[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Rules and Regulations]
[Page 26962-26965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn09-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2000-0007; FRL-8912-1]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Notice of Deletion of the Callaway & Son Drum
Services Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
publishing a direct final Notice of Deletion of the Callaway & Son Drum
Services Superfund Site, located in Lake Alfred, Polk County, Florida
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 an
appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). This direct final deletion is being published
by EPA with the concurrence of the State of Florida, through the
Florida Department of Environmental Protection, because EPA has
determined that all appropriate response actions under CERCLA, other
than five-year reviews, have been completed. However, this deletion
does not preclude future actions under Superfund.
[[Page 26963]]
DATES: This direct final deletion is effective August 4, 2009 unless
EPA receives adverse comments by July 6, 2009. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0007, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: jackson.galo@epa.gov.
Fax: (404) 562-8842.
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Hand delivery: 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Docket's
normal hours of operation (8 a.m. to 4:30 p.m.), and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0007. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the Docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:
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.
Lake Alfred Public Library, 195 East Pomelo Street, Lake Alfred,
Florida 33850, Phone: (863) 291-5378. Hours: 10 a.m. to 6 p.m., Monday
through Friday 9 a.m. to 2 p.m., Saturday closed, Sunday.
FOR FURTHER INFORMATION CONTACT: Galo Jackson, Remedial Project
Manager, Environmental Protection Agency, Region 4, 4WD-SRB, 61 Forsyth
Street, SW., Atlanta, GA 30303-8960, (404) 562-8937, e-mail:
jackson.galo@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
EPA Region 4 is publishing this direct final Notice of Deletion of
the Callaway & Son Drum Services Superfund Site, from the NPL. The NPL
constitutes Appendix B of 40 CFR part 300, which is the NCP, which EPA
promulgated pursuant to section 105 of the CERCLA of 1980, as amended.
EPA maintains the NPL as the list of sites 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 (Fund). As described in 300.425(e) (3) of
the NCP, sites deleted from the NPL remain eligible for Fund-financed
remedial actions if future conditions warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective August 4, 2009 unless EPA
receives adverse comments by July 6, 2009. Along with this direct final
Notice of Deletion, EPA is co-publishing a Notice of Intent to Delete
in the ``Proposed Rules'' section of the Federal Register. If adverse
comments are received within the 30-day public comment period on this
deletion action, 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. 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 Callaway & Son Drum Services
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
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 such a
determination pursuant to 40 CFR 300.425(e), EPA will 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 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.
Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. 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.
[[Page 26964]]
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State of Florida prior to developing
this direct final Notice of Deletion and the Notice of Intent to Delete
co- published today in the ``Proposed Rules'' section of the Federal
Register.
(2) EPA has provided the State of Florida 30 working days for
review of this notice and the parallel Notice of Intent to Delete prior
to their publication today, and the State, through the Florida
Department of Environmental Protection, has concurred on the deletion
of the Site from the NPL.
(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 is being published in a major local newspaper, the
Lakeland Ledger. The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent to Delete the Site from
the NPL.
(4) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, 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
Site from the NPL:
Site Background and History
The Callaway & Son Drum Services (CSDS) Superfund Site (CERCLIS ID
FLD094590916) is located in Lake Alfred, Polk County, Florida. The
approximately nine and a half acre Site is located 55 miles east of
Tampa and 43 miles west of Orlando, Florida. The Site lies between the
Seaboard System Railroad tracks on the north and U.S. Highway 17-92 on
the south. The City of Lake Alfred Wastewater Treatment Plant is
located adjacent to and west of the Site. The Redwoods Apartments are
located adjacent to and east of the Site. A garden nursery borders the
property to the southwest.
CSDS was a family business, which operated from mid-1977 through
early 1991 as a re-furbisher and reseller of used 55-gallon oil,
solvent and citrus products drums. About 20 spent oil drums were
cleaned, sandblasted and painted on an average day. During the citrus
season, approximately 500 open-top drums were sandblasted and, if
needed, painted every day.
At the operation's height, the facility once was estimated to have
60,000 drums present on the Site. Approximately 71 of the drums left
abandoned on the uplands were removed and disposed of during a 1995
removal action conducted by the Florida Department of Environmental
Protection (FDEP). The remaining drums and drum carcasses, estimated to
be between two-to-three thousand, were removed and disposed of in
December 2001 by contractors to EPA.
The CSDS Site first came to the attention of the Florida Department
of Environmental Regulation (FDER, now FDEP) in October 1982, through
the owner's application to construct/operate an industrial wastewater
treatment and disposal system for the rinse water. Analyses of the
rinse water discharge collected in December 1982 detected oil and
grease and several inorganic analytes, including chromium, iron, and
lead.
In early March 1984, members of the FDER Groundwater Section
Operation Response Team conducted a site inspection of the CSDS Site.
As a result of that inspection, FDER issued a warning notice to the
owner for unauthorized discharge of organic solvents into surface and
groundwater and for failure to provide a groundwater monitoring plan. A
monitoring plan was subsequently submitted in January 1985. The plan
proposed the installation of three monitoring wells. In July 1985, FDER
completed a Potential Hazardous Waste Site Preliminary Assessment for
the CSDS Site. The assessment recommended that the Site be given a low
priority of inspection at the time, due to the then recent sampling
conducted by FDER and the January 1985 submittal of a groundwater
monitoring plan.
In June 1994, the FDER filed a Notice of Violation and Order for
Corrective Action against the owner. The Notice of Violation was based
upon the results of the Site Investigation, which revealed improper
drum disposal and storage, as well as onsite soil and groundwater
contamination. The owner was given the opportunity to petition the FDER
for a hearing to address the Notice of Violation. The owner did not
file for a petition and in October 1994, FDER filed a final Order
against him.
The EPA proposed the Site to the NPL on February 4, 2000 through
publication in the Federal Register (Volume 65, Number 24). The Site
was finalized on the NPL through publication in the Federal Register on
May 11, 2000 (Volume 65, Number 92).
Remedial Investigation (RI)
EPA initially conducted RI filed activities from February 2002
through August 2003. The following summarizes the scope of the RI for
the CSDS Site:
Determined the nature and extent of groundwater, soil,
sediment, and surface water contamination relative to local background
conditions that were attributable to the Site;
Determined the extent of human contact with potentially
contaminated media;
Collected and evaluated the data necessary to develop a
human health risk assessment; and
Collected and evaluated the data necessary to develop an
ecological risk assessment.
The 2002 surface and subsurface soil semivolatile organic compound
(SVOCs) results reported a significant number of tentatively identified
and/or unidentified compounds. At that time, EPA consulted with FDEP
(prior to issuing a Proposed Plan) on the remedy, