Double Eagle Refinery Co. and Fourth Street Abandoned Refinery Superfund Sites Oklahoma City, Oklahoma

Responsiveness Summary July 30, 2008

This Responsiveness Summary is di vided into the following sections:

Section I. Overview – The Overview Section disc usses the purpose of the public comment period and summarizes the proposed action.

Section II. Summary of Comments – This section briefly summarizes the public’s comments and provides EPA’s responses.

I. OVERVIEW

The United States Environmental Protect ion Agency (EPA) has prepared this Responsiveness Summary for the Double Eagl e Refinery Co. and the Fourth Street Abandoned Refinery Superfund Sites, as part of the process for making a final deletion decision. This Responsiveness Summary docum ents, for the deletion docket, comments rose during the public comment period on EPA's Direct Notices of Intent to Delete these

sites.

EPA's decisions to delete these sites are detailed in the Notices of Intent to Delete dated June 13, 2008, published on the Federal Register at 73 FR 33760 and 73 FR 33758. Pursuant to Section 117 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9617, EPA has considered all comments received during the public comment period in making the fi nal decisions contained now

in the final Notices of Deletion to be published in the Federal Register. This Responsiveness Summary is part of the deletion docket.

EPA uses the Federal Register to convey Noti ces of Deletion to the public, since it is the official daily publication for rules, propos ed rules, and other notices of Federal Departments and Agencies and organizati ons, as well other government documents. Regulations.gov is updated daily by the Nati onal Archives and R ecords Administration using electronic versions of the same Federa l Register documents printed every business day to ensure that regulations open for comment are available for public access.

The EPA published the notices announcing the in tent to delete these sites in the Federal Register on June 13, 2008 (73 FR 33760 a nd 73 FR 33758) and announced a 30-day public comment period. All comments were required to be received by July 14, 2008.

1EPA also published a notice in a major lo cal newspaper of general circulation, The Daily Oklahoman, announcing that the Notices of Intent to Delete were published on June 13, 2008 in the Federal Register and that the public comment period would end on July 14, 2008. Documents containing factual information, data and analysis forming the basis for the decision to delete the sites were provi ded in the Administrative Records available electronically and at the EP A Region 6 Office in Dalla s, Texas, the Oklahoma Department of Environmental Quality in Oklahoma City, Oklahoma, and the local repository located at the Ral ph Ellison Library in Oklahoma City, Oklahoma. Publicly

available docket materials are available electronically at http:www.regulations.gov Docket ID EPA-HQ-SFUND-1989-0008, includi ng the Second Combined Five-Year Review Report for Double Eagle and Fourth St reet Abandoned Refinery Sites, Document ID EP-HQ-SFUND-1989-0008-0063,

II. SUMMARY OF COMMENTS

Written comments were received from one individual via e-mail:

The commenter questioned how EPA can claim there is no significant threat to public health or the environment, and why the sites are considered non-cont roversial. He quotes that many contaminants were mentioned at an Internet website that he visited.

Response:

Information concerning the Double Eagle and Fourth Street Sites submitted by the commenter appears to be outdated. The following information, excerpted from the Second Five Year Review Report dated May 2007 (http://www.epa.gov/earth1r6/6s f/pdffiles/double_eagle_fourt h_street_5yr_review.pdf),

summarizes more recent site actions.

[quoting from the “Remedy Impl ementation” section, pp. 21-24]

Remediation of the Source Control Operable Units

The Remedial action at the Double Eagle Ab andoned Refinery was performed between August 1997 and March 2000. The action involved asbestos abatement and demolition of existing structures at the D ouble Eagle site, which consisted of nine buildings and 59

tanks. Contaminated waste material was neutralized and stabili zed. A total of 44,186 cubic yards of treated waste and contaminat ed waste material exceeding the remedial action goals (RAGs) were transported and disposed off-site at the East Oak Landfill in Oklahoma City, Oklahoma, which was permitted to accept these wastes.

The Remedial Action at the Fourth Street site was performed between March 1995 and April 1996. The action consisted of on-site ne utralization and stabi lization of wastes containing lead and/or acid exceeding the R AGs. A total of 91,200 tons of the treated waste materials were transported and disposed of off-site at the East Oak Landfill in

2Oklahoma City, Oklahoma. This action also in cluded the restoration of areas affected by remedial activities and cleaning and disposing of contaminated equipment and structures.

Remediation of the Ground Water Operable Unit

The Ground Water Operable Unit Remedial Action for the two sites was combined since they share one ground water contaminant plume.

During Phase I of the remedial action borings were advanced, piezometers were installed and a production well that existed on the Double Eagle property was plugged and abandoned. During Phase II additional monito ring wells were inst alled to create a monitoring well network. The Oklahoma Department of Environmental Quality conducted quarterly ground water monitori ng activities between December1996 and April 2000. Semi-annual sampling occurred between September 2000 and September 2003. The investigations that were performe d have shown that natural attenuation is taking place, the potential receptors of targ ets of contamination, the North Canadian River, and deeper usable portions of the Garber-Wellington aquife r, are not at risk at this time. Hence, in 2005, the ODEQ and EPA determined that future monitoring of the ground water of the sites was not warranted.

As shown in the Second Five Year Review Report, hazardous substances present on the Sites when they were placed on the National Pr iorities List (NPL) have been addressed in

removal and remedial actions conducted over th e last several years. Sites are deleted from the NPL when no further action is appr opriate – after constr uction completion and verification that the cleanup goals have in fact been met.

Most recently, in May of 2008, EPA issued an Explanation of Significant Differences

that clarifies the clean closure of these sites as an action level prot ective for industrial or commercial land uses, but not to levels a llowing for unlimited use and unrestricted exposure. Therefore, there was a need to im plement Institutional Controls and Five-Year Reviews. At sites such as these, where haza rdous substances are left in place at levels above those allowing for unlimited use and unrestricted exposure, EPA conducts five year reviews to verify that the response acti ons remain protective of human health and the

environment. While there ar e opportunities for public input in the five year review process, as well as other EPA actions, neither of these sites have generated substantial concerns, comments, or inqui ries in recent years.

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