[Federal Register: May 20, 2004 (Volume 69, Number 98)]
[Rules and Regulations]
[Page 29076-29079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my04-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7663-3]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Odessa Chromium 2, North
and South Plumes, Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
publishing a direct final notice of deletion of the Odessa Chromium 2,
North and South Plumes, Superfund Site (Site) located in Odessa, Texas,
from the National Priorities List (NPL).
The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final notice of deletion is being published by EPA with the
concurrence of the State of Texas, through the Texas Commission on
Environmental Quality (TCEQ), because EPA has determined that all
appropriate response actions under CERCLA have been completed and,
therefore, further remedial action pursuant to CERCLA is not
appropriate.
DATES: This direct final notice of deletion will be effective July 19,
2004, unless EPA receives adverse comments by June 21, 2004. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final notice of deletion in the Federal Register informing the
public that the deletion will not take effect.
ADDRESSES: Comments may be mailed to: Donn Walters, Community Relations
Coordinator (6SF-P), U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202-
2733, (214) 665-6483 or 1-800-533-3508 (Toll Free). Comments can also
be sent by e-mail to: walters.donn@epa.gov.
Information Repositories: Comprehensive information about the
Odessa Chromium 2, North and South
[[Page 29077]]
Plumes, Superfund Site is available for viewing and copying at the
information repositories located at: U.S. Environmental Protection
Agency Region 6, 12th Floor Library, 1445 Ross Avenue, Dallas, Texas
75202-2733, (214) 665-6427, Monday through Friday 7:30 a.m. to 4:30
p.m.; Texas Commission on Environmental Quality (TCEQ), Building D,
Record Management, Room 190, 12100 North Interstate Highway 35, Austin,
Texas 78753, (512) 239-2920, Monday through Friday 8 a.m. to 5 p.m.;
Ector County Library, 321 West 5th Street, Odessa, Texas 79761, (915)
332-0633; and, Permian Basin Regional Planning Commission, 2910 La
Force Blvd., Midland International Airport, Midland, Texas 79711, (915)
563-1061.
FOR FURTHER INFORMATION CONTACT: Ernest R. Franke, P.E., Remedial
Project Manager (RPM) (6SF-AP), EPA Region 6, 1445 Ross Avenue--Suite
1200, Dallas, Texas, 75202-2733, (214) 665-8521 or 1-800-533-3508 (Toll
Free) or by e-mail, franke.ernest@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
The EPA Region 6 is publishing this direct final notice of deletion
of the Odessa Chromium 2, North and South Plumes, Superfund Site from
the NPL.
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. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions if conditions
at a deleted site warrant such action.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective July 19, 2004, unless
EPA receives adverse comments by June 21, 2004, on this notice to
delete published in the ``Proposed Rules'' section of today's Federal
Register. If adverse comments are received within the 30-day public
comment period on this notice to delete, EPA will publish a timely
withdrawal of this direct final notice of deletion before the effective
date of the deletion and the deletion will not take effect. The EPA
will, as appropriate, prepare a response to comments and continue with
the deletion process on the basis of the notice of intent to delete and
the comments already received. There will be no additional opportunity
to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Odessa Chromium 2, North and
South Plumes, Superfund Site and demonstrates how it meets the deletion
criteria. Section V discusses EPA's action to delete the Site from the
NPL unless adverse comments are received during the public comment
period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from 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:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) response under CERCLA has 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,
the taking of remedial measures is not appropriate.
If new information becomes available which indicates a need for
further action, EPA may initiate remedial actions. Whenever there is a
significant release from a site deleted from the NPL, the deleted site
may be restored to the NPL without application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to deletion of OU No. 1 and No. 2:
(1) The EPA consulted with the State of Texas through the Texas
Commission on Environmental Quality (TCEQ), on the deletion of the
Odessa Chromium 2, North and South Plumes, Superfund Site from the NPL
prior to developing this direct final notice of deletion.
(2) The State of Texas through the TCEQ concurred with deletion of
OU-1 and OU-2 of the Odessa Chromium 2, North and South Plumes,
Superfund Site from the NPL in a letter dated November 19, 2003
(appendix A).
(3) Concurrently with the publication of this direct final notice
of deletion, a notice of the availability of the parallel notice of
intent to delete published today in the ``Proposed Rules'' section of
the Federal Register is being published in the local newspaper of
general circulation at or near the Odessa Chromium 2, North and South
Plumes, Superfund Site and is being distributed to appropriate Federal,
state, and local government officials and other interested parties; the
newspaper notice announces the 30-day public comment period concerning
the notice of intent to delete Odessa Chromium 2, North and South
Plumes, Superfund Site from the NPL.
(4) The EPA placed copies of documents supporting the deletion of
the Odessa Chromium 2, North and South Plumes, Superfund Site in the
information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this notice or the companion notice of intent to
delete also published in today's Federal Register, EPA will publish a
timely notice of withdrawal of this direct final notice of deletion
before its effective date and will prepare a response to comments and
continue with the deletion process on the basis of the notice of intent
to delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Odessa Chromium 2, North and South Plumes, Superfund Site from the NPL.
