[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Proposed Rules]
[Pages 6507-6510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3041]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5963-4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent for Partial Deletion of the Celanese
Corporation (Hoechst Celanese) Shelby Fiber Operations Site from the
National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces
its intent to delete portions of the Celanese Corporation Shelby Fiber
Operations Superfund Site located in Shelby (Cleveland County), North
Carolina, from the National Priorities List (NPL) and requests public
comment on this proposed action. The NPL constitutes Appendix B to 40
CFR part 300 which is the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), which EPA promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA). This partial deletion of the Celanese
Corporation Shelby Fiber Operations site is proposed in accordance with
40 CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of
Sites Listed on the NPL, published in the Federal Register on November
1, 1995 at (60 FR 55466).
This proposal for partial deletion pertains only to portions of
Operable Unit (OU) 1--Outer Tier Extraction Well System, and Operable
Unit (OU) 2--Former Source Area and Remediated Creeks. EPA bases its
proposal to delete portions of OU-1 and OU-2 on the determination by
EPA and the State of North Carolina Department of Environment, Health
and Natural Resources (DEHNR) that all appropriate actions under CERCLA
have been implemented to protect health, welfare, and the environment.
This partial deletion of OU-1 pertains only to the Outer Tier
extraction well system and associated ground-water treatment system.
This partial deletion does not include the remaining portions of OU-1
(i.e., the Inner Tier extraction and treatment system). The ground-
water unit will remain on the NPL and treatment will continue until a
determination by EPA and DEHNR, that all appropriate actions under
CERCLA have been completed to protect human health, welfare and the
environment relating to residual ground-water contamination at the
site.
DATES: EPA will accept comments concerning its proposal for partial
deletion for thirty days (30) after publication of this document in the
Federal Register and a newspaper of record.
ADDRESSES: Comments may be mailed to: Mr. McKenzie Mallary, Remedial
Project Manager, U.S. Environmental Protection Agency, Region 4, North
Site Management Branch, 61 Forsyth Street, S.W., Atlanta, Georgia
30303-3014.
Comprehensive information on this Site is available through the EPA
Region 4 public docket, which is located at EPA's Region 4 office and
is available for viewing by appointment from 9:00 a.m. to 4:00 p.m.,
Monday through Friday, excluding holidays. Requests for appointments or
copies of the background information from the regional public docket
should be directed to the EPA Region 4 docket office.
The address for the regional docket office is Ms. Debbie Jourdan,
U. S. Environmental Protection Agency, Federal Atlanta Center, 61
Forsyth Street, S.W., Atlanta, Georgia 30303-3014. The telephone number
is (404) 562-8862.
Background information from the regional public docket is also
available for viewing at the Site information repository located at the
Cleveland County Library, 104 Howie Drive, Shelby, NC 28151. The
telephone number is (704) 487-9069. The library is open Monday through
Thursday from 9:00 a.m. to 9:00 p.m., on Friday from 9:00 a.m. until
5:00 p.m, and Saturday from 9:00 a.m. until 1:00 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. McKenzie Mallary, Remedial Project
Manager, U. S. Environmental Protection Agency, Region 4, North Site
Management Branch, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-3014
(404) 562-8802; 1-800-435-9233.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedure
IV. Basis for Intended Partial Site Deletion
I. Introduction
The United States Environmental Protection Agency (EPA) Region 4
announces its intent to delete a portion of the Celanese Corporation
Shelby Fiber Operations site (Site) from the NPL, Appendix B of the
National Oil and Hazardous Substances Contingency Plan (NCP), 40 CFR
Part 300. It also serves to request public comments on the deletion
proposal. EPA will accept comments on this proposed action for deletion
for thirty days after publication of this document in the Federal
Register.
EPA identifies sites that appear to present a significant risk to
public health, welfare, or environment and maintains the NPL as the
list of these sites. Sites on the NPL qualify for remedial responses
financed by the Hazardous Substances Response Trust Fund (Fund). As
described in Sec. 300.425 (e)(3) of the NCP, sites deleted from the NPL
remain eligible for Fund-financed remedial actions in the unlikely
event that conditions at the site warrant such actions.
