[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Rules and Regulations]
[Pages 33724-33729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14232]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1999-0013; FRL-9162-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Many Diversified
Interests, Inc. Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
publishing a direct final Notice of Deletion of the soils of Operable
Unit 1 and the underlying ground water of the approximately 8-acre
western portion of Operable Unit 1 of the Many Diversified Interests,
Inc. (MDI) Superfund Site located in Houston, Texas (Harris County),
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 an
appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). This direct final partial deletion is being
published by EPA with the concurrence of the State of Texas, through
the Texas Commission on Environmental Quality, because EPA has
determined that all appropriate response actions at these identified
parcels under CERCLA have been completed. However, this partial
deletion does not preclude future actions under Superfund.
This partial deletion pertains to the soils of Operable Unit 1 and
the underlying ground water of the approximately 8-acre western portion
of Operable Unit 1 of the MDI Superfund Site. Operable Unit 2, Operable
Unit 3, and the ground water underlying the remainder of Operable Unit
1 will remain on the NPL and are not being considered for deletion as
part of this action.
DATES: This direct final partial deletion is effective August 16, 2010
unless EPA receives adverse comments by July 15, 2010. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final partial deletion in the Federal Register informing the
public that the partial deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1999-0013, by one of the following methods:
http://www.regulations.gov: Follow internet on-line
instructions for submitting comments.
E-mail: Rafael Casanova, [email protected].
Fax: 214-665-6660.
Mail: Rafael A. Casanova; U.S. Environmental Protection
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite
1200; Dallas, Texas 75202-2733.
Hand Delivery: U.S. Environmental Protection Agency,
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733;
Contact: Rafael A. Casanova (214) 665-7437. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-AFUND-
1999-0013. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is
[[Page 33725]]
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at:
1. U.S. Environmental Protection Agency, Region 6; 1445 Ross
Avenue, Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday
thru Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A.
Casanova (214) 665-7437.
2. Blanche Kelso Bruce Music Magnet Elementary School; 510 Jensen;
Houston, Texas 77020; Hours of operation: Monday thru Friday, 9 a.m. to
3:30 p.m.
FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project
Manager; U.S. Environmental Protection Agency, Region 6; Superfund
Division (6SF-RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733; telephone number: (214) 665-7437; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Site Partial Deletion
V. Partial Deletion Action
I. Introduction
EPA Region 6 is publishing this direct final Notice of Partial
Deletion for the Many Diversified Interests, Inc. Superfund Site
(Site), from the National Priorities List (NPL). This partial deletion
pertains to the soils of Operable Unit 1 and the underlying ground
water of the approximately 8-acre western portion of Operable Unit 1 of
the Site. The NPL constitutes appendix B of 40 CFR part 300 which is
the Oil and Hazardous Substances Pollution Contingency Plan (NCP),
which EPA promulgated pursuant to Section 105 of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of
1980, as amended. EPA maintains the NPL as the list of sites that
appear to present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). This partial
deletion of the Many Diversified Interests, Inc. Superfund Site is
proposed in accordance with 40 CFR 300.425(e) and is consistent with
the Notice of Policy Change: Partial Deletion of Sites Listed on the
National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL
remains eligible for Fund-financed remedial action if future conditions
warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective August 16, 2010 unless EPA
receives adverse comments by July 15, 2010. Along with this direct
final Notice of Partial Deletion, EPA is co-publishing a Notice of
Intent for Partial Deletion in the ``Proposed Rules'' section of the
Federal Register. If adverse comments are received within the 30-day
public comment period on this partial deletion action, EPA will publish
a timely withdrawal of this direct final Notice of Partial Deletion
before the effective date of the partial deletion and the partial
deletion will not take effect. EPA, will as appropriate, prepare a
response to comments and continue with the deletion process on the
basis of the Notice of Intent for Partial Deletion 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 soils of Operable Unit 1 and
the underlying ground water of the approximately 8-acre western portion
of Operable Unit 1 of the Many Diversified Interests, Inc. Superfund
Site and demonstrates how it meets the deletion criteria. Section V
discusses EPA's action to partially delete the Site parcels from the
NPL unless adverse comments are received during the public comment
period.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will 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 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.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. The soils of Operable Unit 1 and the underlying ground
water of the approximately 8-acre western portion of Operable Unit 1 of
the Many Diversified Interests, Inc. Superfund Site will not require
five-year reviews. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. 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. Partial Deletion Procedures
The following procedures apply to the deletion of the soils of
Operable Unit 1 and the underlying ground water of the approximately 8-
acre western portion of Operable Unit 1 of the Many Diversified
Interests, Inc. Superfund Site:
1. EPA has consulted with the state of Texas prior to developing
this direct final Notice of Partial Deletion and the Notice of Intent
for Partial Deletion co-published in the ``Proposed Rules'' section of
the Federal Register.
2. EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent for
[[Page 33726]]
Partial Deletion prior to their publication today, and the state,
through the Texas Commission on Environmental Quality, has concurred on
this partial deletion of the Site from the NPL.
3. Concurrently with the publication of this direct final Notice of
Partial Deletion, a notice of the availability of the parallel Notice
of Intent for Partial Deletion is being published in a major local
newspaper, the Houston Chronicle. The newspaper announces the 30-day
public comment period concerning the Notice of Intent for Partial
Deletion of the Site from the NPL.
4. The EPA placed copies of documents supporting the partial
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
5. If adverse comments are received within the 30-day public
comment period on this partial deletion action, EPA will publish a
timely notice of withdrawal of this direct final Notice of Partial
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 for Partial Deletion and the comments already
received.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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 further
response actions, should future conditions warrant such actions.
IV. Basis for Site Partial Deletion
The following information provides EPA's rationale for deleting the
soils of Operable Unit 1 and the underlying ground water of the
approximately 8-acre western portion of Operable Unit 1 of the Many
Diversified Interests, Inc. Superfund Site from the NPL. A map of the
Site, including the aerial extent of Operable Unit 1 and the underlying
8 acres of ground water proposed for deletion, is available in the
deletion docket.
Site Location and History
The Many Diversified Interests, Inc. Superfund Site (Site, CERCLIS
ID--TXD008083404), a former foundry (Operable Unit 1), occupied a 36-
acre tract of land located at 3617 Baer Street in Houston, Texas
(Harris County). The Site also consists of the residential areas (off-
site soils of Operable Units 2 and 3) surrounding the former foundry.
Figures, with coordinates, of the areas to be deleted will be made
available at the Site information repositories and included with the
deletion docket. The Site is located approximately two miles east of
downtown Houston and one block south of Interstate Highway 10 in an
area of mixed industrial and residential land use. This part of Houston
is known as the ``Fifth Ward.'' The Site is bordered by Hare Street to
the north, National Vinegar Company and Press Street to the east, the
former Texas & New Orleans railroad right-of-way to the south, and
Bringhurst Street to the west. Operable Units 2 and 3 include the
residential yards and ``high access areas'' (e.g., schools, day care
centers, playgrounds, churches, etc.) surrounding the former foundry.
Operations at the metal casting foundry began in 1926. The facility
primarily manufactured specialty molded parts such as large wheels,
tracks, and mining equipment. The process area consisted of two casting
plants. Various grades of steel, including high carbon, chrome,
molybdenum, high nickel, and stainless steel were cast at the facility.
Scrap metal and iron were melted in the carbon arc furnaces, tested,
corrected for the elements needed for the different grades of steel,
and poured into molds. Molds and cores were constructed by mixing sand
with flour binders. Castings were cleaned (by mechanical grinding, shot
blasting, or sandblasting) and heat-treated. Final machining was
performed either at the site or the customer's shop, if needed.
During the mid-1980s, the southern portion of the Site was leased
to Can-Am Resource Group (Can-Am). Can-Am conducted a spent catalyst
recycling operation using an experimental process. Catalyst is a
substance that speeds up a chemical reaction to create a desirable
product, such as gasoline for vehicles or other usable products. Can-Am
reportedly obtained several thousand drums of spent catalyst from
chemical plants and refineries located along the Houston Ship Channel
and stored them at the Site.
