IN THE MATTER OF ) - US Environmental Protection Agency · IN THE MATTER OF )) MaJone Service...

IN THE MATTER OF ))

MaJone Service Company Superfund Site )Texas City, Texas )

)Atlantic Richfield Company )BASF Corporation )Baker Hughes Oilfield Operations, Inc. )Baker Petrolite Corporation )BP America Production Company )BP Amoco Chemical Company )BP Products North America Inc. )Champion Technologies, Inc. )Chevron Environmental Management Co., )

individually and on behalf of, )Chevron Pipeline, )Cities Service Fractionators, Inc., )Gulf Oil Products Company, )Gulf Oil Big Sandy Terminal, )Gulf Refining & Marketing Company, )Gulf Oil Chemical Company, )Gulf Station, Texaco Inc., )Texaco Pipeline Incorporated, )Texaco USA, )Warren Petroleum Company, )Chevron, Chevron Oil, )Texaco Chemical Company, and )Gulf Service Station )

Dixie Chemical Company, Inc. )Exxon Mobil Corporation )General Dynamics Corporation )The General Electric Company, )

for itself and GE Betz, Inc., )successor to Betz Laboratories, Inc. and )BetzDearborn, Inc. )

The Goodyear Tire & Rubber Company )Groendyke Transport, Inc. )Lyondell Chemical Company )Marathon Ashland Pipe Line LLC )Marathon Oil Company )Marathon Petroleum Company )Mission Petroleum Carriers )Nalco Company, )

individually and on behalf of, )Calgon Corporation )

U.S. EPA DOCKET NO.CERCLA 06-18-03

190545

005987

NL Industries, Inc. )Occidental Chemical Corporation )Rohm and Haas Company )Sea Lion Technology, Inc. )Texas Instruments Incorporated )Welchem, Inc., )

)Respondents )

)Proceeding under Sections 104,106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980, as amended, )42 U.S.C. §§ 9604,9606(a), and 9622(a). )

FIRST AMENDMENT TO THE ADMINISTRATIVE ORDER ON CONSENT FORREMEDIAL INVESTIGATION/FEASIBILITY STUDY

On September 29, 2003, the United States Environmental Protection Agency ("EPA")and the Respondents listed above ("Respondents") entered into an Administrative Order onConsent, Docket No. CERCLA 06-18-03 ("Order"), in connection with a remedial investigationand feasibility study ("RI/FS") for the Malone Service Company Superfund site ("Site") in TexasCity, Texas. This First Amendment to Administrative Order on Consent for RemedialInvestigation/Feasibility Study ("First Amendment") is issued under the authority vested in thePresident of the United States by Sections 104, 106(a), 107, and 122 of the ComprehensiveEnvironmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"),42 U.S.C. §§ 9604, 9606, 9607, and 9622. The authority vested in the President has beendelegated to the Administrator of the EPA by Executive Order 12580, 52 Fed. Reg. 2923 (Jan.29, 1987), and further delegated to the Regional Administrators of the EPA by EPA DelegationNo. 14-14-C (May 11,1994). This authority has been redelegated by the Regional Administratorto the Director, Superfund Division, by EPA Regional Delegation No. R6-14-14-C (June 8,2001).

Section IX (Work to be Performed), Paragraph 34, of the Order provides that the Ordermay be amended to add a Storm Water Management Statement of Work for performance ofcertain removal and maintenance activities at the Site, generally consisting of the maintenance ofadequate freeboard in the in-ground API separators and the lagoon and management of stormwater. Pursuant to Section XXIX (Effective Date and Subsequent Modification) of the Order,the Order is hereby amended by mutual agreement of the EPA and Respondents to add theattached Storm Water Management Scope of Work as Appendix D to the Order. Except for thepurposes of Section XXX (Notice of Completion of Work), the activities described in the StormWater Management Scope of Work shall constitute "Work" as defined in the Order, and the

005988

activities performed by Respondents pursuant to the Storm Water Management Scope of Workshall be conducted in compliance with the terms of the Order.

Except as specified in this First Amendment, all other terms and conditions of the Orderare unchanged and remain in full effect.

