UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

IN THE MATTER OF:

Palmer Barge Superfund Site

Port Arthur, Jefferson County, Texas

E. I. du Pont de Nemours and Company;

Texaco Incorporated; Kirby Inland Marine,

LP; Kirby Inland Marine, Inc. of Louisiana;

and Ashland, Inc.

CERCLA DOCKET NO. 06-05-02

ADMINISTRATIVE ORDER

ON CONSENT FOR RI/FS

Proceeding under Sections 104,122(a), and

122(dX3) of the Comprehensive

Environmental Response, Compensation

and Liability Act, 42 U.S.C. §§ 9604,

9622(a),and9622(d)(3)

Respondents

I.

n.

HI.

IV.

V.

VI.

vn.

vra.

IX.

TABLE OF CONTENTS

INTRODUCTION ......; I

JURISDICTION 1

PARTIES BOUND .2

STATEMENT OF PURPOSE. „. 2

DEFINITIONS

FINDINGS OF FACT

CONCLUSIONS OF LAW AND DETERMINATIONS 7

NOTICE 7

WORK TO BE PERFORMED 7

Designation of Contractor.... 7

EPA Review of Submissions 8

151829
Work 10

X. BASELINE RISK ASSESSMENT 10

XI. MODIFICATION OF THE WORK PLAN 10

XII. QUALITY ASSURANCE 11

XIII. FINAL RI/FS. PROPOSED PLAN. PUBLIC COMMENT.

RECORD OF DECISION, ADMINISTRATIVE RECORD 12

XIV. PROGRESS REPORTS AND MEETINGS .13

XV. SAMPLING. ACCESS, AND DATA AVAILABILITY/ADMISSIBIL1TY 13

XVI. DESIGNATION OF PROJECT COORDINATOR AND RPM .15

XVII. OTHER APPLICABLE LAWS 16

XVffl. RETENTION OF RECORDS 16

XK. DISPUTE RESOLUTION 17

XX. DELAY IN PERFORMANCE/STIPULATED PENALTIES 17

XXI. FORCE MAJEURE 20

XXH. REIMBURSEMENT OF RESPONSE COSTS 21

XXin. SPECIAL ACCOUNT FOR RESPONSE COSTS 22

XXIV. RESERVATION OF RIGHTS AND REIMBURSEMENT OF

OI rlbix. HJ o i iS 2.J

XXV. DISCLAIMER 25

XXVI. OTHER CLAIMS 26

XXVII. FINANCIAL ASSURANCE. INSURANCE, AND INDEMNIFICATION .... 26

XXVHI. SETTLING PARTIES WAIVER OF CLAIMS AGAINST

CERTAIN PARTIES 28

11
XXDC. EFFECTIVE DATE AND SUBSEQUENT MODIFICATION 29

XXX. TERMINATION AND SATISFACTION 29

ATTACHMENT 1 - STATEMENT OF WORK FOR PALMER BARGE SUPERFUND SITE

ATTACHMENT 2 - MAP OF PALMER BARGE SUPERFUND SITE

in
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

IN THE MATTER OF: ) CERCLA DOCKET NO. 6-05-02

)

Palmer Barge Superfund Site ) ADMINISTRATIVE ORDER

Port Arthur, Jefferson County, Texas ) ON CONSENT FOR RI/FS

)

) Proceeding under Sections 104, 122(a), and

E. I. du Pont de Nemours and Company; ) 122(d)(3) of the Comprehensive

Texaco Incorporated; Kirby Inland Marine, ) Environmental Response, Compensation

LP; Kirby Inland Marine, Inc. of Louisiana; ) and Liability Act, 42 U.S.C. §§ 9604,

and Ashland, Inc. ) 9622(a), and 9622(dX3)

Respondents

ADMINISTRATIVE ORDER ON CONSENT FOR

REMEDIAL INVESTIGATION/FEASIBILITY STUDY

I. INTRODUCTION

1. This Administrative Order on Consent ("Order") is entered into voluntarily by the

U.S. Environmental Protection Agency ('EPA"), and the Respondents, E.I. du Pont de Nemours

and Company et al. ("Respondents"). Under this Order, the Respondents shall prepare and

perform a remedial investigation and feasibility study ("RI/FS") for the Palmer Barge Superfund

Site located near the City of Port Arthur, Jefferson County, Texas (the "Site") including the

Baseline Risk Assessment. Under this Order, Respondents shall also reimburse the United States

for all response costs including without limitation indirect costs and oversight costs incurred in

connection with the RI/FS.

H. JURISDICTION

2. This Order is issued under the authority vested in the President of the United

States by sections 104,122(a), and 122(dX3) of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended, 42 U.S.C. Sections 9604,9622(a), 9622(dX3)

(CERCLA). This authority was delegated to the Administrator of EPA on January 23,1987, by

Executive Order 12580,52 Fed. Reg. 2926 (1987); further delegated to Regional Administrators

by EPA Delegation No. 14-14-C (September 13,1987); and redelegated by the Regional

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Administrator to the Director, Superfund Division, by EPA Delegation No. R6-14-14-C (August

4,1995).

3. Respondents agree to undertake the requirements of this Order including without

limitation the work. In any action by EPA or the United States to enforce the terms of this Order,

Respondents consent to and agree not to contest the authority or jurisdiction of EPA to issue or

enforce this Order, and agree not to contest the validity of this Order or its terms.

in. PARTIES BOUND

4. This Order applies to and is binding upon EPA and upon Respondents, their

agents, successors, assigns, officers, directors and principals. Respondents are responsible for

carrying out all the requirements of this Order. The signatories to this Order certify that they are

authorized to execute this Order and legally bind the parties they represent to this Order. Any

change hi the ownership or corporate status of Respondents, including any transfer of assets, will

not alter Respondents' responsibilities under this Order. Respondents are jointly and severally

liable for carrying out all the requirements of this Order. Compliance or noncompliance by one

or more Respondents with any requirement of this Order shall not excuse or justify

noncompliance by any other Respondents).

5. Respondents shall provide a copy of this Order to any subsequent owners or

successors before ownership rights or stock or assets in a corporate acquisition are transferred.

Respondents shall provide a copy of this Order to all contractors, subcontractors, laboratories,

and consultants retained to conduct any work performed under this Order, within fourteen days

after the effective date of this Order or the date of retaining their services, whichever is later.

Respondents shall condition all such contracts upon satisfactory compliance with this Order.

Notwithstanding the terms of any contract, Respondents are responsible for compliance with this

Order and for ensuring that their subsidiaries, employees, contractors, consultants,

subcontractors, agents and attorneys comply with this Order.

IV. STATEMENT OF PURPOSE

6. In entering into this Order, the objectives of EPA and Respondents are as follows:

(a) to determine the nature and extent of contamination and any threat to the public health,

welfare, or the environment caused by the release or threatened release of hazardous substances,

pollutants or contaminants at or from Palmer Barge, by conducting a remedial investigation; and

(b) to determine and evaluate alternatives for remedial action to prevent, mitigate or otherwise

respond to or remedy any release or threatened release of hazardous substances, pollutants, or

contaminants at or from the Palmer Barge Superfund Site that presents a threat to the public

health, welfare or the environment, by conducting a feasibility study.

7. Respondents' work conducted under this Order is subject to approval by EPA.

Respondents shall provide all information that EPA requires, in order for Respondents to develop

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a RI/FS that is consistent with CERCLA and the National Contingency Plan (NCP), 40 C.F.R.

Part 300. Respondents shall conduct all requirements of this order in accordance with EPA

guidance documents, policies, and procedures that the Remedial Project Manager (RPM)

identifies as applicable, unless otherwise directed by said RPM in writing.

V. DEFINITIONS

8. Unless otherwise expressly provided in this Order, terms used in this Order that

are defined in CERCLA or in regulations promulgated under it will have the meaning assigned to

them in CERCLA or the regulations. Whenever terms listed below are used in this Order, the

following definitions apply:

"ARARs" means all applicable local, state, and Federal laws and regulations, and

all "applicable requirements" or "relevant and appropriate requirements" as defined at 40

CFR § 300.5 and 42 U.S.C. § 9621(d).

"CERCLA" means the Comprehensive Environmental Response, Compensation,

and Liability Act, as amended, 42 U.S.C. §§ 9601 to 9675.

"Day" means a calendar day unless expressly stated to be a business or working

day. In computing any period of time under this Order, where the last day would fall on a

Saturday, Sunday, or Federal holiday, the period runs until the end of the next day that is

not a Saturday, Sunday, or Federal holiday.

"Deliverable" means any action, activity, task, or submission required to be done

by Respondent under this Order. A deliverable is work.

"EPA" means the United States Environmental Protection Agency.

"National Contingency Plan" or "NCP" means the National Oil and Hazardous

Substances Pollution Contingency Plan promulgated under Section 105 of CERCLA, 42

U.S.C. § 9605, codified at 40 C.F JL Part 300, including any amendments.

"Order" means this document, the Statement of Work, and all documents

incorporated by reference into this document including without limitation EPA-approved

submissions. EPA-approved submissions (other than progress reports) are incorporated

into and become a part of the Order upon approval by EPA.

"Palmer Barge Special Account" shall mean the special account established for

this Site pursuant to Section 122(bX3) of CERCLA, 42 U.S.C. §9622(bX3), and this

Order.

"Paragraph" means a portion of this Order identified by an Arabic numeral.

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References to paragraphs in the Statement of Work (SOW) will be so identified (for

example, "SOW paragraph 15")

"Performance Standards" shall mean those cleanup standards, work standards,

standards of control, criteria, or limitations identified in this Order including without

limitation the Statement of Work and also including without limitation submissions

which are approved by EPA in writing. EPA will use the Performance Standards to

determine whether the work required by the Order has been completed. Except where it

is inconsistent with this Order, as specified by the RPM in writing, the RI/FS Guidance

and the other EPA guidance documents cited in the Order are included among the

Performance Standards.

"Requirements of this Order" or a similar term means: payments that Respondents

are to make under this Order, work mat Respondents are to perform under this Order,

scheduled deadlines that Respondents are to meet under this Order including without

limitation deadlines in schedules in EPA-approved submissions, performance standards,

and any other obligation of Respondents under this Order. It is a violation of this Order

for Respondents to fail to complete or meet a requirement of this Order.

"Respondents" means E. I. du Pont de Nemours and Company; Ashland, Inc.;

Kirby Inland Marine, LP; Kirby Inland Marine, hie. of Louisiana; and Texaco

Incorporated.

"Response Costs" shall mean all costs, including, but not limited to, direct costs,

indirect costs, and accrued interest paid by the EPA in order to perform or support

response actions at the Site. Response costs include, but are not limited to, oversight

costs, cleanup costs, enforcement costs, and legal costs.

"Section" means a portion of this Order identified by a Roman numeral and •

includes one or more paragraphs. References to sections in the SOW will be so

identified; for example, as "SOW Section V."

"Site" means the Palmer Barge Superfund Site. The Site is located in, or near the

City of Port Arthur, Jefferson County, Texas.

"State" means the State of Texas.

"Statement of Work" or "SOW" means the Statement of Work for the

development of a RI/FS for the Palmer Barge Superfund Site, as set forth in Attachment 1

to this Order. The Statement of Work is incorporated into this Order and is an

enforceable part of this Order.

•Submission" means any written materials Respondents are required to produce

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under this Order, including correspondence, memoranda, notifications, plans, reports,

specifications, and schedules. A submission is a deliverable. Submissions include

without limitation work plans and the schedules therein. Once a submission (other than a

monthly progress report) is approved in writing by EPA, the submission is incorporated

into this Order and becomes an enforceable part of this Order.

"TNRCC" shall mean the Texas Natural Resource and Conservation Commission.

"Work" means all activities Respondents are required to perform under this Order.

Work Includes but is not limited to deliverables.

"Work plan" means a plan, to be developed by Respondents for EPA review and

approval, that includes schedules for and descriptions of work that Respondents shall

undertake under this Order, and which fulfills the intents of the Statement of Work.

VL FINDINGS OF FACT

9. The Palmer Barge Superfund Site is located near the City of Port Arthur, Jefferson

County, Texas. The Site encompasses approximately 17 acres and is located on the Southeast

Industrial Islet, approximately 4.5 miles east-northeast of the City of Port Arthur, Jefferson

County, Texas, and 0.5 miles southwest of the confluence of the Neches River and the SabineNeches Canal. It is bordered to the south by the State Marine Superfund Site and to the east by

Sabine Lake.