This proposal for partial deletion pertains only to OU-1 (Outer
Tier), and OU-2 (Former Source Area and Remediated Creeks). Response
activities to remediate residual groundwater contamination at the OU-
1(Inner Tier) of this Site are not yet complete and this part of OU-1
will remain on the NPL and is not subject of this partial deletion.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with Sec. 300.425(e) of the NCP, sites may be
deleted from the NPL where no further response is appropriate. In
making this determination, EPA, in consultation with the State,
considers whether the site has met any of the following criteria for
site deletion:
(i) Responsible or other parties have implemented all appropriate
response actions required;
(ii) All appropriate response actions under CERCLA have been
implemented
[[Page 6508]]
and no further response actions are deemed necessary; or
(iii) The remedial investigation has determined that the release
poses no significant threat to public health or the environment and,
therefore, no remedial action is appropriate.
III. Deletion Procedure
EPA Region 4 will accept and evaluate public comments before making
a final decision to delete. Comments from the local community may be
the most pertinent to deletion decisions. The following procedures were
used for the intended deletion of portions of the Celanese Corporation
Shelby Fiber Operations Site:
(1) EPA Region IV has recommended deletion and has prepared the
relevant documents.
(2) The State has concurred with the decision to delete portions of
the Celanese Corporation Shelby Fiber Operations site.
(3) Concurrent with this announcement, a notice has been published
in the local newspaper and has been distributed to appropriate federal,
state, and local officials announcing the commencement of a 30-day
public comment period on the Notice of Intent to Delete.
(4) EPA has made all relevant documents available for public review
at the information repository and in the Regional Office.
Partial deletion of a site from the NPL does not itself create,
alter, or revoke any individual's rights or obligations. The NPL is
designed primarily for information purposes and to assist EPA
management. As mentioned earlier, Sec. 300.425(e)(30) of the NCP states
that deletion of a site from the NPL does not preclude eligibility of
the site for future Fund-financed response actions.
For the partial deletion of this Site, EPA will accept and evaluate
public comments on this Notice of Intent to Delete before finalizing
the decision. The Agency will prepare a Responsiveness Summary to
address any significant public comments received during the comment
period. The deletion is finalized after the Regional Administrator
places a Notice of Deletion in the Federal Register.
IV. Basis for Intended Partial Site Deletion
The following summary provides the Agency's rationale for deletion
of OU-1 (Outer Tier) and OU-2 (Former Source Area and Remediated
Creeks) of the Celanese Corporation Shelby Fiber Operations site from
the NPL and EPA's finding that the criteria in 40 CFR 300.425(e) are
satisfied.
A. Site Background
The Hoechst Celanese Shelby, North Carolina Fiber Operations plant
is a polyester raw-material production facility. The site consists of a
450-acre piece of property which includes the main plant production
area, wastewater treatment area, former waste disposal areas, and
recreational areas. The plant is located in south-central Cleveland
County, bordered by Highway 198 to the west and Lavender Road to the
south, approximately one mile north of Earl and six miles south of
Shelby.
Hoechst Celanese has been conducting environmental investigations
at the Shelby facility since 1981. Remediation and clean-up activities
based on these investigations have been on-going since 1988. Initially,
work performed at the facility was conducted on a voluntary basis by
Hoechst Celanese. The site was later proposed for listing on the NPL
(National Priorities List) in October of 1984, and work conducted since
that time has followed the formal RI/FS (remedial investigation/
feasibility study) process under CERCLA. The site was formally placed
on the NPL in June of 1986.
B. Response Actions Taken at the Celanese Fiber Operations Shelby Site
A Remedial Investigation of the Celanese Fiber Operations Shelby
Site was completed in 1987 by Hoechst Celanese, the Potentially
Responsible Party. Based on data collected during the Remedial
Investigation, a risk assessment was conducted to identify contaminants
of concern, potential exposure pathways, and potential human health
risks resulting from exposure to contaminants found at the Celanese
Fiber Operations Shelby Site. This risk assessment determined that the
most significant potential human health risk was exposure to benzene,
lead, trichloroethylene and chromium through consumption of ground
water by residents living adjacent to the site.
Remedial activities conducted at the site have been broken into two
operable units: Operable Unit 1 (OU-1), consisting of groundwater
extraction, treatment, and hydraulic control; and, Operable Unit 2 (OU-
2), consisting of removal and treatment of contaminated source areas
and stream sediments. The site was broken into two operable units
because of the time involved in conducting pilot studies for the former
source area remediation. The intent in separating the site into two
operable units was to begin immediately with groundwater recovery while
the pilot studies for OU-2 were being conducted.