Site Conditions Resulting in Listing
The EPA believes that the air emissions from the operations of the
former foundry, which contained particles of lead, may have caused the
on-site (Operable Unit 1) and off-site (Operable Units 2 and 3) soils
to become contaminated through the air deposition of these particles.
Foundry practices may have also contributed to the on-site lead
contamination of the soils. Other probable sources of lead
contamination that may have impacted the on- and off-site soils may
include lead-based paint and historical deposition from vehicular lead-
based fuel emissions, among other possible sources. The leaking drums
of spent catalyst from chemical plants and refineries, stored at the
Site by Can-Am, also caused the soils to become contaminated, posing a
threat to the residential areas of the Site.
Operable Units
The EPA organized the Site into Operable Units 1 (On-Site Soils and
Ground Water), 2 (Off-Site Residential Yards and High Access Areas),
and 3 (Residential Crawlspaces and Those Residential Areas Not
Addressed Under Operable Unit 2) as discrete actions that address the
distinct geographical portions and the different media (on-site soils
and ground water, and off-site residential yard and crawlspace soils)
affected by the Site. The soils of Operable Unit 1 and the underlying
ground water of the approximately 8-acre western portion of Operable
Unit 1 are the subject of this direct notice for partial deletion.
Operable Unit 1 (On-Site Soils and Ground Water)
Operable Unit 1 (On-Site Soils and Ground Water) consists of the
soils and ground water within the fenced boundaries of the former
foundry.
In September 1998, EPA issued an action memorandum to address the
removal of approximately 5,355 deteriorating drums of waste from the
Site and 100,000 yd\3\ of contaminated on-site soils. In May 1999, EPA
issued unilateral administrative orders directing the potentially
responsible parties to conduct a removal action to address the drummed
wastes at the Site.
The Proposed Plan for Operable Unit 1 was made available for public
comment on February 1, 2004. The Record of Decision for Operable Unit
1, which identified the Selected Remedy for Operable Unit 1, was issued
on July 30, 2004. In September 2006, EPA and Clinton Gregg Investments,
Ltd. (CGI) entered into an ``Agreed Order on Consent and Covenant Not
to Sue.'' This is the first-ever agreement in the nation by a non-
liable party to clean up a Superfund Site. The purchaser of the former
foundry property (Operable Unit 1) agreed to implement and fund the
Selected Remedy. Partial deletion of the soils of Operable Unit 1 and
the underlying ground water of the
[[Page 33727]]
approximately 8-acre western portion of Operable Unit 1 of the Site was
requested by CGI to facilitate the residential development of the Site.
Operable Unit 2 (Off-Site Residential Yards and High Access Areas)
Operable Unit 2 (Off-Site Residential Yards and High Access Areas)
consists of the residential yards and high access areas surrounding the
fenced boundaries of the former foundry (Operable Unit 1). In 1998, the
Texas Natural Resource Conservation Commission (now the Texas
Commission on Environmental Quality) performed a removal action that
addressed 89 residential yards, contaminated with lead, in the vicinity
of the Site. In November 2003 and June 2005, EPA completed removal
actions at 59 residential yards and high access areas, which included
the Blanche Kelso Bruce Elementary School, Fifth Ward Multi-Service
Center, and several churches. The purpose of these removal actions was
to remove surface soil with concentrations of lead that equaled or
exceeded the cleanup goal of 500 mg/kg to reduce the exposure of
children and adults to lead. EPA believes that these removal actions
addressed all of the residential yards and High Access Areas that could
have been affected by the air emissions of particulates containing lead
from the former foundry and for which access was granted for sampling.
The ground water medium was not a component of the investigation
for Operable Unit 2. The Proposed Plan for Operable Unit 2 was made
available for public comment on July 28, 2005. The Record of Decision
for Operable Unit 2, which identified the Selected Remedy for Operable
Unit 2, was issued on September 23, 2005. The Selected Remedy for
Operable Unit 2 was ``no further action'' since the previous removal
actions eliminated the existing and potential risks to human health and
the environment so that no further action was necessary. Operable Unit
2 is not being considered for partial deletion at this time and is not
discussed further in this direct notice of partial deletion.
