[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Proposed Rules]
[Pages 20202-20206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11208]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5467-5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Bio-Ecology Systems Superfund 
Site from the National Priorities List and Request for Comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
its intent to delete the Bio-Ecology Systems (Bio-Ecology) Superfund 
site from the National Priorities List (NPL) and requests public 
comment on this action. The NPL constitutes Appendix B of 40 CFR Part 
300 which is the National 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), as amended. EPA and the State of Texas through 
the (Texas Natural Resource Conservation Commission) (TNRCC) have 
determined that all appropriate actions under CERCLA have been 
implemented and that no further cleanup is appropriate. Moreover, EPA 
and the State have determined that response activities conducted at the 
site to date have been protective of public health, welfare, and the 
environment.

DATES: The EPA will accept comments concerning its proposal for 
deletion for thirty (30) days after publication of this notice in the 
Federal Register and a newspaper of record.

ADDRESSES: Comments may be mailed to: Ms. Olivia Rodriguez Balandran, 
Community Relations Coordinator, U.S. EPA, Region 6 (6SF-P), 1445 Ross 
Avenue, Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6584.
    Information Repositories: Comprehensive information on this site is 
available through the EPA, Region 6, Public Docket, located at the EPA, 
Region 6, Library Office and is available for viewing from 8:00 a.m. to 
5:00 p.m., Monday through Friday, excluding holidays. The Library 
Office address is: U.S. EPA, Region 6, Library, 12th Floor, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, Phone: (214) 665-6424 or 665-6427.

[[Page 20203]]

    Background information from the Regional Public Docket is available 
for viewing at the Bio-Ecology Systems Superfund Site information 
repositories located at:

Grand Prairie City Hall, 317 College Street, Grand Prairie, Texas 75050
Grand Prairie City Library, 901 Conover, Grand Prairie, Texas 75051
U.S. Environmental Protection Agency, Region 6, Library, 12th Floor, 
1445 Ross Avenue, Dallas, Texas 75202-2733, Phone: (214) 665-6424 or 
665-6427
Texas Natural Resource Conservation Commission, 12118 North IH-35, 
Building D, Room 190, Austin, Texas 78753, Phone: (512) 239-2920

FOR FURTHER INFORMATION CONTACT: Mr. Ernest R. Franke, Remedial Project 
Manager (6SF-AT), U.S. Environmental Protection Agency, Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, Phone: (214) 665-8521.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. National Priorities List (NPL) Deletion Criteria
III. Deletion Procedures
IV. History and Basis for Intended Site Deletion

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 6 announces 
its intent to delete the Bio-Ecology Systems Superfund site, Grand 
Prairie, Dallas County, Texas, from the National Priorities List (NPL), 
which constitutes Appendix B of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), Code of Federal 
Regulations, Title 40 (40 CFR), Part 300, and requests comments on the 
proposed deletion. The EPA identifies sites that appear to present a 
significant risk to public health, welfare, or the environment, and 
maintains the NPL as the list of those sites. Sites on the NPL may be 
the subject of remedial actions financed by the Hazardous Substance 
Superfund Response Trust Fund (Fund). Pursuant to Section 300.425(e)(3) 
of the NCP, any site deleted from the NPL remains eligible for Fund-
financed remedial actions if conditions at the site warrant such 
action.
    The EPA will accept comments concerning this proposal for thirty 
(30) days after publication of this notice in the Federal Register and 
a newspaper of record.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the history of this site and explains 
how the site meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency uses to delete 
sites from the NPL. In accordance with 40 CFR 300.425(e)(1), sites may 
be deleted from or recategorized on the NPL where no further response 
is appropriate. In making a determination to delete a release site from 
the NPL, EPA shall 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; or
    (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, taking remedial measures is not appropriate.
    Prior to deciding to delete a site from the NPL, EPA must determine 
that the remedy, or existing site conditions at sites where no action 
is required, is protective of public health, welfare, and the 
environment.
    Deletion of a site from the NPL does not preclude eligibility for 
subsequent Fund-financed actions if future site conditions warrant such 
actions. Section 300.425(e)(3) of the NCP states that Fund-financed 
actions may be taken at sites that have been deleted from the NPL.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Sec. 300.425(e)(1) has been met, EPA may formally begin deletion 
procedures. The following procedures were used for the intended 
deletion of this site:
    (1) EPA Region 6 has recommended deletion and has prepared the 
relevant documents.
    (2) The State of Texas has concurred with the deletion decision.
    (3) Concurrent with this National Notice of Intent to Delete, a 
local notice will be published in local newspapers and shall be 
distributed to appropriate federal, state, and local officials, and 
other interested parties. This local notice announces a thirty (30) day 
public comment period on the deletion package, which starts two weeks 
from the date of the notice.
    (4) The Region has made all relevant documents available in the 
Regional Office and local site and State of Texas information 
repositories.
    These procedures have been completed for the Bio-Ecology Systems 
Superfund site. This Federal Register notice, and a concurrent notice 
in the local newspaper in the vicinity of the site, announce the 
initiation of a 30-day public comment period and the availability for 
review of the Notice of Intent to Delete. The public is asked to 
comment on EPA's intention to delete the site from the NPL; all 
critical documents needed to evaluate EPA's decision are included in 
the information repository and deletion docket.
    Upon completion of the 30-day public comment period, EPA Region 6 
will evaluate these comments before the final decision to delete. The 
Region will prepare a Responsiveness Summary, to address concerns 
raised by the comments received during the public comment period. The 
Responsiveness Summary will be made available to the public at the 
information repositories. Members of the public are welcome to contact 
the EPA Regional Office to obtain a copy of the Responsiveness Summary, 
when available. If EPA still determines that deletion from the NPL is 
appropriate after receiving public comments, a Final Notice of Deletion 
will be published in the Federal Register. However, it is not until a 
Notice of Deletion is published in the Federal Register that the site 
would be actually deleted.

