[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Pages 20785-20789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11311]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5500-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the Carter Lee Lumber Company
Superfund Site National From Priorities List; Request for Comments.
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SUMMARY: The United States Environmental Protection Agency (U.S. EPA)
Region V announces its intent to delete the Carter Lee Lumber Company
Superfund Site from the National Priorities List (NPL) and requests
public comment on this action. The NPL constitutes Appendix B to the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP),
which U.S. EPA promulgated pursuant to Section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) as amended. This action is being taken by U.S. EPA, because it
has been determined that all Fund-financed responses under CERCLA have
been implemented and U.S. EPA, in consultation with the State of
Indiana, has determined that no further response is appropriate.
Moreover, U.S. EPA and the State have determined that remedial
activities conducted at the Site to date have been protective of public
health, welfare, and the environment.
DATES: Comments concerning the proposed deletion of the Site from the
NPL may be submitted on or before June 7, 1996.
ADDRESSES: Comments may be mailed to Helen Smith (SR-6J) Environmental
Protection Assistant, Superfund Division, U.S. EPA, Region V, 77 W.
Jackson Blvd., Chicago, IL 60604.
[[Page 20786]]
Comprehensive information on the site is available at U.S. EPA's Region
V office and at the local information repository located at: Hawthorn
Community Center, 2440 West Ohio Street, Indianapolis IN and the
offices of the Indiana Department of Environmental management, 100 N.
Senate Avenue, N1255, Indianapolis, IN. Requests for comprehensive
copies of documents should be directed formally to the Region V Docket
Office. The address and phone number for the Regional Docket Officer is
Jan Pfundheller (SMR-7J), U.S. EPA, Region V, 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 353-5821.
FOR FURTHER INFORMATION CONTACT: Deborah Orr (SR-6J) Remedial Project
Manager at (312) 886-7576, Helen Smith (SR-6J) Environmental Protection
Assistant, Superfund Division, U.S. EPA, Region V, 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 886-6229 or David Novak (P-19J), Office of
Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL
60604, (312) 886-9840.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The U.S. Environmental Protection Agency (EPA) Region V announces
its intent to delete the Carter Lee Lumber Company Superfund Site
(Site) from the National Priorities List (NPL), which constitutes
Appendix B of the (NCP), and requests comments on the proposed
deletion. The U.S. EPA identifies sites that appear to present a
significant risk to public health, welfare 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 Response Trust Fund (Fund). Pursuant to Section 300.425(e)(3)
of the NCP, any site deleted from the NPL remains eligible for Fund-
financed remedial actions if the conditions at the site warrant such
action.
The U.S. EPA will accept comments on this proposal for thirty (30)
days after publication of this notice in the Federal Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that U.S. EPA is using
for this action. Section IV discusses the history of this site and
explains how the site meets the deletion criteria.
Deletion of sites from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Furthermore, deletion
from the NPL does not in any way alter U.S. EPA's right to take
enforcement actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist in Agency management.
II. NPL Deletion Criteria
The NCP establishes the criteria the Agency 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 this determination, U.S. EPA will consider, in consultation with
the State, whether any of the following criteria have been met:
(i) Responsible parties or other persons have implemented all
appropriate response actions required; or
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented, and no further response action by responsible parties is
appropriate; or
(iii) The Remedial investigation has shown that the release poses
no significant threat to public health or the environment and,
therefore, remedial measures are not appropriate.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
300.425(e) has been met, U.S. EPA may formally begin deletion
procedures once the State has concurred. This Federal Register notice,
and a concurrent notice in the local newspaper in the vicinity of the
Site, announce the initiation of a 30-day comment period. The public is
asked to comment on U.S. EPA's intention to delete the Site from the
NPL. All critical documents needed to evaluate U.S. EPA's decision are
included in the information repository and the deletion docket.