This amendment is effective on the date signed by EPA. Upon amendment of the Order,Respondents shall undertake all necessary removal and maintenance activities set forth in theattached Storm Water Management Statement of Work in accordance with the terms of theOrder, and Respondents shall continue such activities with EPA oversight through the date thatEPA makes the determination that all Work described in the Rl/FS Statement of Work has beenfully performed in accordance with the Order and provides written notice to Respondents of thatdetermination, as required in Section XXX, Paragraph 109, of the Order, unless otherwise agreedby EPA and the Respondents.

IT IS SO AGREED AND ORDERED:

U.S. Environmental Protection Agency

By:Samuel Coleman, P.E. / /~ [Date]Director, Superfund Division, Region 6

005989

Occidental Chemical Corporation )Monsanto (n/k/a Pharmacia Corporation) )

by Solutia, Inc. )Rohm and Haas Company )Sea Lion Technology, Inc. )Texas Instruments Incorporated )Welchem, Inc., )

)Respondents )

)Proceeding under Sections 104,106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980, as amended, )42 U.S.C. §§ 9604, 9606(a), and 9622(a). )

THE UNDERSIGNED RESPONDENT enters into this First Amendment to the AdministrativeOrder on Consent for Remedial Investigation/Feasibility Study in the matter of CERCLA DocketNo. 06-18-03 relating to the Malone Service Company Superfund Site, Texas City, Texas:

FOR RESPONDENT:

Atlantic Richfield Company; BP America Production Company, f/k/a Amoco ProductionCompany; BP Amoco Chemical Company, f/k/a/ Amoco Chemical Company; BP ProductsNorth America Inc., f/k/a Amoco Oil Company, Amoco Texas Refining Company, Standard OilProduction Company; and Welchem, Inc.

By:Signature Date

A. L. Keller______________Print Name of Signatory

Written notice to the following notification contact person will constitute complete satisfactionof any written notice requirement (if any) of this First Amendment to tlie Administrative Orderon Consent with respect to the Respondent who has signed above.

Print Name

005990

Print AddressAPPENDIX D

STORM WATER MANAGEMENT SCOPE OF WORK

005991

dstanl02

Text Box



)Respondents )


THE UNDERSIGNED RESPONDENT enters into this First Amendment to the AdministrativeOrder on Consent for Remedial Investigation/Feasibility Study in the matter of CERCLA DocketNo. 06-18-03 relating to the Malone Service Company Superfund Site. Texas City, Texas:

FOR RESPONDENT:

Baker Petrolite Corporation_________Name

12645 West Airport Blvd.. Sugar Land. Texas 77478Address

Signature Date

Halina E. Caravello_____________Print Name of Signatory

Written notice to the following notification contact person will constitute complete satisfactionof any written notice requirement (if any) of this First Amendment to the Administrative Orderon Consent with respect to the Respondent who has signed above.

Halina E. CaravelloPrint Name

Baker Petrolite Corporation. 12645 West Airport Blvd.. Sugar Land, Texas 77478Print Address

005992



)Respondents )

)Proceeding under Sections 104, 106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980, as amended, )42 U.S.C. §§ 9604, 9606(a), and 9622(a). )

THE UNDERSIGNED RESPONDENT enters into this First Amendment to the Administrative Order on Consentfor Remedial Investigation/Feasibility Study in the matter of CERCLA Docket No. 06- 1 8-03 relating to the MaloneService Company Superfund Site, Texas City, Texas:

FOR RESPONDENT:

BASF CORPORATION

Name3000 Continental Drive - NorthMt. Olive, NJ 07828-1234

Address

By: rytAJi \C/VUWACW July 12. 2004Signature Date

Nan Bernardo________________Print Name of Signatory

Written notice to the following notification contact person will constitute complete satisfaction of any written noticerequirement (if any) of this First Amendment to the Administrative Order on Consent with respect to the Respondentwho has signed above.

Nan Bemardo_____________Print Name

BASF CORPORATION3000 CONTINENTAL DRIVE -NORTHMT. OLIVE, NJ 07828

Print Address

005993

MAY 0 7 2004



Respondents )

Proceeding under Sections 104,106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980, as amended, )42 U.S.C. §§ 9604, 9606(a), and 9622(a). )


FOR RESPONDENT:

Name: Champion Technologies, Inc.