Operable Unit 3 (Residential Crawlspaces and Those Residential Areas
Not Addressed Under Operable Unit 2)
Operable Unit 3 (Off-Site Residential Crawlspaces and Those
Residential Areas Not Addressed Under Operable Unit 2) consists of the
residential crawlspaces and yards surrounding the fenced boundaries of
the former foundry (Operable Unit 1) which were not addressed under
Operable Unit 2 because the owners could not be located, or they were
not responsive to the EPA's request for sampling, or they denied the
EPA access for sampling.
In April 2006 and 2009, the EPA completed removal actions at the
northeastern portion of the Kelly Village Housing Complex and six (6)
additional residential yards of the Site, respectively. The purpose of
these removal actions was to remove surface soil with concentrations of
lead that equaled or exceeded the cleanup goal of 500 mg/kg to reduce
the exposure of children and adults to lead. EPA believes that these
removal actions addressed all of the Kelly Village areas and
surrounding residential yards which could have been affected by the air
emissions of particulates containing lead from the former foundry and
for which the EPA was granted access for sampling.
The ground water medium was not a component of the investigation
for Operable Unit 3. The Proposed Plan for Operable Unit 3 was made
available for public comment in June 2009. The Record of Decision for
Operable Unit 3, which identified the Selected Remedy for Operable Unit
3, was issued on August 31, 2009. The Selected Remedy for Operable Unit
3 crawlspaces was ``no action warranted'' since the Baseline Human
Health Risk Assessment concluded that current or potential future Site
conditions pose no unacceptable risks to human health or to the
environment so that no action is warranted. The Selected Remedy
Operable Unit 3 residential yards was ``no further action'' since the
previous removal actions eliminated the existing and potential risks to
human health and the environment so that no further action was
necessary. Operable Unit 3 is not being considered for partial deletion
at this time and is not discussed further in this direct notice of
partial deletion.
Remedial Investigation and Feasibility Study for Operable Unit 1
The remedial investigation for Operable Unit 1 addressed the
following key issues in order to determine the nature and extent of
contamination at the Site:
Determine the distribution of metal concentrations in
near-surface soils (specifically lead deposited as a result of air
dispersion and deposition of emissions from the former foundry),
Determine the nature and extent of contaminants of
potential concern in soils associated with the historic foundry
operations at the Site, and
Determine the nature and extent of contamination in ground
water at the Site (Operable Unit 1).
The contaminant found above risk-based levels in the soils included
lead. The contaminants found above risk-based levels in the ground
water included benzo(a)pyrene, total petroleum hydrocarbons, manganese,
and molybdenum. A total of five alternatives were developed for the
Site during the feasibility study for Operable Unit 1. The EPA chose
stabilization/solidification of lead-contaminated soils with off-site
disposal, source removal and monitored natural attenuation for the
ground water, and the placement of institutional controls for both the
soils and ground water as the Selected Remedy for the Site.
Selected Remedy for Operable Unit 1
The major components of the Selected Remedy described in the Record
of Decision for Operable Unit 1 (On-Site Soils and Ground Water) for
the Site consisted of:
Excavation and Treatment (solidification/stabilization, if
necessary) of approximately 13,600 cubic yards (yd\3\) of soils with
lead concentrations equal to or greater than 500 milligrams per
kilogram (mg/kg) to a maximum depth of 1.5 feet below ground surface
(bgs), and approximately 3,000 yd\3\ of soils stockpiled at the Site
from a previous removal action were also treated, if necessary.