10. The property at the Site was used as a municipal landfill from 1956 until 1982, when

Palmer Barge Line, Inc., purchased it for use as a marine vessel service and maintenance facility.

Primary operations at the Palmer Barge Line facility included cleaning, de-gassing,

maintenance, and inspection of barges and other marine equipment

11. Typical cleaning operations at the Site included the removal of sludge and other

residual material by pressure steaming the vessel holds, engines, and boilers. Engines were degreased and thick accumulations were cut from the holds, making removal of residual material

easier. De-gassing activities involved the removal of explosive vapors from the barge hold. A

flare was used to burn excess gasses and liquids produced during facility operations.

12. Structures located on the Site included dozens of various-sized steel above-ground

storage tanks (ASTs), an oil-water separator, two mixed fuel boilers, two wastewater treatment

tanks, and several open-top slop tanks, roll-off boxes, and 55-gallon drums.

13. During an inspection conducted by the TNRCC in 1996, it was found that numerous

compounds not represented on Palmer Barge Line's permits had been serviced at the facility

without proper notification of the TNRCC.

14. TNRCC also noted at the time, violations for construction of tanks and other

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equipment without proper approval, and the presence of large areas of waste oil-contaminated

soils, breached retention berms and stressed vegetation.

15. Hazardous substances have been released at the Site. Samples collected from Site's

tanks and soils by the EPA and the TNRCC in 1999 were shown to contain the metals antimony,

arsenic, cadmium, chromium, cobalt, copper, lead, mercury, nickel and zinc, all of which are

hazardous substances under CERCLA Section 102(a)

16. These same investigations also suggested the presence of pesticides and other organic

compounds, including potycyclic aromatic hydrocarbons (PAHs), pentachlorophenol (PGP), and

benzene.

17. The topography of the Site is such mat surface water run-off drains in an easterly

direction, across the facility to the barge landing where it enters into Sabine Lake.

18. Sediment samples collected from Sabine Lake in 1999 documented the apparent fact

that such hazardous substances such as chromium, cobalt, lead, nickel and zinc are present in

certain sediments. The presence of these hazardous substances in the sediments appear to be

attributable to the Site.

19. Sabine Lake is an estuary that is used as a commercial and recreational fishery.

20. Because Lake Sabine is used as a fishery, the hazardous substances present in the

sediments may pose a potential threat to human health and the environment.

21. The habitats of four federally-listed endangered species, the bald eagle, the black rail,

the gulf saltmarsh snake, and the Texas diamondback terrapin, as well as the state-listed

threatened American swallow-tailed kite, are also found near the Site.

22. In addition, the Sabine National Wildlife Refuge, the Sydney Island and Dooms

Island bird rookeries, and 13 miles of wetland frontage are located within 15 miles of the Palmer

Barge Line Superfund Site.

23. The release of hazardous substances into the immediate area could pose a potentially

long term harm to the existing eco-systems.

24. The Site was placed on the NPL July 27,2000.

25. There is an actual or threatened release of hazardous substances, pollutants or

contaminants from this Site that may present an imminent and substantial endangerment to the

public health, welfare, and/or environment.

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VII. CONCLUSIONS OF LAW AND DETERMINATIONS

26. Based on the Findings of Fact set forth above, EPA has determined that:

To the extent practicable, the response action required in this Order will

contribute to the efficient performance of any long term remedial action with

respect to the release or threatened release concerned, as required by Section

104(aX2) of CERCLA, 42 U.S.C. § 9604(aX2).

1. The information available to EPA at the time of the issuance of this Order

indicates that the Pre-ROD Actions required in this Order will be

done properly and promptly by the parties who have agreed to this

Order, in accordance with Sections 106 and 122 (a) of CERCLA,

42 U.S.C. §§ 9606 and 9622(a).

2. The Site may present an imminent and substantial endangerment to the

public health or welfare or the environment because of an actual or

threatened release of hazardous substances from the Site.

3. The actions required by this Order are necessary to protect the public

health or welfare or the environment, are in the public interest, and

will expedite effective remedial action and minimize litigation, in

accordance with Sections 106 and 122(a) of CERCLA, 42 U.S.C.

§§9606 and 9622(a).

4. Activities conducted in compliance with this Order are consistent with

CERCLA and the NCP.'

vm. NOTICE

27. By providing a copy of this Order to the State, EPA is notifying the State that this

Order is being issued and that EPA is the lead agency for coordinating, overseeing, and enforcing

the response action required by the Order.

IX. WORK TO BE PERFORMED

Based upon the foregoing Findings of Fact, Conclusions of Law, Determinations, and the

Administrative Record for this Site, it is hereby ordered and agreed that Respondents shall

comply with the following provisions including, but not limited to, all attachments to this Order

and all documents incorporated by reference into this Order, and Respondents shall perform the

following actions:

Designation of Contractor

28. All work performed under this Order shall be under the direction and supervision

of qualified personnel. The qualifications of the persons undertaking the work for Respondents

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shall be subject to EPA's review, for verification that such persons meet technical background

and experience requirements. This Order is contingent on Respondents' demonstration to EPA's

satisfaction that Respondents or their contractors are qualified to perform properly and promptly

the work set forth in this Order. Respondents shall perform the work themselves or retain

contractors to perform the work. Respondents shall notify EPA of Respondents' qualifications or

the names and qualifications of such contractors within five business days of the effective date of

this Order. Respondents shall also notify EPA of the names and qualifications of any other

contractors or subcontractors retained to perform the work under this Order at least five days

prior to commencement of such work. EPA retains the right to, at any time, disapprove of any,

or all, of the contractors and/or subcontractors retained by the Respondents, or of Respondents'

choice of themselves to do the Removal Action, if the EPA determines such contractors and/or

subcontractors are not qualified. If EPA disapproves of a selected contractor or disapproves of

the Respondents, Respondents shall retain a different contractor or notify EPA that they will

perform the work themselves (if Respondents have not already been disapproved by EPA) within

thirty business days following EPA's disapproval and shall notify EPA of that contractor's name

and qualifications, or notify EPA of Respondents' qualifications (if Respondents have not already

been disapproved) within thirty business days of EPA's disapproval. If EPA subsequently

disapproves of the replacements, or if EPA determines at any time that the Respondents or their

contractors will not properly and promptly perform the work, EPA reserves the right to terminate

this Order and to conduct & complete RI/FS, and to seek reimbursement for costs and penalties

from Respondents. During the course of the RI/FS, Respondents shall notify EPA in writing of

any changes or additions in the personnel used to carry out the work, providing their names,

titles, and qualifications. EPA shall have the same right to disapprove changes and additions to

personnel as it has hereunder regarding the initial notification.

29. Within thirty business days after the effective date of this Order, Respondents shall

designate a Quality Assurance Official ("QAO"), independent of any work project contractor,

and independent of the Project Coordinator, to conduct a quality assurance program during the

Respondents' implementation of the work. The QAO may come from the Respondents' own

staffs, from a contractor's organization, or from a private consulting entity. Respondents shall

submit the designated QAO's name, address, telephone number, and qualifications to EPA. EPA

retains the right to, at any time, disapprove of any QAO named by the Respondents, if the EPA

determines such contractors and/or subcontractors are not qualified. If EPA disapproves of a

selected QAO, Respondents shall retain a different QAO and shall notify EPA of that person's

name, address, telephone number, and qualifications within five business days following EPA's

disapproval.

EPA review of submissions

30. In all instances in which this Order requires a submission of any kind (other than

monthly progress reports described in Section XTV(Progress Reports and Meetings), Paragraph

49), from Respondents to EPA, the submission must be accompanied by the following

certification signed by an authorized representative of each of the Respondents:

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"I certify that the information contained in or accompanying this submission is

true, accurate and complete. As to those identified portions of this submission for which I cannot

personally verify the truth and accuracy, I certify as the official having supervisory responsibility

for the person(s) who, acting under my direct instructions, made the verification, that this

information is true, accurate, and complete."

31. EPA may ask others, who are not parties to this Order, to voluntarily provide

remarks to EPA regarding any of Respondents' submissions. Such remarks are for EPA's

information only, and have no other effect under this Order. Upon EPA's request, Respondents

shall provide copies of any of Respondents' submissions to persons identified by EPA.

32. After review of any submission, EPA may: (a) approve the submission; (b)

approve the submission with modifications required by EPA; (c) disapprove the submission and

direct Respondents to resubmit the submission after incorporating EPA's modifications; or (d)

disapprove the submission and assume responsibility for performing all or any part of the work.

As used in this Order, including, but not limited to the SOW, the terms "approved by EPA,"

"approval by EPA," "EPA approval," or a similar term means the action described in (a) or (b) of

this paragraph. Once approved by EPA in writing, as described in (a) or (b) of this paragraph, a

submission shall be fully enforceable under this Order.

33. Failure of EPA to comment on, modify, approve, or disapprove Respondent's

submissions within 30 days of submission will constitute approval by EPA, and the EPA shall

seek no penalties or other relief relating to such submission. Comments or suggestions do not

constitute disapproval unless explicitly so stated.

34. In the event of approval by EPA, Respondents shall proceed to take any action

required by the submission. EPA may approve part of a submission, and notwithstanding any

EPA notice of disapproval regarding other parts of a submission, Respondents shall proceed, at

the written direction of EPA, to take any action required by any EPA-approved portion of the

submission.

35. Upon receipt of a request for a modification under "(b)" of Paragraph 32 or a

notice of disapproval under "(c)* of Paragraph 32, Respondents shall, within fourteen business

days or other longer time as specified by EPA in its notice of disapproval or request for

modification, correct the EPA-identified deficiencies and resubmit the submission for approval.

36. Respondents are in violation of this Order if EPA disapproves a submission under

"(c)"or "(d)" of Paragraph 32. However, notwithstanding any other part of this Order, stipulated

penalties do not begin to accrue on a submission that is disapproved by EPA under "(c)" of

Paragraph 32 until the time EPA notifies the Respondents in writing that the submission in

question is still deficient after the submission has been resubmitted as described in Paragraph 35,

unless Respondents fail to resubmit the submission within the time period described in Paragraph

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35 in which case stipulated penalties begin to run after the 14-day period has expired.

Work

37. Respondents shall perform the work described in this Order including without

limitation the Statement of Work (Attachment 1) and any EPA-approved submissions. The work

shall focus on hazardous substances attributable to the Palmer Barge operation, as distinct from

the former municipal landfill.

X. BASELINE RISK ASSESSMENT

38. The Respondents shall perform a base line risk assessment, which is part of the

Remedial Investigation. The major components of the baseline risk assessment include

contaminant identification, exposure assessment, toxicity assessment, and human health and

ecological risk characterization. Gathering this information allows the Respondents to then

prepare a draft for the Feasibility Study. The Respondents then will provide this information in

two draft baseline risk assessment memoranda. One such draft memorandum will generally

include a list of the chemicals of concern for human health and ecological effects, and the

corresponding toxicity values. The other such draft memorandum shall list the current and

potential future exposure scenarios, exposure assumptions, and exposure point concentrations

that the Respondents intend to use in the baseline risk assessment.

39. The Respondents shall prepare a baseline risk assessment report based on data

collected during the site characterization. This report will be released to the public, at the same

time that the Respondents release the final Remedial Investigation Report Both of these

documents will be placed in the Administrative Record for this Site.

40. EPA will respond to all significant comments on the memoranda or the baseline

risk assessment that are submitted during the formal comment period on the Proposed Plan, in

the Responsiveness Summary of the Record of Decision in a manner consistent with 40 CFR §

300.430(f)(3).

XL MODIFICATION OF THE WORK PLAN

41. If at any time during the implementation of this Order Respondents identify a

need to change the Work Plan, Respondents shall submit a written proposal to EPA within 20

days of identification. In the proposal, the Respondents shall identify specific changes, additions

or deletions to relevant EPA-approved plans, and describe necessary schedule modifications.

After review of any proposal, EPA may: (a) approve the proposal; (b) approve the submission

with modifications required by EPA; or (c) disapprove the proposal. If EPA approves the

proposal or approves the proposal with modifications and Respondents make those modifications

to EPA's satisfaction, then the proposal shall become final and it shall be an enforceable part of

this Order.

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42. If EPA determines that, in addition to the work defined in the EPA-approved

work plan, other work is necessary to complete the RI/FS, EPA will notify the Respondents in

writing. EPA may require that Respondents perform this additional work in addition to the work

required by the work plan that was initially approved by EPA, including any approved

modifications, if EPA determines that such work is necessary for a complete RI/FS.