Site Location
The Odessa Chromium 2 Site is located and bounded
approximately by 57th Street on the north, 50th Street on the south,
Andrews Highway on the east, and a line which extends from Arthur
Avenue north to 57th Street. Chromium was the contaminant of concern
present in soil and ground water at the Site. Other heavy metal
contaminants discovered during field investigations were below levels
of concern. Apparently the contaminants entered the soil, and
ultimately the ground water, from two source locations. One was on the
corner of 57th
[[Page 29078]]
Street and Andrews Highway, the other at 5329 Andrews Highway. The two
locations resulted in two plumes of ground water contamination at the
Site, known as the North Plume and the South Plumes. The North Plume
area is north of 54th Street, and the South Plume area is located south
of 54th Street.
Site History
The EPA first proposed the Odessa Chromium 2, North and South
Plumes, Superfund Site for inclusion on the National Priorities List
(NPL) in October 15, 1984, 49 FR 40320, 51 FR 21087. The North and
South Plume locations had manufacturing and industrial operations that
included the on-site disposal of water containing chromium. The
chromium had contaminated drinking water supply wells serving
residential, commercial, and industrial properties. The contamination
was discovered after residents complained of discolored water. On
September 8, 1986, the first Record of Decision (ROD) was signed for
Operable Unit I (OU-1), the Alternate Water Supply (AWS). The remedy
selected was an extension of the Odessa city water system to include
potable water service to these areas.
The design of the AWS system was completed during December 1987,
and the alternate water supply contract notice to proceed was issued on
May 23, 1988. On November 3, 1988, the construction of 1190 linear feet
of eight-inch water mains, 10 fire hydrants, necessary valves and
fittings, 125 service taps and 106 meter boxes and meters and service
connections was finalized by the City, and inspected and determined to
be substantially complete by the EPA and the TCEQ, formerly the Texas
Water Commission (TWC) and then the Texas Natural Resource Conservation
Commission (TNRCC).
Remedial Investigation and Feasibility Study (RI/FS)
The State of Texas, through the Texas Natural Resource Conservation
Commission (TNRCC) entered into a Cooperative Agreement with the EPA on
September 26, 1984, to perform a Remedial Investigation (RI) and
Feasibility Study (FS). The RI fieldwork (soils, ground water,
sediment, and air sampling) began in August 1985 and a draft report was
submitted in April 1986.
Further fieldwork (soils sampling) was conducted in November 1986,
and a final RI report was accepted by TNRCC and EPA on May 1, 1987. A
final draft report addressing comparison of the potential remedial
alternatives was submitted in December 1987.
Based on these results, the soil was not the subject of a response
action at the Odessa Chromium 2, North and South Plumes, Site:
therefore, Operable Unit 2 (OU-2) addressed remediation of the ground
water contamination and required additional investigation. The Remedial
Investigation and Feasibility Study (RI/FS) for OU-2 characterized the
affected ground water for both the North and South Plumes and was also
conducted by the TNRCC. The final combined RI and FS were completed on
March 18, 1988, and testing conducted during the RI/FS confirmed that
total Site chromium concentrations in ground water exceeded 0.05
milligrams per liter (mg/l), the EPA's Maximum Contaminant Level (MCL)
for total chromium at the time of the RI/FS investigation.
The land usage in the vicinity of the site was quite different in
1986 than at present. In 1986, there was considerable business activity
in the area, with small repair yards and oil industry vehicle and
machine support activities. There were also numerous residential mobile
homes in the area. All of these activities were supported with water
drawn from the Trinity Aquifer by private wells.
During the Remedial Investigation for OU-2, more than 400 wells
were identified within a one-half mile radius of the Site, of which
more than 300 were sampled and analyzed for total and hexavalent
chromium. By 1994, many of the businesses and residents in the vicinity
of the Site had left. In addition, the use of many of the private wells
has been discontinued. Of the wells sampled, 13 were found to exceed
the federally regulated drinking water standard for chromium of 0.05
mg/l. In addition, 12 new wells were installed within the Trinity
aquifer and eight wells were installed in the perch zone during the
remedial investigation. Of the new monitoring wells, seven contained
chromium levels which significantly exceeded the drinking water
standard. Contamination levels are highest in the perched zone (9.9 mg/
l), and the Trinity aquifer has levels up to 3.3 mg/l. The north and
south plumes are separated by 54th Street which is an east-west street
in bearing, and the south plume being southward from 54th Street.
Characterization of Risk
A site-specific risk assessment was conducted as part of the RI/FS
activities. Chromium concentrations present in Site soil are comprised
of trivalent and hexavalent chromium. Trivalent chromium is not
carcinogenic; however, hexavalent chromium is considered a carcinogen
via the inhalation mode of exposure. Analytical data from the Site
indicated the chromium concentrations found in the soil at the Site
posed no significant risk to human health or the environment. In
addition, extraction procedures leach toxicity test data conducted at
the Site validated the contaminated soil resulted in no leachable
chromium in excess of the EPA acceptable limit (5mg/l). Therefore, soil
remediation was not considered necessary for the protection of human
health and the environment.
