[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Rules and Regulations]
[Pages 33724-33729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14232]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1999-0013; FRL-9162-3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Many Diversified 
Interests, Inc. Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final Notice of Deletion of the soils of Operable 
Unit 1 and the underlying ground water of the approximately 8-acre 
western portion of Operable Unit 1 of the Many Diversified Interests, 
Inc. (MDI) Superfund Site located in Houston, Texas (Harris County), 
from the National Priorities List (NPL). The NPL, promulgated pursuant 
to Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, as amended, is an 
appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final partial deletion is being 
published by EPA with the concurrence of the State of Texas, through 
the Texas Commission on Environmental Quality, because EPA has 
determined that all appropriate response actions at these identified 
parcels under CERCLA have been completed. However, this partial 
deletion does not preclude future actions under Superfund.
    This partial deletion pertains to the soils of Operable Unit 1 and 
the underlying ground water of the approximately 8-acre western portion 
of Operable Unit 1 of the MDI Superfund Site. Operable Unit 2, Operable 
Unit 3, and the ground water underlying the remainder of Operable Unit 
1 will remain on the NPL and are not being considered for deletion as 
part of this action.

DATES: This direct final partial deletion is effective August 16, 2010 
unless EPA receives adverse comments by July 15, 2010. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES:  Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1999-0013, by one of the following methods:
     http://www.regulations.gov: Follow internet on-line 
instructions for submitting comments.
     E-mail: Rafael Casanova, [email protected].
     Fax: 214-665-6660.
     Mail: Rafael A. Casanova; U.S. Environmental Protection 
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite 
1200; Dallas, Texas 75202-2733.
     Hand Delivery: U.S. Environmental Protection Agency, 
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733; 
Contact: Rafael A. Casanova (214) 665-7437. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-AFUND-
1999-0013. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is

[[Page 33725]]

an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
    1. U.S. Environmental Protection Agency, Region 6; 1445 Ross 
Avenue, Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday 
thru Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. 
Casanova (214) 665-7437.
    2. Blanche Kelso Bruce Music Magnet Elementary School; 510 Jensen; 
Houston, Texas 77020; Hours of operation: Monday thru Friday, 9 a.m. to 
3:30 p.m.

FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project 
Manager; U.S. Environmental Protection Agency, Region 6; Superfund 
Division (6SF-RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733; telephone number: (214) 665-7437; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 6 is publishing this direct final Notice of Partial 
Deletion for the Many Diversified Interests, Inc. Superfund Site 
(Site), from the National Priorities List (NPL). This partial deletion 
pertains to the soils of Operable Unit 1 and the underlying ground 
water of the approximately 8-acre western portion of Operable Unit 1 of 
the Site. The NPL constitutes appendix B of 40 CFR part 300 which is 
the Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
which EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 
1980, as amended. EPA maintains the NPL as the list of sites that 
appear to present a significant risk to public health, welfare, or the 
environment. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substance Superfund (Fund). This partial 
deletion of the Many Diversified Interests, Inc. Superfund Site is 
proposed in accordance with 40 CFR 300.425(e) and is consistent with 
the Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective August 16, 2010 unless EPA 
receives adverse comments by July 15, 2010. Along with this direct 
final Notice of Partial Deletion, EPA is co-publishing a Notice of 
Intent for Partial Deletion in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this partial deletion action, EPA will publish 
a timely withdrawal of this direct final Notice of Partial Deletion 
before the effective date of the partial deletion and the partial 
deletion will not take effect. EPA, will as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the Notice of Intent for Partial Deletion and the comments 
already received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the soils of Operable Unit 1 and 
the underlying ground water of the approximately 8-acre western portion 
of Operable Unit 1 of the Many Diversified Interests, Inc. Superfund 
Site and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to partially delete the Site parcels from the 
NPL unless adverse comments are received during the public comment 
period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. The soils of Operable Unit 1 and the underlying ground 
water of the approximately 8-acre western portion of Operable Unit 1 of 
the Many Diversified Interests, Inc. Superfund Site will not require 
five-year reviews. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Partial Deletion Procedures