Respondents shall confirm their willingness to perform the additional work in writing to EPA

within seven business days of their receipt of the EPA notice, or Respondents may invoke

dispute resolution. If Respondents are willing to complete the additional work, or are required to

do the additional work after dispute resolution, they shall, within 30 days of EPA's notice or

within 30 days of the conclusion of dispute resolution, submit a work plan for the additional

work to EPA for EPA review and approval. Once EPA has approved this work plan for the

additional work under the provisions of Paragraph 32, the Respondents shall perform the

additional work according to the schedules and performance standards described in the EPAapproved work plan, subject to the dispute resolution provisions of this Order. The EPAapproved work plan for the additional work shall be an enforceable part of this Order. EPA

reserves the right to conduct the work itself at any point, to seek reimbursement from

Respondents, and/or to seek any other appropriate relief.

XH. QUALITY ASSURANCE

43. Respondents shall ensure that all sampling and analysis that Respondents perform

pursuant to this Order conform to an EPA-approved quality assurance project plan (QAPP) that

Respondents shall develop under the SOW. Respondents shall ensure that all sampling and

analysis that Respondents perform pursuant to this Order conform to EPA guidance documents

regarding sampling and analysis, quality assurance and quality control (QA/QC), data validation,

and chain of custody procedures including without limitation: "Quality Assurance/Quality

Control Guidance for Removal Activities: Sampling QA/QC Plan and Data Validation

Procedures," OSWER Directive Number 9360.4-01; "Environmental Response Team Standard

Operating Procedures," OSWER Directive Numbers 9360.4-02 through 9360.4-08; "Data

Quality Objectives for Remedial Response Actions," EPA 540/G-87/003a, OSWER Directive

Number 9335.0-7b; and any other guidance document identified in the SOW or in any EPAapproved submission. Respondents must ensure that field personnel used by Respondents are

properly trained in the use of field equipment and in chain of custody procedures.

44. To provide quality assurance and maintain quality control regarding all samples

collected pursuant to this Order, Respondents shall:

(a) Ensure that all contracts with laboratories utilized by Respondents for

analysis of samples taken in accordance with this Order provide for access

of EPA personnel and EPA authorized representatives.

(b) Ensure that all laboratories utilized by Respondents for analysis of

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samples taken in accordance with this Order perform analyses according to

EPA methods or alternative methods satisfactory to EPA.

(c) Ensure that all laboratories utilized by Respondents for analysis of

samples taken in accordance with this Order participate in an EPA or

EPA-approved QA/QC program. Respondents shall ensure that, as part of

the QA/QC program and upon request by EPA, such laboratories shall

perform, at no expense to EPA, analyses of samples provided by EPA to

demonstrate the quality of each laboratory's data.

XIH. FINAL RI/FS, PROPOSED PLAN, PUBLIC COMMENT,

RECORD OF DECISION, ADMINISTRATIVE RECORD

45. EPA retains the responsibility for the approval and release to the public of the

RI/FS report EPA retains responsibility for the preparation and release to the public of the

proposed plan and record of decision in accordance with CERCLA and the NCP.

46. EPA will provide Respondents with copies of the final RI/FS report, proposed

plan and record of decision.

47. The EPA will determine the contents of and compile the administrative record

file for selection of the remedial action. In addition to any submissions required by the Order

including without limitation submissions required by the SOW or submissions required by EPAapproved submissions, Respondents shall submit to EPA for possible inclusion in the

administrative record other incidental documents developed during the course of the RI/FS upon

which selection of the response action may be based. Respondents shall submit these other

incidental documents to EPA within ten business days of the completion of such documents

unless an EPA-approved submission requires Respondents to submit such other incidental

documents at a different time in which case the schedule in the EPA-approved submission is

dispositive. These other incidental documents include without limitation task memoranda for

further action, quality assurance memoranda and audits, raw data, field notes, chain-of-custody

forms, and laboratory analytical reports. Respondents shall also submit, within 14 business days

of the effective date of this Order, any studies in their possession that predate the effective date

of this Order, conducted by state, local or other federal authorities, relating to selection of the

response action. Respondents shall also submit, within seven business days of the date such

documents are created, all documents relating to communications between Respondents and

state, local or other federal authorities concerning selection of the response action. Within 30

days of Respondents' receipt of EPA's written notice, Respondents shall establish a community

information repository at or near the Site to house one copy of the administrative record file for

the Site including without limitation the administrative record file for the Site. Respondents

shall ensure that the repository has adequate lighting, is heated and air-conditioned, and that it

includes desks and chairs at which the administrative record may be reviewed. Respondents

shall ensure that the repository includes a copier at which the administrative record file may be

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copied.

XIV. PROGRESS REPORTS AND MEETINGS

48. Upon 14 business days prior written notice from EPA, Respondents shall make

presentations at, and participate in, meetings at the request of EPA. Respondents shall prepare

presentations regarding topics that include without limitation technical aspects of the RI/FS.

Meetings will be scheduled at EPA's discretion.

49. Respondents shall submit a written progress report to EPA concerning actions

undertaken pursuant to this Order monthly after the effective date of this Order until termination

of this Order, unless otherwise directed by the RPM in writing. Respondents shall include the

following in these reports: (a) descriptions of all significant developments that took place during

the reporting period, including the work performed and any problems encountered, (b) a list that

indicates the percent of completion for each RI/FS task described in the SOW, (c) results of

sampling and tests and all other data received by Respondents, (d) an index of raw data collected

during the reporting period, (e) developments anticipated during the next reporting period,

Including a schedule of work to be performed, anticipated problems, and planned resolutions of

past or anticipated problems.

XV. SAMPLING, ACCESS, AND DATA AVAILABILITY/ADMISSIBELITY

50. EPA will make available to Respondents validated data generated by EPA in

accordance with this Order unless the data are exempt from disclosure under any federal or state

law or regulation.

51. Respondents shall orally notify EPA at least 15 days before conducting field

work including without limitation any sampling. At EPA's oral or written request, Respondents

shall allow split or duplicate samples to be taken by EPA (and EPA's authorized representatives)

of any samples collected by Respondents in implementing this Order.

52. If any property to which access is necessary to undertake the work called for in

this Order (including without limitation EPA-approved submissions) is owned by parties

(including without limitation Indians) other than Respondents, Respondents shall obtain, or use

their best efforts to obtain, written access agreements that provide access to that property, within

30 days of the effective date of this Order. Such agreements must provide access for EPA, its

contractors and oversight officials, the TNRCC and its contractors, and the Respondents and

their authorized representatives, and such agreements must specify that Respondents are not

EPA's representative with respect to liability associated with work undertaken under this Order

or otherwise. Respondents shall provide a copy of the pertinent access agreement to EPA before

Respondents' initiation of field work on any property that is the subject of an access agreement.

Respondents' best efforts include providing reasonable compensation for access. If any access

agreements are not obtained within 30 days of the effective date, Respondents shall immediately

Page 13 of 40
notify EPA of their failure to obtain access. If Respondents cannot obtain an access agreement to

a piece of property where work is to be completed under this Order, EPA may obtain access for

Respondents, or EPA may obtain access for itself and perform the work that was to take place on

the property in question, or EPA may terminate the Order. If EPA performs the work that was to

take place on the property to which Respondents were not able to obtain access, Respondents

shall reimburse EPA for all costs paid by EPA in performing such work under the provisions of

Section XXII (Reimbursement of Response Costs) and Section XXIII (Special Account for

Response Costs). Respondents additionally must integrate the results of any such work

undertaken by EPA into Respondents' deliverables including without limitation submissions.

Furthermore, Respondents shall indemnify the United States as specified in Section XXVII of

this Order. In accordance with Section XXII (Reimbursement of Response Costs), Respondents

also must reimburse EPA for all costs and attorney fees incurred by the United States to obtain

access for Respondents.

53. At all reasonable times, Respondents shall provide access for EPA, its contractors

and oversight officials, and the TNRCC and its contractors, at all property where Respondents or

their agents and contractors perform work required by this Order, and this access shall allow

EPA, its contractors and oversight officials, and the TNRCC and its contractors to enter and

freely move about for purposes which include without limitation the following: (a) inspecting

conditions, work, records, operating logs, and contracts related to the Site or Respondents and

their contractors; (b) reviewing the progress of Respondents hi carrying out the work under the

terms of this Order; (c) conducting tests as EPA or its contractors and oversight officials deem

necessary; (d) using a camera, sound recording device or other documentary type equipment; and

(e) verifying the data submitted to EPA by the Respondents. Respondents shall allow EPA, its

contractors and oversight officials, and the TNRCC and its contractors to inspect and copy all

documents and information including without limitation records, files, photographs, sampling

and monitoring data, and other writings related to work required by this Order. Nothing in this

Order limits or affects EPA's right of entry or inspection authority under federal law. All parties

with access to the Site under this paragraph must comply with all EPA-approved health and

safety plans.

54. The Respondents may assert a claim of business confidentiality covering part or

all of the information submitted to EPA in accordance with the terms of this Order, under 40

CFR Section 2.203, provided Respondents' claim is allowed by Section 104(eX7) of CERCLA,

42 U.S.C. § 9604(e)(7). Respondents must assert any such claim hi the manner described by 40

CFR Section 2.203(b), and Respondents must substantiate their claim at the time the claim is

made. Information determined to be confidential by EPA will be given the protection specified

in 40 CFR Part 2. If no such claim accompanies the information when it is submitted to EPA, it

may be made available to the public by EPA or the TNRCC without further notice to

Respondents. Respondents agree not to assert confidentiality claims with respect to any data

related to Site conditions, sampling, or monitoring.

55. In entering into this Order, Respondents agree not to object to any data gathered,

Page 14 of 40
generated, or evaluated by EPA, by the TNRCC or by Respondents in the performance or

oversight of the work, if the data has been verified according to the quality assurance/quality

control (QA/QC) procedures required by the Order including without limitation any EPAapproved submissions such as work plans or sampling and analysis plans. If Respondents object

to any other data relating to the RI/FS, Respondents must submit to EPA a report that identifies

and explains their objections, describes all acceptable uses of the data, and identifies any

limitations to the use of the data. The report must be submitted to EPA within 15 days of the

monthly progress report containing the data.

XVI. DESIGNATION OF PROJECT COORDINATOR AND RPM

56. Within five business days after the effective date of this Order, the Respondents

shall designate one Project Coordinator who shall be responsible for administration of all the

Respondents' work. Respondents shall submit the designated coordinator's name, address,

telephone number, and qualifications to EPA. To the greatest extent possible, the Project

Coordinator shall be present on the Site or readily available during work on said Site. EPA

retains the right to, at any time, disapprove of any Project Coordinator named by the

Respondents. If EPA disapproves of a selected Project Coordinator, Respondents shall retain a

different Project Coordinator and shall notify EPA of that person's name, address, telephone

number, and qualifications within five business days following EPA's disapproval. Receipt by

Respondents' Project Coordinator of any notice or communication from EPA relating to this

Order shall constitute receipt by Respondents.

57. Respondents shall have the right, subject to the immediately preceding paragraph,

to change their designated Project Coordinator. Respondents shall notify EPA, five business

days before such a change is made. The initial notification of a change in Respondents' Project

Coordinator may be orally made, but it shall be promptly followed by a written notice.

58. The EPA has designated Mr. William Rhotenberry of the EPA Region 6

Superfund Division, as its Remedial Project Manager ("RPM"). EPA's RPMs have the authority

lawfully vested in a RPM and On-Scene Coordinator (OSC) by the NCP. In addition, the RPM

has the authority, consistent with the NCP, to halt any work required by this Order, and to take

any necessary response action upon determining that conditions at the Site may present an

immediate and substantial endangerment to public health or welfare or the environment. The

absence of the RPM from the Site is not cause for the stoppage or delay of Respondents' work.

EPA may change its RPMs. EPA will notify Respondents five business days before any such

change is made. The initial notification of a change in RPM(s) may be orally made, but it will be

promptly followed by a written notice.

59. Respondents shall direct all submissions required by this Order to the RPMs at

the addresses listed below in this paragraph. Respondents shall send all submissions to the

RPMs by overnight express or by certified mail with return receipt requested. To the greatest

extent possible, communications between Respondents and EPA should be directed to the Project

Page 15 of 40
Coordinator and RPM, in writing at the respective addresses which follow:

(a) Documents to be submitted to EPA should be sent to:

William Rhotenberry (6SF-APRA)

Remedial Project Manager

EPA Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

(b) Documents to be submitted to Respondents should be sent to:

Mr. Carl B. Everett, Esq.

