95-16419. National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List  

  • [Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
    [Proposed Rules]
    [Pages 35160-35162]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-16419]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 300
    
    [FRL-5254-1]
    
    
    National Oil and Hazardous Substances Pollution Contingency Plan; 
    National Priorities List
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice of Intent to Delete Brown Wood Preserving Site from the 
    National Priorities List; request for comments.
    
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    SUMMARY: The U.S. Environmental Protection Agency (EPA), announces its 
    intent to delete the Brown Wood Preserving Superfund Site (Site) in 
    Live Oak, Suwannee County, Florida, from the National Priorities List 
    (NPL) and requests public comment on this action. The NPL is codified 
    as 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 of 1980 (CERCLA). EPA and the State of 
    Florida (State) have determined that all appropriate responses under 
    CERCLA have been implemented and that no further cleanup by responsible 
    parties is appropriate. Moreover, EPA and the State have determined 
    that the remedial actions conducted at the Site to date have been 
    protective of public health, welfare, and the environment.
    
    DATES: Comments on the Notice of Intent to Delete the Site from the NPL 
    should be submitted on or before August 7, 1995.
    
    ADDRESSES: Comments may be mailed to: Joe Franzmathes, Director, Waste 
    Management Division, U.S. Environmental Protection Agency, Region IV, 
    345 Courtland Street, N.E., Atlanta, Georgia 30365.
        Comprehensive information on this Site is maintained in the public 
    docket, which is available for viewing at the information repositories 
    in two locations. Requests for appointments or copies of the background 
    information from the public docket should be directed to:
    
    Ms. Debbie Jourdan, U.S. Environmental Protection Agency, Region IV, 
    345 Courtland Street, N.E., Atlanta, Georgia 30365, Phone: (404) 347-
    3555, ext. 6217, Hours: 8:00 a.m. to 4:00 p.m., Monday through Friday--
    By Appointment Only.
    Suwannee River Regional Library, 207 Pine Street, Live Oak, Florida 
    32060, Phone: (904) 362-2317, Hours: 8:30 a.m. to 8:00 p.m., Monday and 
    Thursday; 8:30 a.m. to 5:30 p.m., Tuesday, Wednesday, and Friday; 8:30 
    a.m.-4:00 p.m., Saturday.
    
    FOR FURTHER INFORMATION CONTACT: Randall Chaffins, U.S. Environmental 
    Protection Agency, Region IV, Waste Management Division, South 
    Superfund Remedial Branch, 345 Courtland Street, N.E. Atlanta, GA 
    30365, (404) 347-2643 ext. 6260.
    
    SUPPLEMENTARY INFORMATION:
    
    Table of Contents
    
    I. Introduction
    II. NPL Deletion Criteria
    III. Deletion Procedures
    IV. Basis for Intended Site Deletion
    
    I. Introduction
    
        EPA announces its intent to delete the Site from the NPL, which 
    constitutes Appendix B of the NCP, 40 CFR Part 300, 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 
    Section 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 deleting 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 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 this 
    determination, EPA, in consultation with the State, considers whether 
    any of the following criteria have been met:
        (i) Responsible 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 of remedial measures is not appropriate.
    III. Deletion Procedures
    
        EPA will accept and evaluate public comments before making a final 
    decision to delete the Site. 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 of Florida has concurred with the deletion decision.
        (3) Concurrent with this Notice of Intent to Delete, a notice has 
    been published in a local newspaper and has been distributed to 
    appropriate Federal, State, and local officials, and other interested 
    parties.
        (4) EPA has made all relevant documents available at the 
    information repositories.
        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 CFR 300.425(e)(3) states 
    that deletion of a site from the NPL does not preclude eligibility for 
    future Fund-financed response actions.
        The comments received during the public comment period will be 
    evaluated before the final decision to delete the Site. EPA will 
    prepare a Responsiveness Summary, if necessary, which will address the 
    comments received during the public comment period.
        A deletion occurs when the Regional Administrator of EPA places a 
    Notice of Deletion in the Federal Register. Any deletions from the NPL 
    will be reflected 
    
    [[Page 35161]]
    in the next NPL update. Public notices and copies of the Responsiveness 
    Summary will be made available to local residents by EPA.
    
