THIRD FIVE-YEAR REVIEW REPORT

FOR

IMPERIAL REFINING COMPANY SUPERFUND SITE
CARTER COUNTY, OKLAHOMA

sr^

% PRO^

June 2023

Prepared by

U.S. Environmental Protection Agency
Region 6
Dallas, Texas


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THIRD FIVE-YEAR REVIEW REPORT
IMPERIAL REFINING COMPANY SUPERFUND SITE
EPA ID#: OK0002024099
CARTER COUNTY, OKLAHOMA

This memorandum documents the U.S. Environmental Protection Agency's performance,
determinations, and approval of the Imperial Refining Company Superfund Site (Site) third
Five-Year Review under Section 121(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S. Code Section 9621(c), as provided in the attached
Third Five-Year Review Report.

Summary of the Third Five-Year Review Report

The Third Five-Year Review for the Imperial Refining Company Superfund Site indicates that the
remedial actions set forth in the decision documents for the Site continue to be implemented as
planned. The original remedy in the Record of Decision called for excavation and offsite disposal
of all wastes found on-site. As excavation activities progressed, waste was found in areas where
excavation was impractical and potentially dangerous. The remedy was amended in 2009 to
excavate and remove waste materials to the extent practicable and place a clay barrier over the
non-hazardous wastes that remain in place. The remedial action objectives have been achieved.

Erosion control measures are working; however, conditions need to be observed at least annually
and after rainfall events greater than a 2-year storm event. Access to the Site needs attention. This
inspection revealed that the entry gates on both sides of Hwy 142 were missing. The gates are not
a component of the remedy from the ROD; however, Oklahoma DEQ will inform the property
owner that the gates are missing and recommend replacement.

The remedy was also evaluated for climate change impacts. Based on this evaluation, the
protectiveness of the remedy is anticipated to not be affected by climate change (see Section V,
Question C for more information).

The E J Screen report (Appendix I) identifies EJ Indexes that do not exceed the 80th percentile at
the national and state average level. Public input on the five-year review was solicited through a
public notice in the Ardmoreite on January 6, 2023. Public comments and/or Site interviews are
included in Section IV, Community Notification, Involvement & Site Interviews.

The assessment of this five-year review found that all threats at the Site have been addressed,
and the selected remedy is expected to remain protective of human health and the environment.

Environmental Indicators

Human Exposure Status: Human Exposure Under-Control
Contaminated Groundwater Status: N/A

Site-Wide Ready for Reuse: The Site achieved Site-Wide Ready for Anticipated Industrial reuse
Actions Needed

The following actions must be taken for the remedy to be protective in the long term: None;


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however, replacement of the gates is recommended. The gates are not a component of the
remedy from the ROD.

Determination

I have determined that the remedy for the Imperial Refining Company Superfund Site protective
of human health and the environment. This five-year review report specifies the actions that
need to be taken for the remedy to remain protective for the long term.

LISA PRICE

Digitally signed by LISA
PRICE

Date: 2023.06.20
12:30:55 -05'00'

Lisa Price

Date

Acting Director. Superfund and Emergency Management Division
U.S. Environmental Protection Agency Region 6


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ISSUES/RECOMMENDATIONS

THIRD FIVE-YEAR REVIEW REPORT
IMPERIAL REFINING COMPANY SUPERFUND SITE
CARTER COUNTY, OKLAHOMA
EPA ID#: OK0002024099

Issucs/Rccommcndations

Oll(s) without Issues/Recommendations Identified in the Five-Year Review:
Source Control Operable Unit, OU 01


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Table of Contents

LIST OF ABBREVIATIONS & ACRONYMS	2

I.	INTRODUCTION	3

FIVE-YEAR REVIEW SUMMARY FORM	5

II.	RESPONSE ACTION SUMMARY	5

Basis for Taking Action	5

Response Actions	6

Status of Implementation	8

IC Summary Table	9

Systems Operations/Operation & Maintenance	 11

III.	PROGRESS SINCE THE LAST REVIEW	 11

IV.	FIVE-YEAR REVIEW PROCESS	 11

Community Notification, Involvement & Site Interviews	 11

Data Review	 12

Site Inspection	 12

V.	TECHNICAL ASSESSMENT	 13

QUESTION A: Is the remedy functioning as intended by the decision documents9	 13

QUESTION B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action

objectives (RAOs) used at the time of the remedy selection still valid9	 14

QUESTION C: Has any other information come to light that could call into question the
protectiveness of the remedy9	 14

VI.	ISSUES/RECOMMENDATIONS	15

OTHER FINDINGS	15

VII.	PROTECTIVNESS STATEMENT	15

VIII.	NEXT REVIEW	15

APPENDIX A: REFERENCE LIST
APPENDIX B: INSTITUTIONAL CONTROLS

APPENDIX C - SITE BACKGROUND / BASIS FOR TAKING ACTION / RESPONSE ACTION

APPENDIX D - SITE CHRONOLOGY

APPENDIX E: SITE MAP

APPENDIX F: SITE INSPECTION CHECK LIST

APPENDIX G: INSPECTIONS

APPENDIX H: INTERVIEWS

APPENDIX I: EJSCREEN REPORT

APPENDIX J: VALERO PRE-INSPECTION REPORT COVER LETTER

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LIST OF ABBREVIATIONS & ACRONYMS

ARAR

Applicable or Relevant and Appropriate Requirement

BNSF

Burlington Northern Santa Fe Railway

CERCLA

Comprehensive Environmental Response. Compensation, and Liability Act

CFR

Code of Federal Regulations

COC

Contaminants of Concern

DEQ

Oklahoma Department of Environmental Quality

EPA

United States Environmental Protection Agency

EPS

Environmental Programs Specialist

EPM

Environmental Programs Manager

FYR

Five-Year Review

ICs

Institutional Controls

IRC

Imperial Refining Company

NCP

National Oil and Hazardous Substances Pollution Contingency Plan

NPL

National Priorities List

O&M

Operation and Maintenance

PRP

Potentially Responsible Party

RAO

Remedial Action Objectives

RI

Remedial Investigation

ROD

Record of Decision

RPM

Remedial Project Manager

TBC

To be considered

UU/UE

Unlimited Use / Unrestricted Exposure

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I. INTRODUCTION

The purpose of a Five-Year Review (FYR) is to evaluate the implementation and performance of a
remedy in order to determine if the remedy is and will continue to be protective of human health and
the environment. The methods, findings, and conclusions of reviews are documented in five- year
review reports such as this one. In addition, FYR reports identify issues found during the review, if
any, and document recommendations to address them.

The U.S. Environmental Protection Agency (EPA) is preparing this FYR pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 121,
consistent with the National Contingency Plan (NCP) (40 CFR Section 300.430(f)(4)(ii)) and
considering EPA policy.

This is the third FYR for the Imperial Refining Company Superfund Site. The triggering action for
this statutory FYR is the completion of the previous FYR. The FYR has been prepared due to the
fact that hazardous substances, pollutants, or contaminants remain at the Site above levels that allow
for unlimited use and unrestricted exposure (UU/UE).

The Site consists of one Operable Unit (OU1) that will be addressed in this FYR. OU1 addresses
contaminants and waste material contained in soil and sediment.

The Imperial Refining Company (IRC) Superfund Site Five-Year Review was led by Steven Gunnels,
Environmental Programs Specialist (EPS), Oklahoma Department of Environmental Quality (DEQ).
Participants included Brian Mueller, Remedial Project Manager (RPM), EPA; Hal Cant well, EPS,
DEQ; Kelsey Bufford, Environmental Programs Manager (EPM), DEQ, and Makenna Hartman, EPS,
DEQ. The review began on 10/12/2022.

Site Background

The Site is the location of a former petroleum refinery that operated from 1917 to 1934. The Site
is located in the northeastern portion of the City of Ardmore, Carter County, Oklahoma. The legal
description of the property is SE Vi, NE Vi, Section 20, and SW Vi, NW Vi, Section 21, Township
04 South, Range 02 East, Indian Meridian. The Site is divided into an east and west half by U.S.
Highway 142. The eastern half is further divided into two east and west sections by railroad tracks
operated by Burlington Northern Santa Fe (BNSF) Railway Company.

Numerous tanks and buildings were present on the Site during refinery operations, but all of the
tanks and most of the buildings were dismantled sometime between 1934 and 1948, leaving the
property in much the same condition as it is today, mixed wooded areas and open fields.

The Site is approximately 72 acres divided into three parcels: the West (36.5 acres). East (14.5
acres), and East Railroad (21 acres). The overall slope of the Site is toward Sand Creek, an
intermittent stream that flows south to north near the eastern boundary of the Site. The primary
physical features on the Site include Sand Creek, two ponds, and a central ridge that trends
northwest to southeast. The slope east of Sand Creek is generally west towards the creek. Surface
elevations range from approximately 775 feet (ft) mean sea level along Sand Creek to 850 ft mean
sea level on the west side of the Site.

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A large percentage of the original acreage is not closely monitored, as those portions have been fully
investigated and/or remediated. The Site has been cleaned to industrial levels. There are several areas
where contaminated materials were capped in place. The Site has not been developed since
completion and currently there are no anticipated reuses of the Site.

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FIVE-YEAR REVIEW SUMMARY FORM

sin: idi:m ii ic a i ion

Site Name: Imperial Refining Company Superfund Site

EPA ID: OK0002024099

1 Region: 6

State: OK City/County: Ardmore / Carter |





site s i a ri s

| NPL Status: Deleted





Multiple OUs?
No

Has the site achieved construction completion?

Yes

review s i a i t s

n

Lead agency: State

Author name: Steven Gunnels

Author affiliation: Oklahoma Department of Environmental Quality

Rev iew period: 9/12/2022 - 8/17/2023 (the review period was delayed due to delayed funding)

Date of site inspection: 10/19/2022

Type of rev iew: Statutory

Rev iew number: 3

Triggering action date: 3/9/2018 (original date)

Due date (fiveyears after triggering action date): 3/9/2023 (original date)

II. RESPONSE ACTION SUMMARY
Basis for Taking Action

The basis for taking action at the Site was to protect human health and the environment. The
contaminants of concern (COCs) for the Site were identified as benzo(a)pyrene and arsenic. A human
health risk and ecological risk assessment were conducted during the Remedial Investigation (RI), and
cleanup levels for the COCs were determined. The tables below describe the current human health and
ecological benchmarks.

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Table 1: CURRENT HUMAN Hi

EALTH BENCHMAI

RKS

Industrial Soil

ROD
Cleanup
Level

^Current
Benchmark

Basis for
Cleanup Level

Risk at Cleanup
Level

Arsenic

20 mg/kg

20 mg/kg

Background

5.00E-05

Benzo(a)pyrene

5.27 mg/kg

5.27 mg/kg

Human Health

2.50E-05

*EPA's Integrated Risk Information System

Table 2: CUR]

RENT ECOLOGICAL BENCHM ARKS

Industrial Soil

ROD
Cleanup
Level

^Current
Benchmark

Basis for
Cleanup
Level

Risk at Cleanup
Level

Arsenic

20 mg/kg

20 mg/kg

Background

5.00E-05

Benzo(a)pyrene

0.782 mg/kg

0.782 mg/kg

Ecological

Not Applicable

*EPA's Integrated Risk Information System

Response Actions

In 1998 and 1999, EPA conducted removal assessments of the Site and proposed the Site to the National
Priorities List (NPL) in 2000. In 2004, a removal action was conducted to install perimeter fencing on the
Site.

In 2007, the Record of Decision (ROD) was signed, and the following were determined as the remedial
action objectives (RAOs):

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 concentrations in excess of 5.00E-05 and 2.50E-05 excess cancer risk respectively.

Pond and Creek Sediment:

1)	Prevent exposure to current and future human receptors through ingestion, dermal contact, and
inhalation of contaminated sediment containing arsenic concentrations in excess of 5.00E-05 excess
cancer risk.

2)	Prevent exposure to current and future ecological receptors through direct contact, food-chain
uptake, and incidental ingestion of contaminated sediments containing benzo(a)pyrene
concentrations in excess of levels that are protective of ecological receptors.

Waste Material:

1)	Prevent exposure to human and ecological receptors through ingestion and dermal contact.

2)	Prevent further migration of waste material contamination from the Site to and/or offsite soil,
sediment, groundwater, and surface water.

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The major remedy component for the Site, as selected in the 2007 ROD, was the excavation and off-site
disposal of soil, sediment, and waste material. Excavated areas were then backfilled, graded, and seeded
after confirmation sampling indicated that cleanup levels (residential) were met.

As excavation activities progressed, waste was found in locations where removal would be
impracticable and dangerous. In 2009, the amended ROD was signed that changed the cleanup levels
for the Site from residential to industrial. Tables 1 and 2 above describe the clean-up levels as selected
in the amended ROD.

The remedy activities included in the 2009 ROD Amendment, to supplement the 2007 ROD remedy of
excavation and offsite disposal, included material being left in-place, the use of institutional controls,
and the implementation of long-term monitoring. The R AOs were unchanged by the 2009 ROD
Amendment. The remedy components are described below.

Ponds: Due to the presence of uncontaminated overburden, the complete removal of surface
sediment exceeding the ecological cleanup numbers, and the unknown locations of waste at
depth throughout the remaining areas of the ponds, no further excavation occurred. Excavated
areas were backfilled with clean material, and an Institutional Control (IC) was placed on the
ponds. O&M activities will be conducted by DEQ, and five-year reviews will be conducted by
EPA.

Northern Site Boundary with Atlas Roofing. Inc.: An engineering evaluation identified suitable
slope stabilization and construction activities and an appropriate backfill material for placement
on the waste. As backfill material was imported, a slope of no greater than 3 feet vertical to 1
foot horizontal was maintained along this border to minimize erosion and facilitate slope support,
drainage control, and re vegetation. Atlas Roofing, Inc. placed an IC on the property. O&M
activities will be conducted by DEQ, and five-year reviews will be conducted by EPA.