    The following procedures apply to the deletion of the soils of 
Operable Unit 1 and the underlying ground water of the approximately 8-
acre western portion of Operable Unit 1 of the Many Diversified 
Interests, Inc. Superfund Site:
    1. EPA has consulted with the state of Texas prior to developing 
this direct final Notice of Partial Deletion and the Notice of Intent 
for Partial Deletion 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 for

[[Page 33726]]

Partial Deletion prior to their publication today, and the state, 
through the Texas Commission on Environmental Quality, has concurred on 
this partial deletion of the Site from the NPL.
    3. Concurrently with the publication of this direct final Notice of 
Partial Deletion, a notice of the availability of the parallel Notice 
of Intent for Partial Deletion is being published in a major local 
newspaper, the Houston Chronicle. The newspaper announces the 30-day 
public comment period concerning the Notice of Intent for Partial 
Deletion of the Site from the NPL.
    4. The EPA placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    5. If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Partial 
Deletion before its effective date and will prepare a response to 
comments and continue with the deletion process on the basis of the 
Notice of Intent for Partial Deletion and the comments already 
received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a site from the NPL does not preclude eligibility for further 
response actions, should future conditions warrant such actions.

IV. Basis for Site Partial Deletion

    The following information provides EPA's rationale for deleting the 
soils of Operable Unit 1 and the underlying ground water of the 
approximately 8-acre western portion of Operable Unit 1 of the Many 
Diversified Interests, Inc. Superfund Site from the NPL. A map of the 
Site, including the aerial extent of Operable Unit 1 and the underlying 
8 acres of ground water proposed for deletion, is available in the 
deletion docket.

Site Location and History

    The Many Diversified Interests, Inc. Superfund Site (Site, CERCLIS 
ID--TXD008083404), a former foundry (Operable Unit 1), occupied a 36-
acre tract of land located at 3617 Baer Street in Houston, Texas 
(Harris County). The Site also consists of the residential areas (off-
site soils of Operable Units 2 and 3) surrounding the former foundry. 
Figures, with coordinates, of the areas to be deleted will be made 
available at the Site information repositories and included with the 
deletion docket. The Site is located approximately two miles east of 
downtown Houston and one block south of Interstate Highway 10 in an 
area of mixed industrial and residential land use. This part of Houston 
is known as the ``Fifth Ward.'' The Site is bordered by Hare Street to 
the north, National Vinegar Company and Press Street to the east, the 
former Texas & New Orleans railroad right-of-way to the south, and 
Bringhurst Street to the west. Operable Units 2 and 3 include the 
residential yards and ``high access areas'' (e.g., schools, day care 
centers, playgrounds, churches, etc.) surrounding the former foundry.
    Operations at the metal casting foundry began in 1926. The facility 
primarily manufactured specialty molded parts such as large wheels, 
tracks, and mining equipment. The process area consisted of two casting 
plants. Various grades of steel, including high carbon, chrome, 
molybdenum, high nickel, and stainless steel were cast at the facility. 
Scrap metal and iron were melted in the carbon arc furnaces, tested, 
corrected for the elements needed for the different grades of steel, 
and poured into molds. Molds and cores were constructed by mixing sand 
with flour binders. Castings were cleaned (by mechanical grinding, shot 
blasting, or sandblasting) and heat-treated. Final machining was 
performed either at the site or the customer's shop, if needed.
    During the mid-1980s, the southern portion of the Site was leased 
to Can-Am Resource Group (Can-Am). Can-Am conducted a spent catalyst 
recycling operation using an experimental process. Catalyst is a 
substance that speeds up a chemical reaction to create a desirable 
product, such as gasoline for vehicles or other usable products. Can-Am 
reportedly obtained several thousand drums of spent catalyst from 
chemical plants and refineries located along the Houston Ship Channel 
and stored them at the Site.

