Document npZQw9kGmGezXzJ9d251BERjR

Health for BRIO REFINING, INC. <BRIO)/DIXIE OIL PROCESSORS (DOI) NPL SITES HOUSTON, TEXAS NOVEMBER 4, lf8 -[Dir p RSV 0018736 SUMMARY The Brio Refining, Inc. (Brlo)/Dlxle Oil Processors (DOP) HPL Sites ere loceced approximately 20 olles southeast of Houston, Texes. The shallow groundwaters of both sites are heavily contaslnated with volatile organic chemicals (VOCs). The documents reviewed did not indicate any major current use of the shallow aquifer groundwater (Numerous Sand Channel Zone [NSC2] and Fifty-Foot Sand zones) near the site for human consumption. However, there do not appear to be institutional controls to prevent such use. There are three off-site, potable wells in the area at a depth of approximately 250 feet or less. Only one of these wells has been tested. No contamination was noted in this well. There are approximately 28 water wells (both potable and non-potaVle) within a one-mile radius of the sites which were completed in the deeper aquifers (>400 feet deep). The deeper aquifers are separated from the upper aquifers by a 100 foot thick clay aquitard. The deeper aquifers are not known to be contaminated at this time. No surface drinking water intakes were identified in the surrounding area. Former on-site pits are heavily contaminated with VOCs, polyaromatic hydrocarbons (PAHs), metals, and semi-volatile compounds. On-site remedial or construction efforts could expose workers to air, soil, and groundwater contamination, and may cause off-site contamination. Based on the available information, the Brio/DOP Sites currently pose minimal risk to public health under the assumptions that contaminated groundwater is not used for human consumption and the site conditions and migration pathways remain unchanged. However, a complete assessment of potential off-site public health risks would require additional data and information. BACKGROUND A. SITE DESCRIPTION The Brio/DOP sites are located In Harris County approximately 20 miles Southeast of Houston, Texas (see Appendix, Figure 1). The sites are about one and one-half miles southwest of Interstate 45 at the Ellington Field Exit. About one to two miles further south is the community of Friendswood. The Brio/DOP sites are located north and south of Dixie Farm Road. For simplicity, the sites will be referred to as Brio north, Brio south, DOP north and DOP south. The Brio north and DOP north sites are separated by a flood control ditch called Mud Gully, which discharges to Clear Creek. Brio is bordered on the northwest (NV) by Southbend Subdivision and to the northeast (NE) by Beamer Road. DOP Is bordered on the NV by open fields and an athletic field to the southwest (SV). Other areas surrounding both sites are open lands used for oil and gas production. The Brio and DOP sites are 58.1 and 26.6 acres respectively. Both sites north of Dixie Farm Road were used for storage purposes (Impoundments and pits). The areas south'of Dixie Farm Road were mainly Page 1 RSV 0018737 used for processing activities. There ere on-site water supply wells at both Erio/DOF sites. These veils were Intended for potable and non-potable use and were completed in the aquifer at a depth of approximately 475 feet. Brio Site: Approximately 23 unlined storage pits were constructed and closed on the Brio site during the period 1957 to 1982. From 1957 to 1969, the major industrial operations included regeneration of copper catalysts, recovery of petrochemicals from styrene cars and recovery of chemicals from vinyl chloride still bottoms. Reclamation of petrochemicals from various chemical feedstocks also occurred at Brio. Because of a lack of processing capacity, styrene tars were stored in large impoundments. Spent caustics were scored in tanks during 1969 to 1971. Hydrogen sulfide was blended with spent caustic to produce cresylic acid, sodium sulfide and sodium cresyllite. During the time period 1975 to 1978, styrene tar, diesel fuel that did not meet specifications, ethylben2ene, phenol bottoms, cutter stock, caustic, crude oil, blend oil, polyethylbenzene bottoms, and crankcase oil were utilized as feedstock. Styrene tars were stored in open pics on the site. Several pits were closed between 1957 to 1977. The recovery plant was converted to a crude oil topping unit for jet fuel production in 1978. Different fuels were produced by distillation of crude oil. No cracking or reforming of feedstocks took place. The final pit closure took place in 1979-1980. Intermittent jet fuel production occurred throughout 1982. Operations were completely shut down in December 1982. -The Brio site has been inactive since that time. DOP Site: Six unlined Impoundments were used by DOP north for copper catalyst recovery and hydrocarbon washing operations from 1969 to 1978. The impoundments were used to store the wastewater prior to copper recovery and to treat the wastewater prior to discharge. The hydrocarbon washing operation wastewaters were discharged into one of the impoundments. The Impoundments were closed during the above period. DOF south begen operations in 1978. The operations were similar to DOP north. The site was used to regenerate copper chloride catalyst and hydrocarbon washing to produce ethylbenzene, toluene, aromatic solvents, styrene pitch, and for oil recovery. Feedstocks were residues from local Paga 2 RSV 0018738 chemical plant* and refineries (phenolic tank bottom tars end glycol cutter stock). These were blended and distilled to produce various petroleum products. Including fuel oil, creosote extender, and a molybdenum catalyst. Presently, both DOF north and DOP south use some of the storage tanks for an intermediate storage operation. B. SITE VISIT A site visit was made on January 25 to 27, 1986, with ATSDR Headquarters and Regional personnel, the EPA Remedial Project Manager, and members of the Brio Task Force in attendance. The site was fenced and appeared to be well secured. Site security personnel were present. The surrounding area appears to have experienced moderate population growth. There were residence#, businesses, a hospital, and a school within about one-half mile of the site. Much land is still used for cattle grazing and oil production. The site terrain is very level. Mud Gully Creek, which passes through the site, did not appear to be visibly polluted. The Brio/DOF north soils contained many small black objects that appeared to be tar residues. All process pics were backfilled and leveled to the surrounding terrain. Evidence of apparent plant toxicity was found at the northwestern area between DOP and Brio north near Mud Gully. A 10-20 foot by 100 foot vide strip of land along the northern and western edges of Brio north contained a black, granulated soil and was completely devoid of plant life. Analyses of soil samples from the bare areas reportedly did not detect significant concentrations of priority pollutants; therefore the cause of the defoliation is unknown. Surface runoff from this area enters Mud Gully. ENVIRONMENTAL CONTAMINATION AND PHYSICAL HAZARDS A. ON-SITE CONTAMINATION 1. CROUNDVATER CONTAMINATION (see Appendix, Tables 1,2) 2. PIT RESIDUALS- BRIO/DOP SITES (see Tables below). 3. MUD CULLY SEDIMENTS- BRIO/DOP SITES (see Tables below). Page 3 RSV 0018739 PIT RESIDUALS - BRIO/DOP SITE 1,1,2* trichloroethane 1,2*dlchloroethane Vinyl chloride Methylene chloride Ethylbenzene Styrene Hexachlorobenzene Bis(2-chloroethyl)ether Phenenthrene Fluoranthene Chromium Copper Lead ND * Not Detected mg/kg- milligrams per kilogram MiaZMax Concentration Xmg/kg^ ND 166,000 ND 245,000 ND 22.700 ND 909 VD 2,190 ND 518 ND 674 ND 3.040 ND 6,670 ND 988 ND 1,300 ND 182,000 ND 10,100 MUD GULLY SEDIMENTS BRIO NORTH AND BRIO SOUTH Contaminants Copper Chromium Phenanthrene Fluoranthene --- Pyrene Benzo(a)anthracene Chrysene Benzo(b)fluoranthene Benzo(k)fluoranthene Benzo(a)pyrene Dibenzo(a,h)anthracene Concentration (mg/kg) Geometric Mean Brio North Brio South 567 23 5.1 70.3 17.7 4,3 133.5 3.8 25.8 10.7 1,384 9 11.07 38.18 11.60 5.18 149.64 4.69 7.53 2.15 5.89 (-) analyzed but not detected. Page 4 RSV 0018740 MUD CULLY SEDIMENTS DOP NORTH AND DOP SOUTH Contaminants Copper Chromium Acenaphthene Phenanthrene Fluoranthene Pyrene Benzo(a)anthracene Chrysene Benzo(b)fluoranthene Benzo(g,h, Dperylene Indeno(1,2,3 -cd)pyrene Concentration (mgAg) Geometric Mean DOP North DOP .South li586 28 9.8 0.6 0.86 --- -4.28 1.4 -- 183 26 -2.0 8.86 4.07 0.8 12.73 -2.6 (--) analyzed but not detected. B. OFF-SITE CONTAMINATION: Southbend Subdivision is outside the northern boundary of Brio north. There are five pits located along the Brio north northern boundary. Soil samples vere taken from the pits (backfill) and subdivision properties to determine the lateral extent of contaminant migration. During the Remedial Investigation, soil samples vere collected from multiple locations in