Address: 3355 West Alabama, Suite 400, Houston, Texas 77098

Date 04/30/04

J. Loren Ross, Vice-PresidentPrint Name of Signatory


Print Name: Dwight Vorpahl

Print Address: 3355 West Alabama, Suite 400, Houston, Texas 77098

005994

04/28/04 WED 14:39 FAI 713 754 3326 CHEVRON LAW DEPT. ©006



)Respondents )

)Proceeding under Sections 104,106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980, as amended, )42 U.S.C. §§ 9604,9606(a), and 9«22(a). )


FOR RESPONDENT:

Chevron Environmental Management Company, individuallyand on behalf of Chevron Pipeline, Cities Service. Fractionators,Inc., Gulf Oil Products Company, Gulf Oil Big Sandy Terminal,Gulf Refining & Marketing Company, Gulf Oil Chemical Company.,Gulf Station, Texaco Inc., Texaco Pipeline Inc., Texaco USA,Warren Petroleum Company, Chevron, Chevron Oil, TexacoChemical Company, and Gulf Service Station__________________Name

6001 Bollinger Canyon RoadSan Ramon. California 94583 .. ________________Address

Signature Date

Gordon Turl, ManagerSuperfund and Property Management Business UnitChevron Environmental Management CompanyPrint Name of Signatory

Received Apr-28-04 11:33 From-713 754 3328 To-San Ramon Marr iot t G Page 006

005995

04/28/04 WED 14:40 FAX 713 754 3326 CHEVRON LAW DEPT. ©007


Mr. Tonirny Thompson__________________________Print Name

Chevron Environmental Management CompanySuperfund and Property Management Business Unit5959 Corporate DriveHouston. Texas 77036____________________________Print Address

Recaived Apr-28-04 11:33 Frora-713 754 3326 To-San Raraon Marriott G Page 007

005996

THE UNDERSIGNED RESPONDENT enters into this Consent Order in the matter of CERCLADocket No. 6-18-03 relating to the Malone Service Company Superfund Site, Texas City, Texas:

FOR RESPONDENT:

Dixie Chemical Company, Inc.

300 Jackson Hill St. Houston. Texas 77007Print Address

By:________ _________ .Signature ( \ > Date

_Paula McLemore________Print name of Signatory

Written notice to the following notification contact person will constitute complete satisfactionof any written notice requirement (if any) of this Consent Order with respect to the Respondentswho has signed above:

Paula McLemorePrint Name

_300 Jackson Hill St., Houston, Texas 77007Print Address

IN THE MATTER OF: ) U.S. EPA Docket No. 6-18-03

005997


by Solatia, Inc. )Rohm and Haas Company )Sea Lion Technology, Inc. )Texas Instruments Incorporated )Welchem, Inc., )

)Respondents )


THE UNDERSIGNED RESPONDENT enters into this First Amendment to the AdministrativeOrder on Consent for Remedial Investigation/Feasibility Study in the matter of CERCLA DocketNo 06-18-03 relating to the Malone Service Company Superfund Site, Texas City, Texas:

FOR RESPONDENT:

Exxon Mobil Corporation

16825 Northchase Drive Roon*923Houston, TX 77060

By:Signature Date

Print Name of Signatory


Kyle HarrisExxonMobil16825 Northchase DriveCORP-GP2-923Houston. TX 77060

005998



)Respondents )



FOR RESPONDENT:

General Dynamics Corp.Name

2941 Fairview Park Drive, Suite 100Falls Church, VA 22j>!r?-4513

Address

Signature

David A. SavnerPrint Name of Signatory


Rebecca L. Raf tery

Print NameJenner & Block LLP, 330 North Wabash37th Floor, Chicago, IL 60611_______

Print Address

005999



)Respondents )



FOR RESPONDENT:The General Electric Company, for itself and GE Betz, Inc.,successor to Betz Laboratories, Inc. and BetzDearborn, Inc.Name

640 Freedom Business Center, King of Prussia, PA 19406

Signature Date

Lisa A HamiltonPrint Name of Signatory


Roy S BlickwedelPrint Name640 Freedom Business Center, King of Prussia, PA 19406

Print Address

006000



)Respondents )



FOR RESPONDENT:

The Goodyear Tire & Rubber Company ATTEST: _______Name Bertram Bell

Assistant Secretary1144 East Market Street; Akron, Ohio 44316Address

By:Signature Da

Don Stanley, Vice President, Product Quality and Plant TechnologyPrint Name of Signatory


Winfred Colbert. Esq.Print Name

1144 East Market Street, D/822; Akron. Ohio 44316Print Address

006001



)Respondents )