IV. History and Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for deleting 
the Bio-Ecology Systems Superfund site from the NPL.
    The Bio-Ecology Systems (Bio-Ecology) site is an 11.2 acre site 
located at 4100 East Jefferson Avenue in Grand Prairie, Dallas County, 
Texas.(Figure 1) It is approximately 5 miles south of Interstate 
Highway 30 between Fort Worth and Dallas. Bio-Ecology is a former waste 
disposal facility which occupied a majority of the 11.2 acre area. Bio-
Ecology is bounded in all directions by privately-held property and 
also on the north, east, and south by Mountain Creek. Mountain Creek 
Lake and the Trinity River are located approximately \3/4\ mile 
southwest and 2\1/2\ miles north of Bio-Ecology, respectively. Bio-
Ecology is located within the 100-year floodplain of Mountain Creek 
(Trinity River Basin) and has been extensively flooded on at least two 
occasions during facility operations (June 1973 & June 1974).
    Bio-Ecology was a Class I industrial solid waste management 
facility,

[[Page 20204]]

originally authorized by a permit issued by the Texas Water Quality 
Board (TWQB) on April 24, 1972. Permitted activities included the 
following: (1) incineration of combustible liquids, slurries, and 
sludges (subject to Texas Air Control Board standards for odors and 
emissions); (2) chemical treatment of acids, caustics, and other waste 
chemical solutions, including those containing heavy metals; (3) 
biological oxidation of waste waters resulting from separation of mud-
water and oil-water mixtures and from chemical treatment of other 
wastes; and (4) a modified landfill of solids resulting from the other 
treatment processes (Figure 2). Bio-Ecology was actively operated from 
June 1972 through June 1978.
    Operations at the site were characterized by frequent litigation 
filed by the Texas Department of Water Resources (TDWR) and its 
predecessor agency, the Texas Water Quality Board. Both agencies had 
attempted to force the company to comply with permit standards and all 
applicable Federal and State laws and regulations. During the 6-year 
operation of the facility, Bio-Ecology was cited for a number of major 
violations including the following: (1) Construction of new facilities 
(i.e., retaining basins) without proper authorization; (2) discharge of 
wastewater into Mountain Creek; (3) allowing liquid levels in holding 
basins to reach the brink without any freeboard; (4) storage of drums, 
several times beyond the permit maximum (200 drums); and (5) several 
incidents of oil spills.
    On or about June 3-4, 1973, approximately 5 inches of rain fell on 
the site during a 24-hour period. Approximately 90 percent of the 
facility was inundated. State inspections of the site observed flooding 
in several storage basins and wastewater runoff into Mountain Creek. 
The site was to have been designed to adequately protect against a 24-
hour, 25-year rainfall. However, the rainfall during June 3-4, 1973 was 
of less than a 25-year frequency. Orders were issued by the Texas 
courts on July 6, 1973, and March 24, 1977, requiring Bio-Ecology to 
comply with its permit and remedy the above mentioned violations. On 
June 13, 1978, Bio-Ecology filed for bankruptcy under the provisions of 
Chapter XI of the Bankruptcy Act.
    After payment of all priority creditors, the TDWR was able to 
recover $28,870 from Bio-Ecology for cleanup activities. In December 
1979, a contract was made between TDWR and the Owner/Operator to 
partially close the site. The contract required the following: (1) all 
open receiving basins and pits were drained; (2) all containerized 
wastes were buried on site and covered with a pelletized lime blanket; 
and (3) sludges in various lagoons and landfills were moved to 
consolidate them on-site. Due to constraints in funding, a number of 
metal tanks containing oils, solvents, and paint sludges remained at 
the site. Approximately $34,000 (including the $28,870 obtained from 
Bio-Ecology bankruptcy) was expended during the period December 12, 
1979, through February 15, 1980, for the partial site cleanup.
    Bio-Ecology was proposed for the National Priorities List (NPL) on 
December 30, 1982, and then promulgated on September 8, 1983, with a 
Hazard Ranking System (HRS) score of 35.06.