Southbend Subdivision residential lots at depths of 0-1 foot and 9-10 feet. The migration of metals from Brio north did not appear to be addressed, although data Indicated high levels of lead (7,600 mgAg). copper (182,000 mgAg). and chromium (1,000 mgAg) in some pits on the Brio North northern boundary. In June 1988, additional soil samples vere collected from residential lots in the Southbend Subdivision at depths of 0-5 feet. These samples vere analyzed for acid base/neutral compounds, VOCs, and one sample vas analyzed for metals. There may have been some limited, on-site lateral migration of copper from DOF pits AA and CC. Lead and chromium for the DOP north pit subsoils vere analyzed for but not detected. Off-site NSCZ monitoring veils in Southbend Subdivision indicated high concentrations of volatile organic compounds near the site boundary that rapidly diminished a few hundred feet beyond Che site boundary. Since this area is served by a deep municipal veil, minimal or no groundvater exposure is anticipated. Page 5 RSV 0018741 C. PHYSICAL HAZARDS During a sit* visit on January 26, 1988, a physical survey revealed much debris, old process equipment and storage tanks. The estimated quantity of waste liquids left in the storage tanks is approximately 200,000 gallons. Only two large lagoons remain which were used in the past for process wastewater treatment. The two lagoons trap stormwater which is manually discharged periodically. At Brio south, a large box weir was found filled with water. At DOP south, a large wastewater sump pit was also found filled with water. The storage tanks appear abandoned with holes in the sides of some of them. Many tanks still hold chemical residues chat may present a future hazard due to tank corrosion. The lagoons and sump pits were at grade level, filled with water, and may represent a drowning hazard for trespassers. DEMOGRAPHICS The Brlo/DOP sites are within two Standard Metropolitan Statistical Areas (SMSA)- Houston and Galveston-Texas City, Texas. The estimated population within a one-mile radius of the site is approximately 5,700. Census data indicate that the population in che site area is composed mostly of young families residing in recently-developed communities that constitute suburban Houston. Ho residences were within one mile of the sites prior to 1972. Three homes were built between 1972 and 1976 within 1,000 feet of the sites. The Southbend subdivision was built adjacent to the northern boundary of the Brio site between 1980 and 1984. The subdivision is approximately 502 acres, of which approximately one-half is presently developed with single-?family homes. Thirty-one residences are on the NW boundary of the site and Veber Elementary School Is located approximately 1,200 feet NW of the site. The Southbend Municipal Utility District water well location is approximately 1.25 miles west and southwest of the site. The well is approximately 1,200 feet deep with a well casing of 16 inches. The depth of the screen is not known. This well supplies water for che homes in Southbend Subdivision. Northwest of Southbend is the Sageglen Subdivision. Approximately one mile north is Che Scarsdale Subdivision. Memorial Southeast Hospital, with approximately 920 beds, is located approximately 3,200 feet HU of the site. The community of Friendswood is located one to two miles to the south and southwest of the site. Outside of the residential areas, the land is used for grazing and oil and gas production. Approximately 26 oil and gas wells are located within a half-mile radius of the site. Page 6 RSV 0018742 An athletic field is located immediately adjacent to DOP north. The field is used as a public ball park (USA Ball park). A veil at the ball field vas completed at A depth of greater than 250 feet and is reported by EPA to be used only for Irrigation purposes. Veter is supplied by public or private utilities to almost all homes wichin a one-mile radius of the Brio/DOP sice. Population distribution by sex is approximately the national average. The number of children (under 5 years of age) is three times the national average. The number of elderly persons (62 years and older) is one-fourth the national average. Median age is three years younger than the national average. Most employed persons (over 16 years of age) are in managerial, professional, technical, or administrative positions. Seventy-five percent of the residences are owner-occupied, single-family dwellings. EVALUATION A. SITE CHARACTERIZATION (DATA NEEDS AND EVALUATION) 1. Environmental Media: The Final Summary Report, Final Endangerment Report and previous investigations conducted air, hydrologic and geologic evaluations. Sampling efforts were concentrated on groundwater, surface water, sediments of Mud Gully, soil sampling on site and off, and air. 2. Land Use and Demographics: The nearest municipal veil is over one mile from Che site and is approximately 1,200 feet deep. Complete data does not appear to be available for a listing of domestic potable wells and the depths in which they are completed within one mile of the site. These wells, if any exist other than those listed in the Reference 2 well inventory, may or may not be effected. The Brlo/DOF sites are fenced to preclude trespassing. This health assessment is based on the sites being remediated or remaining undeveloped with proper maintenance of controlled access. If the sites are zoned for residential use in the future without proper remediation, this assessment would not be valid. 3. Quality Assurance/Quality Control (QA/QC): This health assessment was based on compiled data from the FINAL SUMMARY REPORT, BRIO REFINING, INC. AND DIXIE OIL PROCESSORS SITE, FRIENDSWOOD, TEXAS, June 1967, and the FINAL REPORT. ENDANGERMENT ASSESSMENT, BRIO Page 7 RSV 0018743 REFINING INC. AND DIXIE OIL PROCESSORS SITE. FRIENDSWOOD, TEXAS, June 1987. The sample* were analyzed by contract laboratories and the results were submitted for QA/QC analyses to EPA Region VI. B. ENVIRONMENTAL PATHWAYS: The site groundwater system is composed of two shallow confined groundwater flow zones overlying the Chicot aquifer system, a regional drinking water aquifer. The upper shallow groundwater has been labeled the Numerous Sand Channel Zone (NSCZ). The NSCZ begins at 14 to 32 feet below the surface and is semi-confined by an overlying clay layer that varies from 5 to 32 feet thick. Potentiometric surface maps indicate chat the water flow in the NSCZ is towards Mud Gully. A Middle Clay unit from 8 to 20 feet in thickness separates the NSCZ from the lower groundwater zone, the Fifty-Foot Sand Zone. The Fifty-Foot Sand Zone ranges from 35 to 45 feet in thickness. Underlying the Fifty-Foot Sand is a clay unit approximately 100 feet thick that separates the shallower water bearing units from the major water producing lower aquifers (Chicot, Evangeline, and Jasper). 1. Groundwater discharge to Mud Gully: The NSCZ is heavily contaminated by numerous site chemicals. Groundwater flow in the NSCZ is towards Mud Gully at a rate of 3 to 70 feet per year. Since the water flow in the NSCZ is towards Mud Gully, contaminants in this zone may migrate horizontally to Mud Cully and be transported to off-site locations. A model that utilizes dilution factors and water quality criteria (AUQC [aquatic] and Texas Water Quality Criteria) predicted concentrations of the indicator contaminant levels as a fraction of the acute and chronic criteria values in Mud Gully and therefore do not represent a hazard to aquatic life. No field data have been collected to validate this conclusion. Also, these predicted concentrations are well exceeded in almost every case if compared against AUQC [Human] (see Appendix, Table 4). Mud Gully is also used as a drainage channel for a wastewater treatment plant. 