Upon completion of the public comment period, if necessary, the
U.S. EPA Regional Office will prepare a Responsiveness Summary to
evaluate and address comments that were received. The public is welcome
to contact the U.S. EPA Region V Office to obtain a copy of this
responsiveness summary, if one is prepared. If U.S. EPA then determines
the deletion from the NPL is appropriate, final notice of deletion will
be published in the Federal Register.
IV. Basis for Intended Site Deletion
Decision Summary
I. Site Description
The Site is located west of downtown Indianapolis at 1621 West
Washington Street. Eagle Creek is approximately one-half mile southwest
and the White River is about one mile east of the site. The Site is
located 7 miles upgradient of one of the groundwater pumps used to
supplement the drinking water supply for the City of Indianapolis. It
is located in a commercial and industrial center primarily composed of
heavy industry with the exception of some scattered areas of older
single-family residential dwellings. The Site is currently used for
storage for a commercial lumber yard and is, therefore, fenced and
access is restricted. The Carter Lee Lumber (CLL) Company has been at
its present location for over 120 years. The Site occupies only part of
the CLL property, a four acre trapezoid in the southeast corner, that
was acquired by CLL in 1979 for expansion of lumber storage
capabilities.
Lumber and associated materials are stored in three sheds on the
Site. The Site is paved with asphalt except for the southeast corner,
which is covered with about six inches compacted gravel and soil. The
Site is relatively flat. It is bordered on the east and south by
Conrail railroad tracks, on the west by Reichwein Avenue and the north
by CLL property. The bordering tracks are elevated as much as 6 to 8
feet above the Site. The southeast corner of the property is the lowest
elevation point on the Site.
Over 36,000 people live within 2-miles of CLL. The closest
residence is across Reichwein Avenue. Demographics from the 1990 census
data, show that the area adjacent to the Site has a more culturally
diverse population than the general population of Marion County.
Thirty-two percent of the residents within a two mile radius of the
Site are non-white while twenty-two percent of the residents of Marion
County identified themselves as non-white. Census data shows that the
average household within a two mile radius of the Site has an income
thirty-three percent lower than the average income of a typical Marion
County resident.
II. Site History and Enforcement Activities
Prior to 1979, the Site was owned by Penn Central Corporation and,
in the period from 1960-1973, leased to several commercial waste
hauling
[[Page 20787]]
companies that used the Site for industrial waste product disposal. The
Site was leased first for the disposal of calcium ferrosulfate (about
30% solid). There is no evidence that this material was hazardous. It
was then leased to a series of partnerships that, from court records,
state the nature of the business was to purchase lime slurry, a waste
product from Union Carbide Corporation, Linde Division, and to sell it
to Ford Motor Company, in Indianapolis, Delco Electronics in Kokomo and
Jones Laughlin Steel. Neutralized metal plating sludge and neutralized
calcium ferrosulfate were reported sprayed on the Site from 1971-1972.
There are unsubstantiated allegations of tank car dumping and
disposal of oily filter cakes from Conrail Lines. In addition, from
1940-1985, CLL operated a small quantity, batch-load wood preserving
operation immediately off-site, north of the northeast corner of the
Site. This operation reportedly used consumer-grade pentachlorophenol.
CCL purchased the Site in 1979. While the property was being
developed for lumber storage, red soil was discovered. When the red
soil interfered with proper soil compaction, it was moved. The red soil
was stored near a trench area dug to hold construction debris. Asphalt
was laid on portions of the Site and the storage yard was fenced as
part of this work. The soil was later spread over an area covering
about 220 by 250 feet in the southeast corner of the Site, where it is
currently located.
The Site was investigated by the Environment and Ecology Field
Investigation Team (FIT) in 1985 as a result of a CLL Company employee
reports of spotting small animals with sores and patchy fur and
complaints by employees of skin lesions and weight loss. Neither
reports were confirmed by local health officials. Following the FIT
investigation which included soil sampling, the Site was scored for NPL
listing due to the potential for groundwater contamination and a
concern for potential dermal contact should the soils be disturbed.
