UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

1

 REGI0N 6

? 1445 ROSS AVENUE, SUITE 1200

DALLAS, TX 75202-2733

MEMORANDUM

SUBJECT: Request for Additional Ceiling Increase and Amendment to the Action

Memorandum at the High Access Areas of the Many Diversified Interests, Inc.

(MDI) Superfund Site, Houston, Harris County, Texas

FROM:

Site Response Section (6SF-R2)

TO: Samuel Coleman, P.E., Director

Superfund Division (6SF)

THRU: Ragan Broyles, Chief

Response and Prevention Branch (6SF-R)

I. PURPOSE

This memorandum requests a ceiling increase and an amendment to the Removal Action

pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA), as amended, 42 U.S.C. §§9601 et secu, at the High Access Areas of the Many

Diversified Interests, Inc. Superfund Site ("MDI" or "the Site") located in Houston, Harris

County, Texas. The proposed amendment involves the excavation and consolidation of leadcontaminated soils from six (6) inches below the ground surface from the northeastern portion of

the Kelly Village Housing Complex in the "Fifth Ward" of Houston, Texas. This Removal

Action is a part of the overall investigation and cleanup related to Operable Unit 3 (Residential

Crawlspaces and Those Residential Areas Not Addressed Under Operable Unit 2). This Removal

Action will only address the nine 2,500 ft2 grid areas contaminated with lead above 500 ppm and

identified during the investigation of Operable Unit 2 (Off-Site Residential Yards and High

Access Areas). Crawlspaces will not be addressed under this current Removal Action.

H. SITE CONDITIONS AND BACKGROUND

CERCLIS # TX0002288082

Category of removal: Time Critical

Site ID # 06FE

203099

Recycled/Recyclable .Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer)

032085
A. Site Description

1. Removal site evaluation

See attached original Action Memorandum (Attachment 1).

2. Physical location

The MDI Site, located at 3617 Baer Street in Houston, Harris County, Texas is an

abandoned foundry facility located approximately 2 miles east of downtown Houston and east of

the intersection of Highway 59 and Interstate Highway 10. Attachment 3 has a topographic layout

of the site. This portion of Houston is known as the "Fifth Ward." The MDI fenced property

occupies approximately 36 acres in an area of mixed industrial and residential land use. The MDI

property is bounded by Hare Street to the north; National Vinegar Company and Press Street to

the east; the former Texas & New Orleans Railroad right-of-way beyond the easement to the

south; and Bringhurst Street to the west. There are in excess of 10,000 people within a mile of the

Site, including several hundred children attending the local elementary school.

3. Site characteristics

During the Remedial Investigation and Feasibility Study for the Site, the EPA's Response

Action Contractor, Tetra Tech EM, Inc., conducted sampling activities and found lead

contamination in the residential areas of the Site that exceeded a 400 ppm screening level. The

area investigated was determined by air modeling and included areas within a 400 ppm isopleth,

the Study Area. The northeastern portion of the Kelly Village Housing Complex was located

within the Study Area. Soil sampling in this area identified nine 2,500 ft2 grid areas with lead

concentrations that exceeded the 500 ppm cleanup level from six inches to 18 inches below the

ground surface.

One hundred and twelve (112) properties located within the study area could not be

sampled because the owners could not be located, or they were not responsive to the EPA's

requests for sampling, or they denied the EPA access for sampling. These residential areas,

including the residential crawlspaces, will be addressed under the Remedial Investigation and

Feasibility Study for Operable Unit 3. The ongoing Removal Action for the nine 2,500 ft2 grid

areas at the Kelly Village Housing Complex is considered a response action under Operable Unit

3. Crawlspaces will not be addressed under this Removal Action.

4. Releases or threatened release into the environment of a hazardous substance, pollutant

or contaminant

See attached original Action Memorandum.

032086
5. NPL status

See attached original Action Memorandum.

6. Maps, Pictures and other graphic representations

Attachment 1 Original Action Memorandum (dated 7/10/03)

Attachment 2 Amendment to Original Action Memorandum (dated 12/12/03)

Attachment 3 Amendment 2 to Original Action Memorandum (dated 7/28/05)

Attachment 4 MDI Site Topographic Map

B. Other Actions to Date

1. Previous actions

The EPA issued a Record of Decision for Operable Unit 2 on September 23, 2005. The

EPA's final remedy decision for OU 2 was "no further remedial action," since the previous yard

Removal Actions eliminated the existing and potential risks to human health and the environment

so that no further action was necessary. In 1998 and 1999, the Texas Natural Resource

Conservation Commission (TNRCC, now the Texas Commission on Environmental Quality

[TCEQ]) performed a Removal Action at 89 residential yards and High Access Areas (HAAs). In

November 2003 and June 2005, the EPA completed Removal Actions at 59 residential yards and

HAAs, which included the Blanche Kelso Bruce Elementary School, Fifth Ward Multi-Service

Center, and several churches. The purpose of the Removal Actions was to remove surface soil

with concentrations of lead that equaled or exceeded the cleanup goal of 500 milligrams per

kilogram (mg/kg) to reduce the exposure of children and adults to lead.

The Removal Action at the High Access Areas of Operable Unit 2 began on July 15, 2003.

The EPA completed a Removal Action at additional properties following the approval of the

ceiling increase and amended actions on September 8, 2003.

The EPA began a Removal Action at the Kelly Village Housing Complex on February 20,

2006. Lead-contaminated soils were removed from six (6) inches below the ground surface from

several 2,500 ft2 grid areas from the northeastern portion of the housing complex located adjacent

to Gregg Street. This Removal Action is a part of the overall cleanup related to Operable Unit 3.

An amendment to this Action Memorandum is required to continue the excavation of leadcontaminated soils from the other grid areas contaminated with lead and remaining to be

excavated.

2. Current actions

The EPA is currently performing a Remedial Investigation and Feasibility Study (RI/FS)

for Operable Unit Operable Unit 3 (Residential Crawlspaces and Those Residential Areas Not

Addressed Under Operable Unit 2) of the Site. The nine 2,500 ft2 grid areas contaminated with

032087
lead at the Kelly Village Housing Complex, identified during the RI/FS for the Site, were not

addressed under Operable Unit 2 and are now being addressed under Operable Unit 3 and this

Removal Action.

C. State and Local Authorities'Roles

1. State and local actions to date

See original Action Memorandum.

2. Potential for continued State/local response

See original Action Memorandum.

III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

A. Threats to Public Health or Welfare

The current conditions at the site meet the following factors which indicate that the site is

a threat to the public health, welfare and the environment and a removal action is appropriate

under §300.415(b)(2) of the National Contingency Plan. Any or all of these factors may be

present at a site yet any one of these factors may determine the appropriateness of a removal

action.

1. Exposure to Human Populations, Animals or the Food Chain, NCP Section 300.415

Lead affects multiple target systems in adults and children; however, young children

(generally seven years of age and younger) are at greatest risk from the effects of lead. Lead can

cause damage to the brain and nervous system; slowed growth; and behavioral, learning, and

hearing problems.

The EPA's Office of Solid Waste and Emergency Response states in the August 1998

directive that the risk reduction goal is to attempt to limit exposure to soil lead (Pb) levels such

that a typical (or hypothetical) child or group of similarly exposed children would have an

estimated risk of no more than 5% of exceeding a 10 microgram/deciliter (/ig/dL) blood-Pb level.

This blood-Pb level is established by the Federal Centers for Disease Control and Prevention

(CDC). The directive also states that the EPA recommends that a soil Pb concentration be

determined so that a typical child or group of children exposed to Pb at this level would have an

estimated risk of no more than 5% of exceeding a blood-Pb level of 10 jUg/dL.

032088
The Removal Action for the soil contaminated with lead at the nine 2,500 ft2

 grid areas

located at the northeastern portion of the Kelly Village Housing Complex would be protective of

human health and the environment. The cleanup level of 500 milligrams/kilogram (mg/kg) for

lead in soils will meet the EPA's goal of limiting soil lead levels such that a typical (or

hypothetical) child or group of similarly exposed children would have an estimated risk of no

more than 5% exceeding the 10 jug/dL blood-lead level established by the CDC.

2. Contaminants in Soil; NCP Section 300.415 (b)(2)(iv)

The soils in the nine 2,500 ft2 grid areas at the Kelly Village Housing Complex exceed the

action levels established to protect the human population. Lead was found in concentrations up to

6298 ppm.