Print Name

Print Address

006002



)Respondents )



FOR RESPONDENT:

Groendyke Transport, Inc., individually and on behalf of Transport Company of Texas

P.O. BoXo32yEnid. OJclahonw73702Addre«

Signature Date

David H. Schaub_____________Print Name of Signatory


Heather M. CorkenPrint Name

Fulbright & Jaworski L.L.P.. 1301 McKinnev, Suite 5100. Houston. Texas 77010Print Address

006003



)Respondents )



FOR RESPONDENT:

Lvondell Chemical Company________Name

1221 McKinney Street. Houston, TX 77010Address

Signature Date

Karen M. Swindler____________Print Name of Signatory


General Manager, Responsible Care (VP)Print Name

1221 McKinnev Street. Houston. TX 77010Print Address

006004

j Occidental Chemical Corporation )| Monsanto (n/k/a Pharmacia Corporation) )1 by Solutia, Inc. )

Rohm and Haas Company )! Sea Lion Technology, Inc. )

Texas Instruments Incorporated )Welchem, Inc., )

! )Respondents )



FOR RESPONDENT:Marathon Petroleum CompanyMarathon Oil CompanyMarathon Ashland Pipeline LLC_____________Name

5555 San Felipe. Houston. Texas 77056_________Address ,—- s~?

Bv: I^VJVcgGf^-———, ^^7-20-04Signature {£*$=£*) Date

M. Paul Peacock___________________________Print Name of Signatory


Mary Koks. Attorney-at-Law^_________________Print Name

J450 Lake Robbins Drive, Suite 600The Woodlands. Texas 77380Print Address

006005

Occidental Chemical CorporationMonsanto (n/k/a Pharmacia Corporation)

by Solutia, Inc.Rohm and Haas CompanySea Lion Technology, Inc.Texas Instruments IncorporatedWelchem, Inc.,

Respondents

Proceeding under Sections 104,106(a), 122(a),And 122(d)(3) of the ComprehensiveEnvironmental Response, Compensation, andLiability Act of 1980, as amended,42 U.S.C. §§ 9604, 9606(a), and 9622(a).

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PROJECT ,NAVIGATOR, LTD.®

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BY:

ADMINISTRATIVE ORDERON CONSENT


FOR RESPONDENT:

__Mission Petroleum CarriersName

_8450 Mosley Road, Houston, TX 77075Address^-? ,/7 ... ,, //



Print Name

Print Addressv.

006006

NL Industries, Inc. )Nalco Company, )

individually and on behalf of, )Calgon Corporation )



)Respondents )



FOR RESPONDENT:

Nalco Company, individually on behalf of Calgon CorporationName

1601 West Diehl Road, Nwerville. IL 60563-1198Addres

By:Signature Date

Dr. Deborah Hockman______________Vice President, Safety, Health & EnvironmentPrint Name of Signatory

006007


Dr. Deborah HockmanVice President, Safety, Health & EnvironmentPrint Name

1601 West Diehl Road, Naperville, IL 60563-1198Print Address

006008

J'JL 16 2004 10 :38 FR PROJECT NfiUIGflTOR 714 449 1833 TO 918088742244 P . 06



Respondents )

Proceeding under Sections 104,106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980, as amended, )42 U.S.C. §§ 9604, 9606(a), and 9622(a). )


FOR RESPONDENT:

Name

rint Name of Signatory


Print Name

Print Address tte r CO

** TOTf tL PPGE.06 **

006009



)Respondents )


THE UNDERSIGNED RESPONDENT enters into this First Amendment to the AdministrativeOrder on Consent for Remedial Investigation/Feasibility Study in the matter of CERCLA DocketNo. 06-18-03 relating to the Malone Service Company Superfund Site. Texas City, Texas:

FOR RESPONDENT:

Occidental Chemical Corporation______Name5005 LBJ FreewayDallas, TX 75244____ ___Address

Date

Scott A. King______________________Print Name of SignatoryVice President & General Counsel


J. Alan MackPrint Name Associate General Counsel

5005 LBJ FreewayDallas, TX 75244_______________

Print Address

006010



)Respondents )



FOR RESPONDENT:



eMPrint Name(J

Print Address

006011



)Respondents )



FOR RESPONDENT:

