[Federal Register: August 4, 2004 (Volume 69, Number 149)]
[Proposed Rules]
[Page 47072-47074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au04-30]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7796-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete Dubose Oil Production Company site
from the National Priorities List: request for comments.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces
its intent to delete the Dubose Oil Production Company Site from the
National Priorities List (NPL) and requests public comment on this
proposed action. The NPL constitutes Appendix B to 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 (CERCLA) of 1980, as amended. EPA and the State of
Florida Department of Environmental Protection (FDEP) have determined
that the Site poses no significant threat to public health or the
environment and therefore, further response measures pursuant to CERCLA
are not appropriate.
DATES: Comments concerning this Site may be submitted on or before:
September 3, 2004.
ADDRESSES: Comments may be mailed to: Winston A. Smith, Director, Waste
Management Division, U.S. Environmental Protection Agency, Atlanta
Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Comprehensive information on this Site is available through the
Region 4 public docket, which is available for viewing at the DOPC site
information repositories at two locations. Locations, contacts, phone
numbers and viewing hours are:
U.S. EPA Record Center, attn:Ms. Debbie Jourdan, Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone:
(404)562-8862, Hours: 8 a.m. to 4 p.m., Monday through Friday By
Appointment Only.
University of Florida Library, 11100 University Parkway, Pensacola,
Florida 32514, Phone: (850) 484-6471, Hours: 8 a.m. to 10 p.m., Monday
through Thursday 8 a.m. to 6
[[Page 47073]]
p.m., Friday 10 a.m. to 6 p.m., Saturday. 1 p.m. to 5 p.m., Sunday.
FOR FURTHER INFORMATION CONTACT: Caroline Robinson, U.S. EPA Region 4,
Mail Code: WD-SRTSB, Atlanta Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960, (404) 562-8930.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The EPA Region 4 announces its intent to delete the DOPC site,
Cantonment, Florida, from the NPL, which constitutes Appendix B of the
NCP, 40 CFR part 300, and requests comments on this deletion. EPA
identifies sites on the NPL that appear to present a significant risk
to public health, welfare, or the environment. Sites on the NPL may be
the subject of remedial actions financed by the Hazardous Substance
Superfund 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 if conditions at the site warrant such action.
EPA proposes to delete the DOPC site, located at Hwy C97 in
Cantonment, Escambia County, Florida from the NPL.
EPA will accept comments concerning this Site for thirty 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 this Site meets the deletion
criteria.
II. NPL Deletion Criteria
The NCP establishes the criteria that the Agency uses to delete
sites from the NPL. In accordance with 40 CFR 300.425(e), sites may be
deleted from, or re-categorized on, the NPL where no further response
is appropriate. In making this determination, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
(i) Responsible or other parties have implemented all appropriate
response actions required;
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented and no further 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, taking of remedial measures is not appropriate.
CERCLA section 121(c), 42 U.S.C. 9621(c), provides in pertinent
part that:
If the President selects a remedial action that results in any
hazardous substances, pollutants, or contaminants remaining at the
Site, the President shall review such remedial action no less often
than each five years after the initiation of such remedial action to
assure that human health and the environment are being protected by
the remedial action being implemented. * * *
EPA policy interprets this provision of CERCLA to apply to those
sites where treated, in this case solidified, waste remains on-site. On
that basis, for reasons set forth below, the statutory requirement has
been satisfied at this Site, and five year reviews and operation and
maintenance activities will be required. In the event new information
is discovered which indicates a need for further action, EPA may
initiate appropriate remedial actions. In addition, whenever there is a
significant release from a site previously deleted from the NPL, that
site may be restored to the NPL without application of the Hazardous
Ranking System. Accordingly, the Site is qualified for deletion from
the NPL.
III. Deletion Procedures
EPA will accept and evaluate public comments before making a final
decision on deletion. The following procedures were used for the
intended deletion of the Site:
1. FDEP has concurred with the deletion decision;
2. Concurrently with this Notice of Intent, a notice has been
published in local newspapers and has been distributed to appropriate
federal, state and local officials and other interested parties
announcing a 30-day public comment period on the proposed deletion from
the NPL; and
3. The Region has made all relevant documents available at the
information repositories.
The Region will respond to significant comments, if any, submitted
during the comment period.
Deletion of the Site from the NPL does not itself create, alter, or
revoke any individual rights or obligations. The NPL is designed
primarily for informational purposes to assist Agency management.
A deletion occurs when the Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect any
deletions in the final update following the Notice. Public notices and
copies of the Responsiveness Summary, if any, will be made available to
local residents by the Regional office.
IV. Basis for Intended Site Deletion
The following site summary provides the Agency's rationale for the
intention to delete this Site from the NPL.
The Dubose Oil Products Company Site is located at Hwy C97
Cantonment, Escambia County, Florida. The inactive Site is 10 acres in
size and it was used as a waste disposal storage, treatment, recycling,
and disposal facility. The surrounding land use is primarily rural
agricultural.
The Dubose Oil Production Company Site was operated as a waste
storage, treatment, recycling and disposal facility. The facility
received waste oils, petroleum refining waste, spent solvents, and wood
treating waste for processing and recovery operations and disposal.
Waste arrived via tanker trucks and in 55 gallon drums. The facility
used a batch thermal treatment process to recover a usable oil product
from various waste streams.
