2.1.1 Narrative

In accordance with the statement of work (SOW), in the EPA Administrative Order on Consent (AOC), Respondents International Paper Company Inc. (IP) and McGinnes Industrial Maintenance Corporation (MIMC) have 30 calendar days to begin construction for the time critical removal action.  On November 8, 2010 the EPA finalized a work plan that details the construction of a temporary cap that will stabilize the release or threat of release of hazardous substances into the San Jacinto River.

2.1.2 Response Actions to Date

On January 5, 2011, EPA remedial project manager (RPM) Leos conducted a site inspection and documented that all on site field activities at the site have stopped not in accordance with the Work Plan or the Work Plan Schedule.  The Respondents resumed some on site field activities on February 1, 2011 in preparation for implementing the time critical removal action. 

On February 17, 2011, the respondents began the waterside placement of armor cap D rock on top of the eastern waste pit cell.  The eastern cell is under approximately 4 feet of water (during low tide) so placement of rock is being completed via barges stationed in the water alongside the eastern pit. Access road improvements along the Texas Department of Transportation (TxDOT) Right-of-Way (ROW) adjacent to the waste pits continue, preparation of office trailers for onsite project management is completed, and as of June 1, 2011 approximately 20,641 tons of Armor Cap D rock has been placed in the eastern cell.

On February 23, 2011, the respondents began the clearing and grubbing of the western cell in preparation for cap placement.  The clearing and grubbing involves the use of an excavator that is removing large trees, shrubs, and vegetative debris that has grown on top of the western cell.  All debris that may be potentially contaminated will be temporarily staged on top of the western cell.  Any off site disposal of vegetative debris with visible contamination will be first sampled for disposal analysis and sent to the appropriate EPA approved subtitle C or subtitle D hazardous waste landfill.

On March 16, 2011, the respondents began the waterside placement of armor cap C on top of the eastern waste pit cell. As of June 1, 2011, approximately 9,708 tons of armor cap C has been placed.

On March 18, 2011, the respondents began the land side placement of armor cap A and B/C on top of the eastern cell.  Similar to the waterside placement, a geotextile fabric is carefully placed on top of the eastern cell prior to the placement of rock.  Some initial clearing and grubbing of shrubs and trees took place prior to the placement of rock along the central and southern berms along the eastern cell.  As of June 1, 2011 approximately 12,459 tons of armor cap A and 1,927 tons of armor cap B/C have been placed. 

On March 28, 2011, the respondents began the waterside placement of armor cap A on top of the Northwestern portion of the western waste pit cell.

Due to concerns raised by the EPA in a letter dated April 8, 2011about the displacement of waste sludge in the Western cell during the clearing a grubbing operations, the respondents modified their approach by mixing portland cement into low lying areas in western cell for solidification and stabilization of waste prior to placement of the geotextile / geomembrane fabric and armor cap.

On May 19, 2011, the respondents finished the waterside placement of the armor cap in the Eastern cell pending final hydrographic surveys for any rework areas. 

On June 2, 2011, the respondents began the land side placement of the armor cap in the Western cell.  Placement of the armor cap followed the completion of the western cell preparation which included clearing and grubbing on site vegetation, solidification of low lying areas, shaping and grading, placement of granular fill, and installation of geotextile fabric and geomembrane liner.

On July 12, 2011, the respondents finished the land side placement of the armor cap in the Western cell. 

Total approximate rock placed (armor cap A, B/C, C, and D) as of July 18, 2011 is approximately 58,698 tons which is 100% of the entire project.

On August 1, 2011, the EPA conducted a final inspection for the interim armor cap constructed for Time Critical Removal Action (TCRA) .  The inspection was conducted by Remedial Project Manager Leos and included the following elements: Laydown and staging area, access road, guardrail, debris and tire removal, environmental protection (i.e. silt fencing and site drainage), site security fencing, site signage, clearing and grubbing, geotextile placement, linear low-density polyethylene (LLDPE) placement, armor cap placement, contingency planning (i.e. armor cap stockpile and ER plan). 

2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)

Currently, EPA is working with Respondents International Paper Company Inc. and McGinnes Industrial Maintenance Corporation under an EPA issued Administrative Order on Consent.  Respondents did not perform all requirements of the AOC within the time limits established under this AOC.  In December 2010, Respondents requested an open ended extension in time to complete the remaining removal work claiming they were unable to perform requirements under the AOC within agreed upon time limits due to force majeure.  EPA reviewed Respondents claim, and disagreed with Respondents that the delay was attributable to force majeure.  On February 16, 2011 EPA notified Respondents in writing of its decision that Respondents were in violation of the AOC subject to stipulated penalties.   The EPA issued Notice of Violation Letters on January 14, January 21, January 24, March 3, 2011, and August 3, 2011 for noncompliance with the AOC.  Respondents have requested EPA to excuse their noncompliance with the AOC due to force majeure.  The EPA has reviewed the record and determined that there is no evidence of a force majeure event.  Respondents are in the process of correcting their noncompliance with the AOC.  On March 3, 2011 the EPA issued its first status of noncompliance letter to Respondents documenting the first corrections to their noncompliance activities under the AOC.