Site Conditions Resulting in Listing

    The EPA believes that the air emissions from the operations of the 
former foundry, which contained particles of lead, may have caused the 
on-site (Operable Unit 1) and off-site (Operable Units 2 and 3) soils 
to become contaminated through the air deposition of these particles. 
Foundry practices may have also contributed to the on-site lead 
contamination of the soils. Other probable sources of lead 
contamination that may have impacted the on- and off-site soils may 
include lead-based paint and historical deposition from vehicular lead-
based fuel emissions, among other possible sources. The leaking drums 
of spent catalyst from chemical plants and refineries, stored at the 
Site by Can-Am, also caused the soils to become contaminated, posing a 
threat to the residential areas of the Site.

Operable Units

    The EPA organized the Site into Operable Units 1 (On-Site Soils and 
Ground Water), 2 (Off-Site Residential Yards and High Access Areas), 
and 3 (Residential Crawlspaces and Those Residential Areas Not 
Addressed Under Operable Unit 2) as discrete actions that address the 
distinct geographical portions and the different media (on-site soils 
and ground water, and off-site residential yard and crawlspace soils) 
affected by the Site. The soils of Operable Unit 1 and the underlying 
ground water of the approximately 8-acre western portion of Operable 
Unit 1 are the subject of this direct notice for partial deletion.

Operable Unit 1 (On-Site Soils and Ground Water)

    Operable Unit 1 (On-Site Soils and Ground Water) consists of the 
soils and ground water within the fenced boundaries of the former 
foundry.
    In September 1998, EPA issued an action memorandum to address the 
removal of approximately 5,355 deteriorating drums of waste from the 
Site and 100,000 yd\3\ of contaminated on-site soils. In May 1999, EPA 
issued unilateral administrative orders directing the potentially 
responsible parties to conduct a removal action to address the drummed 
wastes at the Site.
    The Proposed Plan for Operable Unit 1 was made available for public 
comment on February 1, 2004. The Record of Decision for Operable Unit 
1, which identified the Selected Remedy for Operable Unit 1, was issued 
on July 30, 2004. In September 2006, EPA and Clinton Gregg Investments, 
Ltd. (CGI) entered into an ``Agreed Order on Consent and Covenant Not 
to Sue.'' This is the first-ever agreement in the nation by a non-
liable party to clean up a Superfund Site. The purchaser of the former 
foundry property (Operable Unit 1) agreed to implement and fund the 
Selected Remedy. Partial deletion of the soils of Operable Unit 1 and 
the underlying ground water of the

[[Page 33727]]

approximately 8-acre western portion of Operable Unit 1 of the Site was 
requested by CGI to facilitate the residential development of the Site.

Operable Unit 2 (Off-Site Residential Yards and High Access Areas)

    Operable Unit 2 (Off-Site Residential Yards and High Access Areas) 
consists of the residential yards and high access areas surrounding the 
fenced boundaries of the former foundry (Operable Unit 1). In 1998, the 
Texas Natural Resource Conservation Commission (now the Texas 
Commission on Environmental Quality) performed a removal action that 
addressed 89 residential yards, contaminated with lead, in the vicinity 
of the Site. In November 2003 and June 2005, EPA completed removal 
actions at 59 residential yards and high access areas, which included 
the Blanche Kelso Bruce Elementary School, Fifth Ward Multi-Service 
Center, and several churches. The purpose of these removal actions was 
to remove surface soil with concentrations of lead that equaled or 
exceeded the cleanup goal of 500 mg/kg to reduce the exposure of 
children and adults to lead. EPA believes that these removal actions 
addressed all of the residential yards and High Access Areas that could 
have been affected by the air emissions of particulates containing lead 
from the former foundry and for which access was granted for sampling.
    The ground water medium was not a component of the investigation 
for Operable Unit 2. The Proposed Plan for Operable Unit 2 was made 
available for public comment on July 28, 2005. The Record of Decision 
for Operable Unit 2, which identified the Selected Remedy for Operable 
Unit 2, was issued on September 23, 2005. The Selected Remedy for 
Operable Unit 2 was ``no further action'' since the previous removal 
actions eliminated the existing and potential risks to human health and 
the environment so that no further action was necessary. Operable Unit 
2 is not being considered for partial deletion at this time and is not 
discussed further in this direct notice of partial deletion.