Site Boundaries with Highway (Hvvv) 142: An engineering evaluation identified suitable slope
stabilization and construction activities and backfill material for placement on the waste. As
backfill material was imported, a slope of no greater than 3 feet vertical to 1 foot horizontal was
maintained along this border to minimize erosion and facilitate slope support, drainage control,
and revegetation. The Oklahoma Department of Transportation placed an IC on Hwy 142 and its
associated utility easements. O&M activities will be conducted by DEQ in coordination with the
Oklahoma Department of Transportation, and five-year reviews will be conducted by EPA.

Northern and Western Boundaries with Valero Refinery property: Backfill of the excavated
areas and areas above the waste material provides slope control, drainage control, and
establishment of vegetation. As backfill was placed, the drainage along this boundary was re-
directed away from these waste areas in an effort to mitigate erosion, ensure drainage control,
and facilitate revegetation. An IC was placed on the property. O&M activities will be conducted
by DEQ, and five-year reviews will be conducted by EPA.

ONEOK Gas Pipeline: As backfill material was imported, a gentle slope was maintained along
this border to minimize erosion and facilitate slope support, drainage control, and revegetation.
The clay backfill was placed on either side of the pipeline and clay overburden, at a depth of
approximately two feet, was placed along the top of the gas line to provide a barrier for the

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pipeline and promote surface water runoff. An IC was placed on the property. DEQ will
conduct O&M activities in coordination with ONEOK, and five-year reviews will be conducted
by EPA.

Site Boundary with BNSF Railway: Backfill of the excavated areas and areas above the waste
material provides for slope control, drainage control, and establishment of vegetation. BNSF
placed an IC on the railroad right-of-way. O&M activities will be conducted by DEQ in
coordination with BNSF, and five-year reviews will be conducted by EPA to ensure
protectiveness.

Erosion Mitigation: The Site is monitored routinely for areas of erosion and lack of vegetative
growth. Actions that have been implemented to address identified erosion areas include seeding,
fertilization, silt fencing, area grading, wood mulching, rip-rap placement, and water discharge
management control.

Status of Implementation

Remedial action at the Site was completed in 2012, and O&M activities have been conducted as
intended. The Final Close Out Report of the Site was completed in 2013, and the Site was deleted from
the National Priorities List (NPL) later that year. As part of the amended ROD, ICs were placed on the
Site and are included in the table below.

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IC Summary Table

Table 3: Summary of Planned and/or Implemented ICs

Media, engineered

controls, and areas that do
not support UU/lJE based

on current conditions

ICs
Needed

ICs Called
for in the
Decision
Documents

Impacted
Parcel(s)

IC

Objective

Title of IC
Instalment
Implemented and
Date (or planned)

Land

(Northern Site Boundary
with Atlas Roofing, Inc.)

Yes

Yes

Southern
boundary
of Atlas
that
borders the
Site

Land Use Restriction.
No Excavations. No
Residential Use.

Notice of Land
Use Restriction

Land. Ground Water
(Site Boundary with
BNSF Railway)

Yes

Yes

BNSF
Railroad
Right of
Way on
Site.

Prohibit Residential
Use. Restrict Digging.
Restrict Erosion
Activities. Prohibit
use of ground water.

Covenants
restricting Use of

Land

Land

(ONEOK Gas Pipeline)

Yes

Yes

See
Appendix
B

No digging below 5'.

No activities that
cause erosion where
waste remains. No
residential use. DEQ
notification if
maintenance is
required. No
activities that will
disturb or cause
erosion of pond
sediments.

ONEOK
Easement at the
Imperial Refining
Superfund Site

Land

(Northern and Western
Boundaries with Valero
Refinery property)

Yes

Yes

194.0-20-

10-11-
02.000 &
194.0-20-
20-20.000

No digging at or
below 5' where waste
remains in place. No
residential, recreation,
or child-care use.
Ow ner will follow

DEQ approved
Interim Corrective
Measure.

Notice of
Remediation and
Easement

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Land

(Ponds and clay barriers)

Yes

Yes

Site

No digging at or
below 5' from surface
in areas where waste
remains. No activities
that will cause erosion
where waste remains.
No residential use.
Maintenance requires
DEQ notification.

Imperial Refining
Superfund Site

Land. Ground Water
(Site Boundaries with
Highway 142)

Yes

Yes

Hwy 142,
through the
Site

See Appendix B

Covenants
Restricting Use of
Land Recitals-
ODOT

Land. Ground Water
(Portion of East Pond on
Thomason Property)

Yes

Yes

Hwy 142,
through the
Site

See Appendix B

A Triangular
Portion of the
Thomason
property/Creation of
Easement


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Systems Operations/Operation & Maintenance

O&M of the Site includes annual inspections to ensure that there are no erosion issues and that
vegetation remains healthy at the Site. Additionally, Site inspections are to be conducted after rainfall
events that exceed the 2-year 24-hour rainfall total.

Two rainfall events that exceeded the 2-year 24-hour rainfall total occurred since the last FYR: one in
2015 and one in 2020. After the 2015 rainfall event, it was discovered that the east spillway had washed
out. In 2016, the spillway was repaired by re-grading the slope and placing additional rip rap on the
spillway. After the 2020 rainfall event, no erosion issues were evident at the spillway or elsewhere.

III. PROGRESS SINCE THE LAST REVIEW

This section includes the protectiveness determinations and statements from the last five-year
review, as well as the recommendations from the last five-year review and the current status of those
recommendations.

Table 4: Protectiveness Determinations/Statements from the 2018 FYR

OH#

Protectiveness
Determination

Protectiveness Statement

Sitewide

Protective

The remedy implemented at the Site is currently
protective of human health and the environment. Areas
of the Site where waste was left in place remain below
uncontaminated soil and vegetation continues to grow.
Waste left in place at the ponds generally continue to be
covered by uncontaminated sediment overburden.
Institutional controls are in place to restrict Site use.

There were no issues or recommendations in the last FYR; however, other findings were addressed:

OTHER FINDINGS:

The following items were identified as part of the previous Five-Year Review and need to be continued:

•	Institutional controls should remain in place and continue to be enforced,

•	Erosion control measures appear to be working, but the Site should continue to be inspected annually
and after rainfall events greater than a 2-year storm event. Maintenance to prevent erosion where
waste remains in-place may include grading, seeding, importing backfill, or installing rip rap.

IV. FIVE-YEAR REVIEW PROCESS
Community Notification. Involvement & Site Interviews

A public notice was made available by placing a legal notice in the local paper. The Ardmoreite posted
the legal notice in the January 6, 2023, edition stating that there was a five-year review and inviting the
public to submit any comments to the U.S. EPA and DEQ. The results of the review and the report will
be made available at the Site information repository located at the Ardmore Public Library, 320 East
Street NW, Ardmore, Oklahoma, 73401 and on the DEQ website. A second notice will be published in

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The Ardmoreite when the review is complete.

During the FYR process, interviews were conducted to document any perceived problems or successes
with the remedy that has been implemented to date. The results of these interviews are summarized

below.

Opportunity to comment on this Site was provided in the form of a questionnaire. These questionnaires
were offered to the environmental staff of the Burlington Northern Santa Fe (BNSF) Railway that
shares the Site, Chickasaw Nation Support Services, and representatives of DEQ. No other public
inquiries into the Five-Year Review were made during the period of this review. According to the
interview responses, the overall impression of the Site is the state has acted accordingly and effectively
with the O&M plan of the Site.

Complete interviews are included in Appendix H.

Data Review

Data collection does not occur as part of regular O&M of the Site. During the previous FYR, EPA
and DEQ performed pond sediment sampling to ensure that the clean overburden continued to meet
remedy requirements. The sample data indicated that the remedy is performing as designed. No
analytes were detected in the samples except Arsenic, which was detected at levels similar
background levels at the Site (0.6 - 21 mg/kg) (Reference 6) Sample collection was not recommended
for this FYR.

Site Inspection

The inspection of the Site was conducted on 10/19/2022. In attendance were Brian Mueller, EP A and
Steve Gunnels, Kelsey Bufford, Makenna Hartman, and Hal Cant well, DEQ. The purpose of the
inspection was to assess the protectiveness of the remedy.

The Site remedy overall continued to operate as intended. Vegetation was well established; the east
pond spillway remains intact. Areas where waste was buried in place remained buried, and the slopes
along the Atlas property did not erode to a level that needed immediate attention and are inspected
during regular Site visits. No other potential issues that affect the remedy were detected.

During the inspection, household debris and other personal items on the property were observed indicating
that the Site had been used as a dumping ground. In addition, the gates entering the Site on both sides of
Hwy 142 were missing. Site access is shared with BNSF Railway. On October 20, 2022, EPA contacted
BNSF regarding the gate. BNSF stated that they will not replace the missing gate nor place a lock on the
gate but need access. The gates are not a component of the remedy from the ROD; however, Oklahoma
DEQ will inform the property owner that the gates are missing and recommend replacement.


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V. TECHNICAL ASSESSMENT

QUESTION A: Is the remedy functioning as intended by the decision documents9
Question A Summary:

The remedy has been functioning as intended in the amended ROD. Contaminated soils from
the Site were excavated to reach clean up levels, then backfilled. Areas where excavation was not
possible were backfilled and graded to prevent erosion. An O&M Plan is required to ensure the
backfill/soil cover is effective in preventing exposure to the wastes below the clay cap and has been
put in place. The objectives of the O&M Plan are to demonstrate that:

•	Soil cover is effective in reducing exposure,

•	Waste material has not migrated offsite,

•	ICs are effective in reducing exposure and restricting Site reuse,

•	Site grading provides for adequate run-off and run-on, and

•	Vegetation is effective on erosion, stability, and exposure control for the cover material.

O&M activities conducted since the last Five-Year Review include inspecting the drainage control and
repair of the East Pond spillway, maintaining vegetative cover, site inspections after 2-year storm
events, and annual site inspections. Also, institutional controls are in place on the Site, and they are
functioning as designed.

Valero Refining Company - Oklahoma ("Valero") completed a remedial action in association with two
Valero-owned properties located adjacent to IRC. Both Valero properties were impacted by waste
material that migrated from the Site. Per the ROD Amendment, waste that had migrated from IRC onto
the Valero properties was left in place due to cost constraints at the end of the clean-up. The primary
CoCs on affected Valero properties were identified as benzo(a)pyrene, a polycyclic aromatic
hydrocarbon ("PAH"), and arsenic (Weston Solutions, 2005). Remedial activities for the two affected
properties were completed by Valero in accordance with the Remedial Action Work Plan submitted to
Oklahoma DEQ on June 12, 2015. A final report was prepared pursuant to a pre-certification inspection
of remediated areas conducted by the DEQ on July 16, 2021 (Reference 8).

During the previous FYR, EPA and DEQ performed pond sediment sampling to ensure that the clean
overburden continued to meet remedy requirements. The sample data indicated that the remedy is
performing as designed. No analytes were detected in the samples except Arsenic, which was detected at
levels similar background levels at the Site (0.6 - 21 mg/kg) (Reference 6) No samples were collected
during this FYR. It is recommended that sample collection should occur on the Fourth Five Year Review
to ensure the cap remains effective.

Implementation of Institutional Controls and Other Measures

ICs are in place around the perimeter of the Site. Fencing along the property line with Valero has a
section in need of repair to prevent access to and from the Valero property (see Appendix F). This FYR
revealed that the gates accessing the Site on both sides of Hwy 142 are missing. The gates are not a
component of the remedy from the ROD; however, Oklahoma DEQ will inform the property owner that the
gates are missing and recommend replacement.


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QUESTION B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action
objectives (RAOs) used at the time of the remedy selection still valid9

Question 6 Summary:

There have been no changes in the exposure assumptions or physical conditions of the Site that
would affect the protectiveness of the remedy. The remedial action complies with all applicable
and relevant and appropriate requirements (ARARs). There were no newly promulgated ARARs
during this five-year review. The ARARs for the remedial action, including the Endangered Species
Act, the Executive Order on Floodplain Management, the National Emission Standards for Hazardous
Air Pollutants, the Oklahoma Clean Air Act, and DEQ's Air Pollution Control rules were met. The
contaminants left on site were compliant with the Oklahoma Solid Waste Management Act, 27 AOS.
Section 2-10-101 et seq. and DEQ's Solid Waste Management rules, OAC 252:515. Current and
future zoning maps produced by the City of Ardmore depict portions of the Site west of Hwy 142 and
east of the railroad tracks as light industrial and the portion of the Site east of Hwy 142 and west of
the railroad tracks as heavy industrial. There have been no changes in land use of the surrounding
areas.

In addition, there are no changes in exposure pathways for the industrial worker or trespasser.
There have been no changes to toxicity criteria or contaminant characteristics or standards for
Arsenic and benzo(a)pyrene. EPA's Integrated Risk Information System for these chemicals was last
updated June 22, 2022. There have been no new contaminants or contaminant sources identified at
the Site. Since there is no change to the exposure pathways or contaminants of concern, the remedial
action is performing as expected, and RAOs are currently being achieved.

QUESTION C : Has any other information come to light that could call into question the protectiveness
of the remedy9

Question C Summary

In 2023, a screening level assessment of the potential for climate change to affect the protectiveness of the
remedy was completed. This included using EPA's EJ Screening Tool version 2.0. According to the
EJScreening T ool (March 15, 2023): less than 20 percent of the area is within a 100-year flood plain; there
is approximately 1 to 1.25 change in moisture and average change in drought over a five-year period
according to the Standard Precipitation Evapotran spi rati on Index (SPE1); and it is subject to very low
wildfire hazard potential. Based on this evaluation, potential impacts from climate change would be
minimal in its effect on the remedy.