3. Weather Conditions That May Cause Hazardous Substances or Pollutants or

Contaminants to Migrate or be Released. NCP Section 300.415 (b)(2)(v)

See original Action Memorandum.

4. Availability of Other Mechanisms, NCP Section 300.415 (b)(2)(vii)

See original Action Memorandum.

B. Threats to the Environment

See original Action Memorandum.

V. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from

this Site, if not addressed by implementing the response action in this amendment, may present an

imminent and substantial endangerment to the public health, welfare, or the environment.

VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

See original Action Memorandum.

2. Contribution to remedial performance

See original Action Memorandum.

032089
3. Description of alternative technologies

See original Action Memorandum.

4. Applicable or relevant and appropriate requirements

See original Action Memorandum.

5. Project schedule

The duration of activities at the yards in the housing complex is expected to be one month,

depending upon weather conditions and scheduling, and the availability of disposal contractors

and others.

Estimated Costs

EXTRAMURAL COSTS

Current Proposed

Ceiling Ceiling

Cleanup Contractor $ 980,000 $ 1,525,000

START $ 610,000 $ 800,000

Previous Costs $ 353,457.26 $ 353,457.26

TOTAL, EXTRAMURAL COSTS $1,943,457.26 $ 2,678,457.26

VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

See original Action Memorandum.

VIII. OUTSTANDING POLICY ISSUES

See original Action Memorandum.

032090
IX. ENFORCEMENT

Also see original Action Memorandum.

(Direct Cost) + (Other Direct) + (37% of Total Direct {Indirect Cost}) =

Estimated EPA Cost for a Removal Action

($2,678,457.26) + ($237,846) + (37% x 2,916,303.26) = $3,995,335.47

Also see original Action Memorandum and Amendments to Original Action

Memorandum.

X. RECOMMENDATION

This decision document represents the selected Removal Action for the nine 2,500 ft2 grid

areas located at the northeastern portion of the Kelly Village Housing Complex of the Site. These

grid areas are considered a part of the overall investigation and cleanup for Operable Unit 3 of the

MDI Superfund Site located in Houston, Harris County, Texas. This decision document was

developed in accordance with CERCLA as amended, and not inconsistent with the NCP. This

decision is based on the Administrative Record for the Site.

Conditions at the Site meet the criteria as defined by 40 CFR Section 300.415(b)(2) of the

NCP for a removal. I recommend your approval of the proposed removal action. The total

project ceiling will be $3,995,335.47.

Attachments

032091
ATTACHMENT 1

Original Action Memorandum

Request for A Removal Action and Waiver

To the Twelve Month Statutory Limit

At the High Access of MDI

July 10, 2003

032092
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

**. REGION 6

\ 1445 ROSS AVENUE, SUITE 1200

"I DALLAS, TX 75202-2733

MEMORANDUM

SUBJECT: Request for a Removal Action and Waiver to the Twelve Month Statutory Limit

at the High Access Areas of the Many Diversified Interests, Inc. Superfund Site,

Houston, Harris County, Texas

FROM: Rafael Abrego Casnova, Remedial Project Manager

Stacey Bennett, Remedial Project Manager '

L Gregory Fife, On-Scene Coordinato£2 (JIMA4 \JMAMV\

Site Response Section (6SF-R2) /

TO: Myron O. Knudson, P.E., Director

Superfund Division (6SF)

THRU: -^Charles A. Gazda, Chief Q (JAAAAA

Response and Prevention Branch (6SF-R)

I. PURPOSE

This memorandum requests approval for a Removal Action pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as

amended, 42 U.S.C. §§9601 et seq., at the High Access Areas of the Many Diversified Interests,

Inc. Superfund Site ('MDI" or "Site") located in Houston, Harris County, Texas. The proposed

action involves the excavation and consolidation of contaminated soil in High Access Areas

(HAAs)oftheSite.

This action meets the criteria for initiating a removal action under the National

Contingency Plan (NCP), 40 CFR §300.415. This action is expected to require less than $2

million to complete. Previous actions took place from November 2, 1998 to September 30, 1999.

Hence, the actions proposed in this memorandum will exceed the 12 month lapse time from the

date of the initial response. The Action Memorandum for the previous actions taken is in

Attachment 1.

0 0 0 o 0 1

Internet Address (URL) - http://www.epa.qov/earth1 r6/

Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

032093
II. SITE CONDITIONS AND BACKGROUND

CERCLIS #TX0002288082

Category of removal: Time Critical

Site ID # 06FE

A. Site Description

1. Removal site evaluation

In 1926, the Texas Electric Steel Casting Company (TESCO) began operations as a metal

casting foundry. TESCO primarily manufactured specialty molded parts such as large wheels,

tracks, and mining equipment. The process area consisted of casting plants. Both plants

maintained separate sand systems, core ovens, mold makes, electric arc furnaces, pouring

facilities, and cleaning, annealing and heat treating process areas.

During the mid-1980s, the southern portion of the Site was leased to Can-Am Resource

Group (Can-Am). Can-Am conducted a spent catalyst recycling operation using an experimental

process. Can-Am reportedly obtained between 2,000 and 4,000 drums of spent catalyst from

chemical plants and refineries along the Houston Ship Channel. Byl988, Can-Am ceased

operations and abandoned the drums of spent catalyst on the Site.

In 1990, MDI bought the TESCO note form the Texas Commerce Bank. TESCO ceased

operations in February 1991, and MDI foreclosed on the property. MDI reopened as the San

Jacinto Foundry (SJF) on March 1, 1991. SJF continued operations until about June 1, 1992.

MDI filed for Chapter 7 Bankruptcy in the U.S. Bankruptcy Court for the Southern District of

Texas on May 1992. The on-site facilities were demolished as a salvage operation under order of

the U.S. Bankruptcy Court between March 1995 and January 1996.

In 1998 and 1999, the Potentially Responsible Parties removed over 5,000 drums

containing waste materials, with EPA's oversight. The TCEQ conducted a removal and

restoration of 89 residential yards to the west and north of the MDI facility. The removal action

was conducted to remove surface soil with concentrations of lead that equaled or exceeded 500

parts per million (ppm) to reduce the exposure to lead.

2. Physical location

The MDI Site, located at 3.617 Baer Street in Houston, Harris County, Texas is an

abandoned foundry facility located approximately 2 miles east of downtown Houston and east of

the intersection of Highway 59 and Interstate Highway 10. Attachment 2 has a topographic

layout of the Site. This portion of Houston is known as the "Fifth Ward." The MDI fenced

property occupies approximately 36 acres in an area of mixed industrial and residential land use.

The MDI property is bounded by Hare Street to the north; National Vinegar Company and Press

Street to the east; the former Texas & New Orleans Railroad right-of-way beyond the easement

032094
to the south; and Bringhurst Street to the west. There are in excess of 10,000 people within a

mile of the Site, including several hundred children attending the local elementary school.

3. Site characteristics

There are approximately 33 High Access Areas at the Site with lead contamination

greater than the established 500 ppm action level. These HAAs include the Blance Kelso Bruce

Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and

approximately 30 residential properties. The school is located one block west of the MDI Site.

Attachment 3 has the layout of the elementary school.

EPA's Response Action Contractor, Tetra Tech EM, Inc., conducted sampling activities

and found lead contamination is soil in residential areas of the Site. The area investigated was

determined by air modeling and includes areas within the 400 ppm isopleth. The soil in all the

HAAs exceeds 500 ppm and is as high as 1899 ppm.

4. Releases or threatened release into the environment of a hazardous substance, pollutant

or contaminant

Lead is the primary contaminant of concern at the Site. Lead is a designated hazardous

substance as defined in Section 101(14) of CERCLA, 42 U.S.C.§9601(14), and 40 CFR §302.4.

Analytical data shows that lead at concentrations ranging from 511 to 1,899 ppm are present in

the soils (surface to 18 inches) at the Site. Lead is known to cause primarily neurological

damage in humans as the result of ingestion of the metal. Children are the most susceptible

group of people to the adverse effects of lead. Attachment 5 has the ToxFaQs for Lead.

5. NPL status

The "Final Rule" adding the Site to the National Priorities List was published in the

Federal Register on January 15, 1999. A Record of Decision, describing the chosen remedial

action, has not been issued for the Site; however, this proposed removal action will be consistent

with any subsequent remedial activities that may be taken at the Site.

6. Maps, Pictures and other graphic representations

Attachment 1 Previous Action Memorandum

Attachment 2 MDI Site Topographic Map

Attachment 3 Bruce Elementary School Layout

Attachment 4 Enforcement Attachment

Attachment 5 ToxFaQs for Lead

00000 3

032095
B. Other Actions to Date

1. Previous actions

In 1998 and 1999, the Potentially Responsible Parties removed over 5,000 drums

containing waste materials, with the EPA's oversight. The TCEQ completed a removal and

restoration in 1999 of 89 residential yards to the west and north of the Site. The removal action

was conducted to remove surface soil with concentrations of lead that equaled or exceeded 500

ppm to reduce the exposure to lead.

2. Current actions

The EPA is currently performing an RI/FS at the Site. The purpose of the RI/FS is to

determine the nature and extent of contamination and to gather sufficient information about the

Site to support an informed risk management decision regarding which remedy is the most

appropriate for the Site. The EPA began remedial sampling activities at the Site in January 2003.

C. State and Local Authorities' Roles

1. State and local actions to date

The State of Texas, through the TCEQ, was significantly involved in the previous

activities at the Site and continues to provided technical assistance during the RI/FS. The TCEQ

conducted a Preliminary Assessment in November 1995 and a Screening Site Inspection in

January 1996. Further, the TCEQ entered into a contract with EPA in March 31, 1999, to

conduct a Time-Critical Removal Action for the off-site portion of the Site under the State

Removal Pilot Program.

2. Potential for continued State/local response

The TCEQ will continue to provide technical assistance to the EPA during the RI/FS for

the Site. The Texas Department of Health is currently gathering data concerning the historical

and recent blood lead studies conducted at the Site and plans to provide information to the public

during the upcoming public meetings.

HI. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

A. Threats to Public Health or Welfare

000Q0 4

032096
The current conditions at the site meet the following factors which indicate that the site is

a threat to the public health, welfare and the environment and a removal action is appropriate

under §300.415(b)(2) of the National Contingency Plan. Any or all of these factors may be

present at a site yet any one of these factors may determine the appropriateness of a removal

action.

1. Exposure to Human Populations, Animals or the Food Chain, NCP Section

300.415 (b)(2)(i)

The soils in the HAAs of the Site contain lead concentrations that range from 511 to

1,899 ppm, based on recent data (additional data i being reviewed and validated). The EPA's

goal at lead sites is to attempt to limit exposure to soil lead levels such that a typical child or

group of similarly exposed children would have an estimated risk of no more than 5% of

exceeding a 10 [Ig/dl blood lead level. The 500 ppm removal action level meets the 5%

benchmark, based on the experience gained from other lead sites in EPA Region 6. The Center

for Disease Control considers the 10 flg/dl blood lead level as elevated for young children. The

EPA believes that the lead in these soils is attributable to the historical foundry operations as well

as other possible sources. Exposure to animals and food chain receptors are not known at this

time. This information will be gathered during the ongoing RI/FS for the Site.

2. Contaminants in Soil; NCP Section 300.415 (b)(2)(iv)

The soils in the HAAs exceed the action levels established to protect the human

population. Lead was found in concentrations up to 1,899 ppm. The soil at the Blance Kelso

Bruce Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and

approximately 30 residential properties have lead contamination in soil exceeding the response

action level.

3. Weather Conditions That May Cause Hazardous Substances or Pollutants or

Contaminants to Migrate or be Released. NCP Section 300.415 (b)(2)(v)

The area is subject to hurricanes, flooding and other severe weather. The severe flooding

events could easily transport contaminated soil within the residential areas.

4. Availability of Other Mechanisms, NCP Section 300.415 (b)(2)(vii)

At this time, there are no other mechanisms available to respond to the evacuation of soil

contaminated with lead.

B. Threats to the Environment

000Q0 3

032097
The proposed action to be taken during this response is designed to address a public

health threat resulting from the contaminated soils within the residential areas of the Site. These

actions, although not specifically designed to do so, will significantly reduce or mitigate any

potential ecological threats.

IV. CRITERIA FOR AN EXEMPTION FROM STATUTORY LIMITS

Consistency Exemption

Section 104 (c)(l)(c) limits Fund financed removal action to under $2 million and twelve-months

in duration unless the Agency determines that continued response action are otherwise

appropriate and consistent with the remedial action to be takea The actions proposed in this

memorandum is expected to require less than $2 million to complete. Previous actions took

place from November 2, 1998 to September 30, 1999. Hence, the actions proposed in this

memorandum will exceed the 12 month lapse time from the date of the initial response. Also, the

actions proposed within this Action Memorandum are appropriate, consistent, and do not hinder

any additional conceivable future remedial actions to be taken. The Site was added to the NPL

on January 15, 1999. The actions proposed in this Action Memorandum will prevent direct

human contact with the contaminated soils. All surface and subsurface contaminated soils will

be excavated and will be stored on-site. If this Action Memorandum is approved, actions will be

taken to remove contaminated soil from the High Access Areas. All these action have been

closely coordinated with the Remedial Project Managers and are consistent with the planned

remedial action for the site.

V. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from

this Site, if not addressed by implementing the response action selected in this Action

Memorandum, may present an imminent and substantial endangerment to the public health,

welfare, or the environment.

VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

The proposed action for the Site involves the removal of soils contaminated with lead

from the HAAs at the Site. Soil with lead contamination greater than 500 ppm will be excavated.

The areas will be backfilled to proper grade and sodded. The contaminated soil will be placed at

the MDI Site. Sidewalks, driveways, and other such structures will be replaced with comparable

structures according to local codes. Other items removed or damaged as a result of the removal

action will be replaced or compensation will be given in accordance with EPA policy at the

00000 6

032098
appraised value.

It is critical to conduct the action at the Blance Kelso Bruce Elementary School in July to

coincide with school closing. Other activities will be conducted to facilitate interaction with the

public.

2. Contribution to remedial performance

The proposed action is consistent with any future remedial response at this Site since the

response action constitutes contaminant removal.

3. Description of alternative technologies

There are no alternative technologies that could feasibly be applied.

4. Applicable or relevant and appropriate requirements

This removal action will be conducted to eliminate the actual or potential release of a

hazardous substance, pollutant, or contaminant to the environment, pursuant to CERCLA, 42

U.S.C. § 9601 et sea.,

 an d in a manner consistent with the National Contingency Plan, 40 CFR.

Part 300, as required at 33 U.S.C. § 1321(c)(2) and 42 U.S.C. § 9605. Pursuant to 40 CFR Part

300.415(1), fund-financed removal actions under CERCLA § 104 and removal actions pursuant

to CERCLA § 106 shall, to the extent practicable considering the exigencies of the situation,

attain the applicable or relevant and appropriate requirements under Federal environmental law.

If consolidation and off-site disposal are the principal elements of this removal action,

RCRA waste analysis requirements found at 40 CFR §§ 261.20 and 261.30, RCRA manifesting

requirements found at 40 CFR § 262.20, and RCRA packaging and labeling requirements found

at 40 CFR § 262.30 are deemed to be appropriate requirements for this removal action.

Applicable RCRA requirements for landfill closure, 40 CFR § 264. Ill , Subpart G, may apply,

which specify a cap with a permeability less than or equal to the permeability of any bottom liner

or natural sub-soils present at the plant site. In addition, applicable specific closure requirements

which are provided for surface impoundments, 40 CFR § 264.228, Subpart K, and applicable

requirements for landfills, 40 CFR § 264.310, Subpart N may also apply. Post-closure and

monitoring requirements may be applicable, 40 CFR § 264.117(a)(l), as well as RCRA

requirements for location of a Transportation, Storage or Disposal facility in a 100-year flood

plain, 40 CFR § 264.18 and 40 CFR 6, Appendix A. The selected removal action does not

trigger placement under the RCRA Land Disposal Restrictions, since all waste will be moved

only within the area of contamination or RCRA unit, 55 Fed. Reg. 8760 (March 8, 1990).

Ambient air quality standards at 40 CFR 50 will be used, as applicable, to protect the quality of

air during the implementation of the action.