Research to identify parties responsible for conditions at the Site
was completed in June 1988. Potentially responsible owners, operators
and generators were identified. Based on information gathered during
this search and responses from information requests, special notice
letters were sent out during January 1992.
III. Highlights of Community Participation
U.S. EPA hosted a ``kick off'' public meeting on September 3, 1992
at the Presbyterian Church located across the street from the Site. The
purpose of the meeting was to inform the local residents of the
Superfund process and the work to be conducted under the Remedial
Investigation (RI). Thirty-nine people attended the meeting. Two RI
update newsletters were issued to individuals on the Site specific
mailing list in June 1993 and July 1995.
Information repositories for the Site have been established at
Hawthorn Community Center, 2440 West Ohio Street, Indianapolis IN and
the offices of the Indiana Department of Environmental Management, 100
N. Senate Avenue, N1255, Indianapolis, IN. The Administrative Record
for the Site has been made available to the public at the U.S. EPA
Docket Room in Region V and at the Hawthorn Community Center.
The RI was released to the public in May 1995. The proposed plan
was mailed July 28, 1995. A public meeting to discuss the remedial
investigation and the proposed plan was held on August 10, 1995.
Advertisements were placed in the Indiana Star/News and the West-Side
Enterprise to announce the public meetings and comment period. Ten
people attended the proposed plan meeting. The proposed plan was
available for public comments from August 1, 1995 through August 30,
1995.
The public participation requirements of CERCLA Sections
113(k)(2)(I-v) and 117 of CERCLA have been met in the remedy selection
process. This decision document presents the selected remedial action
for the CLL Company Superfund Site, chosen in accordance with CERCLA,
as amended by SARA and, to the extent practicable, the NCP. The
decision for this Site is based on the administrative record.
IV. Scope and Role of Operable Units
U.S. EPA has determined that no further action is required at this
Site. Because hazardous substances at concentrations above unacceptable
risk levels will not remain at the Site, a five-year review will not be
necessary.
V. Site Characteristics
During the RI, sampling and analysis of groundwater and subsurface
and surface soil occurred which allows a determination of Site
conditions to be made. The investigation took place in two phases
beginning in November 1992 and ending about one year later in September
1993.
During Phase I in November 1992, all surface and subsurface on-site
soil samples were collected, five monitoring wells were installed and
sampled and 15 of the 17 off-site soil samples were collected.
Phase II, which occurred in June, August and September of 1993,
consisted of two rounds of groundwater samples, 3 rounds of water level
measurements and the collection of 2 additional off-site soil samples.
A groundwater user survey was implemented during this time period as
well. An ecological investigation of the Site was also conducted as
part of Phase 2.
Using the U.S. EPA risk assessment guidance and procedures, many
contaminants found at the Site, including Semi-volatile Organic
Compounds (SVOCs), Volatile Organic Compounds (VOCs), metals and
cyanide were eliminated from further consideration primarily because
on-site concentrations did not differ significantly from background, or
off-site contaminant concentrations.
The ecological investigation consisted of review of current
literature to determine whether the area contained protected plants or
animals or whether sensitive habitats existed in the area. A Site visit
also took place.
Based on the evaluation of Site conditions, U.S. EPA determined
that there is no threat to human health and the environment through
exposure by ingestion or direct contact with the pesticides/herbicides
and PCBs found in the soils and groundwater on and near the Site. The
effects of background contamination was not evaluated as part of this
study. The following is a result of the findings.
1. Physiography. The Site is located within the commercial and
industrial center of the City of Indianapolis, central Marion County.
The area is relatively flat and ranges in topographic relief from about
745 feet above mean sea level measured 2.75 miles west of the Site to
about 705 feet at the White River, which is 1 mile east. The Site is
paved with asphalt except for the southeast corner, which is covered
with compacted gravel. Drainage swells, formed by rail road track berms
6 to 8 feet high, run parallel to the eastern and southern Site
boundaries and collect surface run-off from the Site. The southeast
corner is the lowest elevation point on the Site at an elevation of 691
feet above mean sea level.