Operable Unit 3 (Residential Crawlspaces and Those Residential Areas 
Not Addressed Under Operable Unit 2)

    Operable Unit 3 (Off-Site Residential Crawlspaces and Those 
Residential Areas Not Addressed Under Operable Unit 2) consists of the 
residential crawlspaces and yards surrounding the fenced boundaries of 
the former foundry (Operable Unit 1) which were not addressed under 
Operable Unit 2 because the owners could not be located, or they were 
not responsive to the EPA's request for sampling, or they denied the 
EPA access for sampling.
    In April 2006 and 2009, the EPA completed removal actions at the 
northeastern portion of the Kelly Village Housing Complex and six (6) 
additional residential yards of the Site, respectively. The purpose of 
these removal actions was to remove surface soil with concentrations of 
lead that equaled or exceeded the cleanup goal of 500 mg/kg to reduce 
the exposure of children and adults to lead. EPA believes that these 
removal actions addressed all of the Kelly Village areas and 
surrounding residential yards which could have been affected by the air 
emissions of particulates containing lead from the former foundry and 
for which the EPA was granted access for sampling.
    The ground water medium was not a component of the investigation 
for Operable Unit 3. The Proposed Plan for Operable Unit 3 was made 
available for public comment in June 2009. The Record of Decision for 
Operable Unit 3, which identified the Selected Remedy for Operable Unit 
3, was issued on August 31, 2009. The Selected Remedy for Operable Unit 
3 crawlspaces was ``no action warranted'' since the Baseline Human 
Health Risk Assessment concluded that current or potential future Site 
conditions pose no unacceptable risks to human health or to the 
environment so that no action is warranted. The Selected Remedy 
Operable Unit 3 residential yards was ``no further action'' since the 
previous removal actions eliminated the existing and potential risks to 
human health and the environment so that no further action was 
necessary. Operable Unit 3 is not being considered for partial deletion 
at this time and is not discussed further in this direct notice of 
partial deletion.

Remedial Investigation and Feasibility Study for Operable Unit 1

    The remedial investigation for Operable Unit 1 addressed the 
following key issues in order to determine the nature and extent of 
contamination at the Site:
     Determine the distribution of metal concentrations in 
near-surface soils (specifically lead deposited as a result of air 
dispersion and deposition of emissions from the former foundry),
     Determine the nature and extent of contaminants of 
potential concern in soils associated with the historic foundry 
operations at the Site, and
     Determine the nature and extent of contamination in ground 
water at the Site (Operable Unit 1).
    The contaminant found above risk-based levels in the soils included 
lead. The contaminants found above risk-based levels in the ground 
water included benzo(a)pyrene, total petroleum hydrocarbons, manganese, 
and molybdenum. A total of five alternatives were developed for the 
Site during the feasibility study for Operable Unit 1. The EPA chose 
stabilization/solidification of lead-contaminated soils with off-site 
disposal, source removal and monitored natural attenuation for the 
ground water, and the placement of institutional controls for both the 
soils and ground water as the Selected Remedy for the Site.