2. Groundwater pertaining to well drinking water supplies: The groundwater existing in the NSCZ under the site is contaminated (see Appendix, Tables 1 and 2). The NSCZ does not appear to be a major existing or potential drinking water source because of the poor yield of the aquifer. The Fifty-Foot Sand zone has a small amount of contamination (see Appendix, Tables 1 and 2) from 1,1,2-trichloxoethane (20 ug/1), 1,2-dlchloroethane (55 ug/1), and methylene chloride (70 ug/1). Reference 1 concluded that there are no known uses of groundwater from the Fifty-Foot Sand zone. However, one well (5J) was reported in the Reference 2 well inventory and Is screened at depth of 87-97 feet. No sampling was performed on this well which is approximately one-half mile northwest of the site. Two other potable wells were also mentioned in the Page 6 RSV 0018744 well Inventory as near the site (511 and A). The screened depths were listed as 260-282 feet and greater than 250 feet. So sampling has been performed on well 511. Veil A (located at the athletic ball field 1.000 feet vest of the DOP site) was tested and found not to be contaminated. These wells were reported as being located hydraulically upgradient of the site. So surface drinking water intakes exist in the surrounding area. Drinking water sources are mostly groundwater supplied by the Municipal Utility District and the City of Houston from wells greater than 500-600 feet deep. A clay aquitard approximately 100 to 120 feet thick exists between the Fifty-Foot Sand zone and the lover aquifers. It appears unlikely that contaminants could migrate vertically through the clay aquitard and reach the deep aquifers, except through an earth fault or a physical penetration of the clay layer (wells). It is possible for contaminated water in the NSCZ to migrate vertically along ungrouted well casing or corroded well casing of in-use or abandoned oil and water wells, either on-site or dovngradlent off-site. These wells did not appear to be evaluated. Other major wells that were evaluated and not found to be contaminated are: Southbend, Veber Elementary, Pearland, Vest University, Seabrook House, and the Athletic Field Baseball well vest of the DOP Site. Faults: An on-site fault runs east-west of the DOP site. If the fault intersects ground water or other subsurface materials, the clay aquitards could be affected. There may be a potential for cross-contamination of the aquifers. If upward hydraulic gradients on the site persists, there appears to be little potential for vertical contaminant migration to deeper aquifers. However, as will be discussed below, this may not be true. Also, there was not available a hydraulic gradient evaluation of DOP north. Pipeline routes: A pipeline is located on the northeast side of the Brio north site. The pipeline was investigated to determine if there was a potential for a horizontal off-site pathway. Sample analyses of backfill indicate minimal concentrations of four contaminants in the groundwater. Based on this data, and the clay backfill material, the pipeline did not appear to be a significant pathway for contaminant migration. 3. Vertical migration or flow from the NSCZ to the Fifty-Foot Sand: The potential exists for contaminants to move from the NSCZ to the Fifty-Foot Send shallow aquifers. General information Indicates that an upward hydraulic gradient between the tvo zones exists over most of the Brio north and Brio/DOF south sites. There Is a downward gradient at the northern comer of the sites. Based on the model presented in the reference (2), and the upward hydraulic gradient on the most of the sice, the conclusion was reached by the Final Summary Report that this was not a likely exposure pathway. However, the hydraulic gradient was calculated from potentiometrlc data gathered during the months of August, October, and March. The data set may not be adequate to describe the long-term potential for vertical migration of contaminants. Hydraulic gradients can reverse with seasonal recharge events and droughts. Monthly water level Page 9 RSV 0018745 measurements over a one to two year period would provide a better data set to determine variations in vertical flow and contaminant migration. In addition, on the other side of Hud Gully, DO? north did not appear to have been evaluated for its hydraulic gradient profile. Also, some non-aqueous phase liquids (NAPL) were found in the KSCZ (see Appendix, Table 3). These NAPLs are denser chan water and do not appear to have been adequately addressed. NAPL density may counteract the upward hydraulic gradient and migrate to the Fifty-Foot Sands or downward through a fault. 4. Sediment runoff to Hud Gully: Hud Gully passes through the site. About 2,000 feet downstream. Hud Gully flows into Clear Creek. Clear Creek discharges into Clear Lake about 12 miles downstream. Galveston Bay receives Clear Lake five miles further downstream. Elevated concentrations of PAHs were found in Hud Gully sediments (271 mg/kg) collected at a location between Brio north and OOP north. Chrysene, a suspected carcinogen, was detected in sediment at a concentration of 149 mg/kg. Further downstream, PAH concentrations in Hud Gully sediment samples were relatively low (21 mg/kg). 5. Air and volatile emissions: Winds in the site vicinity are predominantly southeasterly over populated areas. If buried contaminants are unearthed during construction or remedial activities, there is a potential for inhalation exposura. 6. On and Off-site Soils: Off-site soils: The Brlo/DOP sites are bordered by a residential area. Samples from the residential area were taken and analyzed for the 0-1 foot depth and the 9-10 feet depth. These were found to be essentially free of contamination for the indicator chemicals except for very low levels of methylene chloride at the upper sampling depth and low levels of PNAs at the lover sampling depth. In 1988, additional soil samples from residential lots were collected at depths of 0*5 feet. The only contamination identified in these samples was a low concentration of phenanthrene detected in one sample. Chi-site soils: Surface soil samples were taken on-site and evaluated for non-carclnogenic PNAs. Shallow trench data was not available for an evaluation of organics, metals, and other semi-volatile compounds. 7. Biota: The Endangerment Assessment reported chat the development of a diverse aquatic life community in Hud Gully ves hindered by the low dissolved oxygen content of the water, temperature fluctuations, and the lack of suitable habitats. Host of the fish collected were mosquito fish, although two species of minnows and two species of sunfish were also found. Outside of the residential and site areas, the land is used predominantly for grazing and oil production. South of Dixie Farm Road, Hud Gully Is Page 10 RSV 0018746 bounded on tho vest by pasture land. During tha slta visit, cattle tracks vers noted in the mud along the creek. Therefore, cattle may be using Mud Gully aa a water source. Data was not available for an evaluation of crops, game animals, and consumable local plants. C. HUMAN EXPOSURE PATHWAYS Although the sites are currently fenced to exclude trespassers, future on-site workers and remedial workers could be exposed to chemical contaminants in pits, surface soils, and surface waters. Inadvertent ingestion of soil-bome contaminants could occur during eating, smoking, nail biting, etc. In addition, some chemicals (VOCs, PAHs) may be absorbed through the skin during contact with contaminated soils and sludges. Human exposure pathways that are consistent with the environmental pathways discussed above ar*e: 1. Ingestion of water: The contaminated NSCZ groundwater is unsuitable for human consumption without treatment. From reference 2, off-site contamination by the site NSCZ groundwater appears to be limited to the northern boundary of Brio-north and extends about 200 feet Into the Southbend Subdivision. The subdivision is on a municipal well that is 1,200 feet deep and has no known contamination. Reports (Refs. 1 and 2) indicate that NSCZ groundwater is not a major existing or potential drinking water source because of the poor yield of the aquifer. Public or private utilities provide drinking water within a one-mile radius of the site. However, complete data does not appear to be available for domestic wells (other than those listed in Reference 2 well inventory) near the site. There does not appear to be any major potable use of. the shallow contaminated aquifer. There may be a potential for contamination of the Fifty-Foot Sand zone from the NSCZ zone due to earth faults, abandoned defective wells or well casings. Currently, gross contamination of the Fifty-Foot Sand does not appear to have occurred. From our evaluation of the available data, it will be assumed in this Health Assessment that there is no current major human consumption of contaminated ground water (not withstanding the two wells 511 and 5J which have not been sampled). It will also be assumed that the affected portions of the upper aquifers are not being used for agricultural irrigation or for livestock watering. It was reported that Mud Gully is not used as a drinking water source. Therefore, significant human ingestion of water from Hud Gully is not likely. Page 11 RSV 0018747 2. Air and volatile emission*: The former storage pits at the sites, which are potential sources of air-borne contaminants, contained VOCs. Both on-site workers, as well as off-sice, down-wind residents, could be exposed to VOCs through the inhalation route. The Initial air sampling for VOCs was conducted by the Texas Air Control Board (TACB) during January-Karch 1985 at the Brio and DOP sites. Vinyl chloride was not detected in excess of the detection limit of approximately 2 ppb; nor was tetrachloroethylene detected at concentrations in excess of 1 ppb. The 10-day average air concentration for benzene was 7 ppb, and the highest hourly average value was 65 ppb. For toluene, the 10-day average air concentration was 16 ppb, and the highest hourly average value was 95 ppb. Additional air sampling during warm ambient temperatures was conducted by Southwest Research Institute on July 10 and 11, 1985, and by the TACB on August 2, 1988. These studies also detected only low concentrations of air contaminants that were comparable to or less than the initial sampling results described above. 