96-27831. National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List

[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Proposed Rules]
[Pages 56194-56197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27831]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5642-4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent for partial deletion of the Geneva Industries 
Superfund Site from the National Priorities List; request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
its intent to delete the first seven components (Source Control Portion 
of the Site) of the eight remedial action components of the Record of 
Decision (ROD) for the Geneva Industries Superfund Site (Site) from the 
National Priorities List (NPL) and requests public comments on this 
proposed action. The NPL constitutes Appendix B of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, 
which EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). This 
partial deletion of the Site is proposed in accordance with 40 CFR 
300.425(e) and Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List (Nov. 1, 1995).
    EPA bases its proposal to delete the Source Control Portion of the 
Site on the determination by EPA and the State of Texas, through the 
Texas Natural Resource Conservation Commission (TNRCC), that all 
appropriate Hazardous Substance Superfund (Fund) financed response 
under CERCLA for the Source Control Portion of the Site has been 
implemented to protect public health and the environment and that no 
further response action by responsible parties is appropriate.
    This partial deletion pertains to the Source Control Portion of the 
Site only and does not include the eighth ROD remedial action component 
(Ground Water Portion of the Site), which will remain on the NPL with 
remedial activities continuing for the ground water system operation.

DATES: Comments concerning this proposed partial deletion may be 
submitted on or before December 2, 1996.

ADDRESSES: Comments may be mailed to Mr. Donn R. Walters, Community 
Relations Coordinator (6SF-P), U.S. EPA Region 6, Suite 1200, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, [phone] or [phone].
    Comprehensive information concerning the Site, as well as 
information specific to this proposed partial deletion, is available 
through the EPA Region 6 public docket at EPA's Region 6 office in 
Dallas, Texas. The Administrative Record for the Site and the Deletion 
Docket for this proposed partial deletion are maintained at the Site 
information repositories listed below. Public docket items and Site 
information repository items are available for public inspection and 
copying. The relevant locations are as follows:

U.S. EPA Region 6, Library (6MD-II), Suite 1200, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, [phone] or 665-6427, hours of 
operation: 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding 
holidays.
Texas Natural Resource Conservation Commission, Technical Park Center, 
Room 190, Building D, 12118 North IH 35, Austin, Texas 78753, (512) 
239-2920, hours of operation: 8:00 a.m. to 5:00 p.m. Monday through 
Friday, excluding holidays.
Central Houston Public Library, Texas and Local History Division, Julia 
Ideson Building, 500 McKinney, Houston, Texas 77002, [phone] 
(Main Library), [phone] (Texas and Local History Division), 
hours of operation: 9:00 a.m. to 6:00 p.m. Monday through Saturday, 
excluding holidays. (Note that Texas and Local History Division hours 
are different from Main Library hours.)

FOR FURTHER INFORMATION CONTACT: Mr. Ernest R. Franke, Project Manager 
(6SF-AT), U.S. EPA Region 6, Suite 1200, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, [phone].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

Appendix

A. Deletion Docket
B. Site Coordinate Boundaries

I. Introduction

    The Environmental Protection Agency (EPA) Region 6 announces its 
intent to delete the first seven components (Source Control Portion of 
the Site) of the eight remedial action components of the Record of 
Decision (ROD) for the

[[Page 56195]]