VI. ISSUES/RECOMMENDATIONS

I Oll(s) without Issues/Recommendations Identified in the Five-Year Review:

Issues/Recommendations

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OU 01

OTHER FINDINGS

In addition, the follow ing are recommendations that were identified during the FYR and need to be continued:

•	Institutional Controls should remain in place and continue to be enforced.

•	Erosion control measures appear to be working, but the Site should continue to be inspected annually, and
after rainfall events greater than a 2-year storm event. Maintenance to prevent erosion where waste
remains in place may include grading, seeding, importing backfill, or installation of rip rap.

The follow ing are recommendations that were identified during the FYR that would support continued
protectiveness of the remedy

•	Request the property owner to replace gates to keep out trespassers.

•	It is recommended that sample collection should occur on the Fourth Five Year Review to ensure the cap
remains effective.

VII. PROTECTIVNESS STATEMENT

Silewide I'roUTtiMMiess Stiiloiiienl

Protectiveness Determination:

Protective

Protectiveness Statement:

The remedy implemented at the Site is currently protective of human health and the environment. Areas
of the Site where waste was left in place remain below uncontaminated soil and vegetation continues to
grow. Waste left in place at the ponds generally continue to be covered by uncontaminated sediment
overburden. Institutional controls are in place to restrict Site use.

VIII. NEXT REVIEW

The fourth five-year review report for the Imperial Refining Company Superfund Site is required five
years from the completion date of this review.


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APPENDIX A - REFERENCE LIST

1.	U.S. Environmental Protection Agency. Five Year Review Report for Imperial Refining Company

Super fund Site, Carter County Oklahoma. February 2013.

2.	U.S. Environmental Protection Agency. Remedial Action Report for Imperial Refining Company, East
and West of Refinery Road South Hwy 142, Carter County, Ardmore, Oklahoma. OK0002024099.
December 2012.

3.	U.S. Environmental Protection Agency. Record of Decision Summary, Imperial Refining Company
SuperfundSite, Ardmore, Carter County, Oklahoma. OK0002024099. December 2007.

4.	U.S. Environmental Protection Agency. Record of Decision Summary, Imperial Refining Company
Superfund Site, Ardmore, Carter County, Oklahoma. OK0002024099. February 2009.

5.	Oklahoma Department of Environmental Quality. Operation and Maintenance Plan for the Imperial
Refining Company Superfund Site, Ardmore, Carter County, Oklahoma. August 2012.

6.	Oklahoma Department of Environmental Quality. Second Five Year Review for the Imperial Refining
Company Superfund Site, Ardmore, Carter County, Oklahoma. February 2018.

7.	The City of Ardmore Zoning Map: Z on inn Atlas -U Glo PDF (ardmorecitv.org)

8.	Oklahoma Department of Environmental Quality. Valero Pre-Certification Inspection Report, Ardmore,
Carter County, Oklahoma. June 2021

16


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APPENDIX B:

INSTITUTIONAL CONTROLS

17


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1-2009-006185 Book 5007 Pg 118
06/08/2009 8 31 am Pg 0118-0121

Fee $19 00 Doc$ 0 00
Cynthia Harmon - Carter County ClerK
State of Oklahoma

NOTICE OF REMEDIATION AND EASEMENT

LEGAL BASIS FOR NOTICE: The Oklahoma Department of Environmental Quality
("DEQ") hereby files this Notice of Remediation pursuant to Oklahoma Statutes. 27A § 2-7-123
(B). This Notice does not grant any right to any person not already allowed by law and shall not be
construed to authorize or encourage any person or other legal entity to cause or increase pollution,
to avoid compliance with State or Federal laws and regulations regarding pollution or to escape
responsibility for maintaining environmentally sound operations.

The DEQ may take administrative or civil action to recover costs or to compel compliance with
the "Land Use Restrictions" and to prevent damage to or interference with the ..Engineering
Controls" and "Continuing Operation, Maintenance of said Engineering Controls" herein
described.

The Land Use Restrictions. Engineering Controls and Continuing Operation. Maintenance of
said Engineering Controls shall apply to the portion of the property identified in the attached
map (the "Affected Property") and to persons who own and/or use the Affected Property until such
time us the DEQ files a subsequent Notice of Remediation that changes or removes one or more of
them. Activities that cause or could cause damage to the Remedy or the Engineering Controls or
recontamination of soil or groundwater are prohibited. DEQ understands and acknowledges that
the A fleeted Property is part of an operating petroleum refinery.

The owner of the A fleeted Property has the legal authority to create, and does hereby voluntarily
create, an easement granted to the DEQ and its employees and agents, for ingress and egress
through, across and onto the parking and other outside areas of the A fleeted Property as they
exist from time to time to assure the ongoing protection of the Remedy. Engineering Controls
and Land Use Restrictions. This easement touches and concerns the land and runs with the land,
is legally binding on all current and future owners and tenants of the A fleeted Property and shall
only be removed or modified if and when the DEQ modifies or removes the Land Use Restrictions.
Engineering Controls and Continuing Operation. Maintenance of said Engineering Controls.

REASON FOR NOTICE: The below described Affected Property was contaminated with
material from the Imperial Refining Company Superfund Site located adjacent to the A fleeted
Property that may require remediation pursuant to State and Federal environmental laws and
regulations. Based upon the U.S. Environmental Protection Agency's characterization of the
material (nonhazardous) it was left in place. At the request of US EPA and DEQ. the owner, at
its own expense, is conducting a further assessment of the Imperial Refining Company
Superfund Site material located on the Affected Property and is working with DEQ on determining
the appropriate remedy, engineering controls, continuing operation, maintenance and monitoring,
and final land use restrictions.

AFFECTED PROPERTY: The A fleeted Property consists of two separate parcels. The first
parcel of the Affected Property is Carter County Parcel No. 194.0-20-10-11-02.000, 40 acres at SW
NE-20 04S 02E, Old Account No. 59193 and the second parcel is Carter County Parcel No. 194.0-
20-20-20.0006.75 acres. Industrial Tracts. Tract ME 6.75 AC, Old Account No. 12918. See the
attached map for an aerial view of the area in which the Affected Property is identified by green
and blue shading.


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1-2009-008185 Book 5007 Pg 119
06/0812009 8 31 am Pg 0118-0121
Fee $1900 Ooc $000
Cynthia Harmon • Cartar County Clerk
State of Oklahoma

REMEDY: Remediation activities ("Remedy") at the A ffected Property will be based upon USEPA's characterization of the material and further
assessments conducted by the owner in consult with DEQ.

ENGINEERING CONTROLS: Yet to be determined.

CONTINUING OPERATION, MAINTENANCE AND MONITORING: Yet to be
determined.

LAND USE RESTRICTIONS: Because USE PA test results on the material indicated that it is nonhazardous final land use restrictions have
yet to be determined; however, the following are temporary land use restrictions that are in place until final land use restrictions are determined:

•	Except for maintenance activities there will be no digging at or below five feet from the surface in areas where the Imperial material
remains in place.

•	No residential, recreational, or child-care use; and

•	Owner will follow the current DEQ-approved Interim Corrective Measures for the refinery with respect to the conduct of maintenance
activities (except for mowing or fencing repairs) within the areas where the Imperial material remains in place.

As long as the land use restrictions are followed, the A ffected Property may be used for commercial or industrial reuse, consistent with, and in

accordance with, local laws, restrictions and ordinances.

CHANGING LAND USE RESTRICTIONS: Changes to the land use restrictions require the prior approval by the DEQ or its successor

agency based upon characterization of the material.

Information, including but not limited to USEPA's characterization of the material, may be submitted to the DEQ that demonstrates the levels of
contaminants in the Imperial Refinery Company Superfund Site material at the A ffected Property are appropriate for the proposed new land use
restrictions and that further remediation is not necessary. The person requesting the change in land use must demonstrate to the DEQ's satisfaction
that the contamination at the A ffected Property is present at levels appropriate for the proposed new land use restrictions. The DEQ at its discretion
may determine, based on the information submitted, that contaminants are present at the A ffected Property at levels that will not pose a risk to
human health or the environment if the new land use restrictions being requested are allowed. Upon making this determination, the DEQ will
file a recordable notice of remediation pursuant to applicable law in the land records in the in the office of the county clerk where the A ffected
Property is located designating the new land use restrictions.

This Notice of Remediation and the restrictions and requirements contained herein run with the land and no change of ownership of the A ffected
Property will change the Land Use Restrictions. This Notice of Remediation and the restrictions and requirements are effective upon the date of signature
by the Executive Director of the DEQ.


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- 'MMMU WPI WMir ra, 14V

amaaaa a 31» ^011^131
fm Hf« Oh >000


-------
Steven A. Thompson, Executive Din
OMbIdbm Department of EoviraNiieiital Quality

l* f«m

Subscribed and .sworn to before me ihis r	Ol

tC^katL.

,26

&

o

1 hereby «erti.(y lltfl 1 ha* the legal right to, and do heteby, cnale an tassseoi and encumber
the ml profteny •$ described in 0m faregoing Ntttiss of ftantdiatfoa- I tatty vofanoriiy gnat

un easement to the DEQ and its cmptoyoe* Bid tiWB, for ingress *nd egress through, across and
onto (be Affected Property to assure ihe ongoing placement, operation and protection of lie
remedy, engineering controls and land use restrictions iesenfeed herein above.

I law tad Helios mi em qqMcfumty to meet with. npraentatWes of the Otatoma D«pMn!
of Eavironmeottl Quality » commail on the fciegoiig Notice of Remediation and agree
herewith- 1 hereby agree k> tbe filing of fc tangoingNotice of Remediation and Eisewsri,

Vice President for VdJefb Refining Company - Oklahoma
Owner of the AfTec'lei Pwperftr

*Uy HjloQl

Dm

Subscribed and Sworn to before me Ihis 19 " day of tYifM

My CoBunissien expira;:
Mtti-ja.

¦' f	i • ' TV**

Its taksnsr <=». '«
fcW an P« MWOW
t t»oo &»• iooo

Pssge 3 of 3


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Covenant* Restricting Use of La ad

RmMi _ - „ .

.

The: Oklahoma Department of Traroporta.'io;i. an agcacy of ite Sttis of Oklahoma (the
D*rpftrliitcnO ix the ewper el a certain ffigiKftitOT strip cf land located ta a portion of dir NW/4 of
Section 20, 'MS, M1P, in Cater C'aunty. Oklahoma whirii land is bioie pinisuSaily iambcA in
ExStbit A and whicfc the Defartmjit r.aiaCa,m «s a (iiiMfc WgiBWSf pracnty (Mpistri n Sate
Highway 142

He [ami aa dcxribad on Exhibit A hordes on or pisses through a 72 ten tract csftaii lis*
wis occapiri mJ opemled as * mfioaty ton 1V17 until 1934. The towl a pnaeniiy laid by (Ins
Uaifed Safes EnviramaiMl Protection Ajeney (EPA) and fix Ottafcnnt Dajwrtraeii af
aivir#am«ntil Qaafity (OOEQ) as a ai« nbject to tie CootpreJwaatv* Enyimmuattl Rofiowc.
CoagpMnlii»«adliaUlilyA«t(CBSC[A)(42USC)M0t ctseq). theBift ttfenwJloai JT«
Imferiel gifittmg Csuajsmj) Saptr RmdSht. tan ta. auftgact Us psrial mbbSmJdo by the BFA to
ww**l of haMnfcan material* from parte gf tha atle-

Thcrc is jtaaoai to beheve Hwat there may be acftnery waaaea In lutau/facc a*at *f ifie
slop or acpnou of land now uaintaJMd i>» iite D«v miaul as Slsle Higtawy HI. Testrng le
doamne the oosttro or ciaaoi of n6tmy mm within die righi sf way of State Highway 142
wmU he lavMive «oi desmisive aad cafei* result in tte umptomm of fc tsgliwsij straawe,.
Therefore, the leeiaei  fat bdew
gnii) ahall be atkmed an preeli oat (I.) aul nro (23« aoch pittsls a«e aa deaetibal

by m**n *t>4 bonuils is EAibii A keret«,

Fifth- No frxcavation befcj* tt» l*» nMarial of fi» mad bed thai) to alUxwed on jatcel
ttase f>) is suet pared is described br mate ant bounds to Fjihibn A Itasm

DEF«fMEW op mWSPOR.WflON
LepJ Dm«ioa - Business Oi#«
106'HE ilaSttel
OUatam* C«y. OMstawaa 731OJ


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sMU br aJiowtd om ymmlx iow (4) and five (S) as sucft pareefe are defejitai by Kkt
ml taamis as Exhibit A bctao. .- > -j- ¦ -•>"

The eowniHB herein above tamd stall ran wilt tie land from this day forth until auefc nmt
*tfe EFA Kid. 0PBQ or Ifeetr iKceuori is Merest shall take feimal acuon to dtaol* or raraove
we. IfcesecoweuBi®stall apply loillprtsllc ttfilrtissetMniii^rigMs tousefta! oghofway ami
lijeil to Hqjhuay (42 Wd 10 show ptnttnly IB plies

n* ODEQ or its obscbww in interest may nap«3 fc ttssffitai i md* «ni SKtiriies flume
art if appropriate mr wke «fa«stal«e ei legal aetx* to enforce toe covmants m namury to
pomw OtehaaMiaad wfcty el the poopte aiit|MtBUi

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«»«*»? Book6008^ »
OtUUaOM 11.23 »mPB«»1-O0»
I'm SVF m Doe " »

EXHIBIT A
to Covenant Restricting Use of Land

A, tract of land In the Northwwt Quarter (NWM) of the Northwest Quarter (NWM)
of the Southwest Qaarter (SWM) of Section Twenty Om (21) Township Fiir (4)
S®«th» Range Two P) 'East, ludtes Base awl MorKMait, Carter County, Oklahoma,
being m«e particularly described as follows:

ConmnicbiK at lie Sonlhwcat Minor of (it 8W/4| Thostee NSf®Ilsll"W, along the
West line of the SW/4, a ilsiaiee of 2518 JS feet l® a point 4SJ? Peel Sen® of lie
Northwest corner Ibewtf; Thence N89^3S*42ME, paraKei will tie North l* of the
SWM, a distance of 21 MI Feet to the True Point #f Beginning, said beiag on the
West itae of tie AT A Si Railway Conpany riglrt^-wif{ Thence SiSWIIPl,
ptrptndteilir to tie enter lie #f tracts a distance of St.it Feel to sail center lines
Tkaacc continiiiitg 8*5*21 WE, perpendicular I# the wter line of tract, a distance
of 50.00 Feci to lie East line of tie AT ft If Railway Company right-of-way;
Thanes S24°3B*52*W, aiaag the last Itae of the AT & &F Railwmy Coeapray right-
of-way* ¦ distance af 1I2J4 foot; Thence N65*21WW, perpendicular to the center
line of tact, a dtalanee «f 5®"®® FW to said center Km; Tience continuing
NiSII'il'W, perpendicular to tie center lime of tract, a distance of SIJi Feet to
die West line of the AT & SF Railway Company richt-of-wayj Ti« N2#3r5rB,.
ila>( tit West line of the AT A Sf Railway Company right-of-way, a distance af
1S2JM feet to He True Feint sf Bi^isiog, having so area of *42 Acre# wtwrt or
ha* Basis #f Bearings are Grid North.


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I.2MM1I1871 Book SOW Pf I

iiiasso§i ti 51 am Pa ooos-ooos

Fm 125 it) Due S9«®

QaJWJp *¦« wivui*

NOTICE OF REMEDIATION OR RE LA TED ACTION TAKEN PURSUANT TO' THE
FEDERAL COMPREHENSIVE ENVIRONMENTAL HtSPONSE, COMPENSATION

AND LIABILITY ACT ;ind CREATION OF EASEMENT



LEGAL BASIS WE NOTICE'* 11* Oklahoma Department of Envirooawatal 
-------
i-aooa-ousn i«*Mi pa «
fOMMOOOO 11 St iip Pg OQD&Q009
fm S 25 CO Ooo SO00

cynMi	a*m

Chemical constituents aasociatei with the waste material ha* affected set nd sediment. Tie

Site was adins»ei as one operable unit where the floal response action addressed Site
contaminants and waste material that pose s current ©c future health risk.

See attached plat map and legal description for property affected by this Notice. The property
located east of she taBmad light of mp » sprffiaily occluded. JJoei iris Notice and is available
for unrestricted ose.

The Affected Property includes the Right of Way granted to OMaboma Natural G as Company m
June 29, 1954, with a legal description as descritwl In the Right of Way Agreement attached to
this Noise,

EtKMEBYi

Rjeffiedtaftktt activities ("Remedy") at the Affected Property iacluiled:

a.	Excavation and xeotfval of 105,993 cubic yards of wie and cogisiwijaJei sail
and! sediment;

b.	Qtffsiie djspsasi of 107,299,88-35 tons of waste and eoHimanatoi sell and
scdiflmit.

c.	Sirfsce W«4er discharge and sampling.

d.	Confirmation soil ami sediment sampling.

e.	Import of approximately 64366 J cubic yatds of backfill.

£ Site grading for drainage Mowed by seeing.

Remedial conatnictkn c«njAeli«i was accomplished on September 18,2098, with the sigitingof
the Preliminary Close Out Report.

ENGINEERING CONTROLS: The «igm«ring confmla at ltd* lite iodu* cl«y bamai*
located duougfcout the Site, The clay toaniei* and the underlying waste that was left in place are
the subject of the notice along with the restricted Site use of in&uinaL

CONTINUING OPERATION, MAIfflENANCl ANIft MONnORlNGi

ILAWD USE RESTRICTIONS: He land use restrictions Fm the al»%*e-des«iM Affected
PtopHty ate listed below and apply to the entirety of the Affected Property described herein
above.

«, No iigpsg at or 'below five (5) feet front the surface in areas wine waatt

remains in place.

b.	No acidities II* will owe erosion of the soil si or near locutions where waste
icmaina in place.

c.	N# icsidteflitial use.

d.	Maintenance activities required within the areas wtoe waste remains In place
require OPEQ notification prior to commencement. Any activity within these
areas requires the establishment of health and safety protocols to enswe writer
safety and wptoe thai the wwte msleriA emMtatteied are managed properly
while omite and then iisposed offsitc in an appropriately permitted and regulated
liaiiJL


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1-200«i113T1 BaoKSMrl P® 5
1P5§tffl» 1.1 81 urn Pi MC8-QDSB
Fm 12900 Doc «0«

Cyr*

e, No tertwirtes tint will disturb or cause erosion of the sediments within tbe ponds
located or lie Site.

As long as (he land use Mtnelioas an followed, tj* Affected Property romy be used for
commercial or industrial reuse, consilient wilh arid in accordance with, load laws, restrictions
and 0!djiuuioe& There are no bund use restrictions on 'lie popef^? eta of 'At railroad right of
way since it is not defined as Affected Property and the property is available for unrestricted use,
le&welopneiii wilt need to he in compliance with local taw* restrictions and.

Chsago to the Land Uit Reatrtcftons Changes to laid use restrictions must be appro1®! by
the Department of Envlnjanwutrt Qualify or in successor agency, lie peim requesting tbe
change Ib land use mast demonstrate to the DEQ'si sattefitftjoei thai contamination al the lite has
reached levels appropriate for the proposed new land nss and that taltar	is not

necessary or that additional taatttutianai tar aiginecring swlrels we adequate to aduew levels
protective of human health rod the envitonraenl for the proposed uses.

The DEQ naay require oversight costs, work plans, sampling, reports, and public participation m
pact ©f ia review of the new infonasitkn to support the requested change in land use restrictions.
The peraon requesting tie change wilt be repirei to felfciw agency poerfiics effective at tie
time of the request.

The EHEQ at its <®®a»Uwi my determine, basei oo the new information submitted* that

»rt«iiMmts ate present at the Site at levels Hal will not pose a risk to human health 
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ACKNOWLEDGEMENT
State of Oklahoma	)

>

Oklahoma County	>

WWWW137* BOOH SMI Pg 8

mmmm 11 m *» p§ soum
fm sasoo 0» $000
t5«"W

Before me,		, In and for this slate, on ftls _j*£t&C_ *«f «*

„	2009, personally appeared Steven A. Thompson to me know to be the

identical person who executed the milk and foregoing Instrument, and acknowledged to roe that
he executed same as his free and voluntary act and deed lor the ibcs Kid jnuTposes therein set
forth.

Notary Public

My Cdmmteafrui expires:

t-10

. 20 /


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legal description

TRACT 'ft' The Southeast (barter CSE i> of the Northeast Quarter ©f Section 20, Township 4 South, Range £ Cost, of the Ina#an Base
§,n»d MericSan, Carter County, State of 'Oklohono, acoordlngi to the
Government Survey Thereof, Less and' Exctpt State Highway 142 Right
of Way, wore particularly described by Metes and lewoels' as? Pram the
East Quarter Corfii?p of Section 3§# » found g*Rebar, go S-89-46-5I-V
a distance of 115.00' to a found jfRebar with a yellow plastic cop, the
Point of Beginning, thence go S-WMifr-45-V a Jstance of l&03,38*to i,
|* Refcar with a yellow plastic cap, thence 90	a c&stance

of ismsr to a J* Iron Plr*, thence- go N-89-4&-SS-E a dtetanee of
1203JB7' to a I' Rebar with a. yellow plastic cop, "Whence 90 S-00-22-14-1
a distance of 13l£k44'along the Vest Right of Way of State Highway
142 to the Point of Beginning.

TRACT "1" The Southwest Quarter CSV |> of the Northwest Quarter 
Delta 2-0(Hid* Length of 13810', the rare go S-24-41-*42-¥ along the
East Right of Way for 1317*75' to a f* Refcm&r with a yellow plastic cap,
thenc# go $-8f-38-24-V a distance- of HI,®* to the'Point of Beglmfcg.


-------
eeofcswi p§ ®

1XW2DOO HSItrr Pfi EW3WM8

n* sse§ doc *&«

' EASEMENT - IMPERIAL. REFINERY SWERftMD SITE

I hetefcf certify that I taw the le.pl right to, arid do hereby, create an casement and encumber
the neal property as described in the foregoing Notice of leaedirtoo. 1 hereby voluntarily giant
aa easement to (he DEQ and its employees and agents, foi ingress and epess through, across and
onto the Affected Property to assure lie ongoing placement,, opention and pratection of the
remedy, engineering controls and land use restrictions describe! herein above.

1 have had notice and an opportunity to meet with. rept»wtives of the	Department

of Environmental Quality to comment on. die forgoing Notice of Jtenwdiribn and a,pee
herewith. I heitby agree to ite fling of the foregoing Notice of RemetSatkin and Easement.

j&U

jMMo,

OvniveffheAffixt^Property rfyi„ fr^M/p	D®1®

ACKNOWLK DC rEMENT

CAtO§.M^ o.

State orOMwiw	)

) «¦

Mi*22M.OHatr )

fcfow mew	A Votx^j<-t in and for this state, cm this _ LX	day of

JtA-fc-M	2009, penmially appewwd L-Au.Ua. ^ W/v *•';'> to me

known to be the identical person who executed the within and foregoing instrument, and

adfflswicdged to me that he executed same as his free and voluntary set and deed for the uses
and purposes therein set forth.

iMJM'WMJG 1	~

afiTE OP CQLORADO.	]|	Notary Pubiie

'CIWDYA-TOUHO

"TOUT
JOB

MyCtmnoiaarikwexpires: *(-to t'<


-------
C\

I-20M.013352 Book 5083 Pfl 22B	CO0

11 /»2009 8SCiir» PB D22B-0234	fL-

f*» «S5W Doc. SCCO
^yrCre**	2**

NOTICE OF REMEDIATION OK RELATED' ACTION TAKEN PURSUANT TO THE
FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION
AND LIABILITY ACT anil CREATION OF EASEMENT

N LEGAL BASIS TOE NOTICE: The Oklahoma Department of Environmental Quality
- ("DF.Q") hereby files this NOTICE OF REMEDIATION OR RELATED ACTION TAKEN
® PURSUANT TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE,
m COMPENSATION AND LIABfLITY ACT AND CRF.A1 ION OF EASEMENT (hcrcmafter
"Notice") pursuant to Oklahoma Statutes, 27A § 2-7-123 (B). This Notice docs not grant any
^ right to any person not already allowed by law. 'fins Notice shall not be construed to authorize
or encourage any person or other legal entity to cause or increase pollution, to avoid compliance
q with State or Federal laws and regulations regarding pollution or to in any manner escape
^ responsibility for maintaining environmentally sound operations,

• Ni

1 he DKQ may take administrative or civil action to recover costs or to compel compliance with
v5 the below described "Land Use Restrictions" and to prevent damage to, or interference with the

V	below described "Engineering Controls" and "Continuing Operation, Maintenance Slid
^ Monitoring." Hie Land Use Restrictions, Hngmeering Controls and Continuing Operation,

c Maintenance and Monitoring will apply to the Affected Property- and to persons who own and/or
® u-sc the Affected Property until such time as the DPQ files « subsequent Notice that changes or
^ removes the Land Use Restrictions, Engineering Controls and Continuing Operation,
Maintenance and Monitoring set forth below. Activities that cause or could cause damage to the
^ Remedy or die Engineering Controls described herein below, or rcconumination of soil or
^ ^ groundwater arc prohibited.

V

^ C? ONfcOK Gas Transmission Company, L.L.C. ("OCT*"), as the successor to Oklahoma Natural
Gas Company, holds a pipeline easement {the "CJNtfOK Easement," as further defined below)
t* O across the below described Affected Property. OCT has the legal authority to create, and does
Q hereby voluntarily create, an casement granted to the DEQ and its employees and agents, for
° ingress and egress through, across and onto the ONEOK Easement to assure the ongoing
protection of the remedy, engineering controls and land use restrictions described herein below,
v provided that OCT doe not warrant that rt has any authority beyond that granted to it under
'ij v easements of record nor does it purport to grant any casement rights beyond those which, as
O holder of the ONKOIC Easement, it is empowered to grunt under the feat property law of the
State of Oklahoma. This easement touches and concerns the land; runs with the land; is legally
binding on all future owners of the Affected Property and will only be removed or modi ft Ml if
aad when the DEQ modifies or removes its land use restrictions or engineering controls in the
manner described herein below

I


-------
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c*«h» "S'Sf	^

REASON FOR NOTICE: He ONEOK Easement through the Affected Property was
ccmtaininated witfc materials dial, require! remediation pursuant to Stale and Federal
environmental laws and regulations, The Affected Property was rwediatel to a risk-hased
standoid.

AFFECTED PROPERTY: 11* Imperial Refining Company (IRC) Superfund Site is He
location of a fanner petroleum itfinery that operated :11m 1917 to 1934, IRC remained active
for 1? yeas until it weal bankrupt in 1934, The pimaij sources of contaminants are verticil
tank remnants, waste in a UST, and wasted pics characterized as dry. asphalt-like material
Chemical oMistiftjettis *t»ei«led with the waste material have affected soil and sediment, lie
Site was ¦Jdressed as one operable unit where the final Mp« action addressed Site
contaminants and waste material that pose a current or future health risk.