Rohm and Haas CompanyName

100 Independence Mall West, Philadelphia, PA 19106Address

i a t u r g ) ( 1 Date

Jeffrey C. Wyant, Chief Regulatory CounselPrint Name of Signatory


Jeffrey C. Wyant, Chief Regulatory Counsel

Print Name

Rohm and Haas Company, 100 Independence Mall West, Philadelphia, PA 19106Print Address

006012


by Solutia, Inc. )Rohm and Haas Company )Sea Lion Technology, Inc. )Texas Instruments Incorporated )Welch em, Inc., )

)Respondents )

)Proceeding under Sections 104, 106(a), 122(a), ) ADMINISTRATIVE ORDERAnd 122(d)(3) of the Comprehensive ) ON CONSENTEnvironmental Response, Compensation, and )Liability Act of 1980. as amended, )42 U.S.C. §§ 9604, 9606(a), and 9622(a). )

THE UNDERSIGNED RESPONDENT enters into this First Amendment to the AdministrativeOrder on Consent for Remedial Investigation/Feasibility Study in the matter of CERCLA DocketNo. 06-1 8-03 relating to the Malone Service Company Superfund Site, Texas City, Texas:

FOR RESPONDENT:

Sea Lion Technology, Inc., individually and on behalf of Sea Lion, Inc., Sea Lion ChemicalPartnership, Sea Lion Chemical, Inc., Chem Management, Inc., and Sea Lion ChemicalTransportation, Inc.

5700 Century Blvd., P.O. Box 1807. Texas City, TX 77592Address,-

S/ignature* Date <

\ -tt ~Print Name of Signatory


Heather M. Cork enPrint Name

Fulbright & Jaworski L.L.P.. 1301 McKinnev, Suite 5100. Houston. Texas 77010Print Address

006013



)Respondents )


THE UNDERSIGNED RESPONDENT enters into this First Amendment to the AdministrativeOrder on Consent for Remedial Investigation/Feasibility Study in the matter of CERCLA DocketNo. 06-18-03 relating to the Malone Service Company Superfbnd Site, Texas City, Texas:

FOR RESPONDENT: -^>^



L-Print Name

p.O

Print Address

006014



)Respondents )



FOR RESPONDENT:

Texas Instruments IncorporatedName

7839 Churchill Way, MS 3999, c/o Courtney Rilev, Dallas, Texas 75251Address

Signature Date

Lewis McMahan, Vice PresidentPrint Name of Signatory


Courtney Rilev. Senior CounselPrint Name

7839 Churchill Way. MS 3999. Dallas. Texas 75251Print Address

006015

APPENDIX D

STORM WATER MANAGEMENT SCOPE OF WORK

006016

Storm Water Management Scope of Work

Malone Services Company SuperfundSite

1.0 IntroductionThis Storm Water Management Scope of Work sets forth the requirements for implementation ofstorm water management activities to be conducted pursuant to Paragraph 34 of theAdministrative Order on Consent, Docket No. CERCLA 06-18-03, as amended ("Order").Respondents shall comply with all laws that are applicable when performing the storm watermanagement at the Malone Services Company Superfund Site ("Site"). No local, state, orfederal permit shall be required for any portion of any action conducted on-site where suchaction is selected and carried out in compliance with Section 121 of the ComprehensiveEnvironmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9621. Itis the intent of the Respondents, represented by the Malone Cooperating Parties SteeringCommittee ("Committee") that this scope of work forms the basis for a competitive bid packagefor storm water management services. The Respondents understand that the selected contractormust be mutually acceptable to the Committee and EPA in accordance with the terms of theOrder.

Storm Water management at the Site will include:I. Development of a Storm Water Management Plan ("SWMP") to guide the classification,

conveyance, disposal, reporting, and recording of storm water management incompliance with all applicable regulations,

II. Monitoring of free-board in the various specified units,III. Monitoring and characterizing the storm water quality that accumulates in the various

units and conveyances to determine the appropriate managementIV. Appropriate disposal or discharge of storm water falling on, collecting, or running across

the Site, andV. Development of an Operations and Maintenance Plan to direct any disposal of storm

water by deep well injection or discharge through the outfall or other locations.