In September 1980, Dubose Oil Production Company (DOPC) applied to
EPA for a Resource Conservation and Recovery Act (RCRA) Interim Status
permit to operate a treatment, storage, and disposal (TSD) facility at
the site. In Novemeber 1981, DOPC ceased operations, but an FDEP
compliance inspection conducted in March 1982 found that the company
was preparing to close the facility without an approved closure plan.
Later that same year, EPA and FDEP sampled the site and found evidence
of buried drums, contaminated springs, and an oil sheen on one of the
onsite ponds.
After various administrative and judicial efforts to secure
appropriate closure and cleanup of the site between 1982 and 1984 were
unsuccessful, FDEP hired a contractor in late 1984 to excavate
contaminated materials and secure the site. Between November 1984 and
May 1985, the South Pound was excavated, filled with contaminated soils
to approximately 20 feet above surrounding grade and covered with a 30
mil PVC cover. The temporary ``vault'' contained 38,000 cubic yards of
soil, leaving a ravine in the southwest corner of the site. EPA
proposed the site for inclusion on the National Priorities List (NPL)
in 1984, finalizing the site's listing in June 1986.
Based on DOPC company records and other information, FDEP and EPA
identified a number of potentially responsible parties (PRPs) who had
sent waste to the DOPC facility. In October 1987, FDEP negotiated an
Administrative Order on Consent with a group of PRPs known as the DOPC
Steering Committee (DOPCSC) in which DOPCSC agreed to conduct the
[[Page 47074]]
Remedial Investigation and Feasibility Study (RI/FS) at the site. The
final RI report was published in April 1989. The FS report was
completed in January 1990.
The RI documented contamination in soil, surface water, sediments,
and groundwater by various organic compounds. Primary contaminants of
concern included polynuclear aromatic hydrocarbons (PNAs),
pentachlorophenol (PCP), and various volatile organic compounds (VOC).
Soil contamination was limited to the material in the vault and various
``hot spots'' which were better characterized during the Additional
Investigation in 1992. Although trace amounts of organics were detected
in three monitor wells, contaminants were not detected above drinking
water standards. However, the perched groundwater contained VOCs above
drinking water standards, including trichloroethene (TCE) and 1,1-
dichloroethene (DCE).
After reviewing the results of the RI/FS, EPA issued a Record of
Decision on March 29, 1990. On June 17, 1991, A Consent Decree (CD)
negotiated between EPA and DOPCSC for the performance of the Remedial
Design Remedial Action (RD/RA). The CD was entered by the Northern
District Court of Florida, Pensacola Division. In accordance with the
ROD, an additional investigation was also completed in 1992 as part of
the RD to confirm the extent of hot spots of contaminated soils outside
the vault. The remedy implemented in accordance with the ROD included
the:
--Installation of temporary construction facilities, stormwater
management controls, and a wastewater treatment plant.
--Excavation and stockpiling of contaminated soil from the Silo Hot
Spot.
--Erection of the biotreatment facility.
--Excavation of 38,854 tons of non-contaminated soil from the vault,
confirmatory sampling, and placement in the ravine.
--Excavation and bioremediation of 19,705 tons of contaminated vault
and hot spot soils, confirmatory sampling, and disposal in the ravine.
Two additional hot spots were discovered in the sediment of the
leachate pond and the northern berm of the vault. This material was
also excavated and treated.
--Draining and backfilling three onsite ponds.
--Final grading of the ravine, former vault, and former pond areas, and
seeding of the entire site.
--Construction of surface water runoff controls to accommodate seasonal
precipitation, including inlets, terraces, culverts, and retention
basins.
After draining and backfilling the leachate pond, a contaminated
spring was discovered. To address this contamination and ensure the
protectiveness of the remedy, a riprap swale was constructed to provide
passive aeration of the contaminated water. In addition, the spring and
portions of the swale were fenced to prevent human and animal contact
with the spring discharge. The pre-final inspection was conducted at
the site on May 31, 1995, with representatives present from EPA, FDEP,
and DOPCSC. The punch list produced at this inspection indicated that
all components of the remedy had been constructed in accordance with
the ROD and the remedial design. The Site completion document was
approved by EPA on September 25, 1995 with the completion of the soil
treatment (achievement of soil cleanup goals). Long term groundwater
and surface water monitoring was implemented in October 1995 with
continued quarterly monitoring.
As stated in the September 24, 1998, Five Year Review document, the
contamination in groundwater and surface water would naturally
attenuate to health protective levels over time. As of June 2003,
during the collection of additional groundwater and surface water
sampling, the surface water compliance point sample and the North Pond
discharge compliance point sample were non-detect for all target
compounds. The maintenance inspection performed on June 6, 2003,
verified that all of the berms were performing adequately and the
drainage features were free of debris and functioning as intended.
EPA, with concurrence of FDEP, has determined that all appropriate
actions at the Dubose Oil Producing Company Site have been completed,
and no further remedial action is necessary. Therefore, EPA is
proposing deletion of the Site from the NPL.
Dated: May 26, 2004.
J.I. Palmer, Jr.,
Regional Administrator, U.S. EPA Region 4.
[FR Doc. 04-17659 Filed 8-3-04; 8:45 am]
BILLING CODE 6560-50-P