See attached plat map and legal tocriptiwn for property affected by this Notice, The property
located east of Ihe railroad right of way is specified^ excluded from Ms Notice and if available
for unrestricted use.

me Affected Property includes the Right of Way fte "ONEQK Easement") granted to
Oklahoma Natural Gas Company on lone 29, 1954, with a legal description as described in the
Right of Way ApMseot attached to this Notice.

REMEDY;

Remediation activities ("Remedy") at the Affected fcoparty included:

a. Excavation aid removal of 105,993 cubic yards of waste and contaminated soil
and sediment;

k Offiile disposal of lftT»29#,81 tons of waste and contaminated sail and sediment.

c.	Surfin* Waiter discharge awl sampling.

d.	Confbniation sol and sadfanent sampling,

e.	Impel of ifproximately 64,366*5 cubic ywch of'backfill

f.	seeding.

Remedial constniction completion was accomplished on September 18,2008, with the signing of
the Preliminary Close Out Report

ENGINEERING CONTROLS; lie engineering «**»& at 0»« site include clay btntam
located throughout the Site The clay barriers and the underlying waste thai was left in place are
fe subject of tM» mice along with the restricted Site use of industrial.

COHTINIHNU OPERATION, MAINTENANCE AND MONITORING?

LAMB USE RESTRICTIONS: The land use restrictions for Ac above-fecribed Affected
Property and 'the ONEOK Easement are listed M«w and apply to i® entirety of the Affected
Pwfwtiy described herein above.

a. No digging at or below five (5) feet Hum the suffice in sums where waste
ittmaing in place.

2


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|.20»€t19aS2 Book 9083 Pg 330
11GSODU » m mm P» »»«34
Fm 13500 Doc 1000

cy»	Cl**

h No activities that will caw eraston of the soil at or mar locations wfcere waste

ranains in place,
c, No residential use.

i Mwuteiwiice activities miuiraj within the anas whew waste remains in place
require ODEQ notification (by clectmac mail, facsiinfle, telephone^ or written
document) poor to commencement. Any activity width) these areas requires lie
establishment of health and safety protocol* to eeswe wovfcer safely and require
tat the waste materials encountered are managed properly while onahc and then
disposed ofisite in an appropriately permitted and! regulated landfill,
e. No as&Mk* i»t will disturb or cause erosion of fee sediments within. fee ponds
located on the lit®.

As long as the land use restrictions are followed, the Affected Property way be used for
commercial: or industrial reuse, consistent with and in aecotdaac* with local laws,, restrictions
and ondinance*. There are no land use restrictions on the property east of the ratlrood right of

way since it is not defined as Affected Property and the pnapitf is available for tttiMStrictal use.
Redevelopment will need to be in comtpUaiioe with local laws, ralrictiom and onfinanoes.
Motwitl*ianiini the aibenre, OCT may take any actions will, regard to its pipeline system
reasonably fieeeistff to comply with applicable laws (including without limitation pipeline
safety' regulations md infejpty management plan adopted pursuant to snob. regulations), to
restore service,, to preserve the integrity of fee pipeline, or to prevent Jos® of life or sigiificairt
property damage.

Changes to the Land Use ls«trfetions Changes to land use restrictions must be approved by
fhe Department of Invinximentai Quality or its successor agency. The person lequeiting the
change in land use must doDoostite to the DEQ's satisfaction that contamination at the site has
reached levels appropriate for the proposrf new land uses and that further remediation is not
necessary or that additional institutional or engineering ooattola are adequate to achieve lewis
protective of human health and the environment for the proposed uses.

The DEQ may requite oversight costs, wcrk plans, sampling, reports, and public prticipitom as.
part of its review of the new information to support ffce requested Amp in land use restrictions.
He person requesting the change will be leqnixed to follow agency procedures effective at fee
time of the request.

He HQ st Its discretion way determine, tend on the new information submitted, thai
contaminants axe present at the Site at levels that will not pose a risk to human health or the
mprmmuM if the new. land ate rcslrictieos feting requested are allowed.. Upoa making this
determination, the DEQ will file a recordable notice of femediation pursuant to state taw in (he
land fccwrfs in the of tie county detk where tic Site is located designating the new land
use restrictions.

I


-------
This Notice and the Land Use Restrictions contained herein nui with the land and no change of
ownership of (fie Affected Property will tftnige the Land Use l«fjictioits described herein
above* Tlis Notice mi 1J» Land Use ftwtrictwts contained herein are effective upon the date of
siguaiitre by (he Exeeative Director of the BEQ.



JSto-ffcjyiie—!»..

Stwea A. TIukiijmoil, Executive Dfcetef	Date

Oklahoma Department of Envkoranentai Quality

rammus?	»

HOfiflOOB Mfttm P^frnKUM
i SAO D» fas©

4


-------
wwwiaasa so* sua m 333
f* f 2900 Doe i 000

EASEMENT - QMEOK	«gg{gg.-ggggwHM <*«

I hereby certify that 1 have the legal fight to, and do hereby, create an easement and encumber
the real property as described in, and subject' to the provisos and conditions in, ll* fo»pi|ii>g
Notice of Remediation. I hereby voluntarily grant an easement to the DEQ and its employees
and a genu, for ingress and egress through, across and onto the ONEOK Easement on the
Affected ftBpsty to 1* the ongoing placement, operation and protection of ibe remedy,
oiginecriiitg controls and tad use restrictions described herein atom

1 haw had notice and an opportunity to med with representatives of tie Oklahoma Dejurtmeot
of GnvtroameataJ Quality lo comment on the foregoing Notice of Remediation and atpm
herewith. I hereby aereejaJMBjlling of l3ae fowling: Notice of lenrfiaioa and Easement

Company, L>L.C	Date'

ONEOK Easement ^

ACKNOWLEDGEMENT
State of Oklahoma	)

)	Si,

Tulsa County	)

Etafore me,	in, ani for tils stale, on this ft** day of

.	Cfctok/-	2009, personally aj»pa«d_ fa}*sJajJ? - .jWffasC^. » me

known, to be the identical person wis executed the within and fcmping instrument, and

acknowledged to me that be executed same is Ms free and voluntary act ani deed ft* the uses
and jmrpeses therein set forth.

My Commission expires; J &/z 4*/l

6


-------


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c.

d.

e.

f.

Remedial ttMtruetioii completion w;« accomplished on September 18,200®, will lie signing of
lie Ftdlminary Close Out Report,

No remedial activities were taken at the Affected Property.

ENGINEERING CONTROLS: The engineering controls ai the Imperial Refinery Superfuaid
Site include day batmen focaied throughout the Site, There were no engineering controls at the
Affected Property.

CONTINUING OPERATION, MAINTENANCE AND MONITORING: None

LAND USE RESTRICTIONS* The land use frictions for the triangular ape* of the
TbOdURon Property, i.e. lie Affected Property, are luted Mow and apply only to the triangular
area described above;

a.	No digging, ai or below five (5) feet from the surface in areas where waste
remains in T>laru.

b.	No activities that will cause erosion of the soil at or neat Iccsiiofis where waste
remain* in place,

c.	No residential use.

d.	Maintenance activities requited within the .ircas wl« watte remains in place
require QPiQ iiolMcaicii, prior to commencement. Any activity within these
aran require* the establishment of health and safety protocols to ensure worfcer
safety and require that the waste materials encountered arc managed pttperly
while onsite and then disposed isffsitc in an appropriately permitted and regulated
landfill,

c. No activities that will dlalurfj« cause erosion of the; sediments within the poods
located on the Site.

As long as the land use restrictions are folkmed, the Affected Property may be used for
commercial or industrial reuse, consistent with ant in, accordance with local taws, wirtcttota
and ordinances.

Changes to the Ijind Uw Restrictions Changes to land use restrictions must be approved by
lie Department of Environmental Quality or its successor agency. The peraon lepeMiig lie
change in land use must demonstrate to- As DEQ's satisfaction fa* contamination ai the site hat
reached levels appropriate for the proposed mew land use and that further remediation is not
necessary or that additional institutional or engineering controls are adequate to achieve levels
pfoticliwe of human heallfa and lie enviiwunent for the proposed »se$.

Hie DBQ may require wessiglit costs, work plans, sampling, reports* and public paitkjparkio m
pit of its review of fee new information to support die requested change in land use restrictions.
Hi® pette*. requesting the change will be teqiured to follow agency procedures effective at the
time of the request.

Surface Water discharge and sampling.

Confirmation soil and sediment tempting.

Import of approximately 64,366.5 ethic yards of backfill.

Site grading for drainage followed by seeding,,


-------
The OH} at its discretion may determine, basal, on, the new information submittal,, list
contaminants arc present at tfte Site at teveJs that will not pose a rait in human health or the
environment if Out new land use renrictums being requested are allowed. Upon maMMg this
determination, the DEQ will file a ncoMt notice of rai«iiaiieo. pursuant» stale law in the
land oeoeds in the office of the county clerk where the Site it locticd designating ibe new land
use restrictions.

This Notice and the Land Use RcsttitikiB contained herein ran with the limi and no change of
ownership of die Affected ftopertj will change the Land Use lesirictions described herein
above. This Notice and ibe Land Use Restrictions contained lutein an effective upon the date of
signature by the Executive Director of ibe P1Q.

HMCfi

Steven A„ Thompson, Executive fiiiector	Date

Oklahoma Department of Environmental Quality

ACKNOWLEDGEMENT

$MM Ow 
-------
Affected Property Adjacent to the
Imperial Refinery Superfund Site



0.09

jg||! Mpast MkM Pnpacly
(^3 SllB (boundary

IRC 4Unto lutftin fltlSI

vs*

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. b«ihtMMtatapa«akH*nl

Map Created June 30, 2009


-------
" -	1.2011-010343 Book 5370 Pg 287

Q§g4S0lT tl 13 air PbCBSMSDS
'¦	F,» tffi te fB«

• '. ... NOTICE OF LAND USE RESTRICTIONS

B	•'

\< ¦

LEGAL BASIS FOR NOTICE: The Oklahoma Department of Environmental Quality
("DliQ") hereby flics this NOTICE OF LAND USE RESTRICTIONS -Notice") pursuant to
Oklahoma Statutes, It A I 2-7-123 (B)„ This Notice does mm pat arty right to any person not

already allowed by lam'. This Notice shall not be construed to authorize or encourage any person
or other legal entity to cause or increase perflation, lo avoid compliance with State of Federal
laws and regulations regarding pollution or lo in any maimer crape resjponsibility for

iiialntaimmg environmentally sound operations.

The DEQ may take administrative or civil action to recover «m» or lo compel compliance with
tie Mow described "Land Use Restrictions.** The Land Use Restrictions will apply to the
Subject Property and penoni who own andfar use the Subject Property until such line as the
DEQ files a subsequent Notice that changes or removes the I .and Use Restrictions.

IBASON FOR NOTICE: The below described; Subject Property is adjacent to the Imperial
Refinery Supfrrfind Site that requited remediation pursuant to Slate awl Federal environmental
laws and regulations.

SUBJECT PROPERTY: The Subject Property affected by this Notice is highlighted in
Attachment "An,

LAND USE RESTRICTIONS: The land use restrictions for the designated portion of the Atlas
Property,, Le. the Subject Property* sic listed Mew ami Med in Attachmem. "A":

a.	Ho excavation or surface disturbance activities that will cause erosion of die soli
in. the Subject Prepeity;

b.	No residential use.

As long as the land use restrictions ait M tewed, tie Subject Property may be used for
commercial or industrial reuse, consistent with and in accordance with local laws, lasbicttons

ami ordinances,

Changes to the Land Use Restriction* Changes to land use restrictions must be approved by
the D1Q of Its successor agency. The person requesting {he change in land use must
demonstrate to the DEQ's satisfaction that Subject Pmpertf is appropriate for the proposed new
land uses.

The I1EQ at its discretion may determine that the new land use restrictions being requested are
allowed. Upon making this detenaiaatio'ii, tlx DBQ wilt tile a superseding reowdabte notb of
land use restriction. pursuant to state law in the land records in the office of lite county dork
whew the Subject Property is located designating the hp*' hud use restrictions.

This Notice and the Lead Use Restrictions contained herein run with the land and no change of
ownership of the Subject Property will change the Land Use Restrictions described herein above.


-------
lib Notice and lite Lund Use Restrict urns contained herein are cllcclivc upon the dale of

signature by the Executive Director «r ilin D1X>.
Alias Roofing Corporation



l^idcnt (

Dale Rushing. Vice rtBideni of Manufacturing,
Residential Roofing Division

U2011-010343 Boo* 53/0 P§ 2Si

00040011 111i«TiP|tS»Ma»t
Pi# S170Q toe ftt®
CyMft HhnnM -	^

WPM in WWPI"

J?- /al/l
Dole ' T

jf 	¦		

ACKNOWLEDGE KN T

SweofJlCflCjia. )

County	)

Before me,	in and fee this state, on this 3td day of December,

2010, personally appeared Dale Rushing to mc< known to be the iiefrtiea! person whp executed
the within and foregoing instrument, and acknowiedjged to me that he executed same as Ms free
and voluntary act and deed for the use* and purposes therein set forth.