Saul Ewing LLP

Centre Square West

1500 Market Street, 38* Floor.

Philadelphia, PA 19102-2186

Respondents must notify EPA in writing of any change in this address.

60. EPA will arrange for a qualified person to assist in its oversight and review of the

conduct of the RI/FS, as required by Section I04(a) of CERCLA, 42 U.S.C. § 9604(a). The

oversight assistant may observe work and make inquiries in the absence of EPA, but is not

authorized to modify the work plan.

XVII. OTHER APPLICABLE LAWS

61. Respondents shall comply with all applicable local, state, and federal laws and

regulations when performing the RI/FS. No local, state, or federal permit is required for any

portion of any action conducted entirely on the Site, including studies, if the action is selected

and carried out in compliance with Section 121 of CERCLA, 42 U.S.C. § 9621.

XVin. RETENTION OF RECORDS

62. All records and documents in EPA's and Respondent's possession that relate in

any way to the RI/FS shall be preserved during the conduct of this Order and for a minimum of

10 years after commencement of construction of any remedial action. The Respondents shall

acquire and retain copies of all records and documents that relate to the RI/FS and are in the

possession of their employees, agents, accountants, contractors, or attorneys. After this 10-year

period, the Respondents shall notify EPA at least 90 days before the records and documents are

scheduled to be destroyed. If EPA requests that the records and documents be saved, the

Respondents shall, at no cost to EPA, send EPA the records and documents or copies of the

records and documents.

Page 16 of 40
XIX. DISPUTE RESOLUTION

63. Any disputes concerning work required under this Order, excluding the baseline

risk assessment, for which dispute resolution has been expressly provided forshall be resolved as

follows: If the Respondents object to any EPA notice of disapproval or requirement made

pursuant to this Order, Respondents shall notify EPA's Project Coordinator in writing of its

objections within 14 days of receipt of the disapproval notice or requirement. Within 14 days of

receipt of Respondents' written objections, EPA shall provide the Respondents with a written

response, specifically addressing the points raised by the Respondents and identifying potential

areas of agreement and disagreement Respondents' written objections shall define the dispute,

state the basis of Respondents' objections, and shall be sent to EPA via overnight express or via

fax to (214) 665-6660. EPA and the Respondents then have an additional 14 days from EPA's

receipt of the Respondents' objections to reach agreement. If an agreement is not reached within

14 days, Respondents may request a determination by EPA's Branch Chief for the

Arkansas/Oklahoma/Texas Branch. The Branch Chiefs determination is EPA's final decision.

Respondents shall proceed in accordance with EPA's final decision regarding the matter in

dispute, regardless of whether Respondents agree with the decision. If the Respondents do not

agree to perform or do not actually perform the work in accordance with EPA's final decision,

EPA reserves the right in its sole discretion to conduct the work itself, to seek reimbursement

from the Respondents, to seek enforcement of the decision, to seek stipulated penalties, and/or

to seek any other appropriate relief.

64. Respondents are not relieved of their obligations to perform work (including

without limitation deliverables) according to the schedule set forth in the Order (including

without limitation the SOW or EPA-approved submissions) while a matter is pending in dispute

resolution. The Invocation of dispute resolution does not stay stipulated penalties under this

Order.

XX. DELAY IN PERFORMANCE/STIPULATED PENALTDZS

65. For each day that Respondents fail to complete a deliverable according to the

schedules in the Order, including without limitation the SOW and EPA-approved submissions, or

fail to produce a deliverable that is acceptable to EPA, or Respondents otherwise fail to perform

in accordance with the requirements of this Order, Respondents shall be in violation of the Order

and Respondents shall be liable for stipulated penalties. Penalties begin to accrue on the day that

a violation occurs, and extend through the period of correction. Respondents are in violation of

this Order if EPA disapproves a submission under "(c)" or "(d)" of paragraph 32, and stipulated

penalties shall accrue as described in paragraph 36. EPA will provide written notice for

violations that are not based on timeliness; nonetheless, penalties will accrue from the day a

violation occurs. Respondents shall pay all stipulated penalties within 30 days of Respondents'

receipt of a demand letter from EPA.

Page 17 of 40
66. Respondents shall pay interest on any unpaid penalty balance. Interest shall

begin to accrue on any unpaid penalty balance at the end of the 30-day period, at the rate

established by the Department of Treasury in accordance with 30 U.S.C. § 3717. Respondents

shall further pay a handling charge of 1 percent of the unpaid balance, to be assessed at the end

of each 31-day period, and a 6 percent per annum penalty charge, to be assessed if the penalty

balance is not paid in full within 90 days after it is due.

67. Respondents shall mail all payments to:

EPA Superfund - Palmer Barge Superfund Site (06 KB)

CERCLIS #: TXD068104561

Superfund Accounting

P.O.Box360582M

Pittsburgh, Pennsylvania 15251

ATTN: COLLECTION OFFICER FOR SUPERFUND

Respondents shall pay by certified or cashier's check made payable to "EPA Hazardous

Substance Superfund." Respondents shall reference the "Palmer Barge Superfund Site (06 KB),

CERCLIS #: TXD068104561," the name and address of the Respondents, and the words "EPA

Docket Number CERCLA 06-05-02 Stipulated Penalties Special Account #1" on each check.

Respondents shall forward a copy of the check and any transmittal letter to the RPM and to:

Chief, Superfund Cost Recovery Section (6SF-AC)

U.S. Environmental Protection Agency

• Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

The amounts to be paid by the Respondents pursuant to this Section shall be deposited in the

special account known as the Palmer Barge Special Account #1 (this account is described in

Section XXIII (Special Account for Response Costs) within the EPA Hazardous Substance

Superfund. These amounts deposited in the Palmer Barge Special Account #1 may be used by

EPA to conduct or finance future response actions at or in connection with the Site, or they may

be transferred by EPA to the EPA Hazardous Substance Superfund.

68. For violations associated with any one of the following major deliverables,

stipulated penalties will accrue in the amount of $1500 per day, per violation, for the first seven

days of noncompliance; $2500 per day, per violation, for the eighth through fourteenth days of

noncompliance; $5000 per day, per violation, for the fifteenth through the thirtieth days of

noncompliance; and $8000 per day, per violation, for all violations lasting beyond thirty days:

a) An original and any revised work plan;

Page 18 of 40
b) An original and any revised sampling and analysis plan;

c) An original and any revised remedial investigation report;

d) An original and any revised treatability testing work plan;

e) An original and any revised treatability study sampling and analysis plan; or

f) An original and any revised feasibility study report.

69. For violations associated with any one of the following interim deliverables,

stipulated penalties will accrue in the amount of $1000 per day, per violation, for the first week

of noncompliance; $2000 per day, per violation, for the eighth through fourteenth days of

noncompliance; $3000 per day, per violation, for the fifteenth through the thirtieth days of

noncompliance; and $5000 per day, per violation, for all violations lasting beyond thirty days:

a) Technical memorandum on modeling of site characteristics;

b) Preliminary site characterization summary;

c) Summary of RI data;

d) Identification of candidate technologies memorandum;

e) Treatability testing statement of work;

f) Treatability study evaluation report;

g) Memorandum on Remedial Action Objectives;

h) Memoranda on development and preliminary screening of alternatives, assembled

alternatives screening results, and final screening; or

i) Report on comparative analysis of alternatives.

70. For the monthly progress reports and for any other work that Respondents are

required to perform under the Order including without limitation the SOW and EPA-approved

submissions, stipulated penalties will accrue in the amount of $500 per day, per violation, for the

first week of noncompliance; $1000 per day, per violation, for the eighth through fourteenth days

of noncompliance; $2000 per day, per violation, for the fifteenth through the thirtieth days of

noncompliance; and $4000 per day, per violation, for all violations lasting beyond thirty days.

71. Respondents may dispute EPA's right to the stated amount of penalties by

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invoking the dispute resolution procedures under Section XIX. Penalties will accrue but need

not be paid during the dispute resolution period. If Respondents do not prevail upon resolution,

all penalties are due to EPA within 30 days of resolution of the dispute and the provisions of

paragraph 66 apply to unpaid balances. If Respondents prevail upon resolution, the penalties at

issue in the dispute resolution need not be paid.

72. Notwithstanding any other part of this Order, with respect to any submission that

is disapproved by EPA under "(c)" or "(d)" of Paragraph 32, if EPA notifies Respondents in

writing that EPA has decided that Respondents need not make any correction to the disapproved

submission and that corrections may be made in a subsequent related submission, any stipulated

penalties will cease to accrue on the date of EPA's decision as indicated in the written notice.

73. The stipulated penalty provisions of this Order do not preclude EPA from

pursuing any other remedies or sanctions available to EPA due to Respondents' failure to comply

with this Order, including without limitation the completion of all or part of the RI/FS by EPA.

Payment of stipulated penalties does not alter Respondents' obligation to complete the

requirements of this Order.

XXI. FORCE MAJEURE

74. "Force majeure," for purposes of this Order, is defined as any event arising from

causes beyond the control of the Respondents, of any entity controlled by Respondents, or of

Respondents' contractors, that delays or prevents the performance of any requirement of this

Order despite Respondents' best efforts to fulfill the requirement. The requirement that the

Respondents exercise "best efforts to fulfill the requirement" includes using best efforts to

anticipate any potential force majeure event and best efforts to address the effects of any

potential force majeure event (1) as it is occurring and (2) following the potential force majeure

event, such that the delay is minimized to the greatest extent possible. "Force Majeure" does not

include financial inability to complete the work or a failure to attain the Performance Standards.

75. If any event occurs or has occurred that may delay Respondents' performance of

any requirement of this Order, whether or not caused by a force majeure event, the Respondents

shall notify orally the RPM or, in the absence of said RPM, the Director of the Superfund

Division, EPA Region 6 within five days of when Respondents first knew that the event might

cause a delay. Within five days thereafter, Respondents shall provide in writing to EPA an

explanation and description of: the reasons for the delay; the anticipated duration of the delay;

all actions taken or to be taken to prevent or mfoimiTe the delay; a schedule for implementation

of any measures to be taken to prevent or mitigate the delay or the effect of the delay; the

Respondents' rationale for attributing such delay to a force majeure event if they intend to assert

such a claim; and a statement as to whether, in the opinion of the Respondents, such event may

cause or contribute to an endangerment to public health, welfare or the environment. The

Respondents shall include with any notice all available documentation supporting their claim that

the delay was attributable to a force majeure. Failure to comply with the above requirements

Page 20 of 40
shall preclude Respondents from asserting any claim offeree majeure for that event for the

period of time of such failure to meet a requirement of the Order, and for any additional delay

caused by such failure. Respondents shall be deemed to know of any circumstance of which

Respondents, any entity controlled by Respondents, or Respondent's contractors knew or should

have known.

i

76. If EPA, agrees that the delay or anticipated delay in Respondents' performance of

a requirement is attributable to a force majeure event, the time for performance of the

requirements under this Order that are affected by the force majeure event will be extended by

EPA, for such time as is necessary to complete those requirements. An extension of the time for

performance of the requirements affected by the force majeure event shall not, of itself, extend

the time for performance of any other obligation. If EPA does not agree that the delay or

anticipated delay has been or will be caused by a force majeure event, EPA will notify the

Respondents in writing of its decision. If EPA agrees that the delay is attributable to a force

majeure event, EPA will notify the Respondents in writing of the length of the extension, if any,

for performance of the requirements affected by the force majeure event

77. If the Respondents elect to invoke the dispute resolution procedures set forth in

Section XDC (Dispute Resolution), they shall do so no later than 14 days after receipt of EPA's

notice. In any Dispute Resolution proceeding, Respondents shall have the burden of

demonstrating by a preponderance of the evidence that the delay or anticipated delay has been or

will be caused by a force majeure event, that the duration of the delay or the extension sought

was or will be warranted under the circumstances, that best efforts were exercised to avoid and

mitigate the effects of the delay, and that Respondents complied with the requirements of

Paragraphs 74 and 75, above. If Respondents carry this burden, the delay at issue shall be

deemed not to be a violation by Respondents of the affected requirement of this Order identified

to EPA.