3. Soil ingestion and dermal exposure: Off-site surface soils: A residential neighborhood, the Southbend Subdivision, Is located northwest of the Brio-north z res. Along the northern edge off the site were numerous waste pits (F,I,J,K,L). To test for possible lateral migration of contamination, soil samples were collected in the Southbend Subdivision at distances of 60-125 feet from the pits. Soil samples collected at a depth of 0-1 foot did not contain any site-related chemical contamination except for methylene chloride. However, the absence of any other VOCs from the site suggests that the presence of methylene chloride may have been the result of laboratory contamination. Samples collected at depths of 9-10 feet were free of significant contamination except for a low concentration of PAHs (3.255 mg/kg) detected In one sample. In June 1968, an additional 11 soil samples were collected at depths of 0-5 feet from the Southbend residential area. An analysis of these samples did not detect the presence of any significant contamination. Therefore, contact with surface and subsurface soils from the Southbend Subdivision along the northern border of the Brio property line would not pose any known health risk. On-site surface soils: Human exposure to soil contaminants by Ingestion and dermal absorption is possible for on-site remedial and construction workers or trespassers. A wooden fence plus a chain-link fence topped with three strands of barbed wire separate the Brio site from the Southgate Subdivision. Therefore, it is not likely that neighborhood residents would come into contact with waste materials at the Brio site. Page 12 RSV 0018748 Hud Cully sediments: Hud Cully nay receive groundwater discharge froa the NSCZ In addition to receiving surface vater and suspended sediment runoff froa Che Brio and DOP sites. Several carcinogenic and non-carcinogenic PAH* vere detected in Hud Gully sediments adjacent to the Brlo/DOP sites. The total maximum concentration of carcinogenic PAHs ranged from 2*47 mg/kg. Several VOCs, including 1,1,2-trichloroethane, 1,2-dichloroethane, and vinyl chloride, vere found in Hud Gully surface water samples that were collected adjacent to Pit B. Sediment samples collected from Hud Gully downstream of the Brio and DOP sites contained PAHs (fluorene - 7.50 mg/kg, phenanchrene - 1.18 mg/kg, fluoranthene 7.27 mg/kg, and benzo<grh,l)perylene - 4.68 mg/kg), as veil as copper (125 ag/kg) and chromium (25.5 mg/kg). No data on concentrations of contaminants in Hud Gulley stream vater from south of Dixie Farm Road vere available. 4. Ingestion of Biota: The volume and quality of vater in Hud Gully are Inadequate to support game fishing. However, Mud Gully may be used as a water source by cattle. Humans may therefore be indirectly exposed to contaminants from the site that have bioaccumulated in cattle. PUBLIC HEALTH IMPLICATIONS 1. The former storage pits on the Brio site contain numerous chemicals and organic solvents. Among the chemicals that occurred most frequently and at the highest concentrations were chlorinated VOCs such as 1,2-dichloroethane, 1,1,2trichloroethane, trans-1,2-dichloroethylene, and vinyl chloride. In general, these chemicals are toxic to the liver as the result of their metabolic conversion to highly-reactlve chemical intermediates. Chronic exposure to high doses of these chemicals can lead to varying degrees of degeneration and fatty infiltration of the liver. Laboratory experiments have also indicated that these compounds may be capable of inducing liver tumors in certain strains of laboratory animals. In addition, epidemiological evidence has demonstrated that vinyl chloride can Induce tumors of the liver (hemanglosarcoma) and other organs in exposed workers. Contact with contaminated sludges, sediments, and soil could result in VOC exposures from direct ingestion or by dermal absorption. The Brio sites are not currently engaged in any chemical production operations, and the only current use of the DOP sites are as storage facilities. However, if Industrial operations vere to resume at the sites, or if remedial activities vere to be conducted, there vould be a potential for worker contact with contaminated materials. Page 13 RSV 0018749 1C is not possible to offer quantitative estimates of health risks for on-site workers because of vide variability In VOC contamination levels end because of the lack of information on worker contact with contaminated areas. However, under worst-case exposure assumptions, significant health risks could occur for unprotected on-site workers or for remedial workers. It Is recommended that potential worker exposure to contamination be minimized by prohibiting eating and smoking in contaminated areas. It is also recommended chat workers in contaminated areas wear protective clothing, wash their skin after contact with waste materials, and follow all applicable Occupational Safety and Health Administration (OSHA) regulations for personal protection and sanitation. Non-carclnogenic PAHs and lower concentrations of carcinogenic PAHs were identified in the storage pit areas. Skin exposure to PAHs, such as anthracene, acridine, or phenanthrene. followed by exposure to sunlight, can produce phototoxic effects such as erythema, urticaria, and burning and itching of skin. These.dermal reactions will usually disappear when contact with the irritant or sensitizer Is eliminated. Exposure to PAHs Is also of concern because of the carcinogenicity of some PAHs and PAH mixtures. In laboratory experiments, PAHs are potent inducers of skin cancer when applied dermally to mice and rats. In addition. PAHs are carcinogenic in animals when Ingested, Injected, or instilled intratracheally. Studies of human exposure to PAHs have been conducted among coke plant workers and coal gas production workers. Epidemiological studies of these workers have revealed an association between occupational exposure to combustion products containing PAHs and cancer of the lung, pancreas, kidney, bladder, and skin. Interpretation of these studies Is confounded by simultaneous exposure to other combustion products, as well as by additional chemical carcinogenic exposure from cigarette smoking. PAHs can be absorbed through Intact human skin. In addition, human skin la capable of activating PAHs to chemically-reactive intermediates that may be Involved In chemical carcinogenesis. The quantity of PAHs absorbed would depend on the.area and anatomical location of exposed skin, the contact time, the dermal permeability of Individual PAHs, etc. Since these parameters are not known, it Is not possible to quantify the risks associated with dermally-absorbed PAHs. As discussed above for VOCs, it is recommended that worker skin contact with contaminated wastes be prevented in order to minimize dermal exposure to PAHs and potential photosensitive reactions and carcinogenic risks. Copper is an essential element in man, and it has been estimated that 2.5-5 mg of copper are Ingested dally from dietary sources. Acute exposures to high doses of copper can cause gastroenteritis in man. Chronic copper exposure in animals (especially when combined with zinc and iron deficiency) can cause liver damage. Page 14 RSV 0018750 Copper la not appreciably absorbed through intaec skin, so derail contact with copper-containing soils and sediments would not present a significant health risk. However, small quantities of copper-containing soil could be Ingested by workers at the site. Although high concentrations of copper were detected at both the Brio and DOF sites, copper toxicity would not be expected to result from oral exposures. Under realistic conditions, only relatively small quantities of copper-containing soils would be ingested. In addition, homeostatic mechanisms in the human body regulate the gastrointestinal absorption of copper, and the liver has a large excretory capacity for excess copper. However, individuals with chronic liver disease, as well as rare individuals with Wilson's Disease (1 in 100,000), may be at an increased risk for copper toxicity. If remedial activities generate dust containing high concentrations of copper, workers should be protected against dust inhalation. Potential pulmonary manifestations of copper inhalation Include "vineyard sprayer's lung" and metal fume fever. Elevated concentrations of lead were also found in some pit residual samples. The ingestion of lead can cause neurotoxicity, particularly in Infants and young children. Chronic lead exposure can also have deleterious effects on hemoglobin synthesis, kidney function, and may contribute to hypertension. If the pit residues are exposed during remedial activities, precautions should be taken to prevent the ingestion of lead-contaminated materials. 