[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Proposed Rules]
[Pages 43898-43900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22059]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6146-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent for partial deletion of Source Areas 1, 2, 3,
7, 8, 9 and 10 from the Bypass 601 Groundwater Contamination Superfund
Site, Concord, Cabarrus County, North Carolina, from the National
Priorities List.
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SUMMARY: The United States Environmental Protection Agency (US EPA),
Region IV, announces its intent to delete Source Areas 1, 2, 3, 7, 8,
9, and 10 from the Bypass 601 Groundwater Contamination (Bypass 601)
National Priorities List (NPL) Site, located in Concord, Cabarrus
County, North Carolina, 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),
promulgated by EPA, pursuant to section 105 of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of
1980, as amended. EPA and the State of North Carolina Department of
Environment and Natural Resources (NC DENR) have determined that Source
Areas 1, 2, 3, 7, 8, 9, and 10 pose no significant threat to public
health or the environment and, therefore, additional CERCLA remedial
measures are not appropriate.
This notice of intent to delete pertains to both soil and
groundwater at the seven (7) source areas mentioned above. The
contamination, which was a result of the disposal practices of the
Martin Scrap Recycling (MSR) Facility, has been remediated. The
remainder of the source areas are being addressed by ongoing CERCLA
activities.
DATES: EPA will accept comments concerning its partial deletion
proposal until September 16, 1998.
ADDRESSES: Comments may be mailed to: Giezelle S. Bennett, US EPA,
Region IV, 61 Forsyth Street, SW, Atlanta, GA 30303.
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 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,
US EPA, Region IV, 61 Forsyth St, SW, Atlanta, GA 30303. 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 Charles A. Cannon Memorial Library, 27 Union Street,
North, Concord, NC 28025. The telephone number is 704-788-3167.
FURTHER INFORMATION CONTACT: Please contact either Giezelle Bennett or
Diane Barrett at 1-800-435-9233, US EPA Region IV, 61 Forsyth St, SW,
Atlanta, GA 30303.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Source Area Deletions
I. Introduction
This document is to announce EPA's intent to delete Source Areas 1,
2, 3, 7, 8, 9, and 10 of the Bypass 601 Site from the NPL. It also
serves to request public comments on the partial deletion proposal.
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 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. EPA accepts
comments on the proposal to delete a Site from the NPL for thirty (30)
days after publication of this document in the Federal Register.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites or
delete parts of 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
critieria for site deletion:
(1) Responsible or other parties have implemented all appropriate
response actions required.
(2) All appropriate response actions under CERCLA have been
implemented and no further response actions are deemed necessary.
(3) 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 Procedures
EPA Region IV will accept and evaluate public comments before
making a final decision to delete. Comments from the local community
[[Page 43899]]
may be the most pertinent to deletion decisions. The following
procedures were used for the intended deletion of Source Areas 1, 2, 3,
7, 8, 9, and 10 from the Bypass 601 Site:
(1) EPA Region IV has recommended deletion and has prepared the
relevant documents.
(2) The State has concurred with the decision to delete Source
Areas 1, 2, 3, 7, 8, 9, and 10.
(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 of Partial Deletion.
(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)(3) 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 deletion of these Source Areas from the Site, EPA will
accept and evaluate public comments on this Notice of Intent of Partial
Deletion 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.
The NPL will reflect any deletions in the next publication of the
final rule. Public notices and copies of the Responsiveness Summary
will be made available to local residents by Region IV.
IV. Basis for Intended Source Area Deletions
The following Site summary provides the Agency's rationale for the
proposed intent for partial deletion of specific source areas of this
Site from the NPL.
The Bypass 601 Site is defined as an area located on the western
edge of Concord, North Carolina in which groundwater is contaminated by
multiple sources. The Martin Scrap Recycling (MSR) facility, which
operated as a battery salvage and recycling facility from approximately
1966 to 1986, is one of the major sources of contamination. Ten other
source areas of contamination related to battery disposal were
identified in the area. They are:
Source Area 1 is located adjacent to Unnamed Stream #1,
west of Bypass 601. This area is located in a heavily wooded steep
terrain behind an auto sales dealership (proposed for deletion). All
soil and debris containing contaminants above the soil cleanup levels
(SCLs) has been removed from this Source Area. Groundwater is not
contaminated.
Source Area 2 is located south of Montford Avenue and west
of Bypass 601. A mobile trailer is currently on this property (proposed
for deletion). All soil and debris containing contaminants above the
SCLs has been removed from this Source Area. Groundwater is not
contaminated.
Source Area 3 is located at 72 Sumner Avenue. A mobile
trailer is currently on the property (proposed for deletion). All soil
and debris containing contaminants above the SCLs has been removed from
this Source Area. Groundwater is not contaminated.