00000 7

032099
5. Project schedule

The duration of activities is expected to be three months, depending upon weather

conditions and scheduling, and the availability of disposal contractors and others. The response

at the school must be conducted in July and coordinated with the principal.

B. Estimated Costs

Extramural Costs

Cleanup Contractor $600,000

START $300,000

Previous Costs ^...$353,457.26

TOTAL, EXTRAMURAL COSTS $1,253,457.26

VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

Should the actions described in this Action Memorandum be delayed or not taken, the

soils contaminated with lead will continue to contribute to the direct exposure of children and

adults. The soils in the HAAs of the Site contain lead concentrations that range from 511 to

1,899 ppm, based on recent data (additional data is being reviewed and validated).

VIII. OUTSTANDING POLICY ISSUES

There are no outstanding policy issues associated with this removal action or the Site.

IX. ENFORCEMENT

For administrative purposes, information concerning confidential enforcement strategy

for this site is contained in the Enforcement Confidential Attachment 4.

(Direct Cost) + (Other Direct) + (42.14% of Total Direct {Indirect Cost}) = Estimated

EPA Cost for a Removal Action

($1,253,457.26) + ($125,346) + (42.14% x 1,378,803.26) = $1,959,830.95

Direct costs include direct extramural costs and direct intramural costs. Indirect costs are

calculated based on an estimated indirect cost rate expressed as a percentage of site-specific

ooooo e

032100
direct costs, consistent with the full cost accounting methodology effective October 2, 2002.

These estimates do not include pre-judgement interest, do not take into account other

enforcement costs, including Department of Justice costs, and may be adjusted during the course

of a removal action. The estimates are for illustrative purposes only, and their use is not intended

to create any rights for responsible parties. Neither the lack of a total cost estimate nor the

deviation of actual total costs from this estimate will affect the United States' right to cost

recovery.

X. RECOMMENDATION

This decision document represents the selected removal action for the HAAs of the MDI

Superfund Site located in Houston, Harris County, Texas developed in accordance with

CERCLA as amended, and not inconsistent with the NCP. This decision is based on the

Administrative Record for the Site.

Conditions at the Site meet the criteria as defined by 40 CFR Section 300.415(b)(2) of the

NCP for a removal, and I recommend your approval of the proposed removal action. The total

project ceiling will be $1,253,457.26.

APPROVED -'/'T^izS, ^^^c^tO^ DATE

00000 9

032101
ATTACHMENT 2

Amendment to Original Action Memorandum

December 12, 2003

032102
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS, TX 75202-2733

MEMORANDUM

SUBJECT:

FROM:

TO:

THRU:

Amendment to the Action Memorandum at the High Access Areas of the Many

DiveisifiecHnterests^Inc. Superfund Site, Houston, Harris County, Texas

Gregory Fife, On-Scene Coordinator

Site Response Section (6SF-R2)

Myron O. Knudson, P.E., Director

Superfund Division (6SF)_ (/

Charles A. Gazda

Response and Pre ranch

I. PURPOSE

This memorandum documents your verbal approval for a ceiling increase and an

amendment to the Removal Action pursuant to the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. §§9601 et sec^, at the High

Access Areas of the Many Diversified Interests, Inc. Superfund Site ("MDI" or "Site") located in

Houston, Harris County, Texas. The proposed amendment involves the excavation and

consolidation of contaminated soil in 33 additional High Access Areas (HAAs) of the Site.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS # TX0002288082

Category of removal: Time Critical

SiteID#06FE

ooooo i

Internet Address (URL) - http://www.epa.qov/earthi r6/

Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

032103
A. Site Description

1. Removal site evaluation

See attached original Action Memorandum.

2. Physical location

The MD1 Site, located at 3617 Baer Street in Houston, Harris County, Texas is an

abandoned foundry facility located approximately 2 miles east of downtown Houston and east of

the intersection of Highway 59 and Interstate Highway 10. Attachment 2 has a topographic

layout of the Site. This portion of Houston is known as the "Fifth Ward." The MDI fenced

property occupies approximately 36 acres in an area of mixed industrial and residential land use.

The MDI property is bounded by Hare Street to the north; National Vinegar Company and Press

Street to the east; the former Texas & New Orleans Railroad right-of-way beyond the easement

to the south; and Bringhurst Street to the west. There are in excess of 10,000 people within a

mile of the Site, including several hundred children attending the local elementary school.

3. Site characteristics

There are approximately 59 High Access Areas at the Site with lead contamination

greater than the established 500 ppm action level. These HAAs include the Blance Kelso Bruce

Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and residential

properties. The properties were prioritized based on lead levels and presence of children on the

property. Priority One comprises of properties above 500 ppm lead with children less than 6

years old residing in these properties. Priority Two comprises of properties above 1000 ppm lead

with no children residing in these properties. Priority Three comprises of properties with 500 -

1000 ppm lead with no children less than 6 years old residing in these properties.

EPA's Response Action Contractor, Tetra Tech EM, Inc., conducted sampling activities

and found lead contamination is soil in residential areas of the Site. The area investigated was

determined by air modeling and includes areas within the 400 ppm isopleth. The soil in all the

HAAs exceeds 500 ppm and is as high as 2779 ppm

4. Releases or threatened release into the environment of a hazardous substance, pollutant

or contaminant

See attached original Action Memorandum

5. NPL status

See attached original Action Memorandum

00000 2

032104
6. Maps, Pictures and other graphic representations

Attachment 1 Original Action Memorandum

Attachment 2 MDI Site Topographic Map

B. Other Actions to Date

1. Previous actions

See original Action Memorandum.

2. Current actions

The EPA is currently performing an RI/FS at the Site. The purpose of the RI/FS is to

determine the nature and extent of contamination and to gather sufficient information about the

Site to support an informed risk management decision regarding which remedy is the most

appropriate for the Site. The EPA began remedial sampling activities at the Site in January 2003.

Removal Action currently being done at the site began on July 15, 2003. Following your

verbal approval of the ceiling increase and amended actions on September 8, 2003 , EPA began

work on the additional properties. Removal Action at most of Priority One and Priority Two

properties are complete. Removal Action is currently being done in Priority Three properties.

C. State and Local Authorities' Roles

1. State and local actions to date

See original Action Memorandum.

2. Potential for continued State/local response

See original Action Memorandum.

III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

A. Threats to Public Health or Welfare

The current conditions at the site meet the following factors which indicate that the site is

a threat to the public health, welfare and the environment and a removal action is appropriate

00000 3

032105
under §300.415(b)(2) of the National Contingency Plan. Any or all of these factors may be

present at a site yet any one of these factors may determine the appropriateness of a removal

action.

1. Exposure to Human Populations, Animals or the Food Chain, NCP Section

300.415 (b)(2)(i)

See original Action Memorandum.

2. Contaminants in Soil; NCP Section 300.415 (b)(2)(iv)

The soils in the HAAs exceed the action levels established to protect the human

population. Lead was found in concentrations up to 1,899 ppm. The soil at the Blance Kelso

Bruce Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and

residential properties have lead contamination in soil exceeding the response action level.

3. Weather Conditions That May Cause Hazardous Substances or Pollutants or

Contaminants to Migrate or be Released. NCP Section 300.415 (b)(2)(v)

See original Action Memorandum.

4. Availability of Other Mechanisms, NCP Section 300.415 (b)(2)(vii)

See original Action Memorandum.

B. Threats to the Environment

See original Action Memorandum.

V. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from

this Site, if not addressed by implementing the response action in this amendment, may present

an imminent and substantial endangerment to the public health, welfare, or the environment.

00000 4

032106
VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

See original Action Memorandum.

2. Contribution to remedial performance

See original Action Memorandum.

3. Description of alternative technologies

See original Action Memorandum.

4. Applicable or relevant and appropriate requirements

See original Action Memorandum.

5. Project schedule

The duration of activities is expected to be an additional two months (5 months total),

depending upon weather conditions and scheduling, and the availability of disposal contractors

and others.

B. Estimated Costs

Extramural Costs

Cleanup Contractor $850,000

START $600,000

Previous Costs $353,457.26

TOTAL, EXTRAMURAL COSTS $1,803,457.26

000005

032107
VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

See original Action Memorandum.

VIII. OUTSTANDING POLICY ISSUES

See original Action Memorandum.

