EPA v. RALPH LOWE & JOC OIL EXPLORATION (BRIO REFINERY NPL SITE)

Case summary

* THE BRIO REFINING SITE IS LOCATED APPROX 20 MILES STHEAST OF HOUSTON, TX, IN HARRIS COUNTY. THE SITE OCCUPIES APPROX 58.1 ACRES. PORTIONS OF THE SITE OCCUR BOTH NORTH AND SOUTH OF DIXIE FARM ROAD AND ARE DESIGNATED AS BRIO NORTH AND BRIO SOUTH. BRIO NORTH OCCUPIES 48.8 ACRES AND BRIO SOUTH COVERS 93. ACRES. THE SOUTHBEND SUBDIVISION BORDERS THE BRIO PROPERTY TO THE NORTHWEST. * THERE ARE 1,757 DRUMS ON THE SITE, MOST OF WHICH WERE GEN- ERATED DURING THE REMEDIAL AND SUPPLEMENTAL REMEDIAL INVESTI GATIONS. THE MAJOR SOURCES OF POSSIBLE CONTAMINATION ARE THE CLOSED IMPOUNDMENTS ON THE SITE AND THE CONTAMINATION THESE PITS HAVE CAUSE TO THE SHALLOWEST GROUNDWATER ACQUIFER. * THERE ARE APPROX 200,000 CUBIC YARDS OF CONTAMINATED PIT AND SUBSURFACE SOILS ON THE SITE, ASSOCIATED WITH 24 DIFFERENT PITS. BUT THE SITE INVESTIGATIONS INDICATED THAT THERE ARE BETWEEN 500,000 AND 700,000 CUBIC YARDS OF SOILS WITH MEASURABLE AMOUNTS OF CONTAMINATION. * 1,2-DICHLOROETHANE HAD THE HIGHEST CONCENTRATION OF ANY OF T HE VOLATILE ORGANICS DETECTED IN THE PIT SOILS, WHILE PHEN- ATHRENE HAD THE HIGHEST CONCENTRATION OF ANY OF THE BASE NEUTRAL ORGANICS FOUND IN THE PIT SOILS. IN THE SUBSOILS AROUND THE PITS 1,1,2-TRICHLOROETHANE HAD THE HIGHEST CON- CENTRATION OF ANY OF THE VOLATILE ORGANICS FOUND AND FLUORAN THENE HAD THE HIGHEST CONCENTRATION OF THE BASE NEUTRAL ORGANICS DETECTED. * OVER TWENTY WELLS WERE INSTALLED IN THE SHALLOWEST AQUIFER TO TEST IT FOR CONTAMINATION, AND FIVE MORE WERE DRILLED INTO THE NEXT AQUIFER. GROUNDWATER SAMPLE ANALYSES INDICATE THAT THE PITS ARE SOURCES OR POTENTILA SOURCES OF GROUND WATER CONTAMINATION. IN GROUNDWATER SAMPLES FROM THE NSCZ, BIS-ETHER HAD THE HIGHEST CONCENTRAION OF THE BASE NEUTRAL ORGANIC COMPOUNDS D DETECTED WHILE 1,2-DICHLOROETHAN HAD THE HIGHEST CONCENTRA- TION OF VOLATILE ORGANICS FOUND. THE HIGHEST CONCENTRATION OF CONTAMINANTS IN THE FIFTY-FOOT SAND WERE LIMITED TO VOLATILE ORGANICS INCLUDING 1,1,2-TRICHLOROETHANE, 1,2-DICH- LOROETHANE AND METHYLENE CHLORIDE. * THE ASSESSMENT OF RISK POSED BY THE BRIO REFINING SITE WAS EVALUATED IN THE BRIO REFINING/DIXIE OIL PROCESSORS ENDANGER MENT ASSESSMENT WHICH WAS PREPARED BY THE BRIO TASK FORCE AND APPROVEDF BY EPA. BASED ON THE RESULTS OF THIS ASSESSME NT, EPA HAS CONCLUDED THAT THE SITE POTENTIALLY POSES FOUR MAJOR RISKS TO HUMAN HEALTH AND THE ENVIRONMENT. THESE RISKS WOULD RESULT FROM: * - INGESTION OF CONTAMINATED SOILS ON THE SITE; - DIRECT CONTACT WITH CONTAMINATED SOILS ON SITE; - INHALATION OF CONTAMINATED DUST FROM THE SITE; - INGESTION OF CONTAMINATED SHALLOW GROUNDWATER FROM THE SITE; AND - INHALATION OF AIR EMISSINS OF ORGANIC FUMES FROM THE SITE. * MANY OF THE CHEMICALS FOUND ON THE SITE ARE CARCINOGENS OR TOXIC TO THE CENTRAL NERVOUS SYSTEM, LIVER, OR RESPIRA- TORY SYSTEM. * THE POPULATIONS INDENTIFIED AS BEING POTENTIALLY AT RISK ARE THE SOUTHBEND SUBDIVISION, A JUNIOR

Defendants (2)

• JOC OIL EXPLORATIONNamed in complaintNamed in settlement
• RALPH LOWENamed in complaintNamed in settlement

Facilities (1)

• BRIO REFINING INCORPORATED

  2501 DIXIE FARM ROAD, FRIENDSWOOD, TX, 77546

  Registry ID: 110001995440

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• RALPH LOWE & JOC OIL EXPLORATION (BRIO REFINERY NPentered 1993-10-08

  Primary law: CERCLA

Timeline (6 milestones)

• 1988-12-30Enforcement Action Data Entered
• 1988-12-30Referred To Dept Of Justice
• 1991-03-29Complaint Filed With Court
• 1993-10-08Final Order Lodged
• 1993-10-08Final Order Entered
• 1993-10-08Concluded