SOte&teA/ _

Notary Public

My Commission expires:	¦ ¦ • '

July H -'<"-L

i- iij-wmetw


-------
Attachment "A"

A portion of lie Atlas Roofing Coipoiation property located at 2300 S. Veterans Klvd. in
Afdmorc, Oklahoma I© wit

A tract of land in Section 11 Township 4S Range 2E mow particularly defined as having a
southern teondarj' of the Ntfe5tlfW» t/W action line of Hacis L, E, and J running from ihc
intersection of die NI^SWW, 1/16 section line will the NOO*06WW line until the
burlingtoD Northern Santa. Fc railroad backs (• distance of 70&76 fat) ail tract having a north
to soiKh width of fifty (50) feet from tic southern touiidatj,

K&1*Gf0M& BaakB""2flt

«a«§l1 11.19 am0298
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APPENDIX C:

SITE BACKGROUND
BASIS FOR TAKING ACTION
RESPONSE ACTION


-------
Site Background:

The Site is the location of a former petroleum refinery that operated from 1917 to 1934. The Site
is in the northeastern portion of the City of Ardmore, Carter County, Oklahoma. The eastern
half is further divided into two east and west section by railroad tracks operated by BNSF
Railway Company. Numerous tanks and buildings were present on the Site during refinery
operations, but all of the tanks and most of the buildings were dismantled sometime between
1934 and 1948, leaving the property in much the same condition as it is today, mixed wooded
areas and open fields. The Site slopes toward Sand Creek, located on the eastern boundary of the
Site. The Site has been cleaned to industrial levels. There are several areas where contaminate
materials were capped in place. The Site has not been developed since completion and currently
there are no anticipated reuses of the Site. The Site shares boundaries with Atlas Roofing, Inc.,
Valero Refinery, Hwy 142, OneOK, and BNSF as described below:

Northern Site Boundary with Atlas Roofing. Inc.: An engineering evaluation identified suitable
slope stabilization and construction activities and an appropriate backfill material for placement
on the waste. As backfill material was imported, a slope of no greater than 3 feet vertical to 1
foot horizontal was maintained along this border to minimize erosion and facilitate slope support,
drainage control, and re vegetation. Atlas Roofing, Inc. placed an IC on the property, O&M
activities will be conducted by DEQ, and five-year reviews will be conducted by EPA.

Site Boundaries with Highway (Hwy 142): An engineering evaluation identified suitable slope
stabilization and construction activities and backfill material for placement on the waste. As
backfill material was imported, a slope of no greater than 3 feet vertical to 1 foot horizontal was
maintained along this border to minimize erosion and facilitate slope support, drainage control,
and revegetation. The Oklahoma Department of Transportation placed an IC on Hwy 142 and its
associated utility easements. O&M activities will be conducted by DEQ in coordination with the
Oklahoma Department of Transportation, and five-year reviews will be conducted by EPA.

Northern and Western Boundaries with Valero Refinery property: Backfill of the excavated areas
and areas above the waste material provides for slope control, drainage control, and
establishment of vegetation. As backfill was placed, the drainage along this boundary was re-
directed away from these waste areas in an effort to mitigate erosion, ensure drainage control and
facilitate revegetation. An IC was placed on the property. O&M activities will be conducted by
DEQ, and five-year reviews will be conducted by EPA.

ONEOK Gas Pipeline: As backfill material was imported, a gentle slope was maintained along
this border to minimize erosion and facilitate slope support, drainage control, and revegetation.
The clay backfill was placed on either side of the pipeline and clay overburden, at a depth of
approximately two feet, was placed along the top of the gas line to provide a barrier for the
pipeline and promote surface water runoff. An IC was placed on the property. DEQ will conduct
O&M activities in coordination with ONEOK, and five-year reviews will be conducted by EPA.

Site Boundary with BNSF Railway: Backfill of the excavated areas and areas above the waste
material provides for slope control, drainage control, and establishment of vegetation. BNSF
placed an IC on the railroad right-of-way. O&M activities will be conducted by ODEQ in


-------
coordination with BNSF, and five-year reviews will be conducted by EPA to ensure
protectiveness.

Basis for Taking Action

The basis for taking action at the Site was to protect human health and the environment. The
contaminants of concern (COCs) for the Site were identified as benzo(a)pyrene and arsenic. A
human health risk and ecological risk assessment was conducted during the RI and cleanup
levels for the COCs were determined. The tables below describe the current human health and
ecological benchmarks.

Response Actions

In 1998 and 1999 EPA conducted removal assessments of the Site and proposed the Site to the
NPL in 2000. In 2004, a removal action was conducted to install perimeter fencing on the Site.
In 2007 the Record of Decision (ROD) was signed, and the following were determined as the
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 concentrations in excess of 5E-05 and 2.5E-05 excess cancer risk
respectively.

•	Pond and Creek Sediment: 1) 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. 2) Prevent exposure to
current and future ecological receptors through direct contact, food-chain uptake, and
incidental ingestion of contaminated sediments containing benzo(a)pyrene concentrations
in excess of levels that are protective of ecological receptors.

•	Waste Material: 1) Prevent exposure to human and ecological receptors through ingestion

and dermal contact. 2) Prevent further migration of waste material contamination from the
Site to and/or offsite soil, sediment, groundwater, and surface water.

Action objectives were unchanged by the 2009 ROD Amendment. The remedial components are
described below.

Ponds: Due to the presence of uncontaminated overburden, the complete removal of surface
sediment exceeding the ecological cleanup numbers, and the unknown locations of waste at
depth throughout the remaining areas of the ponds, no further excavation occurred. Excavated
areas were backfilled with clean material and an Institutional Control (1C) was placed on the
ponds.


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APPENDIX D:
SITE CHRONOLOGY


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CHRONOLOGY OF SITE EVENTS
IMPERIAL REFINING COMPANY SUPERFUND SITE

DATE

EVENT

1917-1934

Imperial Refining Company in operation

1934-1948

Tanks and most of the building dismantled

September 1997

DEQ conducted a Preliminary Assessment

July 1998

DEQ conducted a Site Inspection

1998-1999

EPA conducted Removal Assessment

May 11, 2000

Proposed to NPL

July 27, 2000

Placed on NPL

June 29, 2004 - July
23, 2004

EPA conducted a Removal Action to install perimeter fencing

2005 - 2007

DEQ conducted Remedial Investigation / Feasibility Study

September 3, 2007 -
October 12, 2007

Proposed Plan Comment Period

September 20, 2007

Proposed Plan Public Meeting

December 26, 2007

Record of Decision signed

January 30, 2008

Remedial Design and Remedial Action Work Plan

February 13, 2008

Remedial Action construction began

March 2008

Remedial Design & Remedial Action Work Plan Addendum

July 17, 2008

Open House

August 6 & 13, 2008
/ September 10, 2008

Site Pre-final and Final Inspections

September 18, 2008

Preliminary Close Out Report

November 3, 2008 -
December 3, 2008

Record of Decision Amendment Proposed Plan Comment Period

November 18, 2008

Proposed Plan Amendment Public Meeting

February 20, 2009

Record of Decision Amendment signed

December 2010

Draft Erosion Mitigation Evaluation Report submitted

April 201 1

Draft Erosion Mitigation Design Report submitted

July 14, 2011

Team meeting between EPA, DEQ, ODOT, City of Ardmore, and
Chickasaw Telephone Company

August 19, 2011

Final Erosion Mitigation Design submitted

August 26, 2011

Final Erosion Mitigation Design report accepted

November 28, 2011

Erosion Mitigation field work began

February 2012

Channel construction, erosion mitigation, and surface water drainage
completed

October 18, 2012

Final Remedial Action Inspection

December 2012

Final Remedial Action Report


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February 2013

1st Five Year Review Signed

May 2013

Final Close Out Report

September 2013

Removal from NPL

April 2016

East Pond Spillway Repair

March 2018

2nd Five Year Review Signed

November 1 1, 2019

Annual Inspection performed

October 20, 2020

Annual & 24-hour Rain Event Inspection

November 18, 2021

Annual Inspection performed

October 19, 2022

5-year Review Inspection performed with EPA


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APPENDIX E - SITE MAP


-------
Waste Left in Place
tthc Imperial Refinery
Superfund Site,
Ardmore, OK

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OKLAHOMA

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APPENDIX F:

SITE INSPECTION CHECK LIST


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Five-Year Review Site inspection Checklist

I. SITE INFORMATION

Site name: Imperial Refining Company Superfund

Date of inspection: 10/18/2022

Location and Region: Carter County, Ardmore, OK

EPA ID: OK0002024099

Region 6



Agency, office, or company leading the five-year

Weather/temperature: 64 degrees F

review: Oklahoma Dept. of Environmental Quality



Remedy Includes: (Check all that apply)



Kl Landfill cover/containment ~

Monitored natural attenuation

Kl Access controls ~

Groundwater containment

Kl Institutional controls ~

Vertical barrier walls

~ Groundwater pump and treatment



~ Surface water collection and treatment



ISI Other



Stornnvatcr controls to prevent erosion



Attachments: ISI Inspection team roster attached

SI Site map attached

II. INTERVIEWS (Check all that apply)

1. O&M site manager Steven Gunnels. Environmental Specialist. October 18.2022

Name

Title Date

Interviewed ISI at site ~ at office ~ bv phone Phone no.

Problems, suggestions; ~ Report attached







2. O&M staff Kelsev Bufford Environmental Program Manager 1/11/2023

Name

Title Date

Interviewed ~ at site ISI at office ~ bv phone Phone no.

Problems, suggestions; SI Report attached








-------
Local regulatory authorities and response agencies (i.e., State and Tribal offices, emergency response

office, police department, office of public health or environmental health, zoning office, recorder of
deeds, or other city and county offices, etc.) Fill in all that apply.

Agency: Chickasaw Nation Environmental Services

Contact: Phillip Cravatt	Environmental Director / 01/10/2023 / 580-325-5260

Name	Title	Date Phone no.

Problems; suggestions; ~ 	

Agency Oklahoma Department of Environmental Quality
Contact: Kelsey Bu fford

Title Geologist
Problems; suggestions; Report attached

Phone

Title

Agency:

Contact

Problems; suggestions; ~ Report attached

Date

Phone

Name

Problems; suggestions; ~ Report attached

_Iitl£_

Date Phone no

Other interviews (optional) ~ Report attached.

Agency: Burlington Northern Santa Fe (BNSF) Railway

Contact: Charles Thomas / Director of Environmental Remediation / 01/10/2023 / 817-372-4630

Name Title Date Phone no.
Problems; suggestions; ~ Report attached	


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III. ON-SITE DOCUMENTS & RECORDS VERIFIED (Check all that apply)

O&M Documents
IEI O&M manual

~	As-built drawings

~	Maintenance logs
Remarks	

IEI Readily available IEI Up to date ~ N/A

~	Readily available ~ Up to date IEI N/A

~	Readily available ~ Up to date IEI N/A

Site-Specific Health and Safety Plan	IEI Readily available IEI Up to date ~ N/A

IEI Contingency plan/emergency response plan IEI Readily available IEI Up to date ~ N/A
Remarks	

O&M and OSHA Training Records
Remarks	

~ Readily available ~ Up to date

N/A

Permits and Service Agreements

~	Air discharge permit

~	Effluent discharge

~	Waste disposal. POTW

~	Other permits	

Remarks	

~	Readily available

~	Readily available

~	Readily available

~	Readily available

~	Up to date

~	Up to date

~	Up to date

~	Up to date

N/A
N/A
N/A
N/A

Gas Generation Records
Remarks	

~ Readily available ~ Up to date IEI N/A

Settlement Monument Records
Remarks	

~ Readily available ~ Up to date IEI N/A

Groundwater Monitoring Records
Remarks

~ Readily available ~ Up to date IEI N/A

Leachate Extraction Records
Remarks	

~ Readily available ~ Up to date IEI N/A

Discharge Compliance Records

~	Air

~	Water (effluent)

Remarks	

~	Readily available ~ Up to date IEI N/A

~	Readily available ~ Up to date IEI N/A

10. Daily Access/Security Logs
Remarks

~ Readily available ~ Up to date IEI N/A


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IV. O&M COSTS

1. O&M Organization
IEI State in-house
D PRP in-housc

~	Federal Facility in-house

~	Other	

2. O&M Cost Records

~ Readily available ~ Up to date

Kl Funding mechanism/agreement in place

Original O&M cost estimate		~ Breakdown attached

Total annual cost by year for review period if available

From	To	 	 ~ Breakdown attached



Date



Date

Total cost



From



To





~ Breakdown attached



Date



Date

Total cost



From



To





~ Breakdown attached



Date



Date

Total cost



From



To





~ Breakdown attached



Date



Date

Total cost



From



To





~ Breakdown attached



Date



Date

Total cost



3. Unanticipated or Unusually High O&M Costs During Review Period
Describe costs and reasons: N/A 	

V. ACCESS AND INSTITUTIONAL CONTROLS ~ Applicable ~ N/A

A. Fencing

1. Fencing damaged	IEI Location shown on site map ~ Gates secured ~ N/A

Remarks: Fence is in good shape. Gate is missing.

B. Other Access Restrictions

1. Signs and other security measures ~ Location shown on site map ~ N/A
Remarks	

~	Contractor for State

~	Contractor for PRP

~	Contractor for Federal Facility


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c.

Institutional Controls (ICs)



1.

Implementation and enforcement

Site conditions imply ICs not properly implemented ~ Yes Kl No

~ N/A



Site conditions imply ICs not being fully enforced ~ Yes Kl No

~ N/A



Type of monitoring (e.g., self-reporting, drive by) In person inspections
Frequency Annual and 24-hour

Responsible party/agency Oklahoma Department of Environmental Quality
Contact Steven Gunnels Environmental Specialist 10/18/2022 405-702-5173
Name Title Date Phone no.



Reporting is up-to-date Kl Yes ~ No

~ N/A



Reports arc verified by the lead agency Kl Yes ~ No

~ N/A



Specific requirements in deed or decision documents have been met Kl Yes ~ No

~ N/A



Violations have been reported D Yes D No

IEI N/A



Other problems or suggestions: ~ Report attached





















2.