2. Geology. An extensive sand and gravel outwash deposit exists
under the Site. The outwash is composed of coarse-grained material
deposited by glacial meltwater streams during the Wisconsian
glaciation. Discontinuous silt and clay deposits are numerous. The
outwash extends along the White River, Eagle Creek and Fall Creek and
it is
[[Page 20788]]
about 6.5 miles wide from east to west. At the outer edges of the
outwash, the deposits integrate with deposits of till. Sand and gravel
deposits are discontinuous in the till plain. The thickness of the
unconsolidated deposits in Marion County ranges from less than 15 feet
to more than 300 feet. Within the vicinity of the Site, the bedrock
beneath the outwash deposits consists of Silurian and Devonian age
limestones and dolomites. Depth to bedrock is about 120 feet. West of
the Site, Mississippian age shale separates the outwash deposits from
the limestones and dolomites. The bedrock surface slopes gently to the
west.
The Site geology is characterized by a series of fill layers
starting at about 12 inches below the ground surface This fill material
varies across the Site but generally consists of sandy gravel and
clayey silty sand with miscellaneous debris including bricks, concrete
and wood. Some areas of the Site are filled with black dense sand
similar to a foundry sand mixed with what appeared to be fly ash.
3. Hydrology. There are two groundwater systems beneath the Site.
The outwash deposits along the White River comprise the upper,
unconfined aquifer. The thickness of the aquifer ranges from 30 to more
than 80 feet. The limestone and dolomite formations comprise the
uppermost bedrock aquifer. The average horizontal hydraulic
conductivity is about 300 feet/day for the outwash aquifer and about 10
feet/day for the bedrock aquifer. The hydraulic conductivity in the
bedrock aquifer can be considerably greater in areas where solution
channeling has occurred.
Wells in the outwash aquifer have produced as much as 3,000 gallons
per minute (gpm). Bedrock wells may yield 75 to 250 gpm. The bedrock is
most productive in the upper 100 feet where it was once exposed to
weathering elements and where the greatest amount of solution
development has occurred.
At the Site the unconfined, shallow water table was encountered at
about 20 to 25 feet below ground surface. Typically, groundwater flows
toward the southeast. Through the well users survey, a cone of
depression was identified southeast of the Site. Most of the wells
within 1 mile of the Site are used exclusively for manufacturing
processes. Marion County depends on surface water for 92% of its
drinking water supply, the remainder comes from groundwater. The use of
groundwater to supplement drinking water is expected to increase to 19%
by the year 2000.
Groundwater elevations in Marion County range from about 830 feet
in the northwestern portion of the county to less than 680 feet near
the White River in the central portion of the county. Regional
groundwater flow in the western half of Marion County is to the east-
southeast toward Eagle Creek and the White River. In eastern Marion
County, groundwater flow is to the west-southwest toward Fall Creek and
the White River.
4. Contamination. a. Soils. SVOCs and heavy metals were detected in
on-site soil at depths ranging from 4 to 8 feet below the ground
surface. Several pesticides were also detected in on-site soil. The
findings were similar to those resulting from FIT sampling. The
concentration of SVOCs and metals in on-site soils were within the
ranges previously found by the FIT and the distribution of SVOCs on-
site was consistent with the presence of red soil and with the black
cinder fill material.
b. Groundwater. Sampling of the groundwater identified low
concentrations of some SVOCs including phenol, phenanthrene, di-n-
butylphthalate, pyrene, and bis(2-ethyl-hexyl)phthalate. These were
found sporadically in groundwater samples. Low concentrations of
arsenic and cyanide were detected in several Site ground-water
monitoring wells during one sampling event. Low concentrations of
beryllium were also detected in two sampling events.
