Order
Pre-Inspection Observations
This was an unannounced inspection. On 11/9/2021 EPA inspectors John Pavitt and Alyson Skeens arrived at the former apartment building and Maverick station ("the facility") at about 4:15 pm. We were joined by Emanuel Ziolkowski with the Idaho Department of Environmental Quality (IDEQ). It was raining while we were on site.
A chain link fence enclosed both properties. We looked from the sidewalk on West Boise Ave. to see what was going on. We walked along West Boise Ave. The former apartment complex faced West Boise Ave. and we continued walking southeast, to the corner of Protest Road where the former Maverick station was located. According to the notifications submitted by Ideal Demolition, demolition was scheduled to have already started at both of the properties on 10/25/2021 (15 days earlier). The buildings were still standing and no demolition activity was occuring. No workers were visible outdoors at the two properties, although a white pickup truck with a black trailer was parked at the former apartment building complex at 2001 West Boise Ave. We saw indications that some work at the buildings had started.
Ceramic or concrete roofing tile material was spilled onto on the paved parking lot of the former apartment building complex.
A door was removed from one of the apartment units, which marked with spray paint as "14."
Plastic air ducting was protruding from one apartment window. Several white appliances were sitting outside of the apartment units. An excavator and a 20-foot roll-off dumpster was parked in front of the former Maverick
station.
I called Intermountain Construction & Abatement using the number provided in notices to EPA. I spoke with Mike Rose. I explained I was an asbestos compliance inspector for EPA R10 and was at the job site, located at 1909 and 2001 West Boise Ave. I said the fence was closed and asked if they were working today to remove asbestos or demolish the buildings. Mr. Ross said he thought work was done for the day. He said the demolition has been on hold due to occupants still being in the apartment units. I said I saw roofing tiles on the parking lot and asked if they had asbestos. He said the tiles do not, and they removed those to expose the tar layer for abatement.
I made an appointment to return to the job site the next morning between 9:00 - 9:30 am to inspect the buildings for compliance with EPA's asbestos NESHAP regulations.
Entry and Opening Conference with Facility Representatives
EPA inspector Skeens and I arrived at the job site at about 9:15 am. Mr. Ziolkowski with IDEQ was not available to join us this day. We parked at the Maverick station and introduced ourselves to the representatives on site who were expecting us.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
From Ideal Demolition:
Norman Niebuhr, Part Owner Nick Tidwell, Operator
From Intermountain Construction: Mike Ross
From Brinkman Construction
Cory Hardman
(the General Contractor for this project)
I showed my credentials and explained that we were there for an asbestos compliance inspection. I pulled out the notifications submitted to EPA for the project at the two adjacent properties for reference. I asked the facility representatives to catch us up on what has happened at each properties.
The facility representatives said that the property at 1909 West Boise Ave (the Maverick station) has not been demolished. They have removed an underground storage tank and performed a TClip test to assess the site for hazardous waste, they said. They said an electric transformer is on site that is shared with the restaurant next door and they have had to coordinate what happens with that. They said they've mobilized equipment to the site and ensured that all utilities are shut off.
They said the property at 2001 West Boise Ave (the former apartment building complex) has had some asbestos abatement and that is ongoing. Mr. Ross said the gas line is being disconnected today and electricity is already shot off. He gave an update on each building in the complex.
- Building C abatement is complete on the inside and for the roofing. - Building A abatement is complete on the inside but roofing abatement is still needed. - Building B is partially complete on the inside. - Building D is about 2/3 complete on the inside.
Mr. Ross said waste materials are being hauled as the trailer is filled up. He said three or possibly four trailers have been hauled away so far.
I asked which materials are Regulated Asbestos Containing Materials (RACM) at the apartment buildings. RACM is friable asbestos with more than 1% content, as defined in the asbestos NESHAP. Mr. Ross said the RACM they've discovered so far consists of roofing material, ceiling texture and sheet vinyl.
The facility representatives said they had been waiting for a demolition permit and hoped it would come through soon. Part of the delay was that tenants had been living in the apartments until recently.
I asked the facility representatives to let me know if they believed any information I was gathering was Confidential Business Information (CBI). They did not make a CBI claim during the inspection.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
Facility Walk-Through
I asked to examine the waste trailer to see the contents and to check the roofing tar material to verify if it was friable. According to the original notification submitted for the apartment complex, the material was classified as nonfriable. Mr. Ross had said this morning that the material was friable.
I climbed the side of the waste trailer and looked over the top and confirmed that waste bags were secure. The material in the trailer was rolled up in a burrito wrap and covered with fabric.
To assess the roofing tar, Tino Silva, the on-site asbestos abatement supervisor for Intermountain Construction climbed a ladder and picked up several pieces of roofing tar at my request and put them into a zip lock baggie. I used my hands to examine the material and was able to easily crack and break the tar into small pieces. The material was brittle and I could hear it snap and crack as I handled it. I could see small pieces in the bottom of the bag which broke apart from larger pieces. I told the facility representatives I agreed this material was friable asbestos.