XXH. REIMBURSEMENT OF RESPONSE COSTS

78. In accordance with Section 122(bX3) of CERCLA, 42 U.S.C.§ 9622(b)(3),

Respondents agree to provide funds to EPA for the payment of response costs. EPA will

establish the Palmer Barge Special Account within the EPA Hazardous Substance Superfund (the

"Palmer Barge Special Account") to retain those funds, which EPA will use for the payment of

response costs incurred by the United States or the State with respect to this Order. Response

costs include all costs incurred by the United States or the State in overseeing the Respondents'

implementation of the requirements of this Order, and activities performed by the government as

part of the RI/FS and community relations, including: time and travel costs of EPA and State

personnel and associated indirect costs, contractor costs, attorney costs, cooperative agreement

costs, technical assistance grant costs, compliance monitoring, collection and analysis of split

samples, inspection of RI/FS activities, Site visits, discussions regarding disputes that arise under

this Order, review and approval or disapproval of reports, costs of obtaining access to property as

may be necessary to carry out activities required under mis Order, costs of performing risk

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assessment, costs of redoing any of the Respondents' tasks, and all other direct and indirect costs,

and Interest

79. Following the issuance of this Consent Order, EPA will submit to Respondents

on an annual basis an accounting of all response costs, including oversight costs, incurred by the

U.S. Government with respect to this RI/FS. Response costs may include all types of costs

identified in the preceding paragraph. Any summaries, including EPA's certified Agency

Financial Management Systems summary data ("SCORPIOS Reports"), or such other summary

as certified by EPA, shall serve as basis for payment demands. The Respondents will have 30

days to request detailed backup information to support all or part(s) of the certified financial

summaries. This detail information may include, but is not limited to, contractor invoices,

signed EPA employee time sheets, travel expense authorizations and reports, and other

reimbursement reports. Respondents will make payment for response costs within 30 days of

receipt of this backup information as specified in Paragraphs 82 through 86.

80. Respondents must, within 30 days of receipt of each accounting, remit a certified

or cashier's check, or an Electronic Funds Transfer (EFT) in accordance with EFT instructions

provided by the EPA, for the amount of those costs. Interest will accrue from the later of: the

date payment of a specified amount is demanded in writing; or the date of the expenditure. The

interest rate is the rate of interest on investments for the Hazardous Substances Superfund in

Section 107(a) of CERCLA.

81. Respondents agree to limit any disputes concerning costs to accounting errors

and the inclusion of costs outside the scope of this Consent Order. Respondents must identify

any contested costs and the basis of its objection. All undisputed costs must be remitted by

Respondents in accordance with the schedule set forth above. Disputed costs must be paid by

Respondents into an escrow account while the dispute is pending. Respondents bear the burden

of establishing an EPA accounting error or the inclusion of costs outside the scope of this

Consent Order. '

Site.

XXm. SPECIAL ACCOUNT FOR RESPONSE COSTS

82. In accordance with Section 122(bX3) of CERCLA, 42 U.S.C.§ 9622(bX3),

Respondents agree to provide funds to EPA according to the procedures and time frames

described in this Section, for the payment of Response Costs paid by EPA after the effective date

of the Order. EPA will establish a reimbursable special account (the "Palmer Barge Special

Account #1") to retain those funds, which EPA will use for the payment of Response Costs

incurred by tile EPA with respect to this Order. This account shall earn interest at the CERCLA

rate.

83. EPA has estimated that the amount of Response Costs that will be expended at

this Site on an annual basis will be $93,000. Based on this estimate, within 30 days of the

Page 22 of 40
effective date of this Order, Respondents shall pay $10,000 to be deposited in the Palmer Barge

Special Account #1 by Electronic Funds Transfer ("EFT"), in accordance with EFT instructions

provided by EPA, or by submitting a certified or cashier's check made payable to "EPA

Hazardous Substance Superfund" to:

EPA Superfund - Palmer Barge Superfund Site (06 KB)

CERCLIS #: TXD068104561

Superfund Accounting

P.O.Box360582M

Pittsburgh, Pennsylvania 15251

ATTN: COLLECTION OFFICER FOR SUPERFUND

Respondents shall reference the "Palmer Barge Superfund Site (06 KB), CERCLIS #:

TXD068104561," the name and address of the Respondents, the words "EPA Docket Number

CERCLA 06-05-02 Ongoing Response Costs Special Account #1" on each check. Respondents

shall forward a copy of the check and any transmittal letter to the RPM and to:

Chief, Superfund Cost Recovery Section (6SF-AC)

U.S. Environmental Protection Agency

Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

84. Whenever the Palmer Barge Special Account #1 is drawn down by EPA to a

balance of approximately $2000, EPA will send a notice to Respondents and, if warranted, will

provide an adjusted estimate of Response Costs to be expended annually by EPA. In addition,

EPA will submit to Respondents an accounting summary of Response Costs paid (debited) from

the Palmer Barge Special Account #1 since March 1,2002. The Response Costs accounting

summary shall be in the form of an unreconciled SCORPIOS cost summary report or some

equivalent unreconciled EPA accounting summary. If Respondents need more detailed

information about a specific cost summarized on the SCORPIOS Report, Respondents may

contact in writing the RPM to inquire about the specific details. The RPM will, within 14 days

of such contact, attempt to provide the requested information. After the expiration of this 14-day

period, Respondents may request that EPA prepare and certify a Response Cost accounting of

some or all Response Costs paid since the March 1,2002. The EPA's cost of preparing the

certified Response Cost accounting is a Response Cost payable from the Palmer Barge Special

Account #1.

85. Respondents shall, within 60 days of receipt of a notice and Response Cost

accounting summary (i.e.t the SCORPIOS report or its equivalent), in accordance with the

procedure described in the preceding paragraph, remit to the Palmer Barge Special Account #1

(by EFT, certified check, or cashier's check) the amount EPA identifies as necessary to replenish

the Palmer Barge Special Account #1 to a balance of $ 10,000 or to replenish the account to a

Page 23 of 40
balance of EPA's adjusted estimate of Response Costs to be expended annually (whichever

amount is greater). Respondents shall make such payments according to the procedures

described in Paragraph 83. Neither dispute resolution nor a request to the RPM for more detailed

information nor a request for a certified cost accounting shall delay the date that Respondents'

payments are due under this paragraph.

86. If the Palmer Barge Special Account #1 is depleted to an amount of $2000 or less

at the time EPA submits a notification and cost accounting summary to Respondents,

Respondents shall pay, within ten days of EPA's notice, $8000 to the Palmer Barge Special

Account #1 in accordance with the procedure described in Paragraph 83 including without

limitation the procedure for providing notice of the remittance. Respondents shall remit the

remaining amount to replenish the Palmer Barge Special Account #1 to $10,000 or to the amount

of EPA's adjusted estimate of annual Response Costs (whichever amount is greater) in

accordance with the procedures and time frames described in Paragraphs 84 and 85.

87. EPA will remit and return to Respondents the difference between any balance

that remains on the date of termination of this Order in the Palmer Barge Special Account #1 and

the annual Response Costs estimated in Paragraph 83, or "rollover" the balance to another

oversight account for the benefit of the Respondent in a subsequent action on this Site, for which

the Respondent assumes the lead. Termination and satisfaction of the terms of this Order will be

in accordance with Section XXX (Termination and Satisfaction). EPA's obligation to return

funds to Respondents from the Palmer Barge Special Account #1 shall terminate upon EPA's

assumption of performance of any portion of the work pursuant to Paragraphs 28,42,52, or 63.

88. Respondents may invoke the Dispute Resolution provisions of this Order

regarding Response Costs only after Respondents have made an inquiry, regarding the costs in

question, to the RPM as described in Paragraph 84, and the 14-day period In which the RPM is to

respond has expired. Respondents shall limit any disputes concerning Response Costs to

' disputes regarding accounting errors and regarding EPA's payment of costs unrelated (directly or

indirectly) to this Order. Notwithstanding any other provision of this Order, in any dispute

resolution concerning Response Costs, Respondents bear the burden of establishing an EPA

accounting error or the inclusion of costs outside unrelated to the Order. If Respondents prevail

in dispute resolution regarding response costs, EPA will adjust the Palmer Barge Special

Account #1 to reflect the amount determined in the resolution of the dispute.

Page 24 of 40
XXIV. RESERVATIONS OF RIGHTS AND REIMBURSEMENT OF OTHER COSTS

89. The EPA reserves the right to perform its own studies and to terminate this

Consent Order, or take over or undertake work required hereunder, to seek reimbursement for the

costs of such actions, and to seek any other appropriate relief.

90. The EPA reserves the right to bring an action against Respondents under Section

107 of CERCLA, 42 U.S.C. § 9607, for recovery of all response costs not inconsistent with the

National Contingency Plan (NCP), including without limitation oversight costs, incurred by the

United States at the Site that are not reimbursed by Respondents, any costs incurred in the event

EPA performs the RI/FS or any part of it, and any future costs incurred by the United States in

connection with response activities conducted under CERCLA at the Site.

91. EPA reserves the right to bring an action against Respondents to enforce the

response cost reimbursement requirements of this Order, to collect stipulated penalties assessed

pursuant to Section XX of this Order (Delay in Performance/Stipulated Penalties), and to seek

penalties pursuant to Section 109 of CERCLA, 42 U.S.C. § 9609.

92. Except as expressly provided in this Order, each party to this Order reserves all

rights and defenses it may have. Nothing in this Order affects EPA's removal authority or

EPA's response or enforcement authorities, including the right to seek injunctive relief, stipulated

penalties, statutory penalties, and/or punitive damages.

93. After satisfying the requirements of this Order, Respondents will have resolved

then- liability to EPA for the work performed by Respondents pursuant to this Order.

Respondents are not released from liability, if any, for any response actions taken beyond the

scope of this Order regarding removals, other operable units, remedial design/remedial action of

this operable unit, or activities arising pursuant to Section 121(c) of CERCLA, 42 U.S.C. §

9621(c).

XXV. DISCLAIMER

94. By signing this Order and taking actions under this Order, Respondents do not

necessarily agree with EPA's Findings of Fact or Conclusions of Law. Furthermore, the

participation of Respondents in this Order may not be considered an admission of liability and is

not admissible in evidence against Respondents in any judicial or administrative proceeding,

other than a proceeding by the United States, including EPA, to enforce this Order or a judgment

relating to it. Except as provided in Sections XXVffl (Settling Parties Waiver of Claims Against

Certain Parties) of this Order, Respondents retain their rights to assert claims against other

potentially responsible parties at the Site. However, the Respondents agree not to contest the

validity or terms of this Order, or the procedures underlying or relating to it, in any action

brought by the United States, including without limitation EPA, to enforce its terms.

Page 25 of 40
XXVI. OTHER CLAIMS

95. In entering into this Order, Respondents waive any right to seek reimbursement

under Section 106(b) of CERCLA, 42 U.S.C. § 9606(b). Respondents also waive any right to

present a claim under Section 111 or 112 of CERCLA, 42 U.S.C. §§ 9611 and 9612. This Order

does not constitute any decision on preauthorization of funds under Section 11 l(a)(2) of

CERCLA. Respondents further waive all other statutory and common law claims against EPA,

including contribution and counterclaims, relating to or arising out of conduct of the RI/FS.

96. Nothing in this Order shall constitute or be construed as a release from any claim,

cause of action or demand in law or equity against any person, firm, partnership, subsidiary or

corporation not a signatory to this Order for any liability it may have arising out of or relating in

any way to the generation, storage, treatment, handling, transportation, release, or disposal of any

hazardous substances, pollutants, or contaminants found at, taken to, or taken from the Site.

97. Respondents shall bear their own costs and attorneys fees.

XXVH. FINANCIAL ASSURANCE, INSURANCE, AND INDEMND7ICATION

98. A Respondent must establish and maintain a financial instrument or trust account

or other financial mechanism acceptable to EPA, funded sufficiently to perform the work and any

other requirements of this Order, including a margin for cost overruns. Within 15 days after the

effective date of this Order, Respondents shall fund the financial instrument or trust account

sufficiently to perform the work required under this Order projected for the period beginning

with the effective date of the Order through December 31,2002. Beginning on January 1,2003,

and on or before the fifteenth calendar day of each calendar year quarter thereafter, Respondents

shall fund the financial instrument or trust account sufficiently to perform the work and other

activities required under this Order projected for the succeeding calendar year quarter.

99. If at any time the net worth of the financial instrument or trust account is

insufficient to perform the work and other requirements under the Order for the upcoming

quarter, Respondents must provide written notice to EPA within seven days after the net worth of

the financial instrument or trust account becomes insufficient The written notice shall describe

why the financial instrument or trust account is funded insufficiently and explain what actions

have been or will be taken to fund the financial instrument or trust account adequately.