5. Ecological. The investigation determined that the area south of
the Site by virtue of plant community composition and evidence of
hydrology typical of wetlands, appeared to consist of palustrine
emergent or scrub/shrub communities. Through research and observations
during the Site visit, it was determined that this area is not a
sensitive or high-value ecological habitat. Wildlife and plant
communities are limited because of the urban nature of the area. During
the Site visit gross evidence of adverse impacts on the plant and
animal communities from the Site were not apparent.
VI. Summary of Site Risks
Given that most of the contaminated soil on-site is either covered
by asphalt or six inches of compacted gravel and soil, no worker or
nearby residents are currently exposed to contaminants through
inhalation of dust emissions.
Volatilization of some contaminants to the air can pose a risk if
present at the soil surface. Because contaminants on-site are covered
as described above, volatilization is not considered a transport
mechanism at this Site.
The analytical results for SVOCs and metals for on-site and off-
site samples were evaluated using a statistical comparative analysis.
It was verified statistically, that there is no significant difference
between the SVOCs and the heavy metal concentrations found in on-site
soils compared with those found in off-site soils. The Site is located
in an area with many industries which may have contributed to the
metals and PAHs found. These facts lead to the conclusion that the
source of PAH and metals contamination are not solely attributable to
the site. Based on this, PAHs and metals were not carried forward in
the Site related risk evaluation. The berms surrounding the Site on the
east and southern boundary are an effective barrier to overland flow of
contaminants into surface water via Site run off. For this reason, the
risk for the surface water pathway was determined to be negligible.
During the analysis, infiltration of rainwater to groundwater was
considered as a potential transport mechanism that could leach
contaminants from deeper soils into the groundwater. The remedial
investigation identified some Site characteristics that makes this
unlikely. The soils are covered with compacted gravel and this
decreases the amount of rain through infiltration. The soils underlying
contaminants consist of clayey sands. Since contaminants tend to sorb
more tightly to clay, contaminants are less likely to be released. In
addition, a fate and transport analysis of the effects of the PAHs,
arsenic and beryllium determined that groundwater does not appear to be
threatened by Site contaminants. Based on these findings, it was
determined that this pathway did not present an unacceptable risk.
The contaminants of concern evaluated quantitatively for the Site
include heptachlor and arochlor-1254 in on-site soils and alpha BHC and
4,4'-DDT, both in groundwater.
The risk assessment determined that the Site contaminants do not
pose a significant risk to those who may come in contact with them.
Risk was evaluated for on-site worker exposure and residential exposure
as well. The risk to a hypothetical future worker exposed to on-site
soil and groundwater was calculated. The calculated numbers are well
below U.S. EPA's acceptable risk range. A reasonable future land use
anticipates the land will continue to be used as commercial/industrial
property. Notwithstanding this assumption, the same calculation is
performed for the hypothetical on-site resident. The estimate of
cumulative excess cancer risk is at the low end of U.S. EPA's
acceptable risk range for exposure to
[[Page 20789]]
soils. For groundwater, the number is below the lower end of U.S. EPA's
acceptable risk range.
Given the above, the no action alternative was chosen since it has
been demonstrated that the contamination found could not be attributed
solely to CLL and the level of contamination attributable to the Site
results in negligible risk. U.S. EPA issued its finding in the document
Remedial Investigation Report dated May 1995. U.S. EPA executed a
Record of Decision requiring no action on September 29, 1995. The State
concurred with this ROD on October 13, 1995.
U.S. EPA, with concurrence from the State of Indiana, has
determined that all appropriate Fund-financed responses under CERCLA at
the Carter Lee Lumber Company Superfund Site have been completed, and
no further CERCLA response is appropriate in order to provide
protection of human health and the environment. Therefore, U.S. EPA
proposes to delete the site from the NPL.
Dated: April 25, 1996.
Valdas V. Adamkus,
Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-11311 Filed 5-7-96; 8:45 am]
BILLING CODE 6560-50-P