I asked Mr. Silva how they were removing the roofing tar. He said they were using hand tools such as shovels, hammers and pry bars. I climbed the ladder and saw hand tools on the roof as he described. I said the asbestos NESHAP requires them to use wet methods when removing friable materials. Mr. Silva said they were spraying water and shoveling the waste into bags.
We toured the apartment building complex with Intermountain Construction and Ideal Demolition representatives. We examined all four apartment buildings from the outside, and stepped into apartment units which had already been abated. The abated apartment units had wet, black attic insulation on the floors piled up in piles about 3 feet tall. Mr. Niebuhr with Ideal Demolition had the asbestos survey results in hand and was able to show the test results for black attic insulation was non-detect for asbestos. (Attachment 6)
We saw exterior cement siding on one of the apartment buildings. Mr. Niebuhr showed us the asbestos survey results for cement panels was also was non-detect for asbestos. (Attachment 6)
I entered Building D which was actively being abated. I put on PPE: full face air purifying respirator, Tyvek suit and nitrile gloves and entered the work area with Mr. Silva. I saw several workers spraying water on the ceiling texture and taking down the ceilings. The windows and doors were sealed with plastic and the work space was under negative air with HEPA air filters. The HEPA filter in one room was becoming clogged with black attic insulation, and Mr. Silva said they keep checking the filters and replace them as they become clogged. He opened the HEPA filter and showed me the underlying air filter was only partially clogged with material and the air flow was still strong. Intermountain Construction was using portable electric generators to operate their water pumps and provide lighting. Workers were spraying ample water onto ceiling texture and flooring as they removed it as well as spraying it into waste bags.
I found one waste bag with a cut through the plastic and I recommended they double-bag it before removing it from the building. Mr. Silva said they would do so.
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID
I exited the building, discarding my used Tyvek suit and respirator cartridges on my way out.
Sampling
I did not collect samples for this inspection. Asbestos sampling results were provided by the facility representatives and are included as Attachment 6 to this report.
Closing Conference
At about 11:50 am we had a closing conference with the Intermountain Construction representatives at the apartment building property, followed immediately with a separate meeting with Ideal Demolition next door at the Maverick property.
Intermountain Construction: We spoke with Mr. Ross and Mr. Silva before leaving. I said I liked the work practices Intermountain Construction was using in the apartment building I had just stepped out of. They were spraying a fine mist of water on the ceiling and flooring surfaces while removing them and had the work area under negative air. Workers were putting ceiling texture into bags as it came down and were keeping it clean. I said they need to watch the air filters as they are getting clogged with the non-asbestos black attic insulation, so they'll need to frequently replace the initial filter (the filter on the outside surface). I said the door and window seals looked good. I said one or two bags were sliced open (cut with a blade) and need to be sealed or placed into a secondary bag. Mr. Silva said he told his works to tape them closed.
I said that Ideal Demolition needed to revise their notices for both properties. - The start dates had changed for demolition work. - The Maverick notice did not need to include a date for abatement work since they found no asbestos to remove. - The apartment complex roofing material is friable but is incorrectly classified as nonfriable in the notice.
Ideal Demolition: We then walked next door to the parking lot of the former Maverick station and spoke with Mr. Niebuhr and Mr. Tidwell. I said we had just closed out the inspection with Intermountain Construction and we wanted to give them the same information.
I recommended they revise their notifications for the two properties right away. The dates of work for demolition were wrong and no abatement was being performed at the Maverick site. The apartment complex roofing material is friable and therefore is RACM, but is incorrectly classified as nonfriable in that notice. I asked that Ideal Demolition send me a courtesy copy of the revised notices and then mail them to EPA's Seattle office as usual.
I said the work practices we saw today at the apartment complex looked good, specifically the use of wet methods and the use of critical barriers (the plastic sealing doors and windows and using negative air). I said I had recommended they keep a close watch on air filters and to
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Asbestos NESHAP Inspection, Demolition at 1909 and 2001 W Boise Ave, Boise, ID change them frequently. The workers were doing a good job of placing the ceiling texture into bags immediately to prevent further breakage. I asked the facility representatives if they had any questions for the EPA inspectors. Mr. Holman asked whether or not they need to submit notifications for projects at residences (homes). I said notification is not required for those projects. I said he can always call us if he has questions on specific projects. He also asked about flooring material projects. I said a renovation that involves nonfriable flooring material does not require notification to EPA. I said that if they think it's possible that it could become friable, then go ahead and submit a notice just in case because a notice would be required at that time and they would have to wait the normal 10-working-day waiting period. We left the facility a few minutes after 12:00 noon.
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