[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Proposed Rules]
[Pages 31440-31442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14546]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5220-9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent to delete flowood site from the National
Priorities List (NPL): Request for comments.
-----------------------------------------------------------------------
SUMMARY: EPA, Region IV (EPA) announces its intent to delete the
Flowood Site from the NPL and requests public comment on this proposed
action. The NPL constitutes Appendix B of 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 of 1980
(CERCLA). EPA and the State of Mississippi (State) have determined that
all appropriate CERCLA actions have been implemented and that no
further cleanup by responsible parties is appropriate. Moreover, 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 this Site will be
accepted until July 17, 1995.
ADDRESSES: Comments may be mailed to: Lt. Mark A. Marshall, USPHS,
Remedial Project Manager, South Superfund Remedial Branch, Waste
Management Division, U.S. Environmental Protection Agency, Region IV,
345 Courtland Street, NE., Atlanta, GA 30365.
Comprehensive information on this Site is available through the EPA
Region IV public docket, which is located at EPA's Region IV office and
is available for viewing by appointment only 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 IV Docket Office.
The address for the Regional Docket Office is: Ms. Debbie Jourdan,
U.S. Environmental Protection Agency, Region IV, 345 Courtland Street,
NE., Atlanta, Georgia 30365, Telephone No.: (404) 347-2930.
Background information from the regional public docket is also
available for viewing at the Site information repository located at the
following address: Pearl Public Library, 3470 Highway 80 East, Pearl,
Mississippi 39208, telephone No.: (601) 932-2562.
FOR FURTHER INFORMATION CONTACT: Lt. Mark A. Marshall, USPHS, Remedial
Project Manager, U.S. Environmental Protection Agency, Region IV, 345
Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-2643 ext.
6271.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletions
I. Introduction
EPA announces its intent to delete the Flowood Site in Rankin
County, Mississippi from the National Priorities List (NPL) which
constitutes Appendix B on the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), and requests comments on this
proposed deletion. 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 Substances
Superfund Response Trust Fund (Fund). Pursuant to Sec. 300.425(e)(3) of
the NCP, any site deleted from the NPL remains eligible for Fund-
financed Remedial Actions in the event that conditions at the site
warrant such action. EPA will accept comments concerning this Site for
thirty (30) calendar days after publication of this notice in the
Federal Register.
Section II of this notice explains the criteria for the deletion of
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses how the Site meets the deletion
criteria.
II. NPL Deletion Criteria
The NCP establishes the criteria that the EPA uses to delete sites
from the NPL. In accordance with 40 CFR 300.425(e), releases may be
deleted from the NPL where no further response is appropriate. In
making this determination, 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 response under CERCLA has
been implemented, and no further response action by responsible
parties is appropriate; or
(iii) The remedial investigation has determined that the release
poses no significant threat to public health or the environment and,
therefore, taking or remedial measures is not appropriate.
Pursuant to Sec. 300.425(e)(3) of the NCP, any site deleted from
the NPL remains eligible for Fund-financed Remedial Actions in the
event that conditions at the site warrant such action.
III. Deletion Procedures
EPA 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 this Site:
(1) EPA has recommended deletion and has prepared the relevant
documents.
(2) The State has concurred with the deletion decision.
(3) A local notice has been published in local newspapers and
has been distributed to appropriate federal, state, and local
officials, and other interested parties. [[Page 31441]]
(4) EPA has made all relevant documents available in the
Regional Office and local site information repository.
Deletion of a site from the NPL does not itself, create, alter, or
revoke any individual rights or obligations. The NPL is designated
primarily for information purposes and to assist EPA management. As
mentioned in Section II of this Notice, 40 C.F.R. 300.425(e)(3) states
that deletion of a site from the NPL does not preclude eligibility for
future Fund-financed response actions.
Any comments received during the notice and comment period will be
evaluated before the final decision to delete. EPA will prepare a
Responsiveness Summary, if necessary, which will address any comments
received during the public comment period.
A deletion occurs after the EPA Region IV Regional Administrator
places a notice in the Federal Register. The NPL will reflect any
deletions in the next final update. Public notices and copies of the
Responsiveness Summary will be made available to local residents by
Region IV.
