[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Rules and Regulations]
[Page 35810-35813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn06-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-8186-7]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Dixie Oil Processors,
Inc. Superfund Site from the National Priorities List.
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SUMMARY: The United States Environmental Protection Agency (EPA) Region
6 is publishing a direct final notice of deletion of the Dixie Oil
Processors, Inc. Superfund Site (Site), located in Friendswood, Texas,
from the National Priorities List (NPL). The NPL, promulgated pursuant
to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended, is
appendix B of 40 CFR part 300, which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). This direct final notice
of deletion is being published by EPA with the concurrence of the State
of Texas, through the Texas Commission on Environmental Quality (TCEQ),
because EPA has determined that all appropriate response actions under
CERCLA have been completed and, therefore, further remedial action
pursuant to CERCLA is not appropriate.
DATES: This direct final notice of deletion will be effective August
21, 2006 unless EPA receives adverse comments by July 24, 2006. If
adverse comments are received, EPA will publish a timely withdrawal of
the
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direct final notice of deletion in the Federal Register informing the
public that the deletion will not take effect.
ADDRESSES: Comments may be mailed to: Donn Walters, Community Outreach
Team, U.S. EPA Region 6 (6SF-PO), 1445 Ross Avenue, Dallas, TX 75202-
2733, (214) 665-6483 or 1-800-533-3508 (walters.donn@epa.gov).
Information Repositories: Comprehensive information about the Site
is available for viewing and copying during central standard time at
the Site information repositories located at: U.S. EPA Region 6
Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-
2733, (214) 665-6424, Monday through Friday 9 a.m. to 12 p.m. and 1
p.m. to 4 p.m.; San Jacinto College, South Campus Library, 13735 Beamer
Road, Houston, Texas 77089, (281) 992-3416, Monday through Thursday 8
a.m. to 9 p.m.; Friday 8 a.m. to 3 p.m.; Saturday 10 a.m. to 1 p.m.;
Texas Commission on Environmental Quality (TCEQ), Central File Room
Customer Service Center, Building E, 12100 Park 35 Circle, Austin,
Texas 78753, (512) 239-2900, Monday through Friday 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: John C. Meyer, Remedial Project
Manager (RPM), U.S. EPA Region 6 (6SF-LP), 1445 Ross Avenue, Dallas, TX
75202-2733, (214) 665-6742 or 1-800-533-3508 (meyer.john@epa.gov).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
The EPA Region 6 office is publishing this direct final notice of
deletion of the Dixie Oil Processors, Inc. Superfund Site from the NPL.
The EPA identifies sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions if conditions
at a deleted site warrant such action.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective August 21, 2006 unless
EPA receives adverse comments by July 24, 2006 on this document. If
adverse comments are received within the 30-day public comment period
on this document, EPA will publish a timely withdrawal of this direct
final notice of deletion before the effective date of the deletion and
the deletion will not take effect. The EPA will, as appropriate,
prepare a response to comments and continue with the deletion process
on the basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Dixie Oil Processors, Inc.
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a release from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) response under CERCLA has been implemented, and no
further response action by responsible parties is appropriate; or
iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the
site be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. Whenever there is a significant release from
a site deleted from the NPL, the deleted site may be restored to the
NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) The EPA consulted with TCEQ on the deletion of the Site from
the NPL prior to developing this direct final notice of deletion.
(2) TCEQ concurred with deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final notice
of deletion, a notice of the availability of the parallel notice of
intent to delete published today in the ``Proposed Rules'' section of
the Federal Register is being published in a major local newspaper of
general circulation at or near the Site and is being distributed to
appropriate Federal, state, and local government officials and other
interested parties; the newspaper notice announces the 30-day public
comment period concerning the notice of intent to delete the Site from
the NPL.
(4) The EPA placed copies of documents supporting the deletion in
the Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely notice of
withdrawal of this direct final notice of deletion before its effective
date and will prepare a response to comments and continue with the
deletion process on the basis of the notice of intent to delete and the
comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting
this Site from the NPL.
Site Location
The Dixie Oil Processors (DOP) Site is located approximately 20
miles southeast of Houston, Texas, in Harris County. The Site occupies
approximately 26.6 acres. Portions of the Site occur both north and
south of Dixie Farm Road and are designated as DOP North and DOP South.
DOP North covers 19.0 acres and DOP South covers 7.6 acres.
Mud Gully, a flood control ditch and local tributary of Clear
Creek, runs along the eastern boundary of DOP North and
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the western boundary of DOP South. The Brio Refining Superfund Site
borders DOP to the northeast and an abandoned athletic field borders
DOP North to the southwest.
Site History
Over the years, several companies conducted operations at the DOP
site. Intercoastal Chemical Company (ICC) operated a copper recovery
and hydrocarbon washing facility on the DOP North site from 1969 to
1978. A total of six surface impoundments were used by ICC to store
wastewater containing copper prior to recovery and to treat wastewater
prior to discharge. Wastewaters from the hydrocarbon washing operations
were also discharged into one of the impoundments. During a two year
period between 1975 and 1977, the impoundments were closed and
decommissioned.
In 1978, DOP began operations on the south side of the site.
Activities occurring on the site included regeneration of cuprous
chloride catalyst; hydrocarbon washing to produce ethylbenzene,
toluene, aromatic solvents, and styrene pitch; oil recovery; and
blending and distilling residues from local chemical plants and
refineries (mainly phenolic tank bottom tars and glycol cutter stock)
to produce various petroleum products including fuel oil, creosote
extender, and a molybdenum concentrate catalyst.
