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[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47205-47210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18875]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0003; FRL 9842-7]

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Direct Deletion of the Imperial Refining 
Company Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final Notice of Deletion of the Imperial Refining 
Co. Superfund Site located in Ardmore, Carter County, Oklahoma, from 
the National Priorities List (NPL). The NPL, promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of Oklahoma, through the Oklahoma Department 
of Environmental Quality (ODEQ), because EPA has determined that all 
appropriate response actions under CERCLA, other than operation, 
maintenance, and five-year reviews have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 19, 2013 
unless EPA receives adverse comments by September 4, 2013. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2000-0003, by one of the following methods:
    http://www.regulations.gov: Follow internet on-line 
instructions for submitting comments.
     Email: Brian W. Mueller, mueller.brian@epa.gov.
     Fax: 214-665-6660.
     Mail: Brian W. Mueller; U.S. Environmental Protection 
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite 
1200; Dallas, Texas 75202-7167.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733; 
Contact: Brian W. Mueller (214) 665-7167. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-AFUND-
2000-0003. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and

[[Page 47206]]

made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
 U.S. Environmental Protection Agency, Region 6; 1445 Ross 
Avenue, Suite 700; Dallas, Texas 75202-2733; hours of operation: Monday 
through Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.. 
Contact: Brian W. Mueller (214) 665-7167.
 Ardmore Public Library; 320 E. Street NW.; Ardmore, Oklahoma 
73401; Hours of Operation: Monday through Thursday 10:00 a.m. until 
8:30 p.m.; Friday through Saturday, 10:00 a.m. until 4:00 p.m.; Sunday 
1:00 p.m. until 5:00 p.m.
 Oklahoma Department of Environmental Quality; 707 N. Robinson, 
2nd floor: Oklahoma City, Oklahoma 73102; Hours of operation: Monday 
through Friday 8:00 a.m. until 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Brian W. Mueller, Remedial Project 
Manager; U.S. Environmental Protection Agency, Region 6; Superfund 
Division (6SF-RL); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733, (214) 665-7167; email: mueller.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 6 is publishing this direct final Notice of Deletion of 
the Imperial Refining Co. Superfund Site (Site), from the National 
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 
300 which is the Oil and Hazardous Substances Pollution Contingency 
Plan (NCP), which EPA promulgated pursuant to Section 105 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) of 1980, as amended. EPA maintains the NPL as the list of 
sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
As described in 300.425(e)(3) of the NCP, sites deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 19, 2013 unless EPA 
receives adverse comments by September 4, 2013. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent for 
Deletion in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent for Deletion and 
the comments already received. There will be no additional opportunity 
to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Imperial Refining Co. 
Superfund Site and demonstrates how it meets the deletion criteria. 
Section V discusses EPA's action to delete the Site from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the deletion of the Site:
    (1) EPA has consulted with the state of Oklahoma prior to 
developing this direct final Notice of Deletion and the Notice of 
Intent for Deletion co-published in the ``Proposed Rules'' section of 
the Federal Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the state, through the ODEQ, has concurred on 
this deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent for Deletion is being published in a major local newspaper, the 
Daily Ardmoreite. The newspaper announces the 30-day public comment 
period concerning the Notice of Intent for Deletion of the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of

[[Page 47207]]

the Notice of Intent for Deletion and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for further response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL.