    Since Bio-Ecology was proposed for the NPL, it became eligible for 
funding under the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980. In November 1981, an application 
for a Cooperative Agreement (CA) for a Remedial Investigation (RI) and 
Feasibility Study (FS) at the site was filed by TDWR. The CA between 
EPA and the State of Texas was approved on April 12, 1982. An award in 
the amount of $328,000 was authorized to conduct a State-lead RI/FS. 
The State of Texas, in turn, awarded a contract to Woodward-Clyde 
Consultants (WCC) to perform the RI/FS. The RI included a hydrologic 
analysis, a stratigraphic analysis, a hydrogeologic analysis and a 
geochemical analysis. The results of these analyses are as follows.
    The hydrologic analysis showed the site to be poorly drained and 
subject to surface run-off, erosion, and flooding. Approximately 75 
percent of the site was determined to be within the 100-year 
floodplain.
    The stratigraphic analysis identified four subsurface strata within 
the upper 60 feet at the site. The uppermost stratum from the surface 
to about 20 feet in depth consists of modern alluvial deposits from the 
meander deposition of Mountain Creek on the north, east, and south of 
the site. These modern alluvial deposits are pervious deposits capable 
of transmitting water vertically and laterally and are thus subject to 
infiltration by rainfall and high flood waters of Mountain Creek. 
Underlying the modern alluvial deposits are older alluvial deposits 
from flood basin deposition of the Mountain Creek valley. These 
deposits are primarily high plasticity clays with occasional beds of 
low plasticity clays. The older flood basin soils contain fissures and 
cracks caused by cyclic shrinkage and swelling. The older alluvial 
deposits, therefore, act as a leaky aquitard capable of transmitting 
fluids vertically. These deposits vary in thickness from 25-40 feet 
across the site. Below this stratum is about a five-foot layer of 
remnant quaternary gravel deposits which is the first representative 
water-bearing aquifer encountered. Beneath the gravel deposits is about 
a 200-foot thick section of the Eagle Ford shale. This shale is for all 
practical purposes, impervious, and overlies the Woodbine Aquifer. The 
Woodbine Aquifer is used as a drinking water supply for the City of 
Grand Prairie.
    The groundwater flow, at the time of investigation, was generally 
from northwest to southeast across the site in the remnant gravel 
aquifer. Groundwater encountered was also under an artesian head of 
about 15 feet (measured from the older alluvial deposits). This aquifer 
was slightly contaminated in the vicinity of the site and was subject 
to contamination from wastes at the site migrating through the 
secondary structure of older alluvial deposits. Groundwater is present 
in the upper alluvial deposits at water levels below the level of 
surface water in the adjacent stream channel and nearby pond northwest 
of the site. These surface waters are recharging the alluvium at the 
site. A search of drinking-water well records was conducted during the 
investigation and did not reveal anyone using the shallow aquifer as a 
drinking water source.
    The geochemical analysis showed that surface contamination at the 
site was primarily restricted to on-site locations and to off-site 
drainage areas. On-site surface contamination was extensive for metals, 
cyanide, and organics. Composite samples from the site indicated high 
concentrations of lead (1,100 ppm), arsenic (210 ppm), and cyanide 
(1,030 ppm). Analysis also indicated the presence of many organic 
contaminants including toluene (19 ppm), trichloroethylene (1000 ppm), 
benzene (1.5 ppm), methylene chloride (.087 ppm), and naphthalene (240 
ppm). Off-site contamination did not appear to be severe at the time of 
the field investigation. Likewise, subsurface contamination appeared to 
be primarily restricted to waste deposits and their vicinity.
    There were estimated to be approximately 40,000 cubic yards (CY) of 
wastes and highly contaminated soils at the site (Figure 3). The site 
work for the investigation was completed in January 1983. More detail 
of the RI may be found in WCC's Site Investigation Report dated April 
1983.

