[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Rules and Regulations]
[Pages 50457-50459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24039]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6438-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Action to Delete the Dutchtown Oil Treatment
Superfund Site from the National Priorities List.
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SUMMARY: The United States Environmental Protection Agency (EPA)
announces its direct final action to delete the Dutchtown Oil Treatment
Superfund Site (Site), located in Ascension Parish, Louisiana, from the
National Priorities List (NPL). The NPL is Appendix B of 40 CFR part
300 which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which the EPA promulgated pursuant to section
105 of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980, 42 U.S.C. 9605, as amended. This direct
final action to delete is being taken by the EPA, with the concurrence
of the State of Louisiana, because the EPA has determined that
responsible parties have implemented all appropriate response actions
required, and such actions remain protective of public health and the
environment.
DATES: This direct final action will be effective November 16, 1999,
unless the EPA receives significant adverse or critical comments by
October 18, 1999. If adverse comments are received, we will publish a
timely withdrawal of the direct final rule in the Federal Register and
inform the public that the rule will not take effect.
ADDRESSES: Comments may be mailed to Ms. Janetta Coats, Community
Relations Coordinator (6SF-PO), U.S. Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214)
665-6617.
Information Repositories: Comprehensive information on the Site is
available for viewing and copying at the Site information repositories
at the following locations: U.S. EPA Region 6 Library (12th Floor),
1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6424/665-6427;
Louisiana Department of Environmental Quality, 7290 Bluebonnet Road,
Baton Rouge, Louisiana 70809, (225) 765-0487; Ascension Parish Library,
708 S. Irma Blvd., Gonzales, LA 70737, (504) 647-3955.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen L. Tzhone, Remedial
Project Manager (6SF-LP), U.S. Environmental Protection Agency, Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-
8409.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Action
I. Introduction
The EPA Region 6 announces the deletion of the Site from the NPL
and requests comments on the deletion. The EPA identifies sites that
appear to present a significant risk to public health or the
environment and maintains the NPL as the list of those sites. Sites on
the NPL may be subject to response actions financed by the Hazardous
Substance Superfund (Fund). As stated in Sec. 300.425(e)(3) of the NCP,
sites deleted from the NPL remain eligible for further Fund-financed
remedial actions should future conditions at the site warrant such
action.
The EPA will accept comments concerning this direct final action to
delete for 30 days after publication of this document in the Federal
Register. If no significant adverse or critical comments are received,
the Site will be deleted from the NPL effective November 16, 1999.
However, if significant adverse or critical comments are received
within the 30 day comment period, the EPA will publish a notice of
withdrawal of this direct final action to delete within 60 days of
publication of the original document and prepare a response to the
comments and continue with the rulemaking process on the basis of the
proposal to delete and the comments already received.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures the EPA is using
for this action. Section IV discusses the Site and how the Site meets
one of the criteria. Section V states the EPA's action to delete Site
from the NPL.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from or recategorized on the NPL where no further response is
appropriate. In making a determination to delete a release from the
NPL, EPA shall consider, in consultation with the State, whether any of
the following criteria have been met:
Responsible parties or other persons have implemented all
appropriate response actions required;
All appropriate Fund-financed response under CERCLA has
been implemented, and no further response action by responsible parties
is appropriate; or
The remedial investigation has shown that the release
poses no significant threat to public health or the environment and,
therefore, taking of remedial measures is not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the site above levels that allow
for unlimited use and unrestricted exposure, a subsequent review of the
site will be conducted at least every five years after the initiation
of the remedial action at the site to ensure that the site remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, the EPA
may initiate remedial actions. Whenever there is a significant release
from a site deleted from the NPL,
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the site may be restored to the NPL without application of the hazard
ranking system.
III. Deletion Procedures
The following procedures apply to the deletion of the Site:
The EPA consulted with the State of Louisiana on this
deletion from the NPL prior to developing this direct final action to
delete.
The EPA provided the State of Louisiana at least 30
working days for review of this direct final action to delete prior to
its publication in the Federal Register, and the State of Louisiana
concurred with this direct final action to delete.
Concurrently with publication of this direct final action
to delete, a notice of availability of this direct action to delete is
being published in a major local newspaper of general circulation at or
near the Site and is being distributed to appropriate Federal, State,
and local officials and other interested parties; said notice announces
the 30 day public comment period concerning the intended deletion.
