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National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Update
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Rules and Regulations]
[Page 36015-36019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-8186-5]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Brio Refining, 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 Brio Refining,
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
22, 2006 unless EPA receives adverse comments by July 24, 2006. If
adverse comments are received, EPA will publish a timely withdrawal of the
[[Page 36016]]
direct final notice of deletion in the Federal Register informing the
public that the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1989-0008, by one of the following methods:
http://www.regulations.gov: 
Follow the on-line instruction
for submitting comments.
E-mail: mail to walters.donn@epa.gov.
Fax: 214-665-6660.
Mail: 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.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1989-0008. 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 or e-mail. The http://
www.regulations.gov Web site is 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 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 the
information repositories.
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 Brio Refining, 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 describes 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 22, 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 Brio Refining, 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) responses 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 measure 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.
[[Page 36017]]
(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 Brio Site is located almost 20 miles south of Houston, Texas,
and occupies approximately 58 acres. The site is divided by Dixie Farm
Road, with Brio North being historically used for storage purposes and
Brio South being primarily used for processing activities. A
neighboring residential subdivision (Southbend, now abandoned) is
located along and north of the northern boundary of Brio North. Mud
Gully, a flood control ditch and local tributary of Clear Creek, runs
along the western boundary of the Site.
Site History
Processing activities began at the Site in the early 1950's and
consisted of reclamation of petrochemicals from various source
materials, most of which were residues, tank bottoms, and tars of other
processes performed at off-site locations. Most of the feedback
materials for processing at Brio were stored in on-site pits, many of
which were located on Brio North. All of the pits were closed during
site operations, which ceased in December 1982.
Remedial Investigation and Feasibility Study (RI/FS)
In 1985, EPA entered into an Administrative Order on Consent with
the Brio Site Task Force (BSTF) to perform the RI/FS. The investigation
focused on five predominant media: Soils in and around the closed
impoundments, groundwater, above ground tanks, the waste water
treatment system, and sewage sludge.
The investigations found that the majority of the contamination at
the site is found within the location of the former storage pit areas.
The pits were constructed within the uppermost geologic units
designated the Upper Clay. This unit occurs across the entire site and
ranges in depth from 14 to 32 feet. The RI/FS estimated the volume of
contaminated soils associated with the former pits at approximately
200,000 cubic yards.
The three primary affected media at the site include ground water,
surface soils, and subsurface soils. The principal contaminants of
concern at the site are organic compounds and chlorinated solvent
compounds. The contaminants include the following: 1,1,2-
trichloroethane; 1,2-dichloroethane; 1,2-dichloroethene; 1,1-
dichloroethene; 1,1-dichloroethane; vinyl chloride; bis-(2-chloroethyl)
ether; and phenanthrene.
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
Following the site investigations, EPA issued a Record of Decision
(ROD) on March 31, 1988, that selected on-site incineration of pit
residuals, removal of surface contamination, channel improvements to
Mud Gully, demobilization of remaining process equipment and removal of
debris on the site, removal of dense non-aqueous phase liquids (DNAPL)
and pump and treat for groundwater in the numerous sand channel zone
(NSCZ). The ROD addressed all the threats at the site as a single
operable unit, including ground water contamination. A consent decree
was entered in April 1991 between EPA and the BSTF for implementation
of the ROD. A remedial design was performed by the BSTF and approved by
EPA in July 1993. Demolition of the majority of the remaining process
equipment was completed prior to mobilization of the incinerator.
A rotary kiln incinerator and support equipment were mobilized to
the site following the demolition work. Temporary enclosures were
erected over the pits requiring remediation in order to contain
emissions during excavation. The incinerator began clean burn
operations with imported material, and excavation began at Pit R on
Brio South for shakedown operations and to stockpile material for the
trial burn. Emission problems during excavation led to a ``stop work''
order until appropriate emission control equipment could be installed.
Before additional controls could be installed, the BSTF submitted a
force majeure claim which resulted in the decision by EPA to allow the
dismantling of the incinerator. The incinerator and support equipment
were demobilized by December 1994.
A focused feasibility study was initiated to evaluate alternatives
to the incineration remedy selected in 1988. The EPA signed an Amended
Record of Decision on July 2, 1997, selecting containment as the
preferred alternative. The elements of the containment remedy included
a vertical barrier wall, site cover, groundwater flow control and
institutional controls.
Response Actions
In June 1989, an Administrative order on Consent was signed with
the BSTF, to begin dismantlement of the process equipment on the site.
The facility dismantlement was completed in December 1989. Material
present in the process equipment and tanks was consolidated into
remaining tanks. The process equipment and tanks were decontaminated
and sent to an off-site smelter for reclamation.
A consent decree with a scope of work to implement the remainder of
the ROD was entered by the Federal district court on April 4, 1991. A
remedial design was completed in 1993 that addressed installation and
operation of an incinerator to treat contaminated soils, sludges, and
liquids above the action levels specified in the ROD.
