Soil and Water Sample Results  

Soil and water samples were collected on October 19, 2022 and sent to a certified laboratory for analysis. NMED and U.S. Forest Service (USFS) representatives were on-site and witnessed the sampling.  NMED received the sampling results and report on February 3, 2023. NMED reviewed the report, provided comments to R. Marley, LLC, and received a revised report on February 9, 2023 (attached) that addressed NMED’s comments. The sampling campaign aligns with R. Marley, LLC’s sampling and analysis plan. Below is a synopsis of the results:   

The sampling campaign consisted of sampling a total of seven locations: one site just upstream of the spill origin in the headwaters of Jaybird Canyon that serves as a unaffected background sample, three sites within the direct impact zone of the spill at 50 feet, 320 feet, and 1900 feet downstream of the spill origin, one site 3200 feet downstream of the spill origin, and two sites in Meadow Creek immediately upstream and downstream of the confluence with Jaybird Canyon. The upstream sample location served as background for Meadow Creek water quality. Water and soil samples were analyzed for certain heavy metals and organic compounds associated with petroleum products.  

Soil samples at 50 feet and 320 feet downstream of the spill origin contained detectable concentrations of Diesel Range Organics (DRO) and Motor Oil Range Organics (MRO). Gasoline Range Organics (GRO), Volatile Organic Compounds (VOCs), and Polycyclic Aromatic Hydrocarbons (PAHs) were not detected at these locations. Concentrations of both DRO and MRO decreased approximately tenfold from the upstream location (50 feet) to the downstream location (320 feet) verifying that impacts to soil were greatest in the first 50 feet and diminished further downstream. No organic compounds were detected in soils from any of the other sampling locations further downstream in Jaybird Canyon.   

  Lab analysis of water samples from Jaybird Canyon and Meadow Creek did not detect any of the organic compounds that were analyzed (DRO, MRO, GRO, VOCs, and PAHs). Both iron and nickel were detected in all water samples where tests for metals were performed; however, concentrations were similar to the upstream, unimpacted “background” site and appear to be naturally occurring. Vanadium, a light metal associated with asphalt, was not detected in any of the water samples.  

  These results must be put into context related to the timing of the spill and sample collection. Sampling was performed 23 days after the tanker spilled asphalt emulsion into Jaybird Creek. Volunteers had started cleaning the affected area within a week, removing large masses of asphalt. Although R. Marley, LLC began removal of spilled material on October 6, it had not completed clean-up efforts in the area prior to the soil and water sampling on October 19, 2022.  VOCs and PAHs were likely present during the initial days when the spill went unreported, but if present dispersed into the atmosphere and were not detected in the soil and water samples collected at a later date. Metals are more persistent in the environment, but occur naturally in the rocks and surface waters of New Mexico. The sample results for metals are consistent with naturally occurring, background concentrations. The most upstream sampling locations within the affected area (50 to 320 feet downstream of the spill) did show soil contamination from DRO and MRO compounds. However, significant removal of spilled material and affected soil and rock has occurred since the samples were taken. Additional soil and water tests will be conducted after Phase 1 to confirm that clean-up and corrective actions were successful.  

  Attached are the sample results report from BRZ Consulting, LLC and NMED’s laboratory results of the asphalt emulsion product from ALS Environmental.  

  Asphalt Emulsion Product Sample Results  

NMED sampled the asphalt emulsion material from inside the tanker on October 22, 2022. This material is important because it shows what was released into the environment. Results of those samples show diesel range organics and motor oil range organics that are orders of magnitude (approx. 170X and 360X) greater than the concentrations found in soil 50 feet below the spill origin. The percentage of MRO and DRO in the sample (e.g., 290,000 mg/kg equals 29 percent) is consistent with the product information provided by R. Marley, LLC for emulsified asphalt. Similar to the soil and water results, gasoline range organics and polycyclic aromatic hydrocarbons were not present in the asphalt emulsion. Nickel, iron, and vanadium constitute less than 1 percent of the product and, as expected, were all detected in the asphalt emulsion, but at much higher concentrations than those found in the water samples. Refer to Table 1 for a comparison of the results.  

  Table 1. Results from soil and water samples collected on October 19, 2023. NMED sampled the product inside the tanker truck on October 22, 2022.  

NA=Not analyzed; ND=Analyzed but not detected.  

DRO=Diesel Range Organics; GRO=Gasoline Range Organics; MRO=Motor Oil Range Organics; PAHs=Polycyclic Aromatic Hydrocarbons; VOCs=Volatile Organic Compounds.  

U/S= upstream; D/S= downstream.  

Non-aqueous results are reported in milligrams per kilogram (mg/kg); Aqueous results are reported in milligrams per liter (mg/L).  

  Cleanup Status  

On November 3, 2022, NMED, USFS, and U.S. Environmental Protection Agency staff performed a walk-through of the site to evaluate clean-up efforts and Phase 1 Cleanup “completeness.” As a result of that walk-through, the Agencies determined that the Phase 1 cleanup was insufficient, and more product needed to be removed. R. Marley, LLC deployed more resources to continue Phase 1 activities in late November. A “final” sweep of the drainage and a walk-through and assessment of the Phase 1 cleanup by NMED and USFS personnel scheduled in mid-December was postponed due to heavy snowfall and winter weather in Jaybird Canyon. To-date, a walk-through evaluation has not been scheduled. R. Marley, LLC and NMED continue to periodically monitor Jaybird Canyon site conditions so that the walk-through and identification of areas needing additional removal or restoration can be effectively conducted. The cleanup and remediation efforts will resume once the snow melts and soil in the area is dry enough such that any actions will not cause further damage to the canyon from erosion and compaction.  

  Once cleanup is deemed complete, the remediation/stream repair phase of the process will begin. Our expectation is that this will start in the Spring of 2023 before monsoon season in the summer. During Phase 2, R. Marley, LLC will focus on stream repair and restoration such as reseeding and rehabilitating or decommissioning trails, and environmental sampling and analysis to confirm that cleanup and corrective actions were successful.