Selected Remedy for Operable Unit 1

    The major components of the Selected Remedy described in the Record 
of Decision for Operable Unit 1 (On-Site Soils and Ground Water) for 
the Site consisted of:
     Excavation and Treatment (solidification/stabilization, if 
necessary) of approximately 13,600 cubic yards (yd\3\) of soils with 
lead concentrations equal to or greater than 500 milligrams per 
kilogram (mg/kg) to a maximum depth of 1.5 feet below ground surface 
(bgs), and approximately 3,000 yd\3\ of soils stockpiled at the Site 
from a previous removal action were also treated, if necessary. 
Transportation and Disposal (at a permitted off-site waste disposal 
facility) of the treated and untreated soils;
     Transportation and Disposal (at a permitted off-site waste 
disposal facility) of approximately 31,621 yd\3\ of debris 
(nonhazardous debris, foundry sand, and slag), the Asbestos-Containing 
Material in the on-site building and scattered throughout the Site, and 
an Underground Storage Tank in the vicinity of Monitoring Well (MW) 20;
     Excavation and Disposal (at a permitted off-site waste 
disposal facility) of approximately 2,100 yd\3\ of soils contaminated 
with benzo(a)pyrene, or other organics, at the MW-3 location; light 
nonaqueous-phase liquids at the MW-11 location; and Total Petroleum 
Hydrocarbons at the MW-20 location. Soil cleanup levels for these 
isolated source areas were determined during the remedial design and 
remedial action for the Selected Remedy;
     Implementation of Monitored Natural Attenuation for the 
ground water, which included source removal and Long-Term Monitoring 
for the ground water to ensure that constituents (total petroleum 
hydrocarbons and benzo[a]pyrene) above cleanup goals are naturally 
attenuating; and
     Implementation of Institutional Controls for both the 
soils and ground

[[Page 33728]]

water to prevent exposure to soil contamination above acceptable 
cleanup levels and to prevent exposure to contaminated ground water in 
the shallow water-bearing zone.

Remedial Action Objectives for Operable Unit 1

    The Remedial Action Objectives accomplished for Operable Unit 1 of 
the Site were:
     Remove the asbestos-containing material stockpiled on the 
Site and left in the existing building,
     Reduce the risk posed to residential receptors by lead 
concentrations in the soils equal to or greater than the cleanup goal 
for the Site (500 mg/kg),
     Remove soil visibly contaminated with waste oil in the 
vicinity of MW-3 and MW-20 that was acting as a potential continuing 
source of ground water contamination,
     Remove soil visibly contaminated with waste oil in the 
vicinity of MW-11 that has the potential to act as a source of ground 
water contamination,
     Remediate ground water in the northwest corner of the 
Site, at MW-20, and remove the free product associated with an 
underground storage tank, and
     Mitigate the threat posed by exposure to ground water 
throughout the rest of the Site.

The basis for the Remedial Action Objectives for the Operable Unit 1 
soil was to cleanup the Site to residential standards, the anticipated 
future land use for the fenced boundaries of the Site. The basis for 
the Remedial Action Objectives for the ground water was to ensure that 
current and future receptors are not exposed to contaminated ground 
water during the implementation of the Selected Remedy.

Response Actions for Operable Unit 1

    The remedial design for Operable Unit 1 included the following 
design determinations:
     Defining the lead removal and sampling techniques 
(including confirmation sampling);
     Detailing a lead-impacted soil treatment process;
     Determining source removal criteria for light nonaqueous 
phase liquid-impacted areas,
     Defining the disposal/sampling needs for each waste 
stream, and
     Defining the monitoring wells for the monitored natural 
attenuation program.
    The remedial action for Operable Unit 1 included:
     Demolition and disposal of an abandoned 2-story office 
building, and several 1-story utility structures;
     Transportation and disposal of the asbestos-containing 
material in the on-site building and scattered throughout the Site;
     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 or 
polychlorinated biphenyls in the soils; and lead confirmation sampling 
for the Site soils;
     Installation of additional monitoring wells to be utilized 
during the monitored natural attenuation program.