IV. Basis for Intended Site Deletion
The Flowood Superfund Site (``Site'') is located in the town of
Flowood, Rankin County, Mississippi along Highway 468 on the east side
of the Pearl River, east of Jackson, Mississippi. The site encompasses
approximately 225 acres and consists mostly of wetlands and lowlands in
the alluvial plain of the Pearl River. The Site is separated from the
river by two levees. Two manufacturing facilities have operated at the
Flowood site since the 1940's or longer. The Continental Forest Company
owned the northern part of the property from 1956 to 1983 when the
facility was purchased by the present owner, the Stone Container
Corporation. The facility to the south, currently the Rival
Manufacturing Company, has been used to manufacture stoneware cooking
pots since the 1970's. The past owner, The Marmon Group, used the
facility from the 1950's through the early 1970's to manufacture
ceramic tiles. The United Gas Pipe Line Company also owns a portion of
the Site. The Site consisted of wastewater discharge areas and
downstream areas adjacent to the two manufacturing facilities. The
immediate area of the site included a borrow pit (Lake Marie), a canal
used as a discharge area, and other undeveloped land areas adjacent to
the plant sites.
State environmental officials became aware of the presence of
hazardous substances in an on-site canal during a routine industrial
waste water inspection in the fall of 1982. In January 1983, the state
reported the Site to EPA. EPA's investigation indicated that soils and
sediments in five areas around the Site contained lead: the slough/
canal area, the small drainage ditch, the wash area, the drainage
ditch/Lake Marie area, and the cow pasture pond area. At the request of
the Mississippi Department of Environmental Quality (MDEQ), the Site
was placed on the NPL in September 1983. The Marmon Group entered into
a consent Agreement with EPA in 1986 to conduct the Remedial
Investigation (RI) and Feasibility Study (FS) for the site to determine
the nature and extent of lead contamination and evaluated various
remedial alternatives to reduce any risks posed by the contamination.
After reviewing the results of the RI/FS, EPA selected a remedy to
address lead contamination at the Site and issued a Record of Decision
(ROD) for the Site on September 30, 1988. The selected remedy included
the following components: excavating and solidifying/stabilizing 6,000
cubic yards of lead-contaminated soils sediments; no remedial action
for groundwater; backfilling treated materials into the slough/canal
area; covering, regrading, and reseeding the area; and, groundwater
monitoring. EPA and the Potentially Responsible Parties (PRP), The
Marmon Corporation, Rival Manufacturing Company, United Gas Pipe Line
Company and Kiewit Continental Inc. entered into a Consent Decree in
February 1990 for the PRP to design and implement the cleanup remedy.
The PRP began remedial design in February 1990 and EPA approved the
final design of the remedy on August 9, 1991.
Based on design data developed by the PRP prior to the final
design, EPA found that changes to the selected remedy were necessary.
EPA implemented an Explanation of Significant Differences (ESD) in
September 1990 which included two modifications to EPA's selected
remedy based on treatability studies and confirmatory sampling
conducted during the Remedial Design. The first modification required a
change in the location of the on-site disposal area (the Material
Placement Area) due to the discovery of additional volumes of
contaminated material in the Rival Plant backyard and other areas. The
additional volumes required location of a new on-site disposal area to
accommodate the volume. The second modification required the use of an
interim measures waiver of Applicable or Relevant and Appropriate
Requirements (ARARs) which temporarily waives the RCRA requirement that
hazardous waste must be contained in a Subtitle C facility. This waiver
was necessary because treatability testing during the design revealed
that the treatment process might not render the final product non-RCRA
characteristic until after a period of time.
A community relations program was implemented during the course of
the RI/FS. In June 1985, the community relations plan was finalized. An
information repository was established in June at the Pearl Public
Library. A press release providing an opportunity for a public meeting
and information on the opening of the public comment period was issued
in May 1988. The public comment for the proposed plan was held from May
18, 1988 through June 22, 1988. There was no public meeting because the
public did not show an interest in having a public meeting.
The Remedial Action objective for the site was to eliminate
potential health hazards due to the presence of lead at the Site.
Current and potential routes of exposure at the Site include ingestion
of contaminated soil, fish and groundwater by humans and ingestion of
contaminated surface waters by cattle. Based on the risks associated
with exposure to soil in the pathways identified, a protective level of
500 mg/kg of lead was established. Groundwater sampling did not show
impact to groundwater for the waste material; therefore, cleanup goals
for the groundwater were not established. EPA determined that
groundwater monitoring in the stabilized material placement area would
measure the effectiveness of the stabilization. The remediation of the
contaminated soil and contaminated sediments to 500 mg/kg would
alleviate future impacts to surface water.