The ROD for OU-1 was issued on March 23, 1988. OU-1 construction
activities began in October of 1988 and the extraction well system was
placed in operation in August of 1989. An initial Five Year Review
Report for OU-1 was prepared, and the final report was submitted to the
EPA on August 8, 1994. OU-1 consists of two groundwater extraction and
treatment systems identified as the Inner Tier and Outer Tier systems.
The remedial action objectives for the OU-1 remedy were to control
further migration of the contaminated groundwater toward the site
perimeter and to remove contaminated ground water for subsequent
treatment and discharge.
The OU-2 ROD was issued on March 28, 1989. OU-2 site development
activities began in September of 1990 and remediation activities
continued through August of 1992. An initial Five Year Review Report
for OU-2 has been prepared, and the final report was submitted to the
EPA in August of 1995.
The objectives of the OU-2 remediation were to remove, treat, and
dispose of the most probable sources of groundwater contamination
identified during the remedial investigation and additional site
characterization studies. The identified source areas included buried
wastes consisting of GRU (glycol recovery unit) sludges, residual burn
pit materials, and plastic chips. Although not part of the identified
source area, the OU-2 remedy also included the excavation and treatment
of a lesser amount of contaminated stream sediments along segments of
two adjacent, unnamed creeks.
The OU-2 remedy specified in the ROD did not require ``clean
closure'' (i.e., complete removal of source material and residual
contamination). Rather, the easily identified GRU sludges, burn pit
residuals and plastic chip were excavated, along with obviously
contaminated soils (based on visual observation), to a depth of at
least 1 foot below the buried wastes. The specific intent of the OU-2
remedy was to remove and treat the major source of groundwater
contamination and thereby enhance the effectiveness of the OU-1 remedy.
C. Areas to be Deleted
Significant clean-up progress has been made in all areas of the
site, and deletion of selected parts of the site are intended to
recognize the clean-up accomplishments to date and to designate
portions of the site that do not warrant further action under the
federal Superfund program. In order to convey to the public the
successful clean up of portions of the Celanese Fiber
[[Page 6509]]
Operations Shelby Site, this petition is being made to delete the
following operable units or portions of operable units at Shelby:
(1) Operable Unit 1 Outer Tier Extraction System.
(2) Operable Unit 2 Former Source Area and Remediated Creeks.
The petition to delist the Outer Tier portion of OU-1 is based on
the following evaluation of current conditions:
(1) No detectable levels of organic constituents were reported as
present in Outer Tier influent samples or in any off-site domestic
supply wells during the 1996 sampling events. Based on the groundwater
monitoring data, the Inner Tier extraction system is effectively
capturing residual groundwater contamination around the former source
area. Assuming Outer Tier pumping is discontinued, the improvement in
water quality around the former source area should continue and may
also be enhanced because the Outer Tier will no longer be ``pulling''
ground water away from the former source area.
(2) Discontinuing pumping from the Outer Tier will conserve a
valuable groundwater resource and will allow the potentiometric surface
along the property boundary to recover. Correspondingly, the hydraulic
gradients between the Inner and Outer Tier areas will decrease,
resulting in substantially longer travel times from the former source
area toward the property boundary. The net effect will be to enhance
the natural attenuation and bioremediation of any trace concentrations
of constituents which may still remain in transit in the system.
(3) The Outer Tier was installed specifically to provide hydraulic
control along the property boundary to eliminate a hypothetical
exposure scenario postulated in the endangerment portion of the
Feasibility Study. As part of a voluntary initiative by Hoechst
Celanese during the 2nd half of 1995, all off-site, downgradient
residents were provided with county water for potable purposes,
domestic supply wells used for potable purposes have been plugged back,
and the property owners have executed deed restrictions preventing
future well drilling in the affected area. For all properties, the use
of groundwater for drinking water purposes is prohibited. A
toxicological assessment of current off-site conditions has indicated
acceptable levels of risk, and that the Outer Tier extraction wells
could safely be shut down.
The decision to request deletion of the OU-2 portion of the Hoechst
Celanese Corporation Shelby site is based on the following observations
and evaluation conducted during the Five Year Review which was
completed in August of 1995:
(1) All work at OU-2 was completed in accordance with the 100%
design report and EPA-approved amendments to the design which occurred
during implementation.