Site Background and History

    The Imperial Refining Co. Superfund Site (CERCLIS ID OK0002024099) 
is the location of a former petroleum refinery that operated from 1917 
to 1934 in Ardmore, Carter County, Oklahoma. The numerous tanks and 
most of the buildings that were present on the Site during the 
refinery's operation were dismantled between 1934 and 1948, leaving the 
property as mixed wooded areas and open fields. No records have been 
found that describe the types of activities that took place on the Site 
after 1934. Currently, the land is privately owned by the Hogan Family, 
L.L.C., and no commercial activities are taking place at the Site. The 
legal description for the property is SE \1/4\, NE \1/4\, Section 20, 
and SW \1/4\, NW \1/4\, Section 21, T4S, R2E, Indian Meridian, which is 
located within the northeastern portion of the City of Ardmore, Carter 
County, Oklahoma (Figure 1). The Site is divided into three parcels: 
the West (36.5 acres), East (14.5 acres) and East Railroad (21 acres). 
The Site covers approximately 72 acres and is bisected by U.S. Highway 
142 and railroad tracks operated by the BNSF Railway Company. The 
adjacent property to the north and east of Hwy 142 is occupied by a 
facility that manufactures roofing shingles. Waste-water processing 
lagoons operated by Valero Refining are located west of the Site, and 
the rest of the immediately adjacent property is largely undeveloped.
    The Imperial Refining Co. began operations at the Site in 1917. The 
eastern portion of the property was purchased in April 1917, and the 
western portion was purchased three months later. Imperial Refining Co. 
remained active for 17 years until it went bankrupt in 1934. Due to the 
absence of environmental regulations during the operational period, no 
permits, violations, inspections, or facility operation documentation 
have been identified, and no records have been found that describe the 
types of activities that took place on the Site. The ODEQ conducted a 
Preliminary Assessment in September 1997 and a Site Inspection (SI) in 
July 1998. During the SI and Removal Assessment, investigators noted 12 
waste piles containing an asphalt-like material scattered throughout 
the property. Soil, sediment, waste pile, and surface water samples 
were collected. There were numerous pits, piles, and water impoundments 
contaminated with metals and polynuclear aromatic hydrocarbons (PAHs).
    The waste material was found in 12 distinct piles across the Site, 
one vertical tank remnant, and one underground storage tank (UST). The 
average thickness of the waste piles was approximately 1foot (ft), and 
the benzo(a)pyrene concentrations range from 2.5 milligrams per 
kilogram (mg/kg) to 570 mg/kg. In addition to the waste material, 
surface soil (0-1 ft below ground surface) and sediment (0-1 ft below 
ground surface) had elevated concentrations of benzo(a)pyrene and 
arsenic. The soil concentrations ranged from 1 mg/kg to 90 mg/kg for 
arsenic and 0.04 mg/kg to 10.2 mg/kg for benzo(a)pyrene. The exposure 
routes of concern were direct contact and ingestion. Sediments in 
onsite intermittent drainages were indistinguishable from Site soils 
except by their location within drainages; therefore, the drainage 
sediments were considered soils for the remedial action. The sediment 
concentrations range from 4.7 mg/kg to 33.4 mg/kg for arsenic and 0.062 
mg/kg to 1.3 mg/kg for benzo(a)pyrene.
    Based on the results, ODEQ referred the property to the EPA for 
further action. EPA conducted a Removal Assessment in 1998 to determine 
the absence/presence of hazardous materials and the types and 
concentrations and a second Removal Assessment in 1999 to estimate 
waste pile volumes and evaluate disposal options. Based on these 
results, the Site was proposed to the NPL on May 11, 2000, (Federal 
Register: May 11, 2000 [Volume 65, No. 92, Page 30489-30495]) and was 
finalized on July 27, 2000 (Federal Register: July 27, 2000 [Volume 65, 
Number 145, Page 46096-46104)]). A Removal Action to install a 
perimeter fence to secure the Site was conducted by EPA from June 29, 
2004 through July 23, 2004.

Remedial Investigation and Feasibility Study

    The EPA and ODEQ negotiated a Cooperative Agreement under which the 
ODEQ was the lead agency for the Remedial Investigation/Feasibility 
Study (RI/FS) with EPA acting as the supporting agency. From early 2005 
through early 2007, contractors for the ODEQ conducted a RI/FS 
including field sampling and investigation activities of soil, 
sediment, surface water, ground water, and animal tissue. The RI/FS 
identified the types, quantities, and locations of contaminants found 
in these samples and developed ways to address the contamination. A 
Human Health Risk Assessment and an Ecological Risk Assessment were 
performed to determine the current and future effects of contaminants 
on human health and the environment.
    On-site contamination included waste material, soil and sediment. 
Arsenic and benzo(a)pyrene are the primary contaminants of concern. The 
primary sources of contaminants are waste in an underground storage 
tank and waste piles characterized as dry, asphalt-like material. The 
waste material is found throughout the Site, and the benzo(a)pyrene 
concentrations range from 2.5 mg/kg to 570 mg/kg. In addition to the 
waste material, surface soil (0-1 ft below ground surface) and sediment 
(0-1 ft below ground surface) have elevated concentrations of 
benzo(a)pyrene and arsenic. The soil concentrations range from 1 mg/kg 
to 90 mg/kg for arsenic and 0.04 mg/kg to 10.2 mg/kg for 
benzo(a)pyrene. Sediments in on-site intermittent drainages are 
indistinguishable from Site soils except by their location within 
drainages; therefore, the drainage sediments are considered soils for 
the remedial action as these remain dry most of the year.