The Site is almost completely enclosed by a 15-18 foot high levee or berm. This serves ascontainment for much or all of the Site and, along with internal ditches, directs storm water to acollection sump with a discharge pipe leading to Swan Lake. This discharge pipe, from thecollection sump to Swan Lake, can be closed by a manual valve to retain storm water within thefacility, if desired. Storm water also accumulates in the containment structures around tankswithin soil or concrete levees or retaining walls. Tanks, sumps, separators, and related"containment" may also contain water or aqueous phases that may need to be managed ordisposed of to facilitate sampling and other activities during the RI/FS. Several ponds at the Siteare suspected or known to contain contaminated materials. In particular, the sludgeimpoundment, elevated above ground, is nearly full of organic sludge topped by water. The EPAhas required in the past that specific units (areas) at the Site be monitored routinely. These units

006017

are the 100 (separator), 300 (small tank series), 400 (tank series), 700 (single tank), 800 (tankseries), and 1200 (separator) areas.

The Site includes two deep well injection systems, only one of which is still operational.Although the facility no longer has any active Underground injection Control ("UIC") permitsfrom the Texas Commission on Environmental Quality ("TCEQ"), it does have an active EPAinjection well no migration petition, which has a cessation of injection date of June 16, 2015.Continued use of the deep disposal well for managing impacted ground water and surface waterin compliance with all Applicable or Relevant and Appropriate Requirements ("ARARs") maybe allowed as part of the Superfund response action, after consultation with the State of Texasand the EPA UIC Program. Due to the location and rainfall in the area, it is anticipated thatexcess water will be managed by discharge to Swan Lake to the extent possible based onanalyses for contaminants per the Management Plan. Storm water failing the dischargerequirements would be disposed of by deep well injection. Should water in other ponds orimpoundments or standing water in other areas be contaminated, those waters could becandidates for disposal by deep well injection.

Underground Injection Control regulations (40 CFR 144-148) are Site ARARs. NPDES/TPDESdischarge limits for storm water are also Site ARARS. A permit for discharges to Swan Lake isnot required if the point of discharge is on-site and no discrete means of conveyance is necessaryto carry the water from the Site to the lake.

2.0 Scope of Work

2.1 ActivitiesThe Scope of Work (SOW) includes the following activities (paragraphs):I. Reviews (2.2)II. Permit/Permit Application Review (2.2.1)III. Deep Well Mechanical Integrity Evaluation or Testing (2.2.2)IV. Review of Past or Performance of New Deep Well Integrity Testing (2.2.2)V. Planning (2.3)VI. Storm Water Management Plan (2.3.1)VII. Deep Well Operations and Maintenance Plan (OMP) (2.3.2)VIII. EPA Review of Plans (2.3.3)I.. Storm Water Management Operations (2.4).. EPA Oversight and Support (2.4.1).I. Injection Well System Test (2.4.2).II. Injection Well Operations (2.4.3).III. Record Keeping and Reporting (2.4.4)

2.2 ReviewsReview of both contact and non-contact storm water management procedures appropriate for theMalone Services Superfund Site will be conducted, including activities leading to use of the deepwell injection system and/or to discharge of storm water through the existing discharge sump.

006018

2.2.1 Review Permit(s)Previous permit(s) and permit application(s) will be reviewed for both past storm water permitsat the Site (NPDES/TPDES) and the deep injection wells at the Site. A review of EPA's activeinjection well no migration petition approval conditions will also be performed. This review willestablish the prior permitted bases and limitations of both the storm water discharges and deepwell operations. This information will be used as a basis for developing the Storm WaterManagement Plan.

2.2.2 Mechanical Integrity Evaluation or TestingA mechanical integrity and operability evaluation will be done by a Texas registered professionalengineer ("PE") experienced with pumps, filtration, valves, gauging, and related mechanicaloperations and control equipment. The engineer(s) evaluation will include but not be limited to:I. Piping, elbows, flanges and other piping connectors, piping supportsII. Valves, valve seals, valve mountings and supportsIII. Pumps, pump seals, pump electrical or mechanical connections, lubricant systems,

mountingsIV. Electrical systems,V. Controls systems,VI. Safety systems and operations issues (fire extinguishers, tag outs/lock outs, appropriate

breaker systems, piping corrosion, moving parts guards, chain or belt drives)VII. Separator system, corrosion, integrity, operations capacity, piping connectionsVIII. Filtration system(s), corrosion, filter life, replacement/regeneration, filtration capacity,

piping, seals and closures integrity

As necessary, the engineer will prepare a written evaluation plan including, as needed, activetesting of pumps, seals, valves and valve integrity, filters, piping, flanges, welds, and otheroperational equipment to establish that the equipment, piping, and controls are in safe andoperational condition. As needed, the engineer will carry out the tests and, as appropriate,recommend any modifications or equipment replacements. The PE will certify the mechanicalintegrity of the deep injection well above ground systems.