The EPA has placed copies of information supporting the
deletion in the information repositories, which information is
available for public inspection and copying.
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 informational purposes and to assist the EPA management.
The EPA Region 6 will accept and evaluate public comments on the
EPA's direct final action to delete before the EPA makes a final
decision. If necessary, the EPA will prepare a responsiveness summary
to address any significant public comments received. If no significant
adverse or critical comments are received during the comment period,
the Site will be deleted from the NPL effective November 16, 1999.
IV. Basis for Site Deletion
The following information provides the EPA's rationale for deleting
this Site from the NPL:
A. Background
The Site is an abandoned waste oil reclamation plant located at the
intersection of Interstate 10 and Highway 74 in Ascension Parish,
Louisiana. Previously located on this 5-acre Site were a holding pond,
waste pit, seven above ground vertical storage tanks, two small
horizontal tanks, and a railroad tank car used as a horizontal tank.
Monitoring wells are currently scattered throughout the perimeter of
the Site.
B. Expedited Response Action Activities
The EPA issued an action memorandum for an expedited response
action (ERA) on March 25, 1988. A consent decree between EPA and
responsible parties to design and implement the ERA was entered on May
23, 1990.
Mobilization for the ERA began in November 1990, and field
activities were conducted from January 1991 through August 1991. The
ERA field activities consisted of:
Removal of the contents of the holding pond, waste oil
pit, and the above ground storage tanks,
Treatment and disposal of water from the pits,
decontamination activities, and tank cleaning, and
Excavation and treatment of the soils under the waste pits
and holding ponds by soil washing to concentrations less than 4 parts
per million of benzene.
During the ERA field activities, the following waste quantities
were removed and treated:
449,810 gallons of waste oil from the holding pond, waste
oil pit, and tanks were recovered, blended, and shipped for
incineration;
3,451,999 gallons of stormwater from the waste oil pit and
the holding pond were treated in the water treatment unit: 2,400,695
gallons of water were discharged and 1,051,304 gallons of water were
routed to the soil washing unit; and
4,400 cubic yards of soil were treated by soil washing to
concentrations of less than 4.0 ppm, stabilized with fly ash, and
placed as backfill into the pond and pit.
Following completion of the ERA field activities, a French
collection drain was installed in the waste oil pit which recovered
75,792 gallons of ground water through August 24, 1992. Compacted caps
of imported clay were installed over the backfilled holding pond, the
French collection drain, and the areas previously occupied by the
storage tanks.
C. Remedial Investigation And Feasibility Study Activities
On August 7, 1989, the EPA entered into an administrative order on
consent by which a number of responsible parties agreed to perform the
remedial investigation (RI) and feasibility study (FS) for the Site.
The RI/FS was started concurrently with the ERA and continued after its
completion. Soil and ground water investigations during the RI
identified risk due to residual contamination within the unusable
shallow water bearing zone (Class III classification). Remediation
alternatives to address the remaining contamination at the Site were
evaluated in the FS, including using natural attenuation, ground water
monitoring, and institutional controls to address the residual
contamination. The FS was completed in May 1993.
D. Record Of Decision
A Record Of Decision (ROD) for the Site was issued by the EPA on
June 20, 1994. Within the ROD, no remedial action (RA) numerical goals
were specified because there were no pathways which existed between the
residual contaminants within the unusable shallow water bearing zone
and any potential receptor population. Also, exposure to surface and
subsurface soils at the Site would not result in any excess risk to
human health and the environment under current and no action
conditions. Therefore, the remedy provided for continued ground water
monitoring at the Site to observe that residual contaminants naturally
attenuate on their own. RA numerical goals were not needed since the
Site posed no excess risk to human health or the environment.
The components of the ROD's selected remedy include:
Continued ground water monitoring,
Institutional controls (deed notices and land use
restrictions),
Installation of additional monitoring wells,
Maintenance of existing caps and fence,
Close out of the residential well on property of adjacent
residence and drilling of a replacement well, and
Contingency measures to be implemented if ground water
monitoring indicates an increase in contaminant concentrations (either
vertically or horizontally).