Selected Remedy

    A proposed plan for the Site was issued in September 2007, 
presenting the preferred alternative of excavation and offsite disposal 
for the waste, contaminated soil, and contaminated sediment at the 
Site. The Record of Decision (ROD) was signed on December 26, 2007. 
Remedial Action Objectives (RAOs) were developed for Site soil, 
sediment, and waste material.

Remedial Action Objectives

Surface Soil
     Prevent exposure to current and future human and 
ecological receptors through ingestion, dermal contact, and inhalation 
of contaminated soil containing arsenic and benzo(a)pyrene

[[Page 47208]]

concentrations in excess of 5E-05 and 2.5E-05 excess cancer risk, 
respectively.
Pond and Creek Sediment
     Prevent exposure to current and future human receptors 
through ingestion, dermal contact, and inhalation of contaminated 
sediment containing arsenic concentrations in excess of 5E-05 excess 
cancer risk.
     Prevent exposure to current and future ecological 
receptors through direct contact, food chain uptake, and incidental 
ingestion of contaminated sediment containing benzo(a)pyrene 
concentrations in excess of levels that are protective of ecological 
receptors.
Waste Material
     Prevent exposure to human and ecological receptors through 
ingestion and dermal contact.
     Prevent further migration of waste material contamination. 
In order to achieve these RAOs, numerical risk-based cleanup levels 
were established for each environmental medium based on the residential 
scenario.

Response Actions

    The EPA began on-site Remedial Action construction on February 13, 
2008. During remedial action, a total of approximately 105,993 cubic 
yards of waste/soil and sediment were removed from the Site and shipped 
to an offsite landfill. Excavated areas were backfilled, graded and 
seeded after confirmation sampling indicated that cleanup levels have 
been met. As excavation activities progressed, waste was found along 
the borders of the property, throughout the ponds, and surrounding a 
high pressure gas line. Excavation and removal of waste along the 
borders was not feasible, safe or practical due to its proximity to 
sloped areas supporting the highway, the rail line, and business 
property, as well as its depth under significant volumes of 
uncontaminated overburden.

ROD Amendment

    A ROD amendment proposed plan for the Site was issued in November 
2008, presenting an additional containment component to the remedy 
selected in the ROD in areas of the Site where excavation would be 
impracticable and potentially dangerous to the original excavation and 
offsite disposal remedy. On February 20, 2009, the EPA Superfund 
Division Director for Region 6 signed a ROD amendment.
    Based on excavation activities and delineation pits throughout the 
east and west ponds, surface sediment exceeding the ecological cleanup 
numbers was completely removed. Due to the presence of 18 inches of 
uncontaminated overburden, the complete removal of surface sediment 
exceeding the ecological cleanup numbers, and the unknown locations at 
depth throughout the remaining areas of the ponds, no further 
excavation occurred in the ponds. Excavation in close proximity to the 
high pressure gas line was not recommended or considered safe; 
therefore, waste remains around the gas line within the easement 
boundaries.
    The cleanup levels for the Site were reevaluated in the 2009 ROD 
Amendment. Because waste remains in-place, cleanup levels for the Site 
changed from residential to industrial land use. The soil cleanup level 
for benzo(a)pyrene changed to 5.27 mg/kg. The soil cleanup level is 
still in line with the latest toxicity toxicological benchmarks. The 
soil cleanup level for arsenic did not change, and no change was made 
to sediment cleanup levels. The Site is restricted to industrial use 
through the enforcement of institutional controls (ICs).