100. (a) Before commencement of any work under this Order, Respondents shall

secure, and must maintain in force for the duration of this Order, and for

two years after the completion of all requirements of this Order,

Comprehensive General Liability ("CGL") and automobile insurance, with

limits of $5,000,000, combined single limit, naming as insured the United

States. The CGL insurance must include Contractual Liability Insurance

in the amount of $1,000,000 per occurrence, and Umbrella Liability

Page 26 of 40
Insurance in the amount of $2,000,000 per occurrence.

(b) Respondents shall also secure, and maintain in force for the duration of

this Order and for two years after the completion of all requirements of

this Order, the following:

i. Professional Errors and Omissions Insurance in the amount of

$1,000,000.00 per occurrence; and

ii. Pollution Liability Insurance in the amount of $ 1,000,000.00 per

occurrence, covering as appropriate both general liability and

professional liability arising from pollution conditions.

(c) For the duration of this Order, Respondents shall satisfy, or shall ensure

that their contractors and subcontractors satisfy, all applicable laws and

regulations regarding the provision of employer's liability insurance and

workmen's compensation insurance for all persons performing work on

behalf of Respondents, in furtherance of this Order.

(d) If Respondents demonstrate by evidence satisfactory to EPA that any

contractor or subcontractor maintains insurance equivalent to that

described above, or insurance covering the same risks but in a lesser

amount, then with respect to that contractor or subcontractor Respondents

need provide only that portion of the insurance described above that is not

maintained by the contractor or subcontractor.

(e) Before commencement of any work under this Order, and annually

thereafter on the anniversary of the effective date of this Order,

Respondents shall provide to EPA certificates of such insurance and a

copy of each insurance policy.

101. Respondents agree to indemnify and hold the United States Government, its

agencies, departments, agents, and employees harmless from any and all claims or causes of

action arising from or on account of acts or omissions of Respondents, their employees, agents,

servants, receivers, successors, or assignees, or any persons including, but not limited to, firms,

corporations, subsidiaries and contractors, in carrying out activities under this Order. The United

States Government or any agency or authorized representative thereof may not be held as a party

to any contract entered into by Respondents in carrying out activities under this Order.

Page 27 of 40
XXVIII. SETTLING PARTIES WAIVER OF CLAIMS

AGAINST CERTAIN PARTIES

102. Respondents agree to waive all claims or causes of action that they may have for

all matters relating to this RI/FS, including for contribution, against the following persons:

a. any person (i) whose liability to Respondents is based solely on CERCLA §§

107(aX3) or (4), 42 U.S.C. §§ 9607(aX3) or (4), (ii) who arranged for the disposal, treatment, or

transport for disposal or treatment, or accepted for transport for disposal or treatment, of only

Municipal Solid Waste or Sewage Sludge owned by such person, and (iii) who is a Small

Business, a Small Non-profit Organization, or the Owner, Operator, or Lessee of Residential

Property; and

b. any person (i) whose liability to Respondents with respect to the Site is based solely

on CERCLA §§ 107(a)(3) or (4), and (ii) who arranged for the disposal, treatment, or transport

for disposal or treatment, or accepted for transport for disposal or treatment, of 110 gallons or

less of liquid materials containing hazardous substances, or 200 pounds or less of solid materials

containing hazardous substances, except where EPA has determined that such material

contributed or could contribute significantly to the costs of response at said Site

103. For the purpose of this Order, the term "Municipal Solid Waste" shall mean all

waste materials generated by households, including single and multi-family residences, and

hotels and motels. The term also includes waste materials generated by commercial,

institutional, and industrial sources, to the extent such wastes (A) are essentially the same as

waste normally generated by households, or (B) are collected and disposed of with other

municipal solid waste or sewage sludge as part of normal municipal solid waste collection

services and, regardless of when generated, would be considered conditionally exempt small

quantity generator waste under regulations issued pursuant to Section 3001(dX4) of the Solid

Waste Disposal Act (42 U.S.C. 6921(d)(4)). Examples of Municipal Solid Waste include food

and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers,

office supplies, cosmetics, glass and metal food containers, elementary or secondary school

science laboratory waste, and household hazardous waste. The term does not include

combustion ash generated by resource recovery facilities or municipal incinerators, or waste from

manufacturing or processing (including pollution control) operations not essentially the same as

waste normally generated by households.

104. For the purpose of this Order, "Owner, Operator, or Lessee of Residential

Property" shall mean a person who owns, operates, manages, or leases Residential Property and

who uses or allows the use of the Residential Property exclusively for residential purposes.

105. For the purpose of this Order, "Residential Property" shall mean single or multifamily residences, including accessory land, buildings, or improvements incidental to such

dwellings, which are exclusively for residential use.

Page 28 of 40
106. For the purpose of this Order, "Sewage Sludge" means solid, semi-solid, or liquid

residue removed during the treatment of municipal waste water, domestic sewage, or other waste

water at or by publicly owned or federally owned treatment works.

107. For the purpose of this Order, "Small Business" shall mean any business entity

that employs no more man 100 individuals and is a "small business concern" as defined under the

Small Business Act (15 U.S.C. 631 et seq.).

108. For the purpose of this Order, "Small Nonprofit Organization" shall mean any

organization that does not distribute any part of its income or profit to its members, directors, or

officers, employs no more than 100 paid individuals at the involved chapter, office, or

department, and was recognized as a nonprofit organization under Section 501(c)(3) of the

Internal Revenue Code of 1986.

XXIX. EFFECTIVE DATE AND SUBSEQUENT MODIFICATION

109. The effective date of this Order will be the date it is signed by EPA and

Respondents.

110. This Order may be amended by mutual agreement of EPA and Respondents.

Amendments must be in writing and will be effective when signed by EPA and Respondents.

The RPM does not have the authority to sign amendments to the Order.

111. No informal advice, guidance, suggestions, or comments by EPA regarding

submissions or other deliverables submitted by Respondents will be construed as relieving the

Respondents of their obligation to obtain such formal approval as may be required by this Order

including without limitation approvals required in EPA-approved submissions and the SOW.

Any submissions including without limitation plans, technical memoranda, reports (other than

progress reports), specifications, schedules and attachments required by this Order are

automatically incorporated into this Order upon approval by EPA.

XXX. TERMINATION AND SATISFACTION

112. This Order (except for Sections XVDI (Retention of Records) and XXTV

(Reservation of Rights and Reimbursement of Other Costs)) shall terminate when Respondents

demonstrate in writing and certify to the satisfaction of EPA that all requirements of this Order,

including without limitation any additional work, payment of response and oversight costs, and

payment of any stipulated penalties demanded by EPA, have been performed and EPA has

approved the certification. The certification must be signed by a responsible official representing

each Respondent. Each representative must make the following attestation: "I certify mat the

information contained hi or accompanying mis certification is true, accurate, and complete."

Page 29 of 40
113. EPA will approve the Respondents' certification and terminate this Order when it

is satisfied that Respondents have performed all the requirements of the Order including without

limitation any additional work, payment of Response Costs including without limitation

oversight costs, and payment of any stipulated penalties demanded by EPA. Termination of this

Order in accordance with this paragraph will not terminate Respondents' obligation to comply

with Sections XVIII (Retention of Records), and XXIV (Reservation of Rights and

Reimbursement of Other Costs) of this Order.

BY: jSyrkfj** & J( ~<*y*ti* DATE

Myron Q: Knudson, pfeX

Director, Superfund Division

U.S. Environmental Protection Agency

Region 6

Page 30 of 40
bHUL tWlNla ^1S SY<i YY^D ID

Received 09/25/2002 03:08PH 5n 01:06 on line O] for 659 WOWCSRV2 printed BOOBA1E2 on 09/25/2002 03:09PH * Ps^S

SEP-25-O2 14tlB FROMi *"•

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

IN THE MATTER OF: ) CERCLA DOCKET NO. 06-05-02

Pehner Barge Superfund Site ) ADMINISTRATIVE ORDER

Port Arthur, Jefferson County, Texas ) ON CONSENT FOR AN RI/FS

) Proceeding under Sections 104,122(a), and

ELdu Pont de Nemours and Company, ) 122(dX3)oftheC!cmpreheasrve

Ashland, Inc.; Kirby Inland Marine, UP; ) Environmental Response* Compensation

Kirby bland Marine, Inc. of Louisiana; ) and Liability Act, 42 US,C, '' 9604,

and Texaco Incorporated. ) 9622(a),md9622(dX3)

* *

Respondents )

THE UNDERSIGNED SETTLING PARTY enters into this Agreement in the matter ofPahner

Barge Superfund Site, CERCLA Docket Number 06-05-02, relating to the Remedial

Investigation and Feasibility Study for the Palmer Barge Superfund Site, Jefferson County,

Texas:

FOR SETTLING PARTY: Kirby Intod Marine, LP

55 Waugh Drive, Suite 1000

P.O. Box 1745

Houston, TX 77251

Signature Date

MarkR.Buess

Senior Vice President

Page 33 of 40
C.WII1LJ

Reeefved09/27/2002 03s UPH in 01:04 en line [61 for 659 VORKSRV2 printed BOOBA678 on 09/27/2002 03:15PN • Pg 3/3

SEP-27-2002 15! 34 flSHLflND DUBLIN LflU 614 730 4268 P.03/03

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGIONS

IN THE MATTER OF:

Palmer Barge Superfund Site

PcAAiih»rJtffersoiiCoiJnty, Texas

E.LduPontde Nemours end Company;

Ashland, Inc.; Kirby Inland Marine, LP;

Kiiby Inland Marine fac. of Louisiana;

and Texaco Incorporftlud.

) CERCLA DOCKET NO. 06-05-02

>

) ADMINISTRATIVE ORDER

) ON CONSENT FOR AN RI/FS

) Proceeding under Sections 104, 122(aX end

) 122(d)(3) of the Comprehensive

) Environmental Response,

) and Liability Act, 42 U^.C" 9604,

) 9622(a). und 9622(d)(3)

Respondents )

THE UNDERSIGNED SETTLING PARTY enters into ibis Agreement in the matter of Palmer

Barge Superfund Site, CERCLA Docket Number 06-05-02, relating to the Remedial

Investigation and Feasibility Study for the Palmer Barge Superfond Site, Jefferson County,

Texas:

FOR SETTLING PARTY: Ashland, Inc.

5200 Blazer Parkway. Dublin, OH 43017.

'Address

Signature Date

Thomas P» Davis

Print name and title of Signatory

Page 34 of 40

TOTAL P. 03
rrr

Sep 30 02 ll:21a Dave Uiekersham 704 662 3447 p. 2

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

IN THE MATTER OF:

Palmer Barge Superfund Site

Port Arthur, Jefierson County, Texas

E. I. du Pont de Nemours and Company;

Ashland, Inc.; Kiity Inland Marine, LP;

Kirby Inland Marine Inc. of Louisiana;

And Texaco Incorporated.

) CERCLA DOCKET NO. 06-05-02

)

) ADMINISTRATIVE ORDER

) ON CONSENT FOR AN RI/FS

)

) Proceeding under Sections 104, 122(a), and

) 122(dX3) of the Comprehensive

) Environmental Response, Compensation

) and Liability Act, 42 US.C. ' • 9604,

) 9622(a), and 9622(d)(3)

Respondents )

THE UNDERSIGNED SETTLING PARTY enters into this Agreement in the matter of Palmer

Barge Superfund Site, CERCLA Docket Number 06-05-02, relating to the Remedial Investigation

and Feasibility Study for the Palmer Baige Sijperfutd Site; Je^tson County, Texas:

FOR SETTLING PARTY: E. I. du Pont de Nemours and Company,

Address

By:

Signature

7>&/<d I.

Date

Print name and title of Signatory

Page 31 of 40
JW eXW<£ hK bHUL bWiNb IU

Received 09/25/2002 03:08PM in 01:06 on line 131 for 659 WOWCSRV2 printedI BOOBA1E2 on 09/25/2002 03:09f>M • I

SEP-2S-02 14 i 16 FROM i IDi

 r>

&

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION6

IN THE MATTER OF:

Palmer Barge Superfiind Site

Port Arthur, Jefferson County, Texas

E. L du Pont de Nemours and Company;

Ashland, me.; Kirby Inland Marine, LP;

Kirby Inland Marine, Inc^ of Louisiana;

and Texaco Incorporated.

