33724 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 

[FR Doc. 2010–14097 Filed 6–14–10; 8:45 am] 

BILLING CODE 6560–50–C 

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. 

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, 

casanova.rafael@epa.gov. 

• 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 


mstockstill on DSKH9S0YB1PROD with RULESER15JN10.025</GPH>
Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 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; email: casanova.rafael@epa.gov. 

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 copublished 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 

mstockstill on DSKH9S0YB1PROD with RULES

33726 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 

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-ofway 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 heattreated. 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 CanAm 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. CanAm 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 offsite 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 yd3 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 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 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 riskbased levels in the soils included lead. 

The contaminants found above riskbased 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 (yd3) 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 yd3 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 yd3 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 yd3 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 

mstockstill on DSKH9S0YB1PROD with RULES

33728 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 

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 liquidimpacted 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 onsite building and scattered throughout 

the Site; 

• Transportation and disposal (at a 

permitted off-site waste disposal 

facility) of approximately 31,621 yd3 of 

debris (non-hazardous debris, foundry 

sand, and slag) and the asbestoscontaining 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 yd3

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 yd3 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 yd3 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 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 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. 

■ 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 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, Inc ........................................................................................................ Houston ............ P 

* * * * * * * 

(a) * * * 

* P = Sites with partial deletion(s). 

[FR Doc. 2010–14232 Filed 6–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 03–66; RM–10586; FCC 10– 

107] 

Facilitating the Provision of Fixed and 

Mobile Broadband Access, 

Educational and Other Advanced 

Services in the 2150–2162 and 2500– 

2690 MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission modifies the construction 

deadline applicable to new initial 

Broadband Radio Service (BRS) licenses 

granted on or after November 6, 2009. 

Specifically, the Commission permits 

these BRS licensees to demonstrate 

substantial service four years from the 

date of license grant rather than on or 

before May 1, 2011. The Commission 

further modifies the construction rule 

by clarifying that BRS and Educational 

Broadband Service (EBS) licensees may 

demonstrate substantial service by 

meeting one of the safe harbors 

specified in the rule and that they may, 

under certain circumstances, 

demonstrate substantial service by 

combining licenses. Finally, on its own 

motion, the Commission corrects a 

clerical error in its rules governing the 

pre-transition frequency assignments for 

BRS Channel 1. These actions clarify the 

requirements necessary for BRS and 

EBS licensees to demonstrate 

substantial service and ensure that BRS 

licensees of new initial licenses are 

given a reasonable period of time to 

deploy service, while ensuring that 

spectrum is rapidly placed in use. 

DATES: Effective July 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Nancy M. Zaczek, Wireless 

Telecommunications Bureau, 

Broadband Division, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554, at 

(202) 418–0274 or via the Internet to 

Nancy.Zaczek@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Broadband Radio Service/Educational 

Broadband Service Third Report and 

Order (BRS/EBS 3rd R&O), FCC 10–107, 

adopted on June 1, 2010, and released 

on June 3, 2010. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Room CY–A257, 

445 12th Street, SW., Washington, DC 

20554. The complete text may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPI), Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, (202) 488–5300 

mstockstill on DSKH9S0YB1PROD with RULES