Geneva Industries Superfund Site (Site) from the National Priorities 
List (NPL) and requests public comments on this proposed action. The 
NPL constitutes Appendix B of the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9605. EPA 
identifies sites that appear to present a significant risk to public 
health or the environment and maintains the NPL as the list of those 
sites. Sites on the NPL may be the subject of remedial actions financed 
by the Hazardous Substance Superfund (Fund). This partial deletion of 
the Site is proposed in accordance with 40 CFR Sec. 300.425(e) and 
Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List (60 FR 55466 (Nov. 1, 1995)). As described in 
40 CFR 300.425(e)(3), releases deleted from the NPL remain eligible for 
further remedial actions if warranted by future conditions.
    EPA will accept comments concerning its intent for partial deletion 
on or before December 2, 1996.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures that EPA is 
using for this proposed partial deletion. Section IV discusses the 
Geneva Site and explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to Sec. 300.425(e), EPA will consider, in 
consultation with the appropriate state, whether any of the following 
criteria have been met:
    Section 300.425(e)(1)(i). Responsible parties or other persons have 
implemented all appropriate response actions required;
    Section 300.425(e)(1)(ii). All appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate; or
    Section 300.425(e)(1)(iii). The remedial investigation has shown 
that the release poses no significant threat to public health or the 
environment and, therefore, taking remedial measures is not 
appropriate.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions for the portion 
deleted if future site conditions warrant such actions. Section 
300.425(e)(3) of the NCP provides that Fund-financed actions may be 
taken at sites that have been deleted from the NPL. A partial deletion 
of a site from the NPL does not affect or impede EPA's ability to 
conduct CERCLA response activities for portions not deleted from the 
NPL. In addition, deletion of a portion of a site from the NPL does not 
affect the liability of responsible parties or impede agency efforts to 
recover costs associated with response efforts.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants or contaminants remain at the site above levels that allow 
for unlimited use and unrestricted exposure, EPA's policy is that a 
subsequent review of the site will be conducted at least every five 
years after the initiation of the remedial action at the site to ensure 
that the site remains protective of public health and the environment. 
If new information becomes available which indicates a need for further 
action, EPA may initiate remedial actions. Whenever there is a 
significant release from a site deleted from the NPL, the site may be 
restored to the NPL without the application of the hazard ranking 
system. Deletion of a portion of a site from the NPL does not of itself 
create, alter or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist EPA 
management.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Sec. 300.425(e) of the NCP has been met, EPA may formally begin 
deletion procedures. The following procedures were used for this 
proposed deletion of the Source Control Portion of the Site:
    (1) EPA consulted with the State of Texas through the Texas Natural 
Resource Conservation Commission (TNRCC) on the proposed partial 
deletion prior to developing this document;
    (2) EPA recommended the proposed partial deletion;
    (3) TNRCC concurred with the proposed partial deletion more than 
thirty working days before publication of this document in the Federal 
Register;
    (4) Concurrently with publication of this document in the Federal 
Register, a document will be published in a major local newspaper of 
general circulation at or near the Site and will be distributed to 
appropriate federal, state and local officials and other interested 
parties, which notices will announce a thirty calendar day public 
comment period on the deletion package and will announce the 
availability of copies of this notice of intent to delete at the EPA 
Region 6 library and the information repositories; and
    (5) EPA made all relevant documents available at the EPA Region 6 
library and the information repositories listed above, which documents 
are available for public inspection and copying.
    The public is invited to comment on EPA's proposal to delete the 
Source Control Portion of the Site from the NPL.
    Upon completion of the thirty calendar day public comment period, 
EPA Region 6 will evaluate each significant comment and any significant 
new data received before issuing a final decision concerning the 
proposed partial deletion. EPA will prepare a responsiveness summary 
for each significant comment and any significant new data received 
during the public comment period and will address concerns presented in 
such comments and data. The responsiveness summary will be made 
available to the public at the EPA Region 6 library and the information 
repositories listed above and will be included in the final deletion 
package. Members of the public are encouraged to contact EPA Region 6 
to obtain a copy of the responsiveness summary. If, after review of all 
such comments and data, EPA determines that the partial deletion from 
the NPL is appropriate, EPA will publish a final notice of partial 
deletion in the Federal Register. Deletion of the Source Control 
Portion of the Site does not actually occur until a final notice of 
partial deletion is published in the Federal Register. A copy of the 
final deletion package will be placed in the EPA Region 6 library and 
the information repositories listed above after a final notice has been 
published in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    The following information provides EPA's rationale for deletion of 
the Source Control Portion of the Site from the NPL and explains EPA's 
finding that the proposed partial deletion satisfies 40 CFR 
Sec. 300.425(e) requirements:
    The Site is a thirteen and one-half acre fenced tract located at 
9334 Canniff Road in Houston, Texas. The Site is east of Interstate 
Highway 45 (Gulf Freeway), north of Airport Boulevard/College Street 
and within two miles of the William P. Hobby Airport. The site has been 
owned by the following companies since 1967:
     Geneva Industries, June 1967 to Feb. 1974;