Adequacy Kl ICs arc adequate ~ ICs arc inadequate

Remarks

~ N/A













D.

General



1.

Vandalism/trespassing Kl Location shown on site map ~ No vandalism evident

Remarks









2.

Land use changes on site Kl N/A
Remarks









3.

Land use changes off site Kl N/A

Remarks









VI. GENERAL SITE CONDITIONS

A.

Roads ~ Applicable ~ N/A



1.

Roads damaged ~ Location shown on site map Kl Roads adequate

Remarks

~ N/A








-------
B. Other Site Conditions
Remarks	

VII. LANDFILL COVERS M Applicable ~ N/A

A. Landfill Surface

1. Settlement (Low spots) ~ Location shown on site map IEI Settlement not evident
A real extent	 Depth	

Remarks	

2. Cracks ~ Location shown on site map IEI Cracking not evident
Lengths	 Widths	Depths	

Remarks	

3.

Erosion
A real extent
Remarks

~ Location shown on site map Kl Erosion not evident
Depth







4.

Holes

A real extent
Remarks

~ Location shown on site map Kl Holes not evident

Depth







5.

Vegetative Cover ~ Grass ~ Cover properly established Kl No signs of stress

~ Trees/Shrubs (indicate size and locations on a diagram)

Remarks







6.

Alternative Cover (armored rock, concrete, etc.) Kl N/A
Remarks







7.

Bulges
A real extent
Remarks

~ Location shown on site map Kl Bulges not evident
Height


-------
8.

Wet Areas/Water Damage Kl Wet areas/water damage not evident

~	Wet areas ~ Location shown on site man A real extent

~	Ponding ~ Location shown on site man A real extent

~	Sceos ~ Location shown on site man A real extent

~	Soft sub grade ~ Location shown on site man A real extent
Remarks

9.

Slope Instability ~ Slides ~ Location shown on site map Kl No evidence of slope instability

A real extent
Remarks

B.

Benches ~ Applicable Kl N/A

(Horizontally constructed mounds of earth placed across a steep landfill side slope to interrupt the slope
in order to slow down the velocity of surface runoff and intercept and convey the runoff to a lined
channel.)

1.

Flows Bypass Bench ~ Location shown on site map ~ N/A or okay

Remarks

2.

Bench Breached ~ Location shown on site map Kl N/A or okay

Remarks

3.

Bench Overtopped ~ Location shown on site map Kl N/A or okay
Remarks

C.

Letdown Channels ~ Applicable Kl N/A

(Channel lined with erosion control mats, riprap, grout bags, or gabions that descend down the steep side
slope of the cover and will allow the runoff water collected by the benches to move oil of the landfill
cover without creating erosion gullies.)

1.

Settlement ~ Location shown on site map Kl No evidence of settlement

A real extent Depth
Remarks

2.

Material Degradation ~ Location shown on site map Kl No evidence of degradation

Material type A real extent
Remarks

3.

Erosion ~ Location shown on site map Kl No evidence of erosion

A real extent Depth

Remarks


-------
4.

Undercutting ~ Location shown on site map Kl No evidence of undercutting



A real extent Depth







Remarks













5.

Obstructions Type

ISI No obstructions





~ Location shown on site map A real extent





Si/c







Remarks













6.

Excessive Vegetative Growth Type
ISI No evidence of excessive growth
~ Vegetation in channels docs not obstruct flow







~ Location shown on site map A real extent





Remarks













D.

Cover Penetrations ~ Applicable ISI N/A





i.

Gas Vents ~ Active ~ Passive





~ Properly secured/locked ~ Functioning

~ Routinely sampled

~ Good condition



~ Evidence of leakage at penetration

CH Needs Maintenance





~ N/A







Remarks













2.

Gas Monitoring Probes







~ Properly secured/locked ~ Functioning

~ Routinely sampled

~ Good condition



~ Evidence of leakage at penetration

~ Needs Maintenance

ISI N/A



Remarks













3.

Monitoring Wells (within surface area of landfill)







~ Properly secured/locked ~ Functioning

~ Routinely sampled

~ Good condition



~ Evidence of leakage at penetration

~ Needs Maintenance

SI N/A



Remarks













4.

Leachate Extraction Wells







~ Properly secured/locked ~ Functioning

~ Routinely sampled

~ Good condition



~ Evidence of leakage at penetration

CH Needs Maintenance

SI N/A



Remarks













5.

Settlement Monuments ~ Located
Remarks

~ Routinely surveyed

SI N/A










-------
E.

Gas Collection and Treatment ~ Applicable

IEI N/A

i.

Gas Treatment Facilities

~	Flaring ~ Thermal destruction

~	Good condition ~ Needs Maintenance

Remarks

~ Collection for reuse







2.

Gas Collection Wells, Manifolds and Piping
~ Good condition ~ Needs Maintenance

Remarks









3.

Gas Monitoring Facilities (e.g., gas monitoring of adjacent homes or buildings)
~ Good condition ~ Needs Maintenance ~ N/A

Remarks







F.

Cover Drainage Layer ~ Applicable

IEI N/A

1.

Outlet Pipes Inspected ~ Functioning

Remarks

~ N/A







2.

Outlet Rock Inspected ~ Functioning

Remarks

~ N/A







G.

Detention/Sedimentation Ponds Kl Applicable

~ N/A

1.

Siltation A real extent Depth

~ N/A



Kl Siltation not evident

Remarks









2.

Erosion Area! extent Dentil



Kl Erosion not evident

Remarks









3.

Outlet Works Kl Functioning ~ N/A

Remarks









4.

Dam ~ Functioning Kl N/A
Remarks










-------
EL Retaining Walls

~ Applicable Kl N/A



1.

Deformations
Horizontal displacement

~ Location shown on site map ~ Deformation not evident
Vertical displacement



Rotational displacement
Remarks













2.

Degradation
Remarks

~ Location shown on site map

Kl Degradation not evident









I. Perimeter Ditches/Off-Site Discharge ~ Applicable

IEI N/A

1.

Siltation

A real extent
Remarks

~ Location shown on site map

Depth

Kl Siltation not evident









2.

Vegetative Growth ~ Location shown on site map

~ Vegetation does not impede flow
A real extent Tvoe
Remarks

IEI N/A









3.

Erosion
A real extent
Remarks

~ Location shown on site map

Depth

Kl Erosion not evident









4.

Discharge Structure
Remarks

~ Functioning ~ N/A











VIII. VERTICAL BARRIER WALLS ~ Applicable ISI N/A

1.

Settlement

A real extent
Remarks

~ Location shown on site map

Depth

~ Settlement not evident









2.

Performance Monitoring Tvpe of monitoring
~ Performance not monitored

Frecmencv ~ Evidence of breaching
Head differential

Remarks










-------
IX. GROUND WATER/SURF ACE WATER REMEDIES ~ Applicable M N/A

A. Groundwater Extraction Wells, Pumps, and Pipelines ~ Applicable ~ N/A

i.

Pumps, Wellhead Plumbing, and Electrical

~ Good condition ~ All required wells properly operating ~ Needs Maintenance ~ N/A
Remarks

2.

Extraction System Pipelines, Valves, Valve Boxes, and Other Appurtenances
CH Good condition EH Needs Maintenance

Remarks

3.

Spare Parts and Equipment

~ Readily available ~ Good condition ~ Requires upgrade ~ Needs to be provided

Remarks

B. Surface Water Collection Structures, Pumps, and Pipelines ~ Applicable Kl N/A

i.

Collection Structures, Pumps, and Electrical
CH Good condition EH Needs Maintenance

Remarks

2.

Surface Water Collection System Pipelines, Valves, Valve Boxes, and Other Appurtenances
~ Good condition ~ Needs Maintenance

Remarks

3.

Spare Parts and Equipment

~ Readily available ~ Good condition ~ Requires upgrade ~ Needs to be provided

Remarks


-------
c.

Treatment System ~ Applicable Kl N/A



i.

Treatment Train (Check components that apply)





~ Metals removal ~ Oil/water separation

~ Biorcmediation



~ Air stripping ~ Carbon adsorbers





~ Filters





~ Additive (e.e.. chelation agent, flocculent)





~ Others





~ Good condition ~ Needs Maintenance





~ Sampling ports properly marked and functional





~ Sampling/maintenance log displayed and up to date





~ Equipment properly identified





~ Quantity of groundwater treated annually





~ Quantity of surface water treated annually

Remarks









2.

Electrical Enclosures and Panels (properly rated and functional)
~ N/A ~ Good condition ~ Needs Maintenance

Remarks









3.

Tanks, Vaults, Storage Vessels





~ N/A ~ Good condition ~ Proper secondary containment ~ Needs Maintenance



Remarks









4.

Discharge Structure and Appurtenances

~ N/A ~ Good condition ~ Needs Maintenance

Remarks









5.

Treatment Building(s)





~ N/A ~ Good condition (esp. roof and doorways)

~ Needs repair



~ Chemicals and equipment properly stored

Remarks









6.

Monitoring Wells (pump and treatment remedy)





~ Properly secured/locked ~ Functioning ~ Routinely sai

mpled ~ Good condition



~ All required wells located ~ Needs Maintenance

~ N/A



Remarks









D. Monitoring Data

i.

Monitoring Data





~ Is routinely submitted on time Kl Is of acceptable quality

2.

Monitoring data suggests:





~ Groundwater plume is effectively contained ~ Contaminant concentrations arc declining


-------
D. Monitored Natural Attenuation

Monitoring Wells (natural attenuation remedy)

~	Properly secured/locked	~ Functioning ~ Routinely sampled ~ Good condition

~	All required wells located ~ Needs Maintenance IEI N/A
Remarks	

X. OTHER REMEDIES

If there arc remedies applied at the site which are not covered above, attach an inspection sheet describing
the physical nature and condition of any facility associated with the remedy. An example would be soil
vapor extraction.

XI. OVERALL OBSERVATIONS

Implementation of the Remedy

Describe issues and observations relating to whether the remedy is effective and functioning as designed.
Begin with a brief statement of what the remedy is to accomplish (i.e., to contain contaminant plume,
minimize infiltration and gas emission, etc.).

B. Adequacy of O&M

Describe issues and observations related to the implementation and scope of O&M procedures. In
particular, discuss their relationship to the current and long-term protcctivcness of the remedy.


-------
C. Early Indicators of Potential Remedy Problems

Describe issues and observations such as unexpected changes in the cost or scope of O&M or a high
frequency of unscheduled repairs, that suggest that the protcctivcness of the remedy may be
compromised in the future.

D. Opportunities for Optimization

Describe possible opportunities for optimization in monitoring tasks or the operation of the remedy.


-------
APPENDIX G:

INSPECTIONS


-------
MAINTENANCE INSPECTION FORM- IRC REFINERY SUPERFUND SITE

INSPECTION DATE/TIME: 11/18/202110:00 AM
INSPECTOR'S NAME: Steven Gunnels & Hal Cantwell,

Department of Environmental Quality
Land Protection Division
Superfund Program Section

A. Reason for Inspection

Routine Yearly Inspection

B. Area Inspected/ Findings

(Describe each item found to be deficient in the "Describe Deficiencies"
spaces provided below. Continue on separate sheet if necessary.)

1. Soil Cover System

Any sign of erosion? No

Any sign of intrusive plants that need removal? No

Any sign of burrowing animals? No

Any sign of subsidence? No

Is ponding occurring? No

Any bare spots or washouts? No

Does grass appear to be well maintained and healthy? Yes

Describe Deficiencies: None

2. Drainage Structures

Are inlets free of sediment and debris? Yes

Any signs of damage or distress to inlets/ piping structures? No

Is rip-rap in place and stable? Yes

Is vegetation well-established? Yes

Any signs of erosion or slope failure? No

Describe Deficiencies: N/A

3. Land Use

Has the land use changed? No
Describe Deficiencies: None

C. LIST PROBLEMS NOTED AND THE CORRESPONDING REMEDIAL ACTION. IF NO PROBLEMS ARE
NOTED, CERTIFY IN SECTION (E) THAT THE FACILITY IS IN COMPLIANCE WITH THE O&M PLAN.


-------
See Sec. E: Signature certifies compliance.

D. O&M PLAN REVISION NECESSARY?

No

E. CERTIFICATION

I hereby certify that the Facility has been inspected for the items listed herein, and is in
compliance with the O&M Plan.

Date: November 18, 2021


-------
Photo #1

Inspection Photographs
Photo #2

a®y
" ....

spgr


-------
MAINTENANCE INSPECTION FORM- IRC REFINERY SUPERFUND SITE

INSPECTION DATE/TIME: October 20, 2020

INSPECTOR'S NAME: Steven Gunnels

A. Reason for Inspection

Routine Annual & 24-hour Rain Event Inspection

B. Area Inspected/ Findings

(Describe each item found to be deficient in the "Describe Deficiencies"
spaces provided below. Continue on separate sheet if necessary.)

1. Soil Cover System

Any sign of erosion? No

Any sign of intrusive plants that need removal? No

Any sign of burrowing animals? No

Any sign of subsidence? No

Is ponding occurring? No

Any bare spots or washouts? No

Does grass appear to be well maintained and healthy? Yes.
Photos #5 & #6

Describe Deficiencies: Natural vegetation in place and dense.
Plants abundant with seed heads indicating healthy population.

2. Drainage Structures

Are inlets free of sediment and debris? Yes

Any signs of damage or distress to inlets/ piping structures? No.

Is rip-rap in place and stable? Yes. Photos #2, #3, & #4

Is vegetation well-established? Yes. Photos #5 & #6

Any signs of erosion or slope failure? No

Describe Deficiencies: Drainage structures consist of several areas of
terracing with rip-rap and culverts. Rip-rap is in place and functioning
properly. Terraces catching sediment and minimizing erosion of spill-
ways. One location shows geotextile fabric, however, vegetation has
grown through as intended.