A unilateral administrative order (UAO) was issued by the EPA on
December 30, 1996, and subsequently amended on January 15, 1997. The
UAO for the Site required the responsible parties to implement the
remedy as selected in the ROD.
E. Remedial Action Activities
RA activities associated with the selected remedy were implemented
during August 1997 by the responsible parties with oversight by the EPA
and the Louisiana Department of Environmental Quality (LDEQ).
The Site RA activities included:
Installing Monitor Well MW-21,
Sampling all Site wells,
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Plugging and abandoning the adjacent residential well,
Installing restriction signs,
Inspecting caps and monitor wells, and
Mowing vegetation.
The RA analytical data indicated a significant decrease in residual
contaminant concentrations within the unusable water bearing zone.
There were no off-site ground water impacts.
F. Pre-Final Inspection Activities
A pre-final inspection was conducted by EPA and LDEQ on October 29,
1997. After the inspection, the following activities were completed:
Additional warning signs were placed at the entrance gate;
Perimeter fence at the northeast and northwest corners and
along the eastern side of the Site was repaired;
Perimeter fence was cleared of major vegetation; and
Several monitoring wells were upgraded with installation
of locks, protective posts, shroud, and concrete pad.
Following the completion of these activities, an RA Report was
completed on December 12, 1997.
G. Preliminary Close Out Report
A preliminary close out report (PCOR) was completed on January 12,
1998. The PCOR states that all RA field activities have been completed
and only LTRA ground water monitoring activities associated with
natural attenuation are continuing.
H. Long-Term Remedial Action Activities (LTRA)
LTRA ground water monitoring activities continued following the
completion of RA field activities. The ground water monitoring data
contained within the RA Report, dated December 12, 1997, and the 1st
Year Natural Attenuation Report, dated September 1998, revealed that
residual contaminants have decreased in concentrations within the
unusable shallow water bearing zone since the ERA.
I. Final Close Out Report
The final close out report, completed in August 1999, detailed that
all Site response actions, including the LTRA, were accomplished in
accordance with CERCLA and consistently with the NCP. Since the Site
did not have any RA numerical goals, and data from the RA and LTRA
showed that natural attenuation had been taking place, EPA concluded
that LTRA activities have been completed and that ground water
monitoring and inspection activities will continue through the
operation and maintenance stage.
Based on the completion of the activities listed above, the EPA
concludes that responsible parties have implemented all appropriate
response actions required and that the Site should be deleted from the
NPL.
J. Characterization of Risk
The EPA actions taken to prevent overflow of a contaminated lagoon,
cleanup of a diesel fuel spill, and capping a contaminated area at the
Site have limited the spread of contaminated wastes, greatly lessened
the potential for exposure to contaminants at the Site, and reduced
environmental risk for approximately 4,000 people living within 3 miles
of the Site. Continued ground water monitoring at the Site will provide
data on the residual contaminants' natural attenuation process within
the unusable shallow water bearing zone.
K. Community Involvement
Public participation activities required by CERCLA section 113(k),
42 U.S.C. 9613(k), and CERCLA section 117, 42 U.S.C. 9617, have been
satisfied. Documents which the EPA relied on for Site deletion from the
NPL are available to the public in the information repositories.
V. Action
The EPA, with concurrence of the State of Louisiana, has determined
that the Site poses no significant threat to human health or the
environment, and all appropriate responses under CERCLA at the Site
have been completed and that no further response actions, other than
O&M and five year reviews, are necessary. Therefore, the EPA is
deleting this Site from the NPL.
Because the EPA considers this action to be noncontroversial and
routine, the EPA is taking this action without prior proposal. This
direct final action will be effective November 16, 1999, unless the EPA
receives significant adverse or critical comments by October 18, 1999.
If significant adverse or critical comments are received, the EPA will
publish a timely withdrawal of this action in the Federal Register.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Penalties, Reporting and recordkeeping requirements,
Superfund, Water pollution control, Water supply.
Dated: August 31, 1999.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[AMENDED]
1. The authority citation for part 300 continues to read as
follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
2. Table 1 of Appendix B to Part 300 is amended by removing
Dutchtown Treatment Plant, Ascension Parish, Louisiana.
[FR Doc. 99-24039 Filed 9-16-99; 8:45 am]
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