IX. ENFORCEMENT

Also see original Action Memorandum.

(Direct Cost) + (Other Direct) + (42.14% of Total Direct {Indirect Cost}) = Estimated

EPA Cost for a Removal Action

($1,803,457.26) + ($180,346) + (42.14% x 1,983,803.26) = $2,819,777.95

Also see original Action Memorandum.

X. RECOMMENDATION

This decision document represents the selected removal action for the HAAs of the MDI

Superfund Site located in Houston, Harris County, Texas developed in accordance with

CERCLA as amended, and not inconsistent with the NCP. This also documents your verbal

approval for the ceiling increase and the amended action on September 8, 2003 This decision is

based on the Administrative Record for the Site.

Conditions at the Site meet the criteria as defined by 40 CFR Section 300.415(b)(2) of the

NCP for a removal. The total project ceiling will be $1,803,457.26.

APPROVED (y^y < U^ V /<7 y DATE 12-//Z/03

Attachments

00000 6

032108
ATTACHMENT 3

Amendment No. II to Original Action Memorandum

July 28, 2005

032109
\

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS, TX 75202-2733

MEMORANDUM

SUBJECT:

FROM:

TO:

THRU:

Request for Ceiling Increase and Amendment to the Action Memorandum at the

High Access Areas of the Many Diversified Interests. Inc. (MD1) Superfund Site,

Houston. Harris County, Texas

jregory Fife. On-Scene Coordinator

Site Response Section (6SF-R2)

Samuel Coleman. P.E., Director

Superfund Division (6.SF)

\ agan BroyTes, Chief

Response and Prevention Branch (6SF-R)

I. PURPOSE

This memorandum requests a ceiling increase and an amendment to the Removal Action

pursuant to the Comprehensive Environmental Response. Compensation and Liability Act

(CERCLA), as amended, 42 U.S.C. §§9601 et setj,. at the High Access Areas of the Many

Diversified Interests. Inc. Superfund Site ("MDI" or "Site") located in Houston, Harris County.

Texas. The proposed amendment involves the excavation and consolidation of contaminated soil

in one additional High Access Area (HAA) of the Site.

IT SITE CONDITIONS AND BACKGROUND

CERCIJS # TX0002288082

Category of removal: Time Critical

Site ID # 06FE

Internet Addiess (URL) • http/Avww epa.gov

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer)

032110
A Site Description

1. Removal site evaluation

See attached original Action Memorandum (Attachment 1).

2. Physical location

The MD1 Site, located at 3617 Baer Street in Houston. Harris County, Texas is an

abandoned foundry facility located approximately 2 miles east of downtown Houston and east of

the intersection of Highway 59 and Interstate Highway 10. Attachment 3 has a topographic layout

of the site. This portion of Houston is known as the "Fifth Ward." The MDI fenced property

occupies approximately 36 acres in an area of mixed industrial and residential land use. The MD]

property is bounded by Hare Street to the north: National Vinegar Company and Press Street to

the east; the former Texas & New Orleans Railroad nght-of way beyond the easement to the

south; and Bringhurst Street to the west. There are in excess of 10,000 people within a mile of the

Site, including several hundred children attending the local elementary school.

3. Site characteristics

There were approximately 59 High Access Areas at the Site with lead contamination

greater than the established 500 ppm action level. These HAAs include the Blance Kelso Bruce

Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and residential

properties. The properties were prioritized based on lead levels and presence of children on the

property. Priority One comprised of properties above 500 ppm lead with children less than 6

years old residing at these properties. Priority Two comprised of properties above 1000 ppm lead

• with no children residing in these properties. Priority Three comprised of properties with 500 -

1000 ppm lead with no children less than 6 years old residing at these properties.

EPA's Response Action Contractor, Tetra Tech EM, Inc., conducted sampling activities

and found lead contamination is soil in residential areas of the Site. The area investigated was

determined by air modeling and includes areas within the 400 ppm isopleth. The soil in all the

HAAs exceeds 500 ppm and is as high as 6298 ppm.

One additional HAA, comprising of several yards in the housing complex, has been

identified for clean-up based on re-evaluation of information for the HAA.

4. Releases or threatened release into the environment of a hazardous substance, pollutant

or contaminant

See attached original Action Memorandum.

032111
5. NPL status

See attached original Action Memorandum.

6. Maps? Pictures and other graphic representations

Attachment 1 Original Action Memorandum

Attachment 2 Amendment to Original Action Memorandum

Attachment 3 MD] Site Topographic Map

B. Other Actions to Date

J. Previous actions

See original Action Memorandum and Amendment to the Original Action Memorandum

(Attachment 2).

2. Current actions

The EPA conducted an Rl/FS at the Site. The purpose of the RI/FS was to determine the

nature and extent of contamination and to gather sufficient information about the Site to support

an informed risk management decision regarding which remedy is the most appropriate for the

Site. The EPA began remedial sampling activities at the Site in January 2003.

The Removal Action at the site began on July 15, 2003. Following the approval of the

ceiling increase and amended actions on September 8, 2003, EPA completed removal action at

additional properties. Removal Action at Priority One, Priority Two. and Priority Three

properties have been completed.

Recent re-evaluation of the information at one of the HAAs, comprised of several yards in

the housing complex, indicated the need for a removal action at this property.

C. State and Local Authorities'Roles

1. State and local actions to date

See original Action Memorandum.

2. Potential for continued State/local response

See original Action Memorandum.

032112
111. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT. AND

STATUTORY AND REGULATORY AUTHORITIES

A. Threats to Public Health or Welfare

The current conditions at the site meet the following factors which indicate thai the site is

a threat to the public health, welfare and the environment and a removal action is appropriate

under §300.4 J5(b)(2) of the National Contingency Plan. Any or all of these factors may be

present at a site yet any one of these factors may determine the appropriateness of a removal

action.

I. Exposure to Human Populations, Animals or the Food Chain, NCP Section 300.415

See original Action Memorandum.

2. Contaminants in Soil: NCP Section 300.415 (b)(2)(iv)

The soils in the HAAs exceed the action levels established to protect the human

population. Lead was found in concentrations up to 6298 ppm. The soil at the Blance Kelso

Bruce Elementary School, the Fifth Ward Multi-purpose Community Center, a church, a housing

complex, and residential properties have lead contamination in soil exceeding the response action

level.

3. Weather Conditions That May Cause Hazardous Substances or Pollutants or

Contaminants to Migrate or be Released. NCP Section 300.415 (b)(2)(v)

See original Action Memorandum.

4. Availability of Other Mechanisms. NCP Section 300.415 (b)(2)(vii)

See original Action Memorandum.

B. Threats to the Environment

See original Action Memorandum.

V. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from

this .Site, if not addressed by implementing the response action in this amendment, may present an

imminent and substantial endangerment to the public health, welfare, or the environment.

032113
VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

See original Action Memorandum.

2. Contribution to remedial performance

See original Action Memorandum.

3. Description of alternative technologies

See original Action Memorandum.

4 Applicable or relevant and appropriate requirements

See original Action Memorandum.

5. Project schedule

The duration of activities at the yards in the housing complex is expected to be one month,

depending upon weather conditions and scheduling, and the availability of disposal contractors

and others.

Estimated Costs

EXTRAMURAL COSTS

Current Proposed

Ceiling Ceiling

Cleanup Contractor $ 850,000 $ 980,000

START $ 600,000 $ 610,000

Previous Costs $ 353,457.26 $ 353.457.26

TOTAL. EXTRAMURAL COSTS $1,893,457.26 $1,943,457.26

032114
VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

See original Action Memorandum.

VIII. OUTSTANDING POLICY ISSUES

See original Action Memorandum.

IX. ENFORCEMENT

Also see original Action Memorandum.

(Direct Cost) + (Other Direct) + (37% of Total Direct {Indirect Cost}) =

Estimated EPA Cost for a Removal Action

($1,943,457.26) + ($194346) + (37% x 2,137.803.26) = $2,928,790.20

Also see original Action Memorandum and Amendment to Original Action Memorandum.

X. RECOMMENDATION

This decision document represents the selected removal action for one additional HAA of

the MDI Superfund Site located in Houston, Harris County. Texas developed in accordance with

CERCLA as amended, and not inconsistent with the NCP. This decision is based on the

Administrative Record for the Site.