) CERCLA DOCKET NO. 06-05-02

)

) ADMINISTRATIVE ORDER

) ONCONSENTFORANRI/FS

)

) Proceeding under Sections 104,122(a), and

) 122(dX3) of die Comprehensive

) Environmental Response. Compensation

) and Liability Act, 42 U.S.C. '' 9604,

) 9622(a),and9622(d)C3)

Respondents

THE UNDERSIGNED SETTLING PARTY enters into this Agreement in the matter of Palmer

Barge Superfiind Site, CERCLA Docket Number 06-05-02, relating to the Remedial

Investigation and Feasibility Study for the Palmer Barge Superfund Site, Jefferson County,

Texas:

FOR SETTLING PARTY: Kirby M**** Marine, Inc., of Louisiana

55 Wangh Drive, Suite 1000

P.O. Box 1745

Houston, TX 77251

By:

Signature

MarkR-Buese

Senior Vice President

Date

Page 34 of 40

** TOTflL PflGE.05 **
09/30/02 MON 11:81 FAX 713 754 3326

CBEJ^ONJLAW^DEPT^^

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

IN THE MATTER OF:

Palmer Barge Superfund Site

Port Arthur, Jefferson County, Texas

E I. du Pont 'de Nemours and Company;

Ashland, Inc.; Kirby Inland Marine, LP;

Kirby Inland Marine, Inc., of Louisiana;

and Texaco Incorporated.

) CERCLA DOCKET NO. 06-05-02

)

) ADMINISTRATIVE ORDER

) ON CONSENT FOR AN RI/FS

)

) Proceeding under Sections 104, 122(a), end

) 122(<Q(3) of the Comprehensive

) Environmental Response, Compensation

) end Liability Act, 42 U.S.C §§ 9604,

) 9622(aXaad9622(d)(3)

Respondents

J

THE UNDERSIGNED SETTLING PARTY enters into this Agreement in the matter of tho

Palmer Barge Supcrfond Site, CERCLA Docket Number 05-05-02, relating to the Remedial

Investigation and Feasibility Study for die Palmer Barge Superfund Site, Jefftftuil County.

FOR SETTLING PARTY: Texaco Inc.

.ddress

Signature Date

Print name end title of Signatory

40

TOTfiL P.39
SCOPE OF WORK FOR REMEDIAL

INVESTIGATION/ FEASABILITY STUDY

PALMER BARGE LINE SUPERFUND SITE

PORT ARTHUR, TEXAS

Date: March 28,2002
Scope of Work for Remedial Investigation/ Feasabifity Study Table of Contents

TABLE OF CONTENTS

1.0 Introduction

1.1 Scope of Work - General.

2.0 Site Characterization 3

2.1 Task 1 - Project Planning 3

2.2 Task 2 - Work Plan 3

2.3 Task 3- Field Investigation < 4

2.4 Task 4 - Sample Analysis and Data Validation 5

2.5 Task 5 - Data Evaluation 5

2.6 Task 6 - Risk Assessments 6

2.7 Task 7 - Remedial Investigation Report 6

3.0 Feasability Study 9

3.1 Task 1 - Development and Screening of Remedial Alternatives 9

32 Task 2 - Pilot Studies/Treatability Investigations .9

3.3 Task 3 - Selection of Remedial Technologies and Detailed Analysis 10

TABLES

Table 1 Source Areas to be investigated at Palmer Barge Dock Superfund Site

Table 2 Site-Related Constituents of Concern

Table 3 Example of a Remedial Technology Screening for Soil

\Pabner Scope of Work (RI-FS).doc March 28,2002

Houston. TX
Scope of Work for Remedial Investigation/Feasability Study Introduction

1.0 INTRODUCTION

This scope of work describes the general approach to completing a Remedial

Investigation and Feasibility Study (RI/FS) for the Palmer Barge Line Superfund Site

near Port Arthur, Texas.

The purpose of the RI/FS (from http^/epa.gov/superrund/whatissfysfprocess/rifs.htm) will

be to collect sufficient data to:

. Q Characterize site conditions;

Q Determine the nature of the waste (if applicable);

Q Assess risk to human health and the environment; and

Q Conduct treatibility testing to evaluate the potential performance and cost of

alternative remedial actions.

The RI/FS process includes these five phases:

Q Scoping (the proposal),

Q Site Characterization (Section 2.0)

Q Development and Screening of Remedial Alternatives (Section 3.1)

Q Pilot Studies/Treatability Investigations (Section 3.2), and

Q Detailed Evaluation of Remedial Alternatives (Section 3.3).

1.1 Scope of Work - General

The overall objective of this scope of work is to complete a Remedial Investigation (RI)

and Feasibility Study (FS) for the Palmer Barge Line Site. The Palmer Barge Line Site is

a federal Superfund site. Background information about the site is provided in NPL Site

Narrative at Listing, 7/27,2000, Palmer Barge Line, Port Arthur, Texas. Ten source areas

were identified in the Site Listing and are shown in the following table.

Palmer Scope of Work (Rt-FS).doc March 28,2002
Scope of Work for Remedial Investigation/ Feasability Study Introduction

Table 1

Source Areas at Palmer Barge Dock Superfund Site

Source Area

Source 1 : Contaminated soil near Wastewater ASTs

Source 2: Contaminated soil near Boiler House ASTs

Source 3: Contaminated soil near Open-top Slop Tank

Source 4: Contaminated soil near Horizontal ASTs

Source 5: Contaminated soil near 12-Tank AST Battery

Source 6: Contaminated soil near Flare Stack

Source 7: Wastewater ASTs

Source 8: Boiler House ASTs

Source 9: Horizontal ASTs

Source 10: 12-Tank AST Battery

Nature of Impact as Currently

Understood

Soil contains site-related constituents

Soil contains site-related constituents

Soil contains site-related constituents

Soil contains site-related constituents

Soil contains site-related constituents

Soil contains site-related constituents

Related to Source 1

Related to Source 2

Related to Source 4

Related to Source 5

Palmer Scope of Work (RI-FS).doc March 28,2002
Scope of Workfor Remedial Investigation/ Feasability Study Site Characterization

2.0 SITE CHARACTERIZATION

2.1 Task 1 - Project Planning

The objective of this task is to gather and review published background information

about the site and area that would be necessary to write the RI work plan that includes:

Q a site specific sampling and analysis plan (SAP),

Q a site specific quality assurance project plan (QAPP),

Q a site-specific health and safety plan (HASP),

Q a waste management plan, and

Q a public relations plan.

This task should also include gathering sufficient background information to perform

site-specific baseline human health and screening ecological risk assessments and a

review of the constituents of concern for the site to make sure that all constituents are

listed in Table 2.

2.2 Task 2-Work Plan

The objective of this task is to prepare a work plan to delineate contamination from

activities at the Palmer Barge Line facility. This includes contamination from releases to

surface soil, subsurface soil, groundwater, surface water, and sediments. Because the

Palmer site is situated above the former City of Port Arthur municipal landfill, it is

paramount that releases from activities at the Palmer site to surface soils (above the

landfill), subsurface soils (beneath the landfill), and groundwater be differentiated from

releases from the landfill. Also, because the area of Sabine Lake that borders the Palmer

site is downstream from numerous permitted discharges to both the Sabine and Neches

Rivers, contamination to surface water and sediments must be determined to be

associated with the Palmer site and not from upstream.

Elements of this Work Plan should include:

Q A Sampling and Analysis Plan for sampling surface soils, subsurface soils,

groundwater, surface water, and sediments. The plan should be specific enough

to delineate, vertically and laterally, the extent of contamination on the Palmer

site and within Sabine Lake, if necessary. Analyses in the plan should be

sufficient to quantify the constituents of concern listed in Table 2.

Q A Quality Assurance Project Plan that defines the data quality objectives for the

sampling and analytical data to be collected at the site. This will include the

quality of laboratory data, the sample custody procedures, instrument calibration

and maintenance procedures, data documentation, and procedures to assess data

quality.

Palmer Scope of Work (RJ-FS).doc March 28,2002
Scope of Work for Remedial Investigation/Feasability Study Site Characterization

Q A Health and Safety Plan that will protect all workers at the site and meet all

requirements of 29 CFR 1910.120,29 CFR 1910.1200, and other appropriate

rules and regulations.

Q A Waste Management Plan that describes how waste generated during the

investigation will be managed and classified.

Q A Public Relations Plan that defines how documents generated from the site

investigation and information about activities at the site will be made available to

the public.

2.3 Task 3- Field Investigation

The objective of this task is to implement the SAP defined in the work plan in Task 2,

with the overall objective of defining the extent of releases from Palmer Barge Line

activities. A second objective of this task is to gather sufficient data to complete a

baseline human health and a screening ecological risk assessment. All sample locations

shall be surveyed using Global Positioning System (GPS) technology. Groundwater

monitoring wells may be surveyed by GPS, but will also require professional surveying

because their elevation must be accurate to the nearest one hundredth of a foot The field

investigation will be divided into two areas, onshore and offshore.

Onshore Investigation

The onshore investigation will include delineation of the constituents of concern listed in

Table 2 associated with activities at the Palmer Barge site in surface soils, subsurface

soils, and groundwater, if a release to groundwater is confirmed. All samples will be

collected according to EPA protocol and will be sent to an approved analytical laboratory

under strict chain-of-custody procedures.

Soli Investigation

. The soil investigation will include surface and subsurface soil samples to determine if

activities at Palmer Barge have impacted the environment Sampling should be adequate

to determine if soil at the site have been impacted and the extent of the impact. All soil

samples shall be analyzed for the constituents of concern listed in Table 2.

Groundwater Investigation

Groundwater samples will be collected to determine if activities at the Palmer Barge site

have impacted groundwater in the area. If groundwater samples are collected from a

well, the water level in the well shall be measured to the nearest one hundredth of a foot.

The objective of the groundwater investigation is to determine if there have been releases

to groundwater (shallow perched zone above the landfill, if present and groundwater

beneath the landfill) from the activities at Palmer Barge. It must be determined if

releases beneath the landfill are a result of activities at Palmer or releases from the

landfill. The lateral extent of contamination will also be determined during this sampling

program.

Palmer Scope of Work (RI-FS).doc March 28,2002
Scope of Work for Remedial Investigation/ Feasability Study Site Characterization

Sufficient groundwater samples should be collected and analyzed to establish background

conditions at the site. Groundwater samples will be analyzed for constituents listed in

Table 2.

Offshore Investigation

The offshore investigation will determine if activities from the Palmer site have impacted

surface water and sediments in Sabine Lake. Because Sabine Lake is in a highly

industrialized area and the Palmer site is down stream from numerous permitted outfalls,

this investigation must be able to differentiate contaminants from the Palmer site from

contaminants originating from upstream of the Palmer site. Some sampling has been

conducted of the sediments in Sabine Lake. That information is provided as

Attachment B.

Surface water samples will be collected along the shoreline at the Palmer Barge site.

These will be grab samples and the samples will be analyzed for the constituents listed in

Table2.

Samples will be collected from surface sediments (at the sediment water interface) and

subsurface sediments (6-inches to 1-foot beneath the sediment water interface). The

sampling will be conducted adjacent to the barge dock and will extend offshore to near

the ship channel. Surface sediment samples and subsurface sediment samples will be

collected and analyzed for the constituents in Table 2.

2.4 Task 4 - Sample Analysis and Data Validation

The objective of this task is to quantitatively analyze the samples collected during the

sampling program and to validate the results generated by the laboratory. The data shall

be validated using EPA and PRP approved contract laboratory procedure (CLP).

The proposal will assume that the samples will be analyzed for only the constituents

listed in Table 2.

2.5 Task 5 - Data Evaluation

The objective of this task is to evaluate and summarize data into tables that present the

data in a logical and organized manner. This should include a summary table of

contaminants detected organized by media, data tables of analytical data (organized by

source area and media), field parameter data (i.e. purge water data), and information that

supports key findings from the investigations. Figures should also be generated as part of

this task to graphically depict surface soil and subsurface soil contaminant isoconcentration maps, groundwater plume concentrations, sediment sampling results,

geologic cross-sections, and potentiometric surface maps indicating groundwater flow in

all aquifers measured.

Data evaluation for the Palmer Site will include data collected during listing of the site

and offshore data collected as part of the State Marine investigation.

Palmer Scope of Work {R»-FS).doc March 28,2002
Scope of Work tor Remedial Investigation/ Feasability Study Site Characterization

2.6 Task 6 - Risk Assessments

The objective of this task is to determine if releases from activities at the Palmer Barge

Line site pose a risk to human health or the environment. This shall be completed by the

development of a baseline human health risk assessment and a screening ecological risk

assessment. The results of these assessments will determine if any COCs from the

Palmer site have the potential to have an impact on human health or the ecological

system in the area.