Cleanup Goals for Operable Unit 1

    Soil remedial action activities were conducted at Operable Unit 1 
from May 2007 through June 2008. The soil remedial action for Operable 
Unit 1 of the Site consisted of the sampling and excavation, including 
the proper disposal, of the soils contaminated with lead equal to or 
greater than the 500 mg/kg residential soil lead cleanup level 
specified in the Record of Decision for Operable Unit 1. The soil 
remedial action also consisted of the sampling and excavation of soils 
contaminated with total petroleum hydrocarbons and other organics 
identified in the Record of Decision for Operable Unit 1. Confirmation 
sampling was also conducted to verify that this area did not contain 
soil with lead or organic concentrations (total petroleum hydrocarbons, 
benzo(a)pyrene, and polychlorinated biphenyls) equal to or greater than 
the cleanup level. Institutional controls were not required for the 
soils since sampling indicated that soil lead concentrations did not 
exceed the cleanup level below 1.5 feet bgs. Sampling data gathered 
from the ground water monitoring wells located in the approximately 8-
acre western portion of Operable Unit 1 indicated that the underlying 
ground water had not been impacted by the hazardous substances 
identified in the Selected Remedy for Operable Unit 1 of the Site. The 
ground water flows to the east southeast at this portion of the Site 
and the contaminants are not expected to contaminate the ground water 
underlying the 8-acre western portion of the Site. Therefore, EPA 
determined that the ground water underlying the approximately 8-acre 
western portion of Operable Unit 1 would not require institutional 
controls.
    The EPA conducted pre-final and final construction inspections for 
Operable Unit 1 on June 25, 2008, and determined that CGI completed the 
Selected Remedy for Operable Unit 1 in accordance with the remedial 
design plans and specifications, the remedial action sampling and 
analysis plan, the Record of Decision for Operable Unit 1, and the 
Agreed Order on Consent. The EPA approved the ``Final Soil Remedial 
Action Report'' (dated 08/29/08) on December 12, 2008, and issued a 
final certification of completion of the soil remedial action on August 
19, 2009.
    Since all the contaminants were remediated in the Operable Unit 1 
soils, and monitoring data indicated that the ground water underlying 
the 8-acre western portion of the Site was not contaminated, no 
operation and maintenance, monitoring, or five-year reviews are 
required.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42 
U.S.C. 9617. Documents in the partial deletion docket which the EPA 
relied on for recommendation for the partial deletion from the NPL are 
available to the public in the information repositories, and a notice 
of availability of the Notice of Intent for Partial Deletion has been 
published in the Houston Chronicle to satisfy public participation 
procedures required by 40 CFR 300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    In accordance with 40 CFR 300.425(e), sites may be deleted from the 
NPL where no further response is

[[Page 33729]]

appropriate. The EPA, in consultation with the State of Texas (through 
the Texas Commission on Environmental Quality), has determined that the 
potentially responsible parties have completed the removal action for 
Operable Unit 1 according to the May 1999 ``Unilateral Administrative 
Order,'' and that Clinton Gregg Investments, Ltd. has completed the 
soil remedial action for Operable Unit 1 according to the July 2004 
``Record of Decision'' and the September 2006 ``Agreed Order on Consent 
and Covenant Not to Sue.'' Additionally, EPA completed the removal 
action at Operable Unit 1 according to the September 1998 ``Action 
Memorandum.''

V. Partial Deletion Action

    The EPA, with concurrence of the State of Texas, through the Texas 
Commission on Environmental Quality, has determined that all 
appropriate response actions under CERCLA have been completed. 
Therefore, EPA is deleting the soils of Operable Unit 1 and the 
underlying ground water of the approximately 8-acre western portion of 
Operable Unit 1 of the Many Diversified Interests, Inc. Superfund Site 
from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective August 16, 2010 unless EPA receives adverse comments by 
July 15, 2010. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially delete and the comments 
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

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

    Dated: June 4, 2010.
Lawerence E. Starfield,
Acting Regional Administrator, Region 6.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

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 revising the entry 
under ``Many Diversified Interests, Inc., Texas'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
            State                        Site name                     City/county                Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
TX...........................  Many Diversified Interests,    Houston......................  P
                                Inc.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) * * *
* P = Sites with partial deletion(s).

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