Conditions at the Site meet the critena as defined by 40 CFR Section 300.415(b)(2) of the

NCP for a removal. 1 recommend your approval of the proposed removal action. The total

project ceiling will be $2,928,790.20

APPROVED "T^y^V.. \WJle ^ \^.Sbv\ btemfta DATE

Attachments

032115
A Hack rnen~L

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

i Li-, nos:; AVf NUI . :>uiu i;->oo

DAI I AS, IX 7.rvW-:?733

MEMORANDUM

SUBJECT: Request for a Removal Action and Waiver to the Twelve Month Statutory Liinit

at the High Access Areas of the Many Diversified Interests, Lac. Superfund Site,

Houston, Harris Coimty, Texas

FROM Rafael Abrego Casnova, Remedial Project Manager

Stacey Bennett, Remedial Project Manager

C, Gregory Fife, On Scene Coordinator^ \^JAAA4- 1

Sue Response Section (6SF-R2) /

TO:

THRU:

Myron O. Knudson, P.E., Director

Superfund Division (6SF)

Charles A. Gazda, Chief Q

Response and Prevention Branch (6SF-R)

I. PURPOSE

This memorandum requests approval for a RernovaJ Action pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act (CBRCLA), as

amended, 42 U.S.C. §§9601 et sec)., at the High Access Areas of the Many Diversified Interests,

Inc.. Superfund Site ("MOl" or "Site") located in Houston, Harris County, Texas. The proposed

action involves the excavation and consolidation of contaminated soiJ in High Access Areas

(HAAs)of the Sue

This action meets the criteria for initiating a removal action under the National

Contingency Plan (NCP), 40 CFR §300 415 Tins action is expected to require less than $2

million to complete Previous actions took place from November 2, 1998 to September 30. 1999

Hence, the actions proposed in tins memorandum will exceed the 12 month lapse time from the

date of the initial response The Action Memorandum for the previous actions taken is in

Attachment 1

lull IIK I Ailific:.:, (UHI ) hMp^vwww ej).i qi>v/eaith_M)/

Ref y( Ipd-'Rc (yfj.thli- fnnfi •<} with Vr'gi>tat)lt* O^ Ba^ed tnf*s on flpfyrled P^pei |M(n»nn>rn 3"f

( ,

032116
II SITE CONDITIONS AND BACKGROUND

(TRCL1S #TX000^288O82

Category of removal June Critical

Site ID ff 06IT:

A vSite Description

1. Removal site evaluation

In 1926, the Texas Electric Steel Casting Company (TESCO) began operations as a metal

casting foundry. TESCO primarily inaniifactured specialty molded parts such as large wheels,

tracks, and mining equipment The process area consisted of casting plants. Both plants

majutained separate sand systems, core ovens, mold makes, electric arc furnaces, pouring

facilities, and cleaning, annealing and heat treating process areas

During the mid 1980s, the southern portion of the Site was leased to Can-Am Resource

Group (Can Am) Can Am conducted a spent catalyst recycling operation using an experimental

process Can-Am reportedly obtained between 2,000 and 4,000 drums of spent catalyst from

chemical plants and refineries along the Houston Ship Channel. Byl 988, Can-Am ceased

operations and abandoned the drums of spent catalyst on the Sjte.

In 1990, MD1 bought the TESCO note form tl)e Texas Commerce Bank. TESCO ceased

operations in February 1991, and MD1 foreclosed on (he property. MD1 reopened as the San

Jacinto Foundry (SJF) on March ], 1991 SJFcontinued operations until about June 1, 1992

MD1 filed for Chapter 7 Bankruptcy in the US Bankruptcy Court for the Southern District of

Texas on May 1992. The on site facilities were demolished as a salvage operation under order of

the US. Bankruptcy Court between March 1995 and January 1996.

In 1998 and 1999, the Potentially Responsible Parties removed over 5,000 drums

containing waste materials, with EPA's oversight The TCEQ conducted a removal and

resioiation of 89 residential yards to the west anil north of the MD1 facility. The removal action

was conducied to remove surface soil with concentrations of lead that equaled or exceeded 500

parts per million (ppm) to reduce the exposure to lead

2. Physical location

'Plie MD1 Site, located at 3617 Baei Street in Houston, Harris County, Texas is an

abandoned foundry facility located approximately 2 miles east of downtown Houston and east of

the intersection of Highway 59 and Interstate Highway 10 Attachment 2 has a topographic

layout of the Sue This portion of Houston is known as the "Fifth Ward." 71ie MDJ fenced

property occupies approximately 36 acres in an area of mixed industrial and residential land use.

The MDl property is bounded by Hare Street to the north; National Vinegar Company and Press

Slicct to the east, the former Texas «*£' New Oileans Railroad right of way lieyond the easement

032117
to the south, and Bringbursl Street to the west J"here are JD excess of 10,000 people within a

nuk" o/ the Site, including several hundred children attending the local elementary school

3 Site characteristics

There are approximately 33 High Access Areas at the Site with lead contamination

greater than the established 500 ppm action level. These HAAs include the BJance Kelso Bruce

Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and

approximately 30 residential properties. The school is located one block west of the MD1 Site

Attachment 3 has the layout of the elementary school.

EPA's Response Action Contractor, Tetra Tech EM, Inc., conducted sampling activities

and found lead contamination is soil in residential areas of the Site. The area investigated was

determined by air modeling and includes areas within the 400 ppm isopjelh. The soiJ in all the

U A As exceeds 500 ppm and is as high as 1899 ppm

4 Releases or threatened release into the environment of a hazardous substance, pollutant

or contaminant

Lead is the primary contaminant of concern at the Site. Lead is a designated hazardous

substance as defined in Section J0I(J4) of CERCLA, 42 US C.§9601(14), and 40 CFR §302 4.

Analytical data shows that lead at concentrations ranging from 511 to j,899 ppm are present in

the soils (surface to 18 inches) at the Site. Lead is known to cause primarily neurological

damage in humans as the result of ingestiori of the metal. Children are the most susceptible

group of people to the adverse effects of lead. Attachment 5 has the ToxFaQs for Lead

5. NPL status

The "Final Rule" adding the Site to the National Priorities List was published in the

Federal Register on January 15, 1999 A Record of Decision, describing the chosen remedial

action, has not been issued for the Site; however, this proposed removal action will be consistent

with any subsequent remedial activities that may be taken at the Site

6. Maps, Pictures and other graphic representations

Attachment 1 Previous Action Memorandum

Attachment 2 MDJ Site Topographic Map

Attachment 3 Bruce Elementary School Layout

Attachment 4 Enforcement Attachment

Attachment 5 ToxFaQs for Lead

032118
B. Other Actions to Date

1 Previous actions

In 1998 and 1999, the Potentially Responsible Parties removed over 5,000 drums

containing waste materials, with the EPA's oversight The TCEQ completed a removal and

restoration in 1999 of 89 residential yards to the west and north of the Site. The removal action

was conducted to remove surface soil with concentrations of lead that equaled or exceeded 500

ppm to reduce the exposure to lead.

2 Current actions

The EPA is currently performing an Rl/FS at the Site The purpose of the RJ/PS is to

determine the nature and extent of contamination and to gather sufficient information about the

Site to support an informed risk management decision regarding which remedy is the nxjst

appropriate for the Site. The EPA began remedial sampling activities at the Site in January 2003.

C. vState and Local Authorities' Roles

1. State and JocaJ actions to date

The State of Texas, through the TCEQ, was significantJy involved in the previous

activities at the Site and continues to provided technical assistance during the Rl/FS 1 he TCKQ

conducted a Preliminary Assessment in November 1995 and a Screening Site Inspection in

January J996 Further, the TCEQ entered into a contract with EPA in March 31, 1999, to

conduct a June Critical Removal Action for the off site portion of the Site under the State

Removal Pilot Program

2. Potential for continued State/local response

The TCEQ will continue to provide leclmicaJ assistance to the EPA during the Rl/FS for

the Site. The Texas Department of Health is currently gathering data concerning the historical

and recent blood lead studies conducted at the Site and plans to provide information to the public

during the upcoming public meetings.