The proposal will assume that the most current guidance for human health and ecological

risk assessments will be used.

2.7 Task 7 - Remedial Investigation Report

The objective of this task is to document all activities completed during the remedial

investigation. The remedial investigation (RI) report should include all data reports, field

notes, boring logs, figures, and tables generated during the data evaluation task and risk

assessment results. An executive summary must summarize the findings from the RI.

Prior to submitting the final report, a draft report should be prepared and submitted for

review by the EPA Project Manager and selected representatives of the PRPs. This draft

will be reviewed and edited prior to issuing the final report.

Palmer Scope of Work (Rl-FS).doc March 28.2002
Scope of Work for Remedial Investigation/ FeasabHity Study Site Characterization

Table 2

Site-Related Constituents of Concern

/Metals

 r "'."; , -"^-:L^H&:/^

- J- .- = -i * - - I ^ « i if,* ** *, -

Aluminum

Antimony

Arsenic

Barium

Cadmium

Chromium

Copper

Lead

Manganese

Mercury

Nickel

Vanadium

Zinc

tCBs -- " - * ^SCrr-^f

„• *•«.-,, «*••»•»« ,-i " -'

Aroclor-1254

Aroclor-1260

•'•**flai^'k:^£fp? - r --i- --'-„ ; 4-^-,<p-5J

ji;iS*_-i*l ^!

4,4'-DDD

4,4'-DDE

Aldrin

Beta-BHC

Deha-BHC

Dieldrin

Endosulfan sulfate

Endrin

Endrin aldehyde

Endrin ketone

Heptachlor

Heptachlor epoxide

: Anarjfsls £ii -

ILM04.1

ILM04.1

1LM04.1

ILM04.1

ILM04.1

1LM04.1

ILM04.1

ILM04.1

1LM04.1

ILM04.1

ILM04.1

ILM04.1

ILM04.1

'*~J&riySJ2*'-,

^ ^ - -*<-.-j. ^ ..-

OLM04^

OLM042

^Mfcapsip^

f^- *4v -i^-'-t'.rt'/f.i1 s:'

OLM042

OLM042

OLM042

OLM042

OLM042

OLM042

OLM042

OLM04^

OLM042

OLM042

OLM04.2

OLM042

Quantitation Limits (from USEJpAiCLP)

200 ug/L (water)

60 ug/L (water)

10 ug/L (water)

200 ug/L (water)

5 ug/L (water)

10 ug/L (water)

25 ug/L (water)

3 ug/L (water)

15 ug/L (water)

0.2 ug/L (water)

40 ug/L (water)

50 ug/L (water)

20 ug/L (water)

, Quantitation Limits (from pSEPA CLP) -

1 ug/L (water); 33 ug/kg (soil)

1 ug/L (water); 33 ug/kg (soil)

? J Quantitation Limits (froin USEPA CtiPJ "

0.1 ug/L (water); 33 ug/kg (soil)

0.1 ug/L (water); 3.3 ug/kg (soil)

0.05 ug/L (water); 1.7 ug/kg (soil)

0.05 ug/L (water); 1 .7 ug/kg (soil)

0.05 ug/L (water); 1.7 ug/kg (soil)

0.1 ug/L (water); 33 ug/kg (soil)

0.1 ug/L (water); 3.3 ug/kg (soil)

0.1 ug/L (water); 3.3 ug/kg (soil)

0.1 ug/L (water); 3.3 ug/kg (soil)

0. 1 ug/L (water); 33 ug/kg (soil)

0.05 ug/L (water); 1 .7 ug/kg (soil)

0.05 ug/L (water); 1.7 ug/kg (soil)

Detection limits for metals are from Exhibit C of EPA CLP ILM04.0

Detection limits for Porychlorinated Biphenyls (PCBs) and Pesticides are from Exhibit C of EPA CLP OLM04.2

Palmer Scope of Work (RI-FS).doc March 28,2002
Scope of Work for Remedial Investigation/ Feasability Study Site Characterization

Table 2

Site-Related Constituents of Concern (continued)

Semfvolatile Organic ;iy

Constituents -_ , . ''v""'fl.l'-Biphenyl

2-MethyInapthalene

Acetophenone

Benzo(a)anthracene

Benzo(a)pyrene

Benzo(b)fluoranthene

Benzo(gJi,I)perylene

Benzo(k)fluoranthene

Bis(2-ethylhexyl)phtha!ate

Carbazole

Chysene

Dibenzo(ajt)anthracene

Dibenzofuran

Fhioranthene

Fluorene

Indeno(l,23-cd)pyrene

Napthalene

Pentachlorophenol

Phenanthrene

Pyrene

- --"-Volatile Organic ":r:i-/'i:T

:

ft>!

.'•-Constituents -' '- '::••:'

- ,* „ " - = " - - ~~"L~ ^t,f ;-" Srt-^f^Ar

Benzene

Isopropylbenzene

Tert-Butyl Methyl Ether

#'- Analysis ir:t"r-">

•"»*' I" ?s-;= -" -

=1

 ;-!j--'~i

OLM042

OLM04.2

OLM04.2

OLM042

OLM042

OLM04J2

OLM04J2

OLM04.2

OLM04i

OLM042

OLM04.2

OLM042

OLM042

OLM045

OLM042

OLM04.2

OLM042

OLM04J2

OLM045

OLM042

-£..>. '•»>=• "i i'ft-SfS.twg

OLM042

OLM042

OLM042

C Quantitation Umits (from USEPA CL*j

:.. -

 r..Y:j

-

::

-

:K^nS!^

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

25 ug/L (water); 830 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

10 ug/L (water); 330 ug/kg (soil-low)

P? "Qiianiflation Limits (froiil IpSJEPAlSL^j^,

iife:-^-:^- ^i^^x^&sat

10 ug/L (water); 10 ug/kg (soil-low)

10 ug/L (water); 10 ug/kg (soil-low)

10 ug/L (water); 10 ug/kg (soil-low)

Detection limits for Semivolatile Organic Compounds and Volatile Organic Compounds are from

Exhibit C of EPA CLP OLM04.2 for both water and soil.

Palmer Scope of Work (RI-FS).doc March 28,2002
Scope of Work for Remedial Investigation/Feasabffity Study FeasabHity Study

3.0 FEASABILITY STUDY

3.1 Task 1 - Development and Screening of Remedial Alternatives

The purpose of the Feasibility Study is to evaluate remedial measures for source areas,

which pose an unacceptable risk to human health or the environment as determined by

the baseline risk assessment hi the RI report

The development of these alternatives requires:

Q Identification of remedial objectives,

Q Identifying a list of potential treatment, resource recovery or containment

technologies that could meet the remedial objectives,

Q Screening the technologies based on their effectiveness, implementability and

cost, and

Q Assembling technologies and associated containment or disposal requirements

into alternative for each impacted unit. (These alternatives would then be

evaluated in the detailed analysis in Section 3.3)

During the RI, sufficient data should be collected to develop a list of potential remedial

measures for screening purposes. This phase of the project generates a preliminary list of

remedial measures that will be further .evaluated. This list is meant to include all

technologies that could be used to address units that might have been identified by the

risk assessment as having exceeded risk criteria. Technologies inappropriate for the unit

or media are "screened-out" in this process.

This evaluation must also include a data gaps analysis to ensure that information

collected is sufficient to complete the final remedy design. These data gaps should then

be filled by pilot studies and treatability studies.

3.2 Task 2 - Pilot Studies/Treatability Investigations

After a list of potential remedial alternatives has been developed, certain data may be

required to complete the remedial alternative selection and to allow detailed remedial

design to proceed. Data gaps identified by the contractor during the remedial alternatives

screening will be addressed during this phase in which data specifically needed for

alternatives selected hi task 1 above.

Because this scope cannot be approximated without knowing what remedial alternatives

will be considered, the proposal should assume that no additional field investigations will

be required during this task and that all needed information will have been collected

during the RI. If during the development of remedial alternatives it becomes apparent

that additional data are required, then this section will be rescoped.

Palmer Scope of Work (Rt-FS).doc March 28,2002
Scope of Work for Remedial Investigation/ Feasability Study FeasabilitV Study

3.3 Task 3 - Selection of Remedial Technologies and Detailed

Analysis

This task identifies a set of nine criteria for the evaluation of stabilization alternatives.

These criteria are consistent with guidelines for RCRA corrective measure studies and

Comprehensive Emergency Response, Compensation, and Liability Act (CERCLA)

feasibility studies:

Q Overall protection of human health and the environment

Q Compliance with Applicable or Relevant and Appropriate Requirements

(ARARs)

Q Long-term effectiveness/permanence includes the type and duration of postimplementation care required and long-term reliability of any post-closure

controls prescribed.

Q Toxicity, mobility, or volume reduction includes the degree of irreversible

treatment and/or destruction, amount of destruction, and amounts remaining after

treatment.

Q Short-term effectiveness includes the health and safety risks that would be posed

during implementation of the alternative and the relative time until the alternative

could be implemented.

Q Implementability/technical uncertainty includes the ability to utilize materials and

resources prescribed hi the alternative, the developmental status of technologies

prescribed in the alternative, the technical degree of difficulty and potential

implications of failure, and the occupational risk associated with the

implementation of the alternative, including risk of accident and/or exposure.

Q Cost (Constmction/raplementation cost and the cost of ongoing operation and

maintenance)

Q State acceptance; and

Q Community acceptance.

Assuming all data needed to accurately estimate the feasibility of the remedial

alternatives has been collected, a remedy alternative will be selected for units/media,

which were found to contain site-related constituents that pose an unacceptable risk to

human health or the environment.

At the completion of this task, a recommendation for a proposed remedial alternative will

be made. Unless all alternatives are technically impracticable, a remedial design will be

scoped after this task is complete; however, do not include remedial design hi this cost

estimate.

Table 3 is an example of this screening of remedial technologies.

Palmer Scope of Work (Rl-FS).doc March 28,2002 10
*'-%

Tables

Example of a Remedial Technology Screening for Sol)

General Response

Action

Remedial

Technology Description Effectiveness

Institutional Controls

Institutional

Controls

Access Control Establish access restrictions Intended to

reduce exposure to COCs.

EX"6ltu Treatment Technologies

Excavation with

Treatment

High Temperature

Thermal Desorbtlon

Thermal Destruction

Biological Treatment

CDnTainflWm Upvofra

Containment Capping

Wastes are heated to 600-1000 F to

vaporize water and organic

contaminants. Off-gas Is treated.

Wastes are transported offsiteto

permitted untt, and heated to 900-2000 F

to combust organic compounds.

Soils are mixed with amendments and

placed In above ground cell. Moisture,

nutrients and pH are controlled to

BTtnancB muuvymiBiivTi.

Effective as long as restrictions

remain In place, would not address

migration of COCs Into groundwater

Effective at treating soil

Effective

Ex-situ biological treatment is

marginally effective at treating

chlorinated compounds due to high

oxygen content

impiemernainiKy

Easily Implementible

Requires permitting of unit,

some difficulty with process

units

Easily implementable

Easily implementable

Containment Involves a variety of

technologies Intended to Interrupt a

chemical transport pathway by placing a

banter between COCs and potential

receptors.

Effective at protecting potential

receptors as wed as reducing

migration to groundwater

Easily implementable

Screening

Comments

Not retained due to

migration of

constituents into

groundwater

Not retained due to

permitting and

process Issues

Retained for future

consideration

Not retained due to

effectiveness

Retained for further

consideration

IrwKu Treatment Technologies

Treatment Soil Vapor

extraction

Enhanced

Btoremedlatfon

Natural Attenuation

Iron Saturation

Vacuum is applied through extraction

wells to create s pressure gradient that

Induces gas-phase volatile* to diffuse

through soil to extraction wells; the gas is

then treated.

Circulate water-based solutions through

contaminated son to enhance in-situ

bfodegrsdation of organic compounds

stimulates the activity of naturally

occurring microbes.

Relies on natural anaerobic

characterization of microorganisms to

degrade chlorinated hydrocarbons.

Soil is treated through contact with zero

vatent iron or other reactive media.

Effective at treating soil and

preventing continued migration

The high concentrations of COCs at

Unit 1 may reduce the effectiveness

of biological processes

Previous analysis of the site has not

shown significant natural attenuation

at the site; this may increase If

concentrations are lower

Technology is effective In treating

COCs at the Plant

Easily implementable

Easily implementable

Easily implementable

Easily implementable

Retained for further

consideration

Not retained due to

effectiveness

Not retained due to

effectiveness

Retained for further

consideration