[[Page 56196]]

     Pilot Industries of Texas, Inc., Feb. 1974 to Dec. 1976;
     Intercostal Refining Co., Dec. 1976 to Dec. 1980;
     Lone Star Fuel Company, Dec. 1980 to May 1982 and
     Fuhrmann Energy Corporation, May 1982 to the present time. 
Prior to June 1967, the land was used for petroleum exploration and 
production.
    The Site is an abandoned refinery that had been used to manufacture 
chemicals such as biphenyl, polychlorinated biphenyl (PCB), phenyl 
phenol, naphtha and Nos. 2 and 6 fuel oils.
    In 1981, the Site and adjoining property to the south contained 
processing tanks and piping, a large waste water lagoon, two smaller 
lagoons, a closed lagoon containing solid PCB wastes, a diked tank 
area, several drum storage areas, a landfill and a possible landfarm. 
As a result of past practices at the Site, extensive soil and shallow 
ground water contamination occurred.
    Before removal actions began, surface soil contamination had PCB 
levels as high as 12,200 parts per million (ppm). The most prevalent 
PCB at the Site was Aroclor 1242. A number of chlorinated non-aromatic 
solvents (e.g., benzene), non-aromatic chlorinated solvents (e.g., 
trichloroethylene (TCE)) and polynuclear aromatic hydrocarbons (PAHs) 
were detected at the Site. TCE was detected consistently in the ground 
water but was limited to the thirty-foot sand and the one hundred-foot 
sand beneath the Site.
    Removal actions were performed by EPA and TNRCC from October 1983 
to February 1984 to close three onsite lagoons, remove all drummed 
waste on the surface, remove all offsite soils containing greater than 
fifty ppm PCBs, install a temporary cap over all on-site soils 
containing greater than fifty ppm PCBs and improve Site drainage. 
Approximately 3,400 cubic yards of contaminated soils and sludges, 550 
drums and thirty tons of asbestos were removed and transported to an 
approved disposal facility in Emmelle, Alabama. Other removal actions 
to plug abandoned onsite wells and remove storage tank materials were 
performed in May 1984 and September 1984, respectively. The total cost 
of these removal actions was $1,748,179.
    Removal actions also included investigation of the Site's soil 
contamination. The Site remedial investigation, which was performed 
from June 1984 to September 1984, further assessed the nature, degree 
and extent of the contamination. Based on the results of detailed 
investigations, EPA assigned the Site a hazard ranking system score of 
59.46 and included the Site on the NPL. The Federal Register 
promulgation date for adding the Site to the NPL was September 21, 1984 
(49 FR 37070).
    In December 1983, EPA awarded to TNRCC a cooperative agreement in 
the amount of $600,000 for the remedial investigation and feasibility 
study (RI/FS). The initial Site work was completed in September 1984, 
at which time it was determined that additional field work would be 
required. A $300,000 increase to the cooperative agreement was awarded 
in March 1985 for investigation of possible seismic faulting at the 
Site. All field RI/FS work was completed by the end of October 1985.
    EPA issued a Record of Decision for the Site on September 18, 1986. 
This ROD addressed contaminated structures, soils and ground water. The 
remedy selected in the ROD includes eight major components:
     Removal and disposal of all surface facilities,
     Plugging and abandoning unnecessary monitoring wells,
     Excavation of 22,500 cubic yards of soils contaminated 
with greater than one hundred ppm PCBs,
     Excavation of all drums buried onsite,
     Disposal of excavated material in an EPA-approved offsite 
facility,
     Construction of a slurry wall barrier around the Site with 
a pressure relief well system,
     Construction of a permanent protective cap across the Site 
surface, and
     Recovery and treatment of TCE contaminated ground water in 
both the thirty-foot sand and one hundred-foot sand (Ground Water 
Portion of the Site).
    TNRCC contracted with IT Corporation for the remedial design and 
oversight activities of the remedial action. It was decided early in 
the project design by EPA, TNRCC, and IT Corporation to split the 
remedial action into two distinct portions--one for the contaminated 
soils (Source Control Portion of the Site) and the other for the 