    IV. Basis for Intended Site Deletion
    
        The following Site summary provides the Agency's rationale for the 
    intended deletion of this Site from the NPL.
        The Site is located at the intersection of Sawmill Road and 
    Goldkist Road, approximately two (2) miles west of the City of Live 
    Oak, Suwannee County, Florida. The 51 acre Site is situated in the 
    northwest quarter of Section 22, Township 2 South, Range 13 East. The 
    topography on-site varies in elevation from 85 feet above mean sea 
    level to 111 feet above mean sea level. The area surrounding the Site 
    is considered rural and light agricultural. A sawmill and a 
    construction company are located to the west and east of the Site, 
    respectively. The county airport is also located west of the site. 
    Domestic water in the vicinity of the Site is produced by means of 
    wells into the Floridan Aquifer, the closest private well is 
    approximately 1000 feet downgradient, to the south.
        Currently, the Site consists of a land treatment area enclosed by a 
    six foot high chain-link fence topped with barbed wire, a lagoon area 
    to the southwest, and a grassed eastern section. The land treatment 
    area consists of an office, a four-acre clay lined and bermed treatment 
    area which has been seeded with native grasses, and a 750,000 gallon 
    capacity retention pond.
        The Site was proposed for the NPL in 1982. Two potentially 
    responsible parties (PRPs), the James Graham Brown Foundation and AMAX 
    Environmental Services, presently the Cyprus AMAX Minerals Company, 
    signed an Administrative Order on Consent (AOC) with EPA in September 
    1983 to conduct a Remedial Investigation/Feasibility Study (RI/FS). 
    From December 1987 through March 1988, while the RI/FS was underway, 
    AMAX/Brown removed the contents of the sludge lagoon during the winter 
    dry season and dismantled the plant facility. EPA approved of AMAX/
    Brown's proposed activities and began negotiating a Consent Order while 
    the removal proceeded. The Consent Order was completed in January 1988, 
    and the removal activities were completed in March 1988.
        The removal activities consisted of the following: removal of 
    approximately 15,000 tons of creosote sediments/sludge; treatment of 
    200,000 gallons of lagoon water; and the dismantling, decontamination, 
    and disposal of the entire plant facility. The creosote sediments/
    sludge, which came primarily from the lagoon area, were shipped to the 
    hazardous waste landfill in Emelle, Alabama. The removal cleanup 
    criteria for the contaminated soils was 5,000 mg/kg total creosote 
    substances.
        Residents near the Site are generally aware that the Site was a 
    wood treating facility sometime in the past and that it is a hazardous 
    waste site. The administrative record was placed in the information 
    repository in Live Oak, Florida on September 29, 1987. A notice 
    regarding the administrative record and a future public meeting was 
    placed in the local newspaper on October 1, 1987. The public comment 
    period began on November 25, 1987 and ended on December 16, 1987. The 
    public meeting on the RI/FS results and the presentation of the 
    selected remedy took place on December 9, 1987 in Live Oak, Florida. 
    The public meeting was attended by very few local citizens. EPA 
    received no comments from the public on the proposed selected remedy or 
    on any other facet of the project. However, reports from the Florida 
    Department of Environmental Protection's (FDEP's) local liaison and 
    from a local newspaper reporter indicated that the community is pleased 
    that EPA, FDEP and AMAX/Brown moved so rapidly to cleanup the Site.
        The Record of Decision (ROD), signed on April 18, 1988, determined 
    cleanup at the Site was needed and determined the selected remedy of 
    sludge treatment and land treatment would adequately protect public 
    health, welfare, and the environment.
        During the preparation of the Remedial Design/Remedial Action (RD/
    RA) Work Plan and the filing of the Consent Decree, a fact sheet and a 
    press release were distributed to the public. The RD/RA Work Plan for 
    the land treatment area was approved September 15, 1988.
        The Remedial Action (RA) construction of the land treatment area 
    began in October 1988 and the Consent Decree was entered on October 24, 
    1988. During RA construction, another fact sheet was generated to 
    explain RA progress at the Site.
        After the pre-final RA construction inspection on December 14, 
    1988, another updated fact sheet was generated and distributed to the 
    public announcing the final RA construction inspection to be held on 
    January 19, 1989. Subsequent to the final inspection, a press release 
    was distributed and the appropriate Congressional members were notified 
    of the pending action. The only comments received were from the Florida 
    Department of Health and Rehabilitative Services and the Suwannee 
    County Coordinator. No local citizens attended the inspection except 
    the Mayor of Live Oak and the Suwannee County Coordinator.
        The pre-final RA construction inspection was held on-site on 
    December 14, 1988. The final RA construction inspection meeting was 
    held on-site on January 19, 1989, as required for the approval of the 
    RA Construction Report and subsequent certification of RA construction 
    completion. The RA construction was completed according to the approved 
    design in the RD/RA Work Plan. Upon certification of RA construction 
    completion in April of 1989, Operation and Maintenance (O&M) activities 
    began and continued for five (5) years, as set forth in the ROD and 
    Final Site Closeout Report.
        The Final Site Closeout Report was approved by the Regional 
    Administrator of EPA on December 31, 1991. In May 1992, Remediation 
    Technologies, Inc. (RETEC) submitted a Supplemental Risk Assessment for 
    AMAX/Brown to include toxicological information which was not available 
    at the time of the Baseline Risk Assessment. O&M ended with the 
    submittal of the Semi-Annual Status Report in July 1994.
        O&M of the source control action involved two (2) years of soil 
    degradation monitoring. A six to eight inch lift of contaminated soil, 
    which had been stockpiled on-site, was added to the land treatment area 
    approximately every three months, until all of the contaminated soil 
    was in the land treatment area. The soils in the land treatment area 
    were monitored and sampled quarterly to determine effectiveness for the 
    remainder of the two (2) year O&M period for soils. At the conclusion 
    of O&M, all soil samples complied with concentrations set forth in the 
    ROD. The O&M for the groundwater began after the certification of RA 
    construction completion in April 1989, and consisted of semi-annual 
    sampling for a period of five (5) years. At the conclusion of O&M, all 
    groundwater samples complied with Federal health-based standards and 
    those set forth in the ROD.
        On March 30, 1995, the Five-Year Review Report recommended that the 
    Site be deleted from the NPL since it complies with all deletion 
    requirements.
        The results of the five year O&M program show that there are no 
    contaminants of concern existing above health based criteria levels in 
    the soil or groundwater. All aspects of the selected remedy have been 
    implemented and are protective of human health and the 
    
    [[Page 35162]]
    environment. Therefore, no unacceptable health risk is associated with 
    the Site.
        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, EPA proposes the deletion of the Site from the 
    NPL.
    
        Dated: June 19, 1995.
    Patrick M. Tobin,
    Acting Regional Administrator, USEPA Region IV.
    [FR Doc. 95-16419 Filed 7-5-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Published:
07/06/1995
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Notice of Intent to Delete Brown Wood Preserving Site from the National Priorities List; request for comments.
Document Number:
95-16419
Dates:
Comments on the Notice of Intent to Delete the Site from the NPL should be submitted on or before August 7, 1995.
Pages:
35160-35162 (3 pages)
Docket Numbers:
FRL-5254-1
PDF File:
95-16419.pdf
CFR: (1)
40 CFR 300