2. Epidemiological studies have demonstrated that exposure to benzene can cause bone marrow toxicity. Occupational exposure to benzene in the rubber coating, leather working, rotogravure printing, and other Industries has been correlated with an increased incidence of blood dyscrasias, aplastic anemia, and leukemia. High level exposures to benzene have also been associated with cytogenetic aberrations in bone marrow and peripheral blood cells. At the Brio site in 1985, the 10-day average air concentration of benzene was 7 ppb (0.007 ppm), and the highest hourly average value was 65 ppb (0.065 ppm). By comparison, air monitoring in Harris County for 6 months in 1981 revealed the 6 month average air benzene concentration to be between 5 and 11 ppb, and the highest hourly average concentration was 586 ppb. Therefore, air benzene concentrations at the Brio site were comparable to those of Harris County. The present QSHA standard for occupational exposure to benzene is 10 ppm es a time-weighted average. The alt benzene concentration at Brio In 1965 was more than 1,000-fold less than the OSKA standard and does not represent a significant public health threat as judged by this criterion. Toluene was detected in air samples at Brio in 1985 at concentrations as high as 95 ppb (hourly average). Ocher air contaminants that were detected et Brio and DO? Include meslcylene (17.3 ppb) and xylenes (10.8 ppb). The concentrations of these contaminants were several orders of Page 15 RSV 0018751 magnitude las* than National Institute of Occupational Safety and Health (NIOSH) and/or American Conference of Governmental Industrial Hygienists recommendations for occupational exposures and do not present a significant public health threat as judged by these criteria. The studies conducted by the Texas Air Control Board and the Southwest Research Institute did not detect significant concentrations of air contaminants during either winter or summer monitoring. Therefore, Inhalation of contaminants from the site would not be expected to pose a significant health risk. However, if burled contaminants are unearthed during construction or remedial activities, significant inhalation exposures could occur. 3. No surface or subsurface soil contamination was reported in the Southbend residential area north of the Brio property line. Furthermore, surface water flow at the northern edge of the Brio site parallels the property line before emptying into Mud Cully. No channeling of surface water runoff from Brio onto the residential areas was noted. Therefore, in the absence of any demonstrated, offsite soil contamination, there are no apparent health risks associated with contact vith off-site soils. 4. Between the Brio north and DO? north property lines, contamination of sediment and/or surface water from Mud Gully with PAHs and VOCs was detected. Human contact with sediment and water in this portion of the stream could result in exposure to contaminants by ingestion, inhalation, or dermal absorbtlon. However, there appears to be little likelihood for frequent human contact with this portion of Mud Gully because access is restricted by fences and by heavy underbrush on both sides of the stream. Downstream from Dixie Farm Road, access to Mud Gully is more open. cattle pasture land abuts on the western edge of the stream, it is possible for cattle to drink from this portion of the stream. Since No data were available on contaminant levels in water samples from Mud Gully south of Dixie Farm Road. However, PAHs, at a total maximum concentration of 21>mg/kg, were detected during limited sampling of Mud Gully sediment from south of Dixie Farm Road. PAHs are relatively insoluble in water end do not significantly concentrate in fish because they are metabolized to water soluble compounds and excreted. No bloaccumulatlon data for PAHs in cattle are available. However, It has been demonstrated in a vide variety of mammals that PAHs are readily metabolized and excreted. Therefore, it would not be expected that significant quantities of PAHs would accumulate in cattle drinking from Mud Gully. In ruminants, dietary levels of trace elements, such as zinc, effect the absorption and toxicity of copper. There may be some accumulation of copper In the body, and the highest tissue concentration is found in liver. From the available Information, It is not possibla to conclusively determine whether toxlcologically significant quantities of copper would Page 16 RSV 0018752 accumulate In cattle chat drank from Hud Gully and grazed in the adjacent area. There say be occasional human contact with off-site sediment in Hud Gully. Contact with copper in the sediments does not present a significant health concern because of the low likelihood for ingestion and because of che low toxicity of copper in humans. Although PAHs were also detected in stream sediment, occasional human contact vith the sediments would not be expected to result in a significant health risk. CONCLUSIONS AND RECOMHENDATIONS CONCLUSIONS: This site is of potential health concern because of the risk to human health resulting from possible exposure to hazardous substances at concentrations that may result in adverse health effects. As noted in Section C above, human exposure to VOCs, PAHs, and metals may occur/be occurring/have occurred via ingestion, dermal absorption, and inhalation. Public and private utilities provide drinking water to 99.9 percent of the homes within a one-mile radius of the firlo/DOP sites. The available information indicates that the shallow contaminated aquifers near the site are not normally used for potable purposes because of their low yield and the availability of municipal water in the area. Ingestion of contaminated groundwater does not appear to be occurring as a result of contaminant migration from this site. The available data on off-site contamination of air and surface soil from the Southbend Subdivision did not Indicate that a human health risk would be expected to result from human contact with these environmental media. The contamination detected in sediment samples from Hud Gully south of Dixie Farm Road would not be expected to pose a human health risk. No data on surface water contamination from this portion of the stream were available for assessment. High concentrations of chemical wastes remain at the site. Dermal contact and inadvertent Ingestion of these wastes may pose a potential health risk to future on-site workers. It is recommended that on-site workers be protected by complying with all applicable OSHA regulations and NIOSH recommendations. If future remedial activities include excavating or disturbing the burled wastes, preventive measures should be taken to preclude the escape and migration of fugitive dusts and volatile chemicals to off-site human receptors. RECOHHENDATIONS: 1. The upper groundwater on-site is contaminated and is not fit for potable use. The continued off-site migration of contaminated groundwater Page 17 RSV 0018753 could Impact currant potable vails, if any, and future pocabla veils in tha surrounding area. It Is therefore recommended chat any residences with vails that are found to be susceptible to contamination should either be provided an alternate water supply or else regularly monitored for contamination. Deed notices should be implemented to prevent future potable veil drilling in potentially impacted areas. Ue are unable to determine if the water veil inventory (Table B-4, Ref. 2) includes all shallow veils within a one-mile radius of the Brio/DOP sites. If the Inventory is not complete, the locations of all shallow veils, especially rural and residential veils, located within one-half mile of the sites need to be identified for evaluation and sampling. If future investigations reveal the presence of private, shallow, potable wells in the area, the veils should be tested to determine if exposure to contamination is occurring. Based upon the resulting analysis, the owners should be informed of the potential risks and an alternative water source provided if warranted. Three private potable veils <5J, 511, and A) within one-half mile of che sites had recorded screen depths of 87-97 feet, 260-282 feet, and greater than 250 feet. These veils, although reported to be hydraulically upgradient of the site, should be sampled and analyzed for contamination for reasons discussed below In 2, 4, and 7. 