(2) During the Five Year Review, no unusual or unsuspected
operation and maintenance conditions were found, no areas of non-
compliance were identified, and a biological assessment concluded that
the remediated creeks were rejuvenating. The review concluded that the
remedy was and continues to be protective of human health and the
environment.
(3) Deleting the former source area is appropriate because all
CERCLA response activities have been completed in those areas of OU-2
where soil contamination exceeded the clean-up goals.
The petition for partial deletion of OU-1 pertains only to the
Outer Tier extraction well system and associated ground-water treatment
system. This partial deletion does not include the remaining portions
of OU-1 (i.e. The Inner Tier extraction and treatment system). The
ground-water unit will remain on the NPL and treatment will continue
until a determination by EPA and DEHNR, that all appropriate actions
under CERCLA have been completed to protect human health, welfare and
the environment related to residual groundwater contamination at the
site.
Groundwater quality will be monitored quarterly to verify that
response actions taken will prevent groundwater contaminants from
reaching the property boundary at concentrations which exceed the
Federal MCLs or North Carolina Groundwater Protection Standards. Should
the monitoring indicate any potential problem with, or failure of, the
remedy, the Outer Tier wells can be reactivated to once again provide
hydraulic control along the property boundary.
A revised groundwater monitoring program was implemented at the
Celanese Fiber Operations Shelby Site during the 1st Quarter of 1996.
This program was proposed in the 1995 Annual Operating Status Report
for Operable Unit 1, and was approved upon review by the EPA and DEHNR.
Hoechst Celanese will continue to collect samples in accordance with
the current sampling matrix and the approved Sampling & Analysis Plan.
Monitoring data and operating status reports for the Inner Tier
remediation will continue to be submitted semiannually in accordance
with the currently approved reporting schedule.
D. Community Involvement
During the remedial activities at the Site, EPA kept the community
informed of site activities primarily through fact sheets, public
meetings, and newspaper articles. Public meetings were held by the EPA
to present the RI/FS Work Plan (September 24, 1985), the results of the
Remedial Investigation (July 21, 1987), the results of the OU-1
Feasibility Study (February 2, 1988), and the OU-2 Feasibility Study
(February 16, 1989). Public comments received during the comment period
were considered and addressed in the Responsiveness Summaries attached
to each respective ROD.
E. Current Status
One of the three criteria for deletion specifies that EPA may
delete a site from the NPL if ``Responsible parties or other persons
have implemented all appropriate response actions required.'' EPA, with
concurrence of DEHNR, believes that this criterion for deletion has
been met for the OU-1 Outer Tier and for OU-2. Groundwater quality will
be monitored quarterly to verify that response actions taken will
prevent groundwater contaminants from reaching off-site areas at
concentrations which exceed the Federal MCLs or North Carolina
Groundwater Protection Standards. Five-year reviews will be conducted
by EPA to evaluate trends in ground-water quality until it has been
determined that clean-up goals have been met for the groundwater around
the former source area and that additional groundwater monitoring is
not necessary.
While EPA does not believe that any future response actions at OU-1
Outer Tier or at OU-2 will be needed, if future conditions warrant such
action, the proposed deletion areas of the Celanese Fiber Operations
Shelby site remain eligible for future Fund-financed response actions.
Furthermore, this partial deletion does not alter the status of the OU-
1 Inner Tier extraction well system portion of the Site which is not
proposed for deletion and will remain on the NPL.
EPA, with concurrence from the State of North Carolina DEHNR, has
determined that all appropriate CERCLA response actions have been
completed at OU-1 Outer Tier and OU-2 at the Hoechst Celanese Fiber
Operations Shelby site and protection of human health and the
environment has been achieved in this area. Therefore, EPA makes this
proposal to delete OU-2 and only OU-1 Outer Tier of the Hoechst
[[Page 6510]]
Celanese Fiber Operations Shelby Superfund site from the NPL.
Dated: January 23, 1998.
A. Stanley Meiburg,
Deputy Regional Administrator, Environmental Protection Agency, Region
4.
[FR Doc. 98-3041 Filed 2-6-98; 8:45 am]
BILLING CODE 6560-50-P