contaminated ground water (Ground Water Portion of the Site)--although 
the ROD does not refer to the term ``operable units.'' IT Corporation 
prepared the design criteria and contract documents (plans and 
specifications) separately for the Source Control Portion of the Site 
and the Ground Water Portion of the Site.
    Remedial action construction for the Source Control Portion of the 
Site began in May 1988 but was stopped from October 1988 to June 1989 
due to litigation concerning the shipping of waste from the Site to a 
waste disposal facility in Emmelle, Alabama. Transportation of waste to 
the Emmelle, Alabama, waste disposal facility began in July 1989 and 
continued through September 1989. The remedial action for the Source 
Control Portion of the Site was completed in September 1990. This 
proposal for partial deletion pertains only to the Source Control 
Portion of the Site, which includes disposal of 62,290 tons of 
contaminated material (soils) at a total cost of $20,624,984. The 
increased volume and other differences from the ROD are documented in 
the July 1993 explanation of significant differences to the record of 
decision. The September 1993 preliminary site closeout report further 
documents that the remedy for the Source Control Portion of the Site is 
complete and that the ground water pump and treat system has been 
constructed.
    The remedial design for the Ground Water Portion of the Site was 
completed in March 1992. Construction activities, known as Phase I, for 
the ground water treatment system, were substantially completed in July 
1993. The ten-year ground water pump and treatment, Phase II, is 
currently in progress, and the ground water monitoring is currently 
being performed. Monitoring is for TCEs and has been conducted for the 
past three years. There are ten monitoring wells within the perimeter 
of the slurry wall: nine monitor the thirty-foot sand, and one monitors 
the one hundred-foot sand. Outside the perimeter of the slurry wall, 
four wells monitor the thirty-foot sand, and three wells monitor the 
one hundred-foot sand. Monitoring has been conducted once every three 
months. The frequency and duration of future monitoring depend upon the 
consistency of monitoring results.
    The Agency for Toxic Substances and Disease Registry issued an 
April 1993 Public Health Assessment addendum concluding that the Site 
poses no apparent public health hazard; a copy of the addendum is in 
the EPA Region 6 library and the information repositories listed above 
and is available for public inspection and copying.
    A permanent protective cap across the Site surface and a slurry 
wall barrier around the Site have been constructed, and a ten-year 
ground water pump and treatment is in progress. Hazardous substances, 
pollutants or contaminants that will remain onsite are above health-
based levels and do not allow unlimited use of, or unrestricted access 
to, the Site; therefore, EPA will conduct five-year reviews as required 
by CERCLA

[[Page 56197]]

section 121(c), 42 U.S.C. 9621(c), the first of which is scheduled for 
July 1998.
    Operation and maintenance (O&M) activities are required both during 
implementation of the remedy and during the post-closure period. The 
major O&M during implementation is associated with the ground water 
recovery system, which includes replacement of pumps, wells and spent 
carbon. O&M associated with the post-closure period includes periodic 
inspection and repair of the surface cap and operation of the pressure 
relief and leachate collection systems. The post-closure operation and 
maintenance plan dated January 1988 will be implemented at the Site.
    EPA, with the concurrence of TNRCC, has determined that all 
appropriate Fund-financed response under CERCLA has been implemented 
concerning the Source Control Portion of the Site to protect public 
health and the environment and that no further response action by 
responsible parties is appropriate for the Source Control Portion of 
the Site. Therefore, EPA proposes to delete the Source Control Portion 
of the Site from the NPL.

    Dated: October 8, 1996.

    Approved by:
Jerry Clifford,
Deputy Regional Administrator, U.S. Environmental Protection Agency, 
Region 6.
[FR Doc. 96-27831 Filed 10-30-96; 8:45 am]
BILLING CODE 6560-50-P