For Respondents to use the existing well(s) for disposal of the contaminated water, Respondentsmust inspect and evaluate the well(s) for compliance with applicable EPA and TCEQ UICregulations. Prior to any utilization of these wells for contaminated water disposal, writtendocumentation of compliance with UIC regulations regarding integrity of the well(s) andacceptability for use must be obtained by the Respondents.

A qualified engineer and PG geologist/hydrogeologist will evaluate the most recent mechanicalintegrity test or evaluation, if available, for the deep well. The review will evaluate the test dataand intervening well activities to determine the integrity of the deep injection well(s) at the timeof the test. The engineer and geologist will assess any recent indicators of possible problemsduring the intervening period from the last mechanical integrity test by discussions with therecent well operators (e.g., Weston and/or others), a review of their records, and from theirrecollections of operations. The engineer and PG will make an initial determination of whetherthe deep injection well(s) are operable. Their conclusions and basis for conclusions will be

006019

submitted in a report to the EPA for review. Respondents will submit the PE's certification ofthe mechanical integrity (or documentation of the PE's failure to so certify) and the report fromthe qualified engineer and PG geologist/hydrogeologist within twenty (20) days of theamendment of the Order.

2.3 Planning

2.3.1 Storm Water Management PlanThe Respondents shall develop a storm water management plan ("SWMP") for the facilitywithin five (5) days of the amendment of the Order for review and approval by the EPA Region6. Approval of the work plan must be obtained prior to the implementation of the work plan. Ifthe Respondents choose not to do this work themselves, a competent and experiencedengineering or environmental contractor may be retained by the Respondents. EPA reserves theright to review the qualifications of the contractor and concur on the selection of the contractor inaccordance with the terms of the Order. The SWMP may be amended at a later date by mutualagreement of EPA and the Respondents.

Large areas of the facility trap and hold historically non-contaminated or minimallycontaminated surface water from rain or storm events. This water must also be managed tomaintain the integrity of the facility. The Respondents or their contractor must develop andsubmit as part of the SWMP a component to address this type of storm water. The facility has astorm water drain connection to Swan Lake, which was historically used to discharge non-contaminated or minimally contaminated storm water. This drain may be utilized for this type ofstorm water with the approval of EPA and in compliance with applicable EPA and TCEQregulations.

All tank battery, process units, and the above ground sludge impoundment shall be maintainedwith at least one foot of available freeboard capacity. The work plan shall address the methodsand/or process of removal of contaminated water from the above ground sludge impoundmentand Units 100, 300, 400, 700, 800 and 1200 (and all other areas possibly affected bycontaminants) as defined by the attached facility map, to maintain the required minimumfreeboard capacity.

The SWMP will address the overall management of contact and non-contact storm water. TheEPA will review the SWMP for approval or modification in accordance with the terms of theOrder. The SWMP will be the day-to-day guidance for management of storm water at the Site.

The SWMP will include procedures for determining the storm water's characteristics anddetermining how the storm water will be disposed of or discharged in compliance with ARARs.The plan will provide for disposal of investigation-derived wastewater and storm water that mayneed to be disposed of to facilitate the RI/FS (e.g., to access a boring location within a floodedcontainment area).

The basis for developing discharge limits will be ARARs. The SWMP will include a decisiontree flow chart for supporting decisions on the management of a particular storm water based onanalytical results, source area, and similar parameters.

4

006020

The SWMP will include specifications for records that must be kept, including operationalrecords for discharge through the outfall and for the deep well and records of the basis fordecisions to inject or discharge specific waste streams, known or expected contaminants andcontaminant ranges in the waste streams, results of any analytical data specifically generated fordisposal decisions, dates, methods, qualifiers, problem resolutions, and related information onthe storm water characterization. The plan will contain points of contact, analytical resources,and a quality assurance project plan/sampling and analysis plan ("QAPP/SAP") section guidingstorm water management sampling, analytical activities, data qualification, and decision-making.Also included will be any notifications for unintentional releases, matters arising not covered inthe plan, emergency contacts, and related information.