Results of the risk assessment indicate that remedial action was
required to reduce the potential for exposure through the consumption
of contaminated ground water. The Agency for Toxic Substances and
Disease Registry (ATSDR) supports this interpretation of the risk
assessment for OU-2 which is Attachment B to the final ROD.
Record of Decision Findings for the OU-2
The ROD for OU-2, Ground Water, was signed on March 18, 1988, and
the selected remedy required the following: Extraction of chromium-
contaminated ground water from the perched water-bearing zone and the
Trinity Aquifer; electrochemical treatment of ground water which
exceeds the Primary Drinking Water Standard for chromium; reinjection
of the treated ground water into the Trinity Aquifer; and, monitoring
the site for a minimum of 30 years.
Remedial Design and Cleanup Activities performed on the plumes were
activated by a Remedial Action Plan (RAP) for electrochemical
treatment, which was approved by EPA in December of 1991 for both the
North and South plumes. However, a potentially responsible party, Sequa
Corporation, agreed to perform the remedy for the North Plume. The
Consent Decree, which was effective on July 16, 1991, required Sequa
Corporation to implement the remedy described in the ROD at the North
Plume. On March 25, 1992, Sequa Corporation petitioned EPA to change
the ground water treatment from electrochemical to ion exchange, citing
lower projected remedial costs and the limited ability of
electrochemical treatment to remove chromium present in the ground
water in low concentrations.
The EPA issued an Explanation of Significant Differences (ESD) on
June 28, 1994, to change the remedy from electrochemical treatment to
treatment by ion exchange, subject to successful performance of the new
technology.
[[Page 29079]]
The EPA issued a second ESD dated October 25, 1999, to permit use
of ferrous sulfate treatment on the north and south plume, and a third
ESD dated September 10, 2003, to eliminate the extended 30-year
monitoring of the Site after completion of the remedial action on both
the North and South Plumes.
The State of Texas (TCEQ) concurred with the Record of Decisions
for OU-1 on September 8, 1986 and for OU-2 on March 18, 1988. The
stated ESDs dated June 28, 1995; October 24, 1999; and September 10,
2003, respectively, had formal written concurrences from both TCEQ and
Sequa.
Cleanup Standards
On January 1, 1991, the Primary Drinking Water Standard for
chromium changed from 0.05 mg/l to 0.10 mg/l total chromium. The ground
water cleanup standard for chromium on the Site was revised
accordingly. Despite the change in the drinking water standard,
concentrations of chromium in the North and South plumes, still
exceeded the MCL of 0.10 mg/l.
Operation and Maintenance and Five-Year Review
As of June 2002, all wells at the Odessa Chromium 2 Site
had met the project cleanup goal of remaining below the 0.1 mg/l MCL
for total chromium for a period of three consecutive months. The EPA
issued an ESD on September 10, 2003, which contained sampling results
from more than eight years of quarterly monitoring for both the North
Plume and the South Plume. After evaluation of these data, it was
determined that the 30-year monitoring period requirement could be
discontinued. Because this remedy will not result in hazardous
substances, pollutants, or contaminants remaining on-site above levels
that allow for unlimited use and unrestricted exposure, Operation and
Maintenance activities and five-year reviews are not required for this
Site.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the Deletion Docket for the Odessa Chromium 2
Site which EPA relied on for recommendation of the deletion from the
NPL are available to the public in the information repositories which
can be found at the Ector County Library, Odessa, Texas; Permian Basin
Regional Planning Commission, Midland International Airport, Midland,
Texas; the EPA Region 6 Library in Dallas, Texas; and the TCEQ Library
in Austin, Texas.
V. Deletion Action
The EPA, with concurrence of the State of Texas, through the TCEQ,
has determined that all appropriate responses under CERCLA have been
completed, and that no further response actions, under CERCLA are
necessary. Therefore, EPA is deleting the Odessa Chromium 2, North and
South Plumes, Superfund Site from the NPL. This deletion includes the
deletion of both OU-1 and OU-2 from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective July 19, 2004, unless
EPA receives adverse comments by June 21, 2004, on a parallel notice of
intent to delete published in the ``Proposed Rule'' section of today's
Federal Register. If adverse comments are received within the 30-day
public comment period on the proposal, EPA will publish a timely
withdrawal of this direct final notice of deletion before the effective
date of the deletion and it will not take effect, and EPA will prepare
a response to comments and continue with the deletion process on the
basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: April 28, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
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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]
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2. Table 1 of Appendix B to Part 300 is amended by removing the entry
for the Odessa Chromium 2 (Andrews Highway), Odessa, Texas.
[FR Doc. 04-11218 Filed 5-19-04; 8:45 am]
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