Active operations on the DOP site stopped in 1986. Approximately
6,000 cubic yards of contaminated soils were excavated in 1984 and
disposed off-site.
Remedial Investigation and Feasibility Study (RI/FS)
A remedial investigation conducted by the potentially responsible
parties (PRPs) began at the site in 1986. This investigation identified
three potential sources of contamination: the contents of drums and
tanks comprising the process facility, soils associated with the onsite
waste pits (now closed-out), and contaminated groundwater. The
investigation found approximately 107,351 cubic yards of contaminated
soils and subsoils on the site, associated with six different pits. The
contaminants of concern included ethylbenzene, hexachlorobenzene, and
copper.
The risk assessment concluded that the site potentially poses four
major risks to human health and the environment: ingestion of on-site
soils, direct contact with on-site soils, inhalation of dust from the
site, and ingestion of shallow ground water from the site.
Record of Decision
A Record of Decision (ROD) was issued for the DOP site by the EPA
on March 31, 1988 selecting limited action and monitoring, including
fluids stabilization and a site cover with institutional controls. In
accordance with the requirements of the Unilateral Administrative
Order, Docket Number 6-23-91, signed by the EPA on July 10, 1991, a
group of PRPs known as the DOP Task Force was directed to design and
implement the remedial action as specified in the ROD.
Response Actions
The remedy was broken into two phases for implementation. The Phase
I activities included:
Removal of surface contamination;
Improvement of surface water controls;
Reconstruction of Mud Gully;
Revegetation and installation of security fencing.
Phase II activities included:
Removal and off-site disposal of tank residuals;
Dismantlement of the process tanks and drums;
Disposal of process equipment.
Phase I field activities began on March 26, 1992. Surficial
deposits of contamination were removed, stored in roll-off containers
and sent off-site for disposal. Approximately 1750 tons of contaminated
soils and sludges from storage tanks were sent off-site for disposal.
All off-site facilities were in compliance with EPA's Off-Site Disposal
Policy.
Phase II activities began in August 1992. This phase entailed
removal of liquids and sludges stored in process vessels left on the
site. Approximately 250,000 gallons of material were removed from the
vessels and sent off-site for disposal. The vessels were removed and
sent to a smelting facility.
The DOP Task Force notified EPA that Phase I and Phase II
activities were completed on March 27, 1993. A pre-certification
inspection was conducted by EPA on April 20, 1993. The DOP Task Force
certified that the Remedial Action was complete in a letter dated April
27, 1993. The DOP Task Force prepared a Remedial Action Report that
contained a certification by a Texas Professional Engineer that all the
requirements of the Remedial Design were met. EPA approved the report
on August 6, 1993.
Operation and Maintenance (O&M)
In July 1993, the DOP Task Force submitted a Monitoring, Operation
and Maintenance (MO&M) Plan for the DOP site. The plan was revised in
January 1999. The purpose of the MO&M Plan is to document procedures to
be used to assess the long-term success of the site remedy while
minimizing adverse natural or man-made impacts on the DOP site. The
plan requires (i) monthly inspections and maintenance, (ii) a five-year
review as required by the EPA, and (iii) semi-annual monitoring of the
environmental media (soil, ground water, and air).
The DOP Task Force conducts monthly site inspections to identify
any damage to the site facilities, and monitors the general health and
integrity of the soil cover.
Since monitoring began in May 1993, the DOP Task Force has kept
records of site activities and submitted them to the EPA on an annual
basis. The reports include specific maintenance activities completed
during the past year, dates that maintenance activities were performed,
names of people and companies performing the maintenance activities,
and any replacements or redesigns of deficient materials or equipment.
The institutional control plan for the Site was revised in February
2006 and included deed restrictions filed by the landowner in 2005. The
deed restrictions provide long-term assurance of the protectiveness of
the remedy by limiting the future uses of the site.
Five-Year Review
Consistent with section 121(c) of CERCLA and requirements of the
OSWER Directive 9355.7-03B-P (``Comprehensive Five-Year Review
Guidance'', June 2001), a five-year review is required at the Site. The
Directive requires EPA to conduct statutory five-year reviews at sites
where, upon attainment of ROD cleanup levels, hazardous substances
remaining within restricted areas onsite do not allow unlimited use of
the entire site.
Since hazardous substances remain onsite, this Site is subject to
five-year reviews to ensure the continued protectiveness of the remedy.
Based on the five-year results, EPA will determine whether human health
and the environment continues to be adequately protected by the
implemented remedy. Five-year reviews were completed on September 24,
1998 and September 4, 2003. The reviews found that the remedy remains
protective of human health and the environment. The MO&M plan was
revised in January 1999, and continues to be implemented by the DOP
Task Force to ensure the remedy remains protective.
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Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repositories.
V. Deletion Action
The EPA, with concurrence of the State of Texas, has determined
that all appropriate responses under CERCLA have been completed, and
that no further response actions under CERCLA, other than O&M and five-
year reviews, are necessary. Therefore, EPA is deleting the Site from
the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective August 21, 2006 unless EPA receives adverse comments by
July 24, 2006. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion and it will not take effect. The EPA will prepare a response
to comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: May 5, 2006.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
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2. Table 1 of Appendix B to Part 300 is amended under Texas (``TX'') by
removing the entry for ``Dixie Oil Processors, Inc.''.
[FR Doc. E6-9748 Filed 6-21-06; 8:45 am]
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