III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

A Threats to Public Health or Welfare

032119
The current conditions at the site meet the following factors which indicate that the site is

a threat to the public health, welfare and the envijonment and a removal action is appropriate

under §300 415(b)(2) of the National Contingency Plan Any or all of these factors may be

present at a site yet any one of these factors may determine the appropriateness of a removal

action

J. Exposure to Human Populations, Animals or the Pood Chain, NCP Section

300.415 (b)(2)(i)

The soils in the HAAs of the Site contain lead concentrations that range from 511 to

1,899 ppn% based on recent data (additional data i being reviewed and validated). The EPA's

goal at lead sites is to attempt to limit exposure to soil lead levels such that a typical child or

group of similarly exposed children would have an estimated risk of no more than 5% of

exceeding a 10 fig/dl blood lead level The 500 pprn removal action level meets the 5%

IxjDclunark, based on the experience gained from other lead sites in EPA Region 6. The Center

for Disease Control considers the 10 |ig/dl blood lead level as elevated for young children The

EPA lxTieves lhat the lead in these soils is attributable to the historical foundry operations as well

as oilier possible sources. Exposure to animals and food chain receptors are not known at this

time. This information will be gathered during the ongoing RJ/FS for the .Site

2. Contaminants in Soil; NCP Section 300.415 (b)(2)(iv)

The soils in the UAAs exceed the action levels established to protect the human

population. Lead was found in concentrations up to 1,899 ppm The soil at the Blance Kelso

Bruce Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and

approximately 30 residential properties have lead contamination in soil exceeding Ihe response

action level.

3. Weather Conditions That May Cause Hazardous Substances or Pollutants or

Contaminants to Migrate or be Released NCP Section 300.415 (b)(2)(v)

The area is subject to hurricanes, Hooding and other severe weather. The severe flooding

events could easily transport contaminated soil within the residential areas

4. Availability of Other Mechanisms, NCP Section 300.4 15 (b)(2)(vii)

At this time, there are no othei mechanisms available to respond to the evacuation of soil

contaminated with lead

B. Threats to the Environment

032120
llje proposed action to be taken during this response is designed to address a public

health threat resulting from the contaminated soils within the residential areas of the Site. These

actions, although not specifically designed to do so, will significantly reduce or mitigate any

potential ecological threats

IV. CRITERIA FOR AN EXEMPTION FROM STATUTORY LIMITS

Consistency Exemption

Section 104 (c)( l)(c) limits Fund financed removal action to under $2 million and twelve months

in duration unless the Agency determines that continued response action are otherwise

appropriate and consistent with the remedial action to be taken. The actions proposed in this

memorandum is expected to require less than $2 million to complete Previous actions took

place from November 2, 1998 to September 30, 1999. Hence, the actions proposed in this

memorandum will exceed the J2 month lapse time from the date of the initial response Also, the

actions proposed within this Action Memorandum are appropriate, consistent, arid do not hinder

any additional conceivable future remedial actions to be taken. The Site was added to the NPL

on January 15, 1999 The actions proposed m this Action Memorandum will prevent direct

human contact with the contaminated soils All surface and subsurface contaminated soils will

be excavated and will be stored on-site If this Action Memorandum LS approved, actions vvili be

taken to remove contaminated soil from the High Access Areas. AJI these action have been

closely coordinated with the Remedial Project Managers and are consistent with the planned

remedial action for the site

V. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from

this Site, U not addressed by implementing the response action selected in this Action

Memorandum, may present an imminent and substantial endangerment to the public health,

welfare, or the environment

VI. PROPOSED ACTIONS AND ESTIMATED COSTS'

A. Proposed Actions

1. Proposed Action Description

The proposed action for the Site involves the removal of soils contaminated with lead

from the UAAs at the Site Soil with lead contamination greater than 500 ppm will be excavated.

The areas will be backfilled to proper grade and sodded The contaminated soil will be placed at

the MD1 Site Sidewalks, driveways, and other such structures will be replaced with comparable

structures according to local codes Other items removed or damaged as a result of the removal

action will lx> replaced or compensation will be given in accordance with 1*PA policy at the

032121
appraised value

It is critical to conduct the action at the Blance Kelso Bruce Elementary School in July to

coincide with school closing. Other activities wiJl be conducted to facilitate interaction with the

public

2 Contribution to remedial performance

The proposed action is consistent with any future remedial response at this Site since the

response action constitutes contaminant removal

3 Description of alternative technologies

'JTiere are no alternative technologies that could feasibly be applied.

4 Applicable or relevant and appropriate requirements

This removal action will be conducted to eliminate the actual or potential release of a

hazardous substance, pollutant, or contaminant to the environment, pursuant to CERCLA, 42

U.S.C § 9601 et seg., and in a manner consistent with the National Contingency Plan, 40 CFR.

Part 300, as required at 33 U.S.C. § J321(c)(2) aud 42 U.S.C § 9605. Pursuant to 40 CFR Part

300.415(1), fund financed removal actions under CERCLA § 104 and removal actions pursuant

to CERCLA § 106 shall, to the extent practicable considering the exigencies of the situation,

attain the applicable or relevant and appropriate requirements under Federal environmental law.

If consolidation and off-site disposal are tl)e principal elements of this removal action,

RCRA waste analysis requirements found at 40 CFR §§ 261.20 and 261.30, RCRA manifesting

requirements found at 40 CFR § 262 20, and RCRA packaguig and labeling requirements found

at 40 CFR § 262.30 are deemed to be appropriate requirements for this removal action

Applicable RCRA requirements for landfill closure, 40 CFR § 264. II J, Subpart G, may apply,

which specify a cap with a permeability less than or equal to ilie permeability of any bottom liner

or natural sub-soils present at the plant site. In addition, applicable specific closure requirements

which are provided for surface impoundments, 40 CFR § 264.228, Subpart K, and applicable

requirements for landfills, 40 CFR § 264 310, Subpart N may also apply. Post closure and

monitoring requirements may be applicable, 40 CFR § 264.117(a)( 1), as well as RCRA

requirements for location of a Transportation, Storage or Disposal facility in a 100-year flood

plain, 40 CFR § 264.18 and 40 CFR 6, Appendix A The selected removal action does not

trigger placement under the RCRA Land Disposal Restrictions, since all waste will be moved

only within the area of contamination or RCRA unit, 55 fed. Reg 8760 (March 8, 1990)

Ambient air quality standards at 40 CFR 50 will be used, as applicable, to protect the quality of

air during the implementation of the action.

032122
5- Project schedule

The duration of activities is expected to be three months, depending upon weather

conditions and scheduling, and the availability of disposal contractors and others. Hie response

at the school must be conducted m July and coordinated wjth the principal.

B. Estimated Costs

Extramural Costs

Cleanup Contractor $600,000

START $300,000

Previous Costs >.. $353,457.26

TOTAL, EXTRAMURAL COSTS $1,253,457.26

VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

Should tlie actions described m this Action Memorandum be delayed or not taken, the

soils contaminated with lead will continue to contribute to the direct exposure of children and

adults The soils in the HAAs of the Site contain lead concentrations that range from 51 ] to

1,899 ppm, based on recent data (additional data is being reviewed and validated).

VIII. OUTSTANDING POLICY ISSUES

There are no outstanding policy issues associated with ibis removal action or the Site.

IX. ENFORCEMENT

For administrative purposes, information concerning confidential enforcement strategy

for this sile is contained in the Enforcement Confidential Attachment 4.

(Direct Cost) + (Other Direct) \ (42 14% of Total Direct {Indirect Cost}) = Estimated

EPA Cost for a Removal Action

(51,253,457.26) + ($125,346) + (42.14% x 1,378,803.26) = $1,959,830.95

Direct costs include direct extramural costs and direct intramural costs Indirect costs are

calculated based on an estimated indirect cost rate expressed as a percentage of site-specific

032123
direct costs, consistent with the full cost accounting methodology effective October 2, 2002

These estimates do not include pre-judgement interest, do not take into account other

enforcement costs, including Department of Justice costs, and may be adjusted during the course

of a removal action. The estimates are for illustrative purposes only, and their use is not intended

to create any rights for responsible parties Neither the lack of a total cost estimate nor the

deviation of actual total costs from this estimate will affect the United vStates' right to cost

recovery.

X. RECOMMENDATION

This decision document represents the selected removal action for the HAAs of the MDl

Superfund Site located in Houston, Harris County, Texas developed in accordance with

CERCLA as amended, and not inconsistent with the NCP. Iliis decision is based on the

Administrative Record for the Site.