Containment

    The 2009 ROD Amendment required the placement of a clay barrier 
over waste material left in place. The materials left in place are 
identified as non-hazardous waste and all data indicate that the 
leaching potential of this material is below regulatory limits for 
characteristic hazardous waste categories and land disposal 
restrictions. The backfill material is identified as clayey sand and is 
expected to have a low hydraulic conductivity (within the range of 1 x 
10-3 centimeters per second to 1 x 10-5 centimeters per second). As 
such, backfill of the excavated areas and areas above the waste 
material eliminates the potential for direct contact, ingestion, and 
migration as well as provides for slope control, drainage control, and 
the establishment of vegetation.
    All threats at the Site have been addressed through excavation and 
disposal of contaminated material, isolation and capping of non-
hazardous materials, installation of fencing, posting of warning signs, 
and implementation of institutional controls. Remedial activities 
included:
     Transportation and disposal (at a permitted off-site waste 
disposal facility) of approximately 31,621 yd\3\ of debris (non-
hazardous debris, foundry sand, and slag) and the asbestos-containing 
material in the on-site building and scattered throughout the Site;
     Removal and disposal of an electrical transformer, and 
underground storage tank in the vicinity of MW-20 and Lead Area 1, and 
the management and disposal of foundry bag filters identified as a 
listed K061 waste material;
     Excavation and treatment (solidification/stabilization, if 
necessary) of approximately 13,600 yd\3\ of soils with lead 
concentrations equal to or greater than 500 mg/kg to a maximum depth of 
1.5 feet bgs and approximately 3,000 yd\3\ of soils stockpiled at the 
Site from a previous removal action, and transportation and disposal 
(at a permitted off-site wastes disposal facility) of the treated and 
untreated soils;
     Excavation and disposal (at a permitted off-site waste 
disposal facility) of approximately 2,100 yd\3\ of soils contaminated 
with benzo(a)pyrene, or other organics, at the MW-11 location, and 
total petroleum hydrocarbons at the MW-20 location;
     Confirmation sampling for several locations identified to 
have been impacted by either semi-volatile organic compounds.

Cleanup Goals

    The soil remedial action at the Site consisted of the sampling and 
excavation, including the proper disposal of the soils contaminated 
with arsenic greater than 20 mg/kg and benzo(a)pyrene greater than 5.27 
mg/kg. The soil cleanup levels were based on a residential scenario of 
20 mg/kg for arsenic and an industrial scenario of 1.55 mg/kg for 
benzo(a)pyrene specified in Record of Decision Amendment. The sediment 
remedial action at the Site consisted of the sampling and excavation, 
including the proper disposal of the sediments contaminated with 
arsenic greater than 20 mg/kg and benzo(a)pyrene greater than 0.782 mg/
kg. The sediment cleanup levels were based on a residential scenario of 
20 mg/kg for arsenic and an ecological scenario of 0.782 mg/kg for 
benzo(a)pyrene specified in the Record of Decision. Institutional 
controls were required for the soils since the soils were cleaned up to 
an industrial level which did not exceed the cleanup level below 1.5 
feet below ground surface. A total of 107,299 tons, approximately 105, 
993 cubic yards, of material were sent to the Waste Connection Landfill 
in Alex, Oklahoma.
    The EPA reviewed the remedial action contract and the construction 
work for compliance with quality assurance and quality control (QA/QC) 
protocols. Construction activities at the Site were determined to be 
consistent with the ROD and adhered to the approved quality assurance 
plan which

[[Page 47209]]

incorporated all EPA and State requirements. Confirmatory inspections, 
independent testing, audits, and evaluations of materials and 
workmanship were performed in accordance with the technical 
specifications and plans. The EPA Remedial Project Manager and State 
regulators visited the site during construction activities to review 
construction progress and evaluate and review the results of QA/QC 
activities. No deviations or non-adherence to QA/QC protocols, or 
specifications were identified.
    The quality assurance project plan incorporated all EPA and State 
QA/QC procedures and protocols. All monitoring equipment was calibrated 
and operated in accordance with the manufacturer's instructions. The 
EPA analytical methods were used for all confirmation and monitoring 
samples during RA activities. Contract laboratory program-like 
procedures and protocol were followed for soil, sediments, and water 
analyses during the RA using a private laboratory.
    The EPA contract for the remedial action contained provisions for 
performing sampling during all remedial activities in order to verify 
that remedial objectives were met, to ensure quality control and 
assurance for all excavation and construction activity, and to ensure 
protection and safety of the public, the environment, and the onsite 
worker. Sampling was conducted in accordance with the Site Field 
Sampling Plan and all analytical results are below the established 
cleanup levels for an industrial reuse scenario. In addition, all 
backfill confirmation sample results met the established cleanup levels 
for an industrial reuse scenario. All analytical data was independently 
validated, and the EPA determined that analytical results were accurate 
to the degree needed to assure satisfactory execution of the RA.