2. General information Indicated that an upward hydraulic gradient existed over much of che sice. However, DOP-North on the ocher side of Mud Gully did not appear to have been evaluated. Ve recommend that che hydraulic gradient between the NSCZ and Flfty-Foct Sand for DOP north be evaluated for vertical migration contamination impact. Because the current water level data set is inadequate to rule out downward migration of contamination, monthly water level measurements should be collected for a minimum of one year to better determine vertical flow direction. A better data sec may help determine if the hydraulic gradient is reversed during seasonal or cyclic events such as recharge events and droughts. 3. Ve recommend that an evaluation be made of NAPLs. The NAFLs may have a significant impact on the vertical migration of contaminants from the NSCZ to the Fifty-Foot Sand zones. This impact has not been adequately addressed. 4. No information was available for possible inorganic chemical contamination of surface and subsurfaca soil from the residential lota bordering the Brio north site or for possible surface water contamination of water from Mud Gully south of Dixie Farm Road. This information would be necessary in order to fully assess these potential exposure pathways. 5. Va recommend resampling and analyses of soil from tha bare area In tha northwest corner of the Brio north site that adjoins the Southbend Subdivision property line. Although tha pits along tha property boundary have been closed since 1978, revegecation of this area has not occurred. Page 18 RSV 0018754 We recommend an evaluation of the veils on and off site subject to NSCZ groundwater contamination. Vella that are incompetent with respect to well caalng and grouting should be remediated and veils that are abandoned should be properly plugged to prevent contamination of the lover aquifers. 7. Worker contact vith the contaminated on-site soils should be minimized. If remedial activities Involve the excavation of contaminated soils, vorkers should be provided vith protective clothing and respirators in accordance with applicable OSHA regulations and OSHA and N10SH guidelines and advisories. Optimal dust control procedures should be implemented to prevent the off-site migration of fugitive dusts. Potential remedial vorker exposure should be minimized by prohibiting eating and smoking in contaminated areas and vashing after contact with contaminated materials. In accordance vith CERC1A as amended, the firio/DOP NPL Sites have been evaluated for appropriate follow-up vith respect to health effects studies. Although there are indications that human exposure to on-site/off-site contaminants may be currently occurring/may have occurred in the past, this site is not being considered for follow-up health studies at this time becausa REASONS TO BE ADDED LATER ENVIRONMENTAL REVIEWER: HEALTH EFFECTS REVIEWER: TYPIST: PREPARERS OF REPORT Donald Y. Joe, P.E. Environmental Health Engineer Environmental Engineering Branch Kenneth G. Orloff, Fh.D. Senior Toxicologist Health Sciences Branch Charlotte V, Gavin Clerk Typist Environmental engineering Branch REGIONAL REPRESENTATIVE REGIONAL REPRESENTATIVE: Carl R. Hickam Public Health Advisor Field Operations Brsnch Region VI Page 19 RSV 0018755 REFERENCES 1. IT Corporation, FINAL REPORT - SUMMARY REPORT, BRIO REFINING INC. AND DIXIE OIL PROCESSORS SITE, FRIENDSWOOD, TEXAS, IT Project No. 421167. (Jun* 1997). 2. IT Corporation, FINAL REPORT ENDANCERMENT ASSESSMENT, BRIO REFINING INC. AND DIXIE OIL PROCESSORS SITE, FRIENDSWOOD, TEXAS, IT Project No. 421167, (Juno 1987). 3. Sittlg, M., HANDBOOK OF TOXIC AND HAZARDOUS CHEMICALS AND CARCINOGENS, 2nd edition. Park Ridge, NJ, Noyes publications, (1985). APPENDICES 1. Figure 1, Brio Refining Inc. and Dixie Oil Processors Sites 2. Table 1, NSCZ and Fifty-Foot Sand Croundvater-Brio Site 3. Table 2, NSCZ and Fifty-Foot Sand Croundvater-DOP Site 4. Table 3, Non-Aqueous Phase Liquid (NAPL) Fraction, Groundvater-Maximua Values in Monitoring Wells 5. Table 4, Predicted Mud Gully Concentrations VS. Ambient Water Quality Criteria For Humans (AWQC) Page 20 RSV 0018756 TABLE 1 NSC2 and FIFTY-FOOT SAND GROUNDWATER BRIO SITE Contaminant NSCZ __ fffig/11 Mln/Max Cone 50 Foot Sand Mln/Max Cone 1,1,2-trichloroethane 1,2-dichloroethane Vinyl chloride Methylene chloride Ethyl Benzene Bis(2-chloroethyl)ether ND 1.810 ND 3,580 ND 650 ND 20.9 ND 1.0 ND 37.6 ND 0.02 ND 0.055 ND ND ND 0.07 ND ND ND ND ND - Not Detected mg/l-milligraaa per liter TABLE 2 NSCZ AND FIFTY-FOOT SAND GROUNDWATER DOP SITE Contaminant NSCZ___ (ffig/H Min/Max Cone 50 Foot Sand fitie/11 Min/Max Cone Volatile Organics Benzene Chlorobenzene Chloroform 1,1-dichlcroethane 1,1-dichloroethylene 1,2-dichloroethane Ethylbenzene Tetrachloroethylene Toluene 1,2-trans-dichloroethylene 1,1,2-trichloroethane Trichloroethylene Vinyl chloride Ethylene chloride ND ND ND ND ND ND ND ND ND ND ND ND ND ND <0.01 0.01 0.01 0.10 3.49 7.590 0.20 0.02 0.05 0.56 9.39 0.12 0.82 0.037 Base/Neutral Compounds Bis(2-chloroethyl)ether 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene Napthalene ND 0.16 ND 0.01 ND 0.04 ND 0.01 ND <0.01 Page 21 No organic compounds were detected in the DOP 50 Foot Sand. RSV 0018757 TABLE 3 NON-AQUEOUS PHASE LIQUID (NAPL) FRACTION GROUNDWATER-MAXIMUM VALUES IN MONITORING WELLS All values in ng/1 Contaminants Max. Values 1,1,2-trichloroethane 1,2 * dichloroathane Vinyl chloride Methylene chloride Ethyl bn2en Benzene Carbon tetrachloride Chlorobenzene Chloroform 1,1-dichloroethane 1,1-dichloroethylene 1,1,2,2tetrachloroethane Tecrachloroethylene Toluene 1,2-trans-dichloroethylene 1,1,1-trlchloroethane Trichloroethylene Hexachloroe thane Fluoranthene Fluorene Bls(2-chloroethyl)ether Anthracene B1s(2 -e thylhexyl)phthalate Dichlorobenzenes 48,700 39,000 8,400 44 4,750 257 171 3,650 3,580 3,380 6,820 777 1,580 437 7,740 166 2,760 27 148 428 383,170 308 293 182/742/235 Page 22 RSV 0018758 TABLE 4 PREDICTED KUD CULLY CONCENTRATIONS VS. AMBIENT WATER QUALITY CRITERIA FOR HUMANS (AUQC) Contaminants Predicted Concentration (ug/1) of Mud Cullv Water AttCI Flgv Dilution Factors AWQC (Humana ug/1 Sources BMW-6A BMW-7A BKW-13A BMW-18A 1,2-dichloroethane 95/189 Methylene chloride 33/66 1,1,2-trichloroethane 53/106 Vinyl chloride 52/103 ls(2-chloroethyl)ether - - 716/1074 4/6 36/543 216/324 -- 413/731 0.1/0.2 176/311 404/715 3/3 399/699 6/9 520/910 27/47 30/53 0.94 0.19 0.6 2.0 N/A BMW-( )- Brio monitoring well number N/A-Not Available ug/l-mlcrograms per liter Page 23 RSV 0018759 X RSV 0018760 MASTER SECURITY CONTRACT 1. This Contract is made as of January 20, 1987, by and between Brio Task Force (BTF), c/o Baker & Botts, 901 Louisiana, Houston, Texas 77002-4995 and Industrial Security Services Corporation ("Contractor") for a certain category of work (referred to herein as "Work") to be performed at Brio (Friendswood) ("jobsite"). 2. Said Work shall consist of furnishing all operations, labor, equipment, materials and supplies and doing all things necessary for the proper performance of such Work of the category described in Exhibit "A" or as BTF may specify by Work Order on or before 1/20/87 and thereafter until this Contract is terminated. Work will be further specified in written procedures to be generated by Con tractor and BTF. Work must be done in Compliance with the BTF site Health and Safety Plan included in Exhibit "A". 3. The term "Work Order" shall mean the work order Issued by BTF to Contractor designating the work (of the category described in Exhibit "A") to be performed at the jobsite under the terms, conditions, and provisions of this Contract. A separate Work Order shall be Issued for each item of Work. If a BTF purchase order form is used for the issuance of a Work Order, all terms and conditions on the reverse side of said purchase order form shall be void and of no effect; the terms, conditions, and provisions of this Contract only being applicable. 4. Unless otherwise stipulated in the Work Order, the Work shall be commenced at the jobsite inmediately after receipt of the Work Order authorizing such Work. 5. For the proper performance of the Work, BTF shall pay Con tractor in accordance with Exhibit "B", unless a lump-sum amount is agreed upon and set forth in the Work Order. No payments made prior to acceptance of the Work shall be con strued to be an acceptance of the Work in whole or in part. 6. The term "Representative" means the employee of BTF authorized to represent it with respect to the Work. Con tractor and the Representative are referred to throughout this Contract as if each were of the singular number and masculine gender; BTF is referred to as If It were singular and neuter. RSV 0018761 7. Any specifications and/or drawings which are attached to a Work Order Issued pursuant to this Contract or referred to therein are a part of this Contract, and the Work shall con form thereto. If ambiguities or conflicts appear in or between specifications and drawings, or if detailed information has been omitted, Contractor shall request Interpretation, clarification and/or additional instructions before proceeding with the Work. Any drawings prepared by Contractor in connection with the Work shall become a part of this Contract when approved by 6TF; however, such approval by 8TF of Contractor's drawings shall be construed to apply only to general arrangement and shall not relieve Contractor from entire responsibility for errors of any sort, for correctness of design, details or dimensions, nor for deviation therein from drawings furnished by 8TF. In the event of conflicts or discrep ancies between Contractor's drawings and BTF's drawings, the latter shall take precedence and. control, and unless and to the extent that BTF shall otherwise specifically direct in writing. 