Coixiitions at the Site meet the criteria as defined by 40 CFR Section 300.415(b)(2) of the

NCP for a removal, and 1 recommend your approval of the proposed removal action The total

project ceiling will be $1,253,457.26.

APPROVED ^^T^^C^J^^ ^ DATE

032124
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGIONS

ROSS AVENUE, SUITE 1200

DALLAS. TX 7520? ?733

MEMORANDUM

SUBJECT: Amendment to the Action Memorandum at the High Access Areas of the Many

Divej^ifietHnterests^lnc. Superfund Site. Houston, Hams County. Texas

FROM: / w Gregory Fife, On-SceneCoordinator

Site Response Section (6SF-R2)

TO:

THRU

Myron O. Knudson, P.E., Directed <

Superfund Division (6SF) U

Charles A Gazda

Response and Pre

I. PURPOSE

This memorandum documents your verbal approval for a ceiling increase and an

amendment to the Removal Action pursuant to the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA), as amended. 42 U.S.C. §§9601 et seq., at the High

Access Areas of the Many Diversified Interests, Inc. Superfund Site ("MD1"' or "Site") located in

Houston, Harris County. Texas. The proposed amendment involves the excavation and

consolidation of contaminated soil in 33 additional High Access Areas (HAAs) of the Siie

11. SITE CONDITIONS AND BACKGROUND

CERCLJS # TX0002288082

Category of removal: Time Critical

Site ID#06FE

Internet AtJdioss (UHl f n'2p www ep;»^qov.earthitb

ryrlnNe f-nnif ri with Veijel.'it -Ic (til f(;i5 .ftj Ink?, on Rei • y( led I'npri (Minimum 'MY •• F 'O',k i>n:-uiin

032125
A Site Description

1 Removal site evaluation

See attached original Action Memorandum

2 Physical location

The MDJ Site, located at 3617 Baer Street in Houston, Harris County, Texas is an

abandoned foundry facility located approximately 2 miles east of downtown Houston and east of

the intersection of Highway 59 and Interstate Highway 10. Attachment 2 has a topographic

layout of the Site Tins portion of Houston is known as the "Fifth Ward." The MDJ fenced

property occupies approximately 36 acres in an area of mixed industrial and residential land use.

The MDJ property is bounded by Hare Street to the north; National Vinegar Company arid Press

Street to the east; the former Texas & New Orleans Railroad right-of-way beyond the easement

to the south; and Bringhurst Street to the west. There are in excess of 10,000 people within a

mile of the Site, including several hundred children attending the local elementary school.

3. Site characteristics

There are approximately 59 High Access Areas at the Site with lead contamination

greater than the established 500 ppm action level These HAAs include the Blance Kelso Bruce

Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and residential

properties The properties were prioritized based on lead levels and presence of children on the

property. Priority One comprises of properties above 500 ppm lead with children less than 6

years old residing in these properties. Priority Two comprises of properties above 1000 ppm lead

with no children residing in these properties Priority Three comprises of properties with 500 -

1000 ppm lead with no children less than 6 years old residing in these properties.

EPA's Response Action Contractor, Tetra Tech EM. Inc., conducted sampling activities

and found lead contamination is soil in residential areas of the Site. 'The area investigated was

dekimined by air modeling and includes areas within the 400 ppm isopleth. The soil in all the

UA As exceeds 500 ppm and is as high as 2779 ppm

4 Releases or threatened release into the environment of a hazardous substance, pollutant

or contaminant

See attached original Action Memorandum

5 NPL status

See attached original Action Memorandum.

032126
6. Maps, Pictures and other graphic representations

Attachment J Original Action Memorandum

Attachment 2 MDJ Site Topographic Map

B. Other Actions to Date

1. Previous actions

See original Action Memorandum.

2. Current actions

The EPA is currently performing an RJ/FS at the Site. The purpose of the Rl/FS is to

determine the nature and extent of contamination and to gather sufficient information about the

Site to support an informed risk management decision regarding which remedy is the most

appropriate for the Site The EPA began remedial sampling activities at the Site in January 2003.

Removal Action currently being done at the site began on July 15, 2003. Following your

verbal approval of the ceiling increase and amended actions on September 8, 2003 , EPA began

work on the additional properties Removal Action at most of Priority One and Priority Two

properties are complete. Removal Action is currently being done in Priority Three properties.

C. Stale and Local Authorities' Roles

1. State and local actions to date

See original Action Memorandum.

2. Potential for continued State/local response

See original Action Memorandum.

JIJ. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

A Threats to Public Health or Welfare

The current conditions at the site meet the following factors which indicate that the site is

a threat to the public health, welfare ami the environment and a removal action is appropriate

032127
under §300.415(b)(2) of the National Contingency Plan. Any or all of these factors may be

present at a site yet any one of these factors may determine the appropriateness of a removal

action.

1. Exposure to Human Populations, Animals or the Food Chain, NCP Section

300.415 (b)(2)(i)

See original Action Memorandum.

2. Contaminants in Soi); NCP Section 300.415 (b)(2)(iv)

The soils in the HAAs exceed the action levels established to protect the human

population. Lead was found in concentrations up to 1,899 ppm. The soil al the Blance Kelso

Bruce Elementary School, the Fifth Ward Multi-purpose Community Center, a church, and

residential properties have lead contamination in soil exceeding the response aetion level.

3 Weather Conditions That May Cause Hazardous Substances or Pollutants or

Contaminants to Migrate or be Released. NCP Section 300.415 (b)(2)(v)

See original Action Memorandum.

4. Availability of Other Mechanisms, NCP Section 300.4 J 5 (b)(2)(vii)

See original Action Memorandum.

B Threats to the Environment

See original Action Memorandum.

V. ENDANGERMENT DETERMINATION

Actual or threatened releases of hazardous substances, pollutants or contaminants from

this Site, if not addressed by implementing the response action in this amendment, may present

an imminent and substantial endangerment to the public health, welfare, or the environment

032128
M. PROPOSED ACTJONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed Action Description

See original Action Memorandum.

2. Contribution to remedial performance

See original Action Memorandum.

3. Description of alternative technologies

See original Action Memorandum.

4. Applicable or relevant and appropriate requirements

See original Action Memorandum.

5. Project schedule

The duration of activities is expected to be an additional two months (5 months total),

depending upon weather conditions and scheduling, and the availability of disposal contractors

and others

B Estimated Costs

Extramural Costs

Cleanup Contractor $850,000

START $600,000

Previous Costs $353,457.26

TOTAL. EXTRAMURAL COSTS $1,803,457.26

032129
VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

See original Action Memorandum.

VJJJ. OUTSTANDING POLICY ISSUES

See original Action Memorandum.

IX. ENFORCEMENT

Also see original Action Memorandum.

(Direct Cost) + (Other Direct) + (42J4% of Total Direct {Indirect Cost}) = Estimated

EPA Cost for a Removal Action

($1,803,457.26) 4 ($180,346) + (42.14% x 1.983.803.26) = $2,819,777.95

Also see original Action Memorandum.

X. RECOMMENDATION

This decision document represents the selected removal action for the HAAs of the MD1

Superfund Site located in Houston, Harris County, Texas developed in accordance with

CERCLA as amended, and not inconsistent with the NCP. This also documents your verbal

approval for the ceiling increase and the amended action on September 8. 2003 This decision is

based on the Administrative Record for the Site

Conditions at the Site meet the criteria as defined by 40 CER Section 300.415(b)(2) of the

NCP for a removal. The total project ceiling will be $1,803,457.26

APPROVED [y\y ' U^/V /sy V DATE

Attachments

032130
032131
ATTACHMENT 4

MDI Site Topographic Map

032132
SITELOCABON

N

1 1 1

1OOO

I 1

0.5

0

1 1 i

1

1000

SCALE

1 1

2000

1 :

0

13000

|

24000

4000 6000 6000

1

7000 FEET

1 MILE

Ecology and Environment, Inc.

Region 6 START

TDD# S06-96-02-0013 CASE#F96-1619

SOURCE = SETTEGAST QUADRANGLE

U.S.G.S 7.5 Minute Series (Topographic)

ATTACHMENT 3: MDI Site

Houston, Harris County, Texas

C:\ANGEIS\COREIWIDI-SITEMAP.CDR

032133