Operation and Maintenance

    An Operation and Maintenance (O&M) plan for the Site is in effect 
and is required because waste has been left in place and the Site has 
been restricted to industrial use. ODEQ is responsible for conducting 
O&M activities on annual basis or more frequently if necessary. O&M 
activities include Site inspections for erosion, property uses, and 
enforcement of the Institutional Controls (ICs). This activity may also 
include maintenance of the slopes through grading, seeding, or 
importing of backfill that may be needed. Maintenance of these slopes 
will provide continued slope support, continued drainage control, and 
continued vegetation growth. Areas of primary interest will include the 
slopes along Hwy 142, Atlas Roofing Inc., Oneok Gas Pipeline, BNSF 
Railway, and Valero Refining. Site operational and functional 
activities were conducted by EPA until ODEQ took over O&M of the Site 
in December 2012.

Institutional Controls

    All administrative tools have been implemented at the Imperial 
Refining Superfund Site. Seven deed notices/covenants identifying 
restrictions were filed with the Carter County Clerk from June 2009 to 
August 2011. Appendix N of the Final Remedial Action Report contains 
copies of each deed notice/covenant.
    Some of the deed restrictions include the following requirements 
and information:
     No residential land use,
     No digging below 5 feet where waste remains in place,
     No activities that will disturb or cause erosion of the 
sediments within the ponds located on the site,
     No excavations causing erosion,
     No excavation below base material of the road bed (State 
Highway 142)
    Roadway and right-of-way, and
     No ground water taken or well drilling allowed.

Five-Year Review

    Five-Year Reviews of the Site are statutorily required because 
hazardous substances, pollutants, or contaminants remain at the Site 
above levels that allow for unlimited use and unrestricted exposure. 
The first five-year review was conducted at the Site in February 2013. 
The implemented action taken at the Imperial Refining Superfund Site 
was found to be protective of human health and the environment in the 
long-term. The Imperial Refining Co. Superfund Site's first Five-Year 
Review Report protectiveness determination follows:

    The selected remedy for the Site currently protects human health 
and the environment because the remedy is performing as intended and 
institutional controls are in place restricting land and groundwater 
use. The remedy will remain protective of human health and the 
environment in the long-term provided O&M activities continue, and 
the institutional controls remain in place.

    The next Five-Year Review will be performed in 2018.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42 
U.S.C. 9617. Throughout the Site's history, the community has been 
interested and involved with Site activity. The EPA has kept the 
community and other interested parties updated on Site activities 
through informational meetings, fact sheets, and public meetings. 
Documents in the deletion docket which the EPA relied on for 
recommendation for the deletion from the NPL are available to the 
public in the information repositories, and a notice of availability of 
the Notice of Intent for Deletion has been published in the Daily 
Ardmorite to satisfy public participation procedures required by 40 CFR 
300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    The implemented remedy achieves the degree of cleanup specified in 
the ROD and ROD Amendment for all pathways of exposure. All selected 
remedial action objectives and clean-up goals are consistent with 
agency policy and guidance. No further Superfund responses are needed 
to protect human health and the environment at the Site.
    In accordance with 40 CFR 300.425(e), sites may be deleted from the 
NPL where no further response is appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of Oklahoma, through the 
ODEQ, has determined that all appropriate response actions under CERCLA 
have been completed. Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 19, 2013 unless EPA receives adverse comments by 
September 4, 2013. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion and it will not take effect. EPA will prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

[[Page 47210]]

    Dated: July 25, 2013.
Ron Curry,
Regional Administrator, Region 6.

    For the reasons set out in this document, 40 CFR Part 300 is 
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923; 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to Part 300 is amended by removing the entry 
``Imperial Refining Company'', ''Ardmore'', ``OK''.

[FR Doc. 2013-18875 Filed 8-2-13; 8:45 am]
BILLING CODE 6560-50-P
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