8. All drawings and specifications, including all copies thereof, furnished to Contractor or obtained or prepared by Contractor for the Work, shall be delivered to BTF when no longer required for performance of the Work or when requested by BTF, but in any event upon completion or termination of the Work; except that one copy of each may be retained by Contractor with the permission of BTF. All such drawings and specifications shall be the property of BTF at all times and shall not be used for any other work by Con tractor, nor shall Contractor permit such use by others. Contractor shall execute receipts, in a form acceptable to and at any time re quested by BTF, for all such drawings and specifications in his possession. 9. Contractor agrees to comply with all statutes, laws, ordinances, codes, rules, and regulations applicable to the Work, including BTF's policies, practices, and rules for the jobsite. Contractor shall pay all sales, use, consumer, service or other similar tax required by law. The Contract shall be construed and interpreted in accordance with the laws and judicial decisions of the place of the jobsite. 10. Contractor agrees to utilize his best skill and judgment in performing the Work and to cooperate with BTF in every way. Contractor agrees to provide competent supervision and direction and to maintain at the jobsite the necessary material, equipment and skilled workmen to properly prosecute the Work to completion. 11. Contractor agrees that he and his employees shall treat as BTF's confidential property and shall not use or disclose to others during or subsequent to the term of this Contract (except as Is necessary to perform the Work described in any Work Order and then only with the prior approval of BTF and on a confidential basis satisfactory to BTF) any information (including any technical information, experience or data) regarding BTF's plans, programs, plants, processes, systems, RSV 0018762 c products, costs, equipment, operations, or customers (In cluding any similar information BTF has received or may re ceive from third parties) which may come within the knowledge of, or which may be developed by. Contractor or his employees in the performance of or in connection with the Work without in each instance securing the prior written consent of BTF. Nothing herein, however, shall prevent Contractor from dis closing to others or using in any manner any information which Contractor can show: (a) has been published and has become part of the public domain other than by acts or omissions of Contractor or his employees; (b) has been furnished or made known to Contractor by third parties (other than In connection with the Work) as a`~matter of right and without re striction on disclosure or use; or (c) was in Contractor's possession on the date of this Contract and was not acquired by Contractor or his employees directly or indirectly from BTF or its employees. For the purpose of this article, no information obtained by Contractor or his employees from BTF shall be deemed to be in the public domain or in the prior possession of Con tractor or his employees merely because It is embraced by more general information in the public domain or by more general Information in the prior possession of Contractor or his employees. Contractor shall restrict the knowledge of all information regarding the Work to as few as possible of his employees who are directly connected with performance of the Work and have definite need for such knowledge. Upon request by BTF, Contractor shall cause such persons involved in the Work on Contractor's behalf as BTF may designate to sign individual secrecy agreements in a form satisfactory BTF. 12. Contractor shall provide safe and proper facilities for both access to and inspection of the Work by BTF. If portions of the Work are performed off BTF premises. Contractor shall make whatever arrangements are necessary to enable BTF to inspect such portions of the Work when requested by the Representative. If the specifications, the Representative's instructions, laws, ordinances, or any public authorities require the Work or any portion thereof to be specially tested or approved, Contractor shall give the Representative timely notice of its readiness for Inspection and, if the Inspection is by an authority other than the Representative, of the date fixed for such inspection, and Contractor shall secure all required certificates of inspection. RSV 0018763 3 13. BIT may make changes in the specifications or drawings. Issue additional instructions or require additions to or deductions from the Work (all of which are hereinafter referred to as a "change" or "changes"), and the amount payable to Contractor under the applicable Work Order shall be adjusted accordingly. The provisions of this Contract shall apply to all such changes to the same extent as if originally set forth herein, and Contractor shall proceed therewith when so ordered by the Representa tive. If any such change involves extra cost. Contractor shall so notify BTF within ten days after receipt of the order from the Representative covering the same, and no claim for payment or reimbursement shall be valid unless such notice is given. If any such change is an addition to the Work, and a lump-sum price is not agreed upon. Contractor shall be paid in accordance with attached Exhibit HB" unless unit costs, hourly rates or some other method of computing payments is set forth in the applicable Work Order. If any such change is a deduction from the Work which is being performed for a lump-sum amount pursuant to a particular Work Order, the value of such change shall be determined on the basis of a reasonable estimate of the cost of said deduction. Except for minor changes not involving extra cost, no changes shall be made except pursuant to a written order from the Representative, and no claim for pay ment or reimbursement shall be valid without such an order. 14. Contractor shall promptly, and before such conditions are disturbed, notify the Representative in writing of: (a) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract or the applicable Work Order, or (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the category provided for .in this Contract. The Representative shall promptly investigate the abovementioned physical conditions. If he finds that such con ditions do so materially differ, and that the same cause an increase or decrease in Contractor's cost of, or time required for, performance of the Work, an equitable adjust ment shall be made and the Contract modified in writing accordingly. No claim of Contractor for adjustment here under shall be allowed unless he has given notice as herein required. 15. BTF or Contractor may, by giving at least 10 days advance written notice to Contractor, terminate this Contract or a particular Work Order issued pursuant hereto at any time. If BTF terminates this Contract or a particular Work Order for reason other than Contractor's breach of any of the RSV 0018764 4 provisions hereof, BTF shall pay Contractor for all costs previously incurred in connection with Work authorized hereunder, plus a reasonable allowance for overhead and profit. Additionally, BTF shall assume and become liable for all contracts, obligations, and commitments that Con tractor has, in good faith, undertaken or incurred in con nection with the Work authorized by a particular Work Order prior to receiving any termination notice. Contractor shall, as a condition precedent to any such payment or assumption by BTF execute and deliver all such papers and take all such steps, including the legal assignment of his contractual rights, as BTF may require. Upon any termination as set forth herein BTF shall be entitled to defer payment to Contractor to the extent of all bona fide claims it may have against Contractor under or arising out of this Contract until such claims have been settled. 