Transportation and Disposal (at a permitted off-site waste disposal
facility) of the treated and untreated soils;
Transportation and Disposal (at a permitted off-site waste
disposal facility) of approximately 31,621 yd\3\ of debris
(nonhazardous debris, foundry sand, and slag), the Asbestos-Containing
Material in the on-site building and scattered throughout the Site, and
an Underground Storage Tank in the vicinity of Monitoring Well (MW) 20;
Excavation and Disposal (at a permitted off-site waste
disposal facility) of approximately 2,100 yd\3\ of soils contaminated
with benzo(a)pyrene, or other organics, at the MW-3 location; light
nonaqueous-phase liquids at the MW-11 location; and Total Petroleum
Hydrocarbons at the MW-20 location. Soil cleanup levels for these
isolated source areas were determined during the remedial design and
remedial action for the Selected Remedy;
Implementation of Monitored Natural Attenuation for the
ground water, which included source removal and Long-Term Monitoring
for the ground water to ensure that constituents (total petroleum
hydrocarbons and benzo[a]pyrene) above cleanup goals are naturally
attenuating; and
Implementation of Institutional Controls for both the
soils and ground
[[Page 33728]]
water to prevent exposure to soil contamination above acceptable
cleanup levels and to prevent exposure to contaminated ground water in
the shallow water-bearing zone.
Remedial Action Objectives for Operable Unit 1
The Remedial Action Objectives accomplished for Operable Unit 1 of
the Site were:
Remove the asbestos-containing material stockpiled on the
Site and left in the existing building,
Reduce the risk posed to residential receptors by lead
concentrations in the soils equal to or greater than the cleanup goal
for the Site (500 mg/kg),
Remove soil visibly contaminated with waste oil in the
vicinity of MW-3 and MW-20 that was acting as a potential continuing
source of ground water contamination,
Remove soil visibly contaminated with waste oil in the
vicinity of MW-11 that has the potential to act as a source of ground
water contamination,
Remediate ground water in the northwest corner of the
Site, at MW-20, and remove the free product associated with an
underground storage tank, and
Mitigate the threat posed by exposure to ground water
throughout the rest of the Site.
The basis for the Remedial Action Objectives for the Operable Unit 1
soil was to cleanup the Site to residential standards, the anticipated
future land use for the fenced boundaries of the Site. The basis for
the Remedial Action Objectives for the ground water was to ensure that
current and future receptors are not exposed to contaminated ground
water during the implementation of the Selected Remedy.
Response Actions for Operable Unit 1
The remedial design for Operable Unit 1 included the following
design determinations:
Defining the lead removal and sampling techniques
(including confirmation sampling);
Detailing a lead-impacted soil treatment process;
Determining source removal criteria for light nonaqueous
phase liquid-impacted areas,
Defining the disposal/sampling needs for each waste
stream, and
Defining the monitoring wells for the monitored natural
attenuation program.
The remedial action for Operable Unit 1 included:
Demolition and disposal of an abandoned 2-story office
building, and several 1-story utility structures;
Transportation and disposal of the asbestos-containing
material in the on-site building and scattered throughout the Site;
Transportation and disposal (at a permitted off-site waste
disposal facility) of approximately 31,621 yd\3\ of debris (non-
hazardous debris, foundry sand, and slag) and the asbestos-containing
material in the on-site building and scattered throughout the Site;
Removal and disposal of an electrical transformer, and
underground storage tank in the vicinity of MW-20 and Lead Area 1, and
the management and disposal of foundry bag filters identified as a
listed K061 waste material;
Excavation and treatment (solidification/stabilization, if
necessary) of approximately 13,600 yd\3\ of soils with lead
concentrations equal to or greater than 500 mg/kg to a maximum depth of
1.5 feet bgs and approximately 3,000 yd\3\ of soils stockpiled at the
Site from a previous removal action, and transportation and disposal
(at a permitted off-site wastes disposal facility) of the treated and
untreated soils;
Excavation and disposal (at a permitted off-site waste
disposal facility) of approximately 2,100 yd\3\ of soils contaminated
with benzo(a)pyrene, or other organics, at the MW-11 location, and
total petroleum hydrocarbons at the MW-20 location;
Confirmation sampling for several locations identified to
have been impacted by either semi-volatile organic compounds or
polychlorinated biphenyls in the soils; and lead confirmation sampling
for the Site soils;
Installation of additional monitoring wells to be utilized
during the monitored natural attenuation program.