Source Area 4 consists of the commercial property occupied
by an abandoned flea market and is located north and adjacent to the
MSR facility (not proposed for deletion). Contaminants at this Source
Area are being addressed through an ongoing remedial action.
Source Area 5 is located at a private landfill along the
eastern boundary of the MSR facility (not proposed for deletion).
Contaminants at this Source Area are being addressed through an ongoing
remedial action.
Source Area 6 is located behind a tire store on the corner
of McGill and Bypass 601 (not proposed for deletion). Contaminants at
this Source Area will be addressed through institutional controls.
Source Area 7 is the radio tower site located
approximately \1/4\-mile north of the MSR facility (proposed for
deletion). No soil or debris containing contaminants above the SCLs
were found at this Source Area. Groundwater is not contaminated.
Source Area 8 consists of the floodplain area south of
Unnamed Stream #1 (proposed for deletion). All soil and debris
containing contaminants above the SCLs has been removed from this
Source Area. Groundwater is not contaminated.
Source Area 9 is located south of Montford Avenue and lies
southeast of Source Area 2 (proposed for deletion). All soil and debris
containing contaminants above the SCLs has been removed from this
Source Area. Groundwater is not contaminated.
Source Area 10, located adjacent to Unnamed Stream #2, is
bordered to the north, west, and south by Barnhardt Avenue, Groff
Street, and Montford Avenue, respectively (proposed for deletion). All
soil and debris containing contaminants above the SCLs has been removed
from this Source Area. Groundwater is not contaminated.
The MSR facility dealt in the recovery of scrap metal, most notably
lead, which was recovered from scrap vehicle batteries. The batteries
were ``cracked'' by sawing off the tops with an electric saw. Lead
plates were then removed from the batteries for reclamation. The waste
from this operation consisted of the sulfuric acid (contaminated with
lead) from the batteries, and battery casings. Lead and other heavy
metals were found in the soil; lead and three volatile organic
compounds (VOCs) (1,2-dichloroethene, carbon tetrachloride, and
benzene) were found in the groundwater at some of the Source Areas. The
facility reportedly operated from 1966 to 1986. The ten other source
areas were discovered during the Remedial Investigation. Source Areas 2
and 6 were also reported to have been used for reclamation operations
by Mr. Martin prior to the MSR's present location.
The Bypass 601 Site was added to the National Priorities List (NPL)
in June 1986.
A Remedial Investigation and Feasibility Study (RI/FS) completed in
1990, identified metal contamination of soils throughout the MSR
facility (Operable Unit #1). A second RI/FS was completed in 1993 on
the ten source areas and the groundwater (Operable Unit #2). During the
second RI/FS, a removal was conducted by EPA on four of the Source
Areas (1, 2, 9, and 10) that presented an immediate risk to human
health. Approximately 14,000 cubic yards of contaminated soil and
debris were excavated from these source areas and then stockpiled at
the MSR facility. This material was subsequently covered with a 20-mil
liner.
In the April 1993 Record of Decision (ROD), contaminated soil and
debris found in Source Areas 2, 3, 6, 8, and 9 were slated for removal.
These source areas are located in residential areas and the residents
expressed a desire for the cleanup to occur as soon as possible.
Therefore, in September 1996, during the Remedial Design phase, the
Potentially Responsible Parties (PRPs) initiated the removal of soil
from these outlying areas. An estimated 16, 750 cubic yards of
contaminated soil and debris were removed. Post-excavation sampling
confirmed that all contaminants remaining in the Source
[[Page 43900]]
Area soils were below the SCLs identified in the ROD. The soils were
transported to the MSR facility and stockpiled. The MSR facility, and
Source Areas 4 and 5 are currently being capped with a multi-layer cap.
Currently, all stockpiled materials (from both removals) have been
solidified/stabilized as part of the ongoing remedial action. In
addition, as a result of the ongoing remedial action, monitoring wells
were removed from the outlying source areas in June 1998.
There are no institutional controls for Source Areas 1, 2, 3, 7, 8,
9, and 10. A five-year review will not be conducted at these Source
Areas due to the fact that soil and groundwater contaminants are below
the SCLs. The concentrations found in the samples taken do not present
a current or future threat to public health or the environment.
EPA, with concurrence of the State of North Carolina, has
determined that all appropriate responses under CERCLA for Source Areas
1, 2, 3, 7, 8, 9, and 10 have been completed, and that no further
activities by responsible parties are deemed necessary. Therefore, EPA
proposes to delete these Source Areas from the NPL.
Dated: August 5, 1998.
A. Stanley Meiburg,
Deputy Regional Adminstrator, Region IV.
[FR Doc. 98-22059 Filed 8-14-98; 8:45 am]
BILLING CODE 6560-50-P