16. Contractor agrees that BTF may, by oral or written notice, suspend, delay or interrupt all or any part of the Work at any stage of its progress for the period hereinafter pro vided. Any oral notice given pursuant hereto shall be con firmed in writing within three days thereafter. If the Work is suspended, delayed, or interrupted by BTF for a period of ninety days, and unless Contractor agrees in writing to a longer period, Contractor may, at any time thereafter and upon not less than sixty days prior written notice to BTF, terminate this Contract or the applicable Work Order issued pursuant hereto and recover from BTF for that portion of the Work completed as if BTF had terminated this Contract pursuant to article 16 hereof. If Contractor is authorized to resume the Work that was suspended, delayed, or interrupted, the Contract shall be equitably adjusted in writing to provide for any necessary increase in the time required for, or the cost properly allocable to, the per formance of the Work; provided, however, that Contractor submits a claim for such adjustment within thirty days after such resumption of the Work. 17. Contractor shall not assign this Contract or sublet it as a whole, without the prior written consent of BTF. Any attempt to so assign or sublet shall be void. Assignment or subletting with such consent shall in no way relieve Contractor of any of his obligations under the Contract. 18. Except as hereinafter set forth. Contractor agrees to indemnify and save BTF and its employees harmless against any and all liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs, and expenses (in cluding cost of defense, settlement, and reasonable attorneys' fees) which any or all of them may hereafter suffer, incur, be responsible for or pay out (whether the same arise out of or are in connection with the Work, or from any operations under or in connection with the Contract) as a result of bodily injuries (including death) to any person or damage (including loss of use) to any property occurring to, or Rgy 0018765 5 caused in whole or in part by, Contractor (or any of his employees), any of his Subcontractors (or any employee thereof), or any person, firm or corporation (or any employee thereof) directly or indirectly employed or engaged by either Contractor or any of his Subcontractors. Upon the request of BTF, Con tractor shall promptly defend any such demand, claim, cause of action or suit. Except as hereinafter set forth, Contractor agrees to make full reimbursement for any damage, including loss of use, to existing property or property being installed which may arise out of or in connection with the Work or from operations under or in connection with the Contract, and is caused, in whole or in part, by Contractor (or any of his employees), any of his Subcontractors (or any employee thereof), or any person, firm, or corporation (or any employee thereof) directly or in directly employed or engaged by either Contractor or any of his Subcontractors. BTF agrees that Contractor shall not be liable to BTF under the Contract for: (a) loss of use resulting from damage to property of BTF under Contractor's care, custody, or control; (b) liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs, and expenses arising out of bodily injury (including death) to any person or damage (including loss of use) to any property caused by or resulting from the sole negligence of its employees, or its agents. 19. Contractor shall not begin the Work under this Contract until; (a) he has obtained all the insurance required herein, (b) he has furnished certificates of insurance satisfactory to BTF and (c) such insurance and the certificates have been approved by BTF, Every certificate of insurance providing the coverages herein shall contain the following clause: "No reduction, cancellation, or expiration of this policy shall become effective until ten days from the date written notice is actually received by" (followed by the name and address of the person designated in article 2$ hereof as the recipient of notices to BTF. RSV 0018766 6 20. Contractor shall take out and maintain for the life of this Contract (at his own expense unless otherwise specifically set forth) at least the following insurance: Coverage Limits (e) Workmen's Compensation (b) Employer's Liability Statutory S 500,000 each accident (c) General Liability Bodily Injury & Property Damage SI,000,000 each occurrence Combined Single Limit (d) Comprehensive Automobile Liability Bodily Injury Property Damage S 500,000 each occurrence $ 100,000 each occurrence The general liability insurance specified in subparagraph (c) above shall include coverage for all of Contractor's contractual liability under article 22 with limits not less than those set forth in subparagraphs (b) and (c) above. BTF agrees, however, that such general liability insurance need not cover: (1) damage, or loss of use resulting from such damage, to property of BTF under Contractor's care, custody, or control, or (2) liabilities, penalties, demands, claims, causes of action, suits, losses, damages, costs, and expenses arising out of bodily injury (including death) to any person or damage (including loss of use) to any property caused by or resulting from the sole negligence of BTF, its employees or its agents. 21. Contractor shall bind all his Subcontractors to the terms of this tontract which are applicable to the Work sublet. Nothing contained in the Contract is intended to nor shall the same create any contractual relation between any Sub contractor and BTF or any obligation on the part of BTF to pay or to see to the payment of any moneys due any Subcontractor. 22. The obligations of Contractor under articles 8, 9, 11, 13, 15, 17, 18, and 22 of this Contract shall survive termination of the Contract, or the suspension, completion and/or accept ance of the Work or any part thereof, or final payment to Con tractor, it being agreed between Contractor and BTF that said obligations shall be of a continuing nature and effect. RSV 0018767 7 23. All notices pertaining to this Contract shall be sufficiently given if delivered in person or sent by registered or certified mail addressed as follows: (a) If to BTF: Brio Task Force c/o Baker & Botts 901 Louisiana Houston, Texas 77002-4995 ATTENTION: Larry B. Feldcamp (b) If to Contractor: Industrial Security Services ________ Corporation_______________ _____________ _______ 3801 Kirby Orive, Suite 400 Houston, Texas 77098 ATTENTION: Mrs. Peairson Either party, by written notice to the other party, may change the person and/or address to which notice shall be given. Both parties agree to acknowledge in writing the receipt of any notice delivered in person. 24. This contract (including attached Exhibits "A", through "C") and the Work Orders issued pursuant hereto set forth the entire agreement between Contractor and BTF with respect to the subject matter hereof. All prior negotiations and dealings regarding the subject matter hereof are superseded by and merged in this Contract. All time limits stated in this Contract or any Work Order issued pursuant hereto are of the essence thereof. 25. Special Provisions (if any): A. BTF's supplementary General Conditions and/or Safety Rules for Contractors for each plant where work is being performed, are part of this Contract. B. We hereby agree to incorporate herewith the Equal Opportunity Clause as required by Executive Order 11246, as amended. C. NOTICES: Unless otherwise specified in this Agreement, any notice, price changes, requests, approvals, or other document required or permitted' to be given under this Agreement or with respect to any purchase and sale here under shall be in writing and shall be deemed to have RSV 0018768 8 been sufficiently given when delivered in person or deposited in the U.S. Mail, postage prepaid, and addressed to the party or parties according to Paragraph 27 herein, or, to such other address or addresses as may be specified from time to time in a written notice given by such party. NOTICES TO BE SUBMITTED TEN (10J DAYS IN ADVANCE OP THE PROPOSED EFFECTIVE DATE. The parties shall acknowledge in writing, the receipt of any such notice delivered in person. D. Invoices for work performed will be mailed to the appropriate Accounting Department as follows: Brio Task Force c/o Baker & Botts 901 Louisiana Houston, Texas 77002-4995 ATTN: Larry B. Feldcamp IN WITNESS WHEREOF, Contractor and BTF have executed this Contract effective as of the date set forth at its beginning. RSV 0018769 9 EXHIBIT "A" Page 1 of 1 SCOPE To provide security services as directed by customer for the Brio Site located at 2501/2502 Dixie Farm Road in Friendswood. Security personnel will be needed at the site beginning 1/20/87 for up to twenty-four (24) hours each day, seven (7) days each week, as directed weekly by Mr. Vic Osburn (Monsanto). See Attachment #1 to Exhibit "A", Health and Safety Plan for Brio Refining and Dixie Oil Processors Sites. RSV 0018770