The SWMP will include methods for transporting storm water to the discharge point or thedisposal well system from various locations and sources. It will include guidance on precautionsand monitoring of these transport methods to prevent leakage or spillage during transport,procedures for recording the sources, characteristics and volumes of water transported to thedischarge or deep well injection. The management plan will include quality assurance/qualitycontrol ("QA/QC") and related controls and responses to problems or issues arising fromtransport and discharge or deep well injection of storm water.

All operations discussed in the SWMP must be in compliance with all applicable OSHAregulations. Prior to initiating any operations on the facility, and no later than five (5) days afterthe amendment of the Order, the Respondents or its contractors must develop and submit a healthand safety plan for storm water management activities for review by the EPA, as part of theSWMP or as a separate document. Activities covered will include sampling activities,transport/conveyance activities, and discharge or deep well operation activities, and the plan willaddress water management activities including recommended PPE for various activities, possiblechemical and biological hazards, and similar safety concerns.

2.3.2 Deep Well Operations & Maintenance Plan

In addition to the SWMP, a disposal well Operations & Maintenance Plan ("OMP") will beprepared based on the applicable regulations, the engineer's review, previous Disposal WellOperations & Maintenance manuals, the well integrity evaluation, expected operations, and otherfactors. The OMP will be prepared only if EPA approves the PE's certification of themechanical integrity and a favorable report from the qualified engineer and PGgeologist/hydrogeologist. The Respondents will submit the OMP within thirty (30) days of theEPA approval of the certification and the report from the qualified engineer and PGgeologist/hydrogeologist. This OMP will include a health and safety section discussing safeoperations and procedures for the deep well injection system. This section of the OMP will alsobe included as part of the health and safety plan in the SWMP. This will also address emergencyresponses, notifications, and contacts. The OMP will include instructions on the operation of thewell and associated equipment, operational safety and related issues, maintenance and periodictesting guidance, use limitations, appropriate illustrations or figures, schedules and appendiceswith sources of replacement equipment, services and materials. The OMP will include a "living"

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(updated as needed) list of technical, regulatory and management contacts for the operator(s).The OMP will include any needed forms and also specify the types of operational records thatmust be kept, including parameters such as well operation duration times, volumes of liquidsinjected, rates of injection, pressures at the various monitoring points, incidents or deviationsfrom practice, scheduled maintenance, operator identity, and similar operational records. TheUIC regulations for hazardous waste deep wells require continuous recording devices to monitorthe injection pressure, the injection rate and volume, and the tubing/casing annulus pressure at alltimes whether the well is injecting or shut-in. These same UIC regulations require annualmechanical integrity testing ("MIT") of the well to ensure that it is operating in a manner that isprotective of the environment. The OMP will address how these requirements will be satisfied.

2.33 EPA Review of PlansThe EPA will review and must approve all the plans before implementation by the Respondents.The review process is described in Paragraph 35 of the Order. Upon EPA approval, Respondentshall implement the SWMP and the OMP. All deliverables under this Storm Water ManagementScope of Work are subject to the provisions of Section XIX of the Order, Delay inPerformance/Stipulated Penalties.

2.4 Storm Water Management Operations

2.4.1 EPA Oversight and SupportThe EPA and/or its START II contractor will be available for on-site meetings with theRespondents and/or their contractor to conduct a briefing on the existing infrastructure andoperational components of the injection pump system.

2.4.2 Injection Well System TestFollowing approval of the SWMP and the OMP by the EPA, an injection well system test will bedone with water from the Site or brought to the Site, to test the operations of the well andconfirm the O&M manuals operational approach.

2.4.3 Injection Well OperationsThe deep injection well will only be operated per the EPA-approved Management Plan and theOMP.

2.4.4 Record Keeping and ReportingIf the injection well(s) are selected for use in the disposal of the contaminated water, operation ofthe well(s) must be in compliance with all operational and reporting requirements as defined bythe EPA and TCEQ. All operations will be recorded and reported per the EPA-approved SWMPand the OMP.

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IN THE MATTER OF ) - US Environmental Protection Agency · IN THE MATTER OF )) MaJone Service...

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Transcript of IN THE MATTER OF ) - US Environmental Protection Agency · IN THE MATTER OF )) MaJone Service...