Cleanup Goals for Operable Unit 1
Soil remedial action activities were conducted at Operable Unit 1
from May 2007 through June 2008. The soil remedial action for Operable
Unit 1 of the Site consisted of the sampling and excavation, including
the proper disposal, of the soils contaminated with lead equal to or
greater than the 500 mg/kg residential soil lead cleanup level
specified in the Record of Decision for Operable Unit 1. The soil
remedial action also consisted of the sampling and excavation of soils
contaminated with total petroleum hydrocarbons and other organics
identified in the Record of Decision for Operable Unit 1. Confirmation
sampling was also conducted to verify that this area did not contain
soil with lead or organic concentrations (total petroleum hydrocarbons,
benzo(a)pyrene, and polychlorinated biphenyls) equal to or greater than
the cleanup level. Institutional controls were not required for the
soils since sampling indicated that soil lead concentrations did not
exceed the cleanup level below 1.5 feet bgs. Sampling data gathered
from the ground water monitoring wells located in the approximately 8-
acre western portion of Operable Unit 1 indicated that the underlying
ground water had not been impacted by the hazardous substances
identified in the Selected Remedy for Operable Unit 1 of the Site. The
ground water flows to the east southeast at this portion of the Site
and the contaminants are not expected to contaminate the ground water
underlying the 8-acre western portion of the Site. Therefore, EPA
determined that the ground water underlying the approximately 8-acre
western portion of Operable Unit 1 would not require institutional
controls.
The EPA conducted pre-final and final construction inspections for
Operable Unit 1 on June 25, 2008, and determined that CGI completed the
Selected Remedy for Operable Unit 1 in accordance with the remedial
design plans and specifications, the remedial action sampling and
analysis plan, the Record of Decision for Operable Unit 1, and the
Agreed Order on Consent. The EPA approved the ``Final Soil Remedial
Action Report'' (dated 08/29/08) on December 12, 2008, and issued a
final certification of completion of the soil remedial action on August
19, 2009.
Since all the contaminants were remediated in the Operable Unit 1
soils, and monitoring data indicated that the ground water underlying
the 8-acre western portion of the Site was not contaminated, no
operation and maintenance, monitoring, or five-year reviews are
required.
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 partial deletion docket which the EPA
relied on for recommendation for the partial deletion from the NPL are
available to the public in the information repositories, and a notice
of availability of the Notice of Intent for Partial Deletion has been
published in the Houston Chronicle to satisfy public participation
procedures required by 40 CFR 300.425(e)(4).
Determination That the Criteria for Deletion Have Been Met
In accordance with 40 CFR 300.425(e), sites may be deleted from the
NPL where no further response is
[[Page 33729]]
appropriate. The EPA, in consultation with the State of Texas (through
the Texas Commission on Environmental Quality), has determined that the
potentially responsible parties have completed the removal action for
Operable Unit 1 according to the May 1999 ``Unilateral Administrative
Order,'' and that Clinton Gregg Investments, Ltd. has completed the
soil remedial action for Operable Unit 1 according to the July 2004
``Record of Decision'' and the September 2006 ``Agreed Order on Consent
and Covenant Not to Sue.'' Additionally, EPA completed the removal
action at Operable Unit 1 according to the September 1998 ``Action
Memorandum.''
V. Partial Deletion Action
The EPA, with concurrence of the State of Texas, through the Texas
Commission on Environmental Quality, has determined that all
appropriate response actions under CERCLA have been completed.
Therefore, EPA is deleting the soils of Operable Unit 1 and the
underlying ground water of the approximately 8-acre western portion of
Operable Unit 1 of the Many Diversified Interests, Inc. Superfund 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 16, 2010 unless EPA receives adverse comments by
July 15, 2010. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of partial deletion before the effective date of
the partial deletion and it will not take effect. EPA will prepare a
response to comments and continue with the deletion process on the
basis of the notice of intent to partially 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 waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: June 4, 2010.
Lawerence E. Starfield,
Acting 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 by revising the entry
under ``Many Diversified Interests, Inc., Texas'' to read as follows:
Appendix B to Part 300--National Priorities List
Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
State Site name City/county Notes (a)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
TX........................... Many Diversified Interests, Houston...................... P
Inc.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) * * *
* P = Sites with partial deletion(s).
[FR Doc. 2010-14232 Filed 6-14-10; 8:45 am]
BILLING CODE 6560-50-P