In May 1993, surface water discharges were found to be occurring in
Mud Gully. Characterization of the water and sediments in Mud Gully and
Clear Creek found that chlorinated volatile organics were discharging
from the Brio site in the area of Pit B in order to
[[Page 36018]]
control the discharges of contaminated ground water to Mud Gully.
In December 1993, site preparation work for the mobilization of the
incinerator began. This work included removal of the majority of the
remaining tanks from the initial dismantling operation. The tanks were
cleaned and sent off-site for smelting. A rotary kiln incinerator and
support equipment were mobilized to the site following the demolition
work. The incinerator was demobilized by December 1994 following EPA's
decision to evaluate other alternatives for the Site.
During the time between the demobilization of the incinerator and
the implementation of the containment alternative in the Amended ROD,
several elements of construction continued. The elements included:
Initiation and operation of DNAPL recovery; ground water extraction and
treatment to prevent off-site migration to Mud Gully; removal of
storage tanks and drums remaining at the site and off-site disposal of
the contents; and closure of the waste water treatment system.
Construction of the remedial action pursuant to the Amended ROD
began in July 2000 and was implemented in phases. Approximately 5900
lineal feet of slurry wall was constructed around the perimeter of the
site from September to December 2000. The slurry wall was constructed
by excavating a 30-inch wide trench to a depth that seals the wall into
a low-permeable natural clay layer termed ``Middle Clay Unit''(MCU).
The depth of the slurry wall ranges from approximately 35 to 50 feet.
Once the excavation achieved the proper depth, a backfill material
(consisting of thoroughly mixed native soils and fresh slurry) was
placed in the excavation.
The sheet pile barrier wall was installed from July 2001 to
December 2001. The wall is approximately 1,781 feet long and varies in
depth from 35 to 50 feet below ground surface. The wall was installed
to designed depths into the low-permeable natural clay layer and in
conjunction with the slurry wall completed the vertical barrier wall
component of the Amended ROD.
The cover system was divided into two major components: Brio North
and Brio south. The two areas are divided by Dixie Farm Road and
separate borrow pit areas were developed in order to minimize truck
traffic over the road. The Brio South cover was initiated first due to
its smaller size. The Brio South cover system was constructed from May
2001 to February 2002. An additional compacted clay layer was extended
over a segment of the adjacent Dixie Oil Processors (DOP) South site to
provide controlled surface water runoff. The Brio North cover system
was constructed from December 2001 to September 2003.
The improvements to Mud Gully were done under the jurisdiction of
the Harris County Flood Control District and were completed in June
2003. The improvements included realignment of the gully, lining with
articulated concrete blocks, and a topsoil cover with vegetation.
A ground water control system was installed that included a water
treatment plant, extraction wells, and extensive piping and utilities.
The system includes 17 extraction wells to control the hydraulic
gradient and 21 monitoring wells to determine compliance with the
performance standards.
A pre-certification inspection was conducted by EPA on March 11,
2004, to determine if all the elements of the remedial action met the
construction requirements of the Amended ROD and the remedial design.
EPA prepared a preliminary closeout report to document the attainment
of construction completion and issued the report on April 28, 2004. A
final inspection was conducted on April 20, 2006, and EPA found that
all elements fo the remedy had been successfully constructed and were
operating in accordance with approved plans.
Operation and Maintenance (O&M)
In March 2004, the BSTF submitted a Monitoring, Operation and
Maintenance (MO&M) Plan for the site. EPA approved the plan on May 20,
2004. 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 site. The plan requires (i)
operation of the groundwater recovery and treatment system, (ii)
operation of the gas collection and recovery system, (iii) monitoring
and maintenance of the cover system, and (iv) monitoring of the
environmental media (soil, ground water, and air). The plan includes an
institutional control plan that provides for deed restrictions on all
properties within the site boundary where property owners could be
located, and deed notices on properties where the land owner was
recalcitrant. The requirements of the institutional control plan have
been completed through a Grant of Environmental Deed Restriction and
Right of Access, which was recorded August 30, 2005, in the Harris
County real property records.
Five-Year Review
Consistent with Section 121(c) of the 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 this 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 continue to be adequately protected by the
implemented remedy. Five-year reviews were completed on January 8,
1998, and May 13, 2003. The reviews found that the remedy remains
protective of human health and the environment.
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 22, 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
[[Page 36019]]
substances, Hazardous waste, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Superfund, Water pollution
control, Water supply.
Dated: May 25, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
? For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
? 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]
? 2. Table 1 of Appendix B to Part 300 is amended under Texas (``TX'') by
removing the entry for ``Brio Refining, Inc.''.
[FR Doc. 06-5568 Filed 6-22-06; 8:45 am]
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