3. Land Use

Has the land use changed? No

Describe Deficiencies: No deficiencies observed.

C. LIST PROBLEMS NOTED AND THE CORRESPONDING REMEDIAL ACTION. IF NO PROBLEMS ARE
NOTED, CERTIFY IN SECTION (E) THAT THE FACILITY IS IN COMPLIANCE WITH THE O&M PLAN.

See Section (e). Facility is in compliance with O&M Plan.


-------
D. O&M PLAN REVISION NECESSARY?	No

E. CERTIFICATION

I hereby certify that the Facility has been inspected for the items listed herein, and is in
compliance with the O&M Plan.



Date: October 20, 2020


-------
INSPECTION PHOTOS
Imperial Refining Company
October 20, 2020

PHOTO #1


-------
PHOTO #2


-------
PHOTO #3


-------
PHOTO #4


-------
Photo #5


-------
Photo #6


-------
Photo #7


-------
Photo #8


-------
MAINTENANCE INSPECTION FORM- IRC REFINERY SUPERFUND SITE

INSPECTION DATE/TIME: 11/26/20199:18AM
INSPECTOR'S NAME: Steven.gunnels_DEQ

A. Reason for Inspection

Routine Yearly Inspection

B. Area Inspected/ Findings

(Describe each item found to be deficient in the "Describe Deficiencies"
spaces provided below. Continue on separate sheet if necessary.)

1. Soil Cover System

Any sign of erosion? No

Any sign of intrusive plants that need removal? No

Any sign of burrowing animals? No

Any sign of subsidence? No

Is ponding occurring? No

Any bare spots or washouts? Yes

Does grass appear to be well maintained and healthy? Yes

Describe Deficiencies: Natural vegetation in place and dense. Plants
abundant with seed heads indicating healthy population.

2. Drainage Structures

Are inlets free of sediment and debris? Yes

Any signs of damage or distress to inlets/ piping structures? No. Photo 4
Is rip-rap in place and stable? Yes Photo 2 & 3
Is vegetation well-established? Yes
Any signs of erosion or slope failure? No

Describe Deficiencies: Drainage structures consist of several areas with
terracing with rip-rap and culverts. Rip-rap is in place and functioning
properly. Terraces catching sediment and minimizing erosion of spill-
ways. One location shows geotextile fabric, however, vegetation has
grown through as intended.

3. Land Use

Has the land use changed? No

Describe Deficiencies: No deficiencies observed.

C. LIST PROBLEMS NOTED AND THE CORRESPONDING REMEDIAL ACTION. IF NO PROBLEMS ARE
NOTED, CERTIFY IN SECTION (E) THAT THE FACILITY IS IN COMPLIANCE WITH THE O&M PLAN.


-------
See Section (e). Facility is in compliance with O&M Plan.

D. O&M PLAN REVISION NECESSARY?	No

E. CERTIFICATION

I hereby certify that the Facility has been inspected for the items listed herein, and is in
compliance with the O&M Plan.



Date: Nov 25, 2019


-------
Inspection Photographs

Photo #1

'Vi.H -


-------
Photo #2


-------
Photo #3


-------
Photo #4


-------
Photo #5


-------
APPENDIX H:

INTERVIEWS


-------
INTERVIEW RECORD

Site Name: Imperial Refining Company Superfund Site

EPA ID No.: QK0002024099

Site Location: Ardmore. OK









Type: ~ Telephone ~ Visit Jh Other

Time: 10:30
am

Date: 31 -Jan-

2023

Contact Made By:

Name: Steven Gunnels

Title: Environmental Programs
Specialist

Organization: OK Department of
Environmental Quality

Telephone No: 405.702.5173
E-Mail:

steven.gunnels@deq.ok.gov

Street Address: 707 N. Robinson. P.O. Box 1677
City, State, Zip: Oklahoma City, OK 73 101-1677

Individual Contacted:

Name: Kelsey Bufford

Title: Superfund Program

Manager

Organization: OK Department of
Environmental Quality

Telephone No: 405.702.5184

E-Mail Address: kelsey.bufford@deq.ok.gov

Street Address: 707 N. Robinson

City, State, Zip: Oklahoma City, OK 73101

Summary Of Conversation

1. What is your overall impression of the site/project (general sentiment)'.'



Overall. 1 believe the remedy is performing as designed.





Page 1 of 2


-------
2. What effects have site maintenance activities in the last five years had on the surrounding
community?

OK DEQ performed a site inspection for the Third Fi\ e-Year Review on October 19. 2022. The property
appeared well maintained. 1 am not aware of any negative impacts site maintenance activities in the last
five years have had on the surrounding community.

Page 1 of 2


-------
Interview Record continued

Site Name: Imperial Refining Company Superfund Site
Site Location: Ardmore. OK

EPA ID No.: GK0002024099

3. Are you aware of any community concerns regarding the ongoing operation and maintenance
activities at the site? If so. please give details.

No.

4. Are you aware of any events, incidents, or activities at the site such as vandalism, trespassing, or
emergency response from local authorities'.' If so. please provide details.

DEQ performed a site inspection for the Third Five-Year Review on October 19, 2022. The site inspection
suggested that the remedy is performing as intended; however, security gates located on both sides of the
highw ay had been removed. Also, household debris and other personal items on the property indicated that
the site had been used as a dumping ground.

5. Do you feel well informed about the site's activities and progress'.' Yes.

6. Do you have any comments, suggestions, or recommendations regarding the site's management or
operation'.'

The Imperial Refining Company site project manager is currently working on getting the security gates
restored.


-------
APPENDIX I:
EJ SCREEN REPORT


-------
xvEPA	EJ Screen Report {Version 2.1)

5 miles Ring Centered at 34.195602.-97.108182, OKLAHOMA. EPA Region 6
Approximate Population: 25,956
Input Area (sq. miles}: 78.53
Imperial Refining Company Superfund Site

Selected Variables

State
Percentile

USA
Percentile

Environmental Justice Indexes

El Index for Particulate Matter 2.5

30

74

EJ Index for Ozone

70

B3

EJ Index for Diesel Particulate Matter*

69

60

EJ Index for Air Toxics Cancer Risk'

60

70

EJ Index for Air Toxics Respiratory Hi"

60

60

EJ Index for Traffic Proximity

55

46

EJ Index for Lead Paint

72

74

EJ Index for Superfund Proximity

15

e

EJ Index for RMP Facility Proximity

71

67

EJ Index for Hazardous Waste Proximity

67

61

EJ Index for Underground Storage Tanks

70

60

EJ Index for Wastewater Discharge

72

70

E3 Index for the Selected Area Compared to Ali People's Blockg roups in the State/US

K

i B SO

I









_

<<-> "¦>,

¦v V,

V. v %

V,

'

"'S

E) Jnd»ir«

\ V V
V -X V

N x> X\>

¦state p«t:e«iie ¦ usa mcawte

This report shows the vaiues for environmental and demographic indicators and EJ5CREEN indexes It shows environmental and demographic raw data |e.g. the
estimated concentration or ozone in the air), and also shows what percentile each raw data value represents. These percentiles provide perspective on how the
selected block group or buffer area compares to the entire state. EPA region, or nation For example, r a given location is at the 95th percentile nationwide., this
means that only 5 percent of the US populaton has a higher block group value than she average person in the location being analyzed. The years for which the
data are awailaWe.. and the methods used, vary across these indicators. Important caveats and uncertainties apply to this screenmg-level information, so it is
essential to understand the limita'nor.s on appropnate interpretations and applications of these indicators. Please see EJSCfl.EEN documentation for discussion of
these issues before using reports

March 15. 2023	i/3


-------
i^r™,Pro,w,a-	EJScreen RePort {Version 2.1)

5 miles Ring Centered at 34.195602,-97.108182, OKLAHOMA, EPA Region 6

Approximate Population: 25,956
Input Area (sq. mites): 78,53
Imperial Refining Company Superfund Site

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March 15,2023

2/3


-------
SEPA	EJScreen Report (Version 2.1)

5 miles Ring Centered at 34-195602,-97.108182, OKLAHOMA, EPA Region 6
Approximate Population: 25.956
Input Area (sq. miles): 78.53
Imperial Refining Company Superfund Site

Selected Variable?

Value

State

Wile in

USA

Kile in





Avg.

State

Avg.

USA

Pollution and Sources

Particulate Matter 2.5 (iis'm1}

9.22

S.64

20

8.87

69

Ozone {spb)

47.2

46

57

42.5

B5

Diesel Particulate Matter' (i^frn1)

0.223

0.201

01

0.294

<50th

Air Tonics Cancer Risk' (lifetimerisk perrr on)

33

20

02

2B

aa-90th

Air Toxics Respiratory H1*

0.39

0.38

73

0.36

70-BOth

Traffic Proximity (daily traffic courVe&anceso rose;

110

250

55

780

35

Lead Faint i"; P-e-1960 Housing)

D.4

0.23

74

0.27

60

Superfund Proximity (site count/km cistsncej

0.01

D.047

11

0.13

4

RMP Facility Proximity (fac tv court/km cstsice I

0.53

0.56

80

0.77

60

Hazardous Waste Proximity1 facility count/kmdistance)

0.7

0.87

57

2.2

50

Underground Storage Tanks (count/W]

2.0

1.7

70

3.9

83

Wastewater Discharge Ito-irisy-we £nred CDicentrarior/m cstance)

0.14

0.08B

04

12

B8

Socioeconomic Indicators

Demographic Index

38%

38%

60

35%

02

People of Color

37%

35%

62

40%

57

Low Income

39%

30%

54

30%

67

Unemployment Rate

5%

5%

50

5%

59

Limited English Speaking Households

2%

2%

75

5%

62

Less Than High School Education

13%

11%

64

12%

60

Under Ape 5

7%

7%

01

6%

67

Over Age 64

17%

10%

02

16%

58

•Diesel particular •natter, air to- s cancer risk and air toxics respiratory nasand index are toiti the EPA s Air Toxics Data Update, which k she Agency's
ongoing, comprehensive evaluation of airtOKks in the United Sates This ef-'ot aims to prioritize air toxics, emission sources, and •ocaaorj of interest for
further study, fe is important to renumber "diat the air topics data presented ne^e provide broad estimates of health ris«s o«er geographic areas of she country,
not definitive risks to specific individuals or locations. Cancer risks and hazard indices horn the Air Tax es Data Update are reported to ore S'gnncant figure ano
any additional significant figures here are due to rounding. More n'-ormation on the Air Toxics Data Update can be found at: https //wwwepa.gov/haps/ar*
topics-cata-L pdate

For additional information, see: www.e pa .gov ,'en v ironmenta Itust ice

DScreen is a screening tool for pre-decis-onai use only It can help identify areas that may wan-ant additional consideration, anaJys?s, or outreach It does not
provide a basis for decison-making., but it may help identify ootential areas of Ef concern. Users should keep in mind that screening tools are subject to substantial
uncertainly 
-------
APPENDIX J:

BROWN FIELDS REMEDIAL ACTION REPORT COVER LETTER

VALERO PROPERTIES ADJACENT TO THE FORMER IMPERIAL

REFINERY


-------
BROWNFIELDS

REMEDIAL ACTION REPORT

VALERO PROPERTIES ADJACENT TO
THE FORMER IMPERIAL REFINERY
Ardmore, Oklahoma

to obtam
A Certificate of Completion

Pursuant to 27A § 2-15-0; et seq
and OAC 252:221-1-; et seq

CONSENT ORDER NO, 11-166

September 15, 202'

Participant

VALERO

Prepared By:

5"tanTech

4 "00 North Lincoln Boulevard
Oklahoma City. Oklahoma 73105


-------
6/16/23, 9:38 AM

Manage your flows | Power Automate

R6RB: Approval Requested f... x

Overview

Requester
w* Wiley, Adina

Received

Jun 13, 04:06 PM (2 d ago)

Completed

Jun 15,12:18 PM (21 h ago)

Outcome
Approved

Link

Review the Document(s)

Details

Request: Five Year Review Report for
ATSF Clovis Site

Routing History: - Sent to Mueller, Brian on
6/13/2023 4:06 PM for Step 6 Review.

•	Approved by Malone, George on
6/13/2023 4:04 PM. Comments:

•	Sent to Malone, George on 6/13/2023
8:51 AM for Step 5 Review.

•	Approved by Salinas, Amy on
6/13/2023 8:50 AM. Comments:

•	Sent to Salinas, Amy on 6/7/2023 1:15
PM for Step 4 Review.

•	Approved by Luschek, Robert on
6/7/2023 1:14 PM. Comments: minor
edits using track changes

•	Sent to Luschek, Robert on 6/5/2023
3:07 PM for Step 3 Review.

•	Approved by Atkins, Blake on
6/5/2023 3:06 PM. Comments: A few
grammatical edits provided in Word
document, using track changes.

•	Sent to Atkins, Blake on 6/5/2023 1:04
PM for Step 2 Review.

•	Approved by Mueller, Brian on
6/5/2023 1:03 PM. Comments:

•	Sent to Mueller, Brian on 6/5/2023
1:01 PM for Step 1 Review,

•	Routing for ATSF Clovis FYR started
on 6/5/2023 1:01 PM.

•	Request: Five Year Review Report for
ATSF Clovis Site

Activity

Created

Wiley, Adina
Jun 13, 04:06 PM (2 d ago)

Responded: Approve

Mueller, Brian
Jun 13, 04:06 PM (2 d ago)

https://make.gov.powerautomate.us/environments/Default-88b378b3-6748-4867-acf9-76aacbeca6a7/approvals/history

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