[[Page 20205]]

    The FS began in February 1983. The FS conducted by WCC developed 
the following objectives based on the results of the RI.
    <bullet> Remove above ground structures, dispose of contents, and 
treat the associated northern off-site contaminated soil area;
    <bullet> Raise the site above the 100 year floodplain;
    <bullet> Provide adequate site drainage;
    <bullet> Treat special wastes (PCB's in an on-site tank, buried 
drums and containers including medical vials and laboratory chemicals, 
areas of high arsenic concentrations, and areas of cyanide presence); 
and
    <bullet> Control of off-site migration of wastes by surface and 
subsurface migration pathways to surface and subsurface waters and 
adjacent land areas in order to mitigate future impacts on these target 
receptors (no significant air migration problems were detected during 
the RI).
    More details of the FS may be found in WCC's Remedial Alternatives 
Analysis Report dated July 1983.
    An Initial Remedial Measure (IRM) was concluded at the Bio-Ecology 
site in September 1983. The IRM cleanup activities included the 
following:
    1. Remove and dispose of approximately 80,000 gallons of hazardous 
liquids and sludges. (Organics, PCB's, Heavy Metals)
    2. Decontaminate and remove the 15 storage tanks and other surface 
structures.
    3. Remove and dispose of about 35 cubic yards of contaminated soil.
    4. Surface cleanup. (Miscellaneous debris, site grading, etc.)
    This action was deemed necessary to comply with the National 
Contingency Plan (NCP), with regard to hazardous substances in drums, 
barrels, tanks, or other bulk storage containers above ground and 
contaminated soils at or near the surface which posed a threat to 
public health or the environment.
    The Record of Decision (ROD) was signed by Lee Thomas, Assistant 
Administrator, Office of Solid Waste and Emergency Response at EPA 
Headquarters on June 6, 1984. The description of the selected remedy 
was:
    <bullet> Raise the elevation of the site above the 100-year flood 
plain.
    <bullet> Construct an on-site disposal cell with synthetic liner 
and a leachate collection system.
    <bullet> Construct a final cover and liner and leachate collection 
and removal system in accordance with standards promulgated under 40 
CFR Part 264 (Resource Conservation and Recovery Act) and applicable 
guidance.
    <bullet> Stabilize the waste and place in on-site cell.
    <bullet> Construct a fence with warning signs.
    <bullet> Install a groundwater monitoring system in accordance with 
standards promulgated under 40 CFR part 264.
    The ROD stated that the groundwater monitoring program was to 
determine the existence of any present groundwater contamination 
outside the containment area; however, the decision to proceed with the 
cleanup did not encompass remedial action with respect to any 
groundwater contamination that might be discovered. If such ground 
water contamination was found, appropriate remedial response would be 
evaluated, and a future determination regarding the compliance of the 
response with Resource Conservation and Recovery Act (RCRA) 
requirements would be made. If no existing contamination was found, the 
monitoring program was to ensure the continued effectiveness of the 
selected containment remedy. The State of Texas was consulted and 
agreed with the remedy.
    A Cooperative Agreement (CA), i.e., a grant, was awarded by EPA to 
the Texas Department of Water Resources (TDWR), now known as the Texas 
Natural Resource Conservation Commission (TNRCC), on May 12, 1986, to 
fund the Remedial Action Construction Contract and Oversight Engineer 
Contract. The $4,143,790 provided to TDWR through the CA was 
supplemented by $2,788,000 provided by the Air Force under terms of an 
Inter-Agency Agreement as part of a settlement with EPA to pay for 
their contribution of wastes to the site when it was operating. Bids 
for the construction contract were solicited and Rollins Environmental 
Services (RES) was awarded the contract on March 16, 1987 as low bidder 
at a contract cost of $3,789,537. WCC was retained as TDWR's oversight 
engineer. The Notice to Proceed was issued to RES on April 30, 1987 and 
the contractor mobilized to the site on May 4, 1987.
    Construction work proceeded through the spring and early summer of 
1987 with excavation and temporary stockpiling of waste materials as 
the RCRA cell was being constructed. It was soon discovered that the 
volume of waste originally estimated in the contract document (54,300 
cubic yards) would be exceeded and the RCRA cell needed to be enlarged. 
This was accomplished through change order at a cost of approximately 
$294,000. The final volume of soil placed in the cell was 85,332 cubic 
yards, an increase of approximately 31,000 cubic yards more than 
originally anticipated. This 57% increase in soil to be excavated, 
moved, stabilized, and placed in the cell (as well as increased 
dewatering costs) resulted in the largest change order increase in the 
project, at a cost of $1,227,000. This increase is documented in change 
order number 7 and more details about these construction activities can 
be found in WCC'S August 1988 Final Construction Report (pages 19 & 
20). Five other relatively minor change orders were approved for a 
total final construction contract cost (original, plus seven change 
orders) of $5,317,852 or an increase of 40% beyond the original 
contract cost. The RCRA cell was completed and closed in April of 1988 
and the prefinal inspection of the substantially completed work was 
held June 27, 1988.
    The final inspection of the completed work was held August 31, 
1988, and a Certificate of Completion was issued.
    In April 1993 a Close Out Report was prepared in which EPA, in 
consultation with the State of Texas (TNRCC), determined that all 
appropriate response actions required to ensure the protectiveness of 
human health and the environment at the Bio-Ecology Systems Superfund 
site had been implemented.
    Pursuant to 40 CFR 300.510 of the NCP, the State (TNRCC) has 
assumed all responsibility for Operation and Maintenance (O&M) at this 
site. The Operational & Functional (O&F) period activities from 1988 to 
1993 are documented in Section XI of the April 1993 Close Out Report 
and Section VI of the Summary of the O&M Sampling Events contained in 
the Five-Year Review dated November 1994. The findings of both the 
Close Out Report and the Five-Year Review support the determination 
that there is not a serious leak of the top or bottom liner systems at 
Bio-Ecology and that the site is operational and functional. 
Significant contamination has not been found in the groundwater at the 
site to date, although there have been a few sporadic findings of 
individual constituents in various wells at levels of concern that 
necessitate continued monitoring and evaluation. Continued pumping of 
leachate from the vault will be required throughout the O&M period 
until the system is pumped dry, and continued monitoring of the 
groundwater will also be needed. These activities are required by the 
O&M plan being implemented by TNRCC.
    The Agency for Toxic Substance and Disease Registry (ATSDR) issued 
a Site Review and Update (SRU) report for the Bio-Ecology Systems 
Superfund Site on March 3, 1993. The SRU concluded that, ``The waste is 
inaccessible; it is enclosed in a hazardous waste land fill.