The Remedial Design was approved on August 9, 1991. As part of the
design, a treatability study was conducted. The results of the
treatability study are contained in the Remedial Design report.
Additional work was required for the excavation of lake sediments
in Lake Marie; therefore, the completion of the remedial construction
activities were implemented in two phases. On April 2, 1993, EPA, MDEQ,
and the PRP conducted a Prefinal Construction Inspection for Phase I of
the Remedial Action. A Prefinal Inspection for the Phase II Remedial
Action was conducted on July 20, 1993. Neither the Phase I nor Phase II
Prefinal Inspections revealed any significant items remaining to be
completed or corrected. [[Page 31442]]
To prevent a future use of the property which could disturb the
integrity of the containment of contamination provided by the building
slabs, institutional controls have been imposed on those areas of
concern. These institutional controls take the form of deed
restrictions which are in addition to those imposed on the Material
Placement Area (MPA). These deed restrictions will insure that the
remedy remains protective of human health and the environment. Remedial
activities were conducted as planned. No additional areas of
contamination were identified beyond the discovery of contained
contaminated soils beneath structures in the Rival Back Yard (RBY) and
the expansion of other areas containing lead contaminated soils and
sediments, and the sediments in Lake Marie. The remedial action which
was finalized in accordance with the ROD and the Consent Decree put
into place deed restrictions in the areas of concern in the RBY and the
Material Placement Area.
The Remedial Design and the Remedial Action were carefully reviewed
by EPA and MDEQ for compliance with all requirements of the ROD and
with all applicable Quality Assurance/Quality Control (QA/QC)
procedures and protocol.
All procedures and protocols followed for soil and sediment
sampling analysis during the Post-remediation verification sampling are
documented in the Post Remediation Verification Sampling Plan. This
sampling plan is contained in the Construction Management Plan dated
May 8, 1992, as was modified in the field. A Quality Assurance Project
Plan (QAPP) was prepared, consistent with the requirements of EPA's
Interim Guidelines and Specifications for preparing Quality Assurance
Project Plans (QAM-005/80), and in conjunction with the design
documents. This QAPP was later modified and used to implement the
Remedial Action.
The QA/QC program utilized throughout the Remedial Action was
acceptable and enabled EPA and MDEQ to determine that the testing
results reported were accurate to the degree needed to assure
satisfactory execution of the Remedial Action and consistent with the
ROD.
The verification sampling performed across the site have indicated
that all cleanup levels have been achieved and the construction was
completed consistent with the ROD and design plans and specifications.
Throughout the construction, the U.S. Army Corps of Engineers (COE)
provided oversight of the Remedial Action on behalf of EPA. The COE
conducted frequent inspections of all site construction activities and
submitted written monthly reports that described the results of its
inspections.
Laboratory results have indicated that the remedy has achieved
performance standards and met the cleanup levels established in the
ROD. Interpretation of this analytical data indicate that the remedy
has been constructed in accordance with the Remedial Design plans and
specifications and is achieving the primary purpose of preventing human
health risks from contamination of on-site soils and sediments.
As required by the Consent Decree (CD), the Settling Parties
submitted the final Operation and Maintenance (O&M) Plan to EPA on
November 12, 1993. The ROD requires that groundwater monitoring be
performed quarterly for the first year. EPA will review the data and a
decision will be made on the frequency of monitoring for the subsequent
years.
Four groundwater monitoring wells were installed in and around the
MPA. These wells will be used to monitor the long-term performance of
the Material Placement Area on the quality of the groundwater. Samples
from each monitoring well will be collected and analyzed for the lead
(total lead). Statistical analysis will be employed to determine if the
MPA is having an adverse affect on the area groundwater.
In accordance with EPA guidance, a five year review of this project
is necessary to ensure continued protection of human health and the
environment. The statutory five-year review will be conducted pursuant
to guidance contained in OSWER Directive 9355.7-02, Structure and
Components of the Five-Year Review. The five year time frame began on
June 22, 1992, the Remedial Action contract award date. Therefore, the
five year review should be completed on or before June 22, 1997.
EPA, with concurrence of the State, has determined that all
appropriate Fund-financed responses under CERCLA at the Site have been
completed, and that no further cleanup by responsible parties is
appropriate. Therefore, it proposes to delete the Site from the NPL and
requests public comments on the proposed deletion.
Dated: June 1, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-14546 Filed 6-14-95; 8:45 am]
BILLING CODE 6560-50-P