[[Page 20206]]

It was concluded that the site is not a public health threat to area 
residents; the area residents are not within one-half mile of the 
site.'' No further actions or evaluations were recommended.
    Hazardous substances encapsulated in the cell on the site, however, 
are above health-based levels that do not allow for unlimited use of 
and unrestricted access to the consolidation cell area. Therefore, EPA 
conducted a statutory five-year review in November of 1994, and the 
next scheduled review will be in November 1999, pursuant to OSWER 
Directive 9355.7-02, ``Structure and Components of Five-Year Reviews.''
    Based on the successful encapsulation of hazardous substances in 
the consolidation cell, the results of O&M monitoring to date, and 
ATSDR's review, EPA has determined that the remedy is protective and no 
further response action is necessary. This is consistent with current 
EPA policy as discussed on page 66601 of the December 24, 1991 Federal 
Register, 40 CFR Part 300. State-funded O&M and EPA-funded Five-Year 
Reviews will continue in the future, but site deletion should proceed 
since applicable deletion criteria have been satisfied.
    EPA, with the concurrence of the State of Texas, has determined 
that all appropriate Fund-financed responses under CERCLA at the Bio-
Ecology Systems Superfund Site have been completed, and that no further 
cleanup by responsible parties is appropriate. Moreover, EPA and the 
State of Texas have determined that remedial actions conducted at the 
site to date have been protective of public health, welfare, and the 
environment.

    Dated: April 9, 1996.
Jane Saginaw,
Regional Administrator.
[FR Doc. 96-11208 Filed 5-3-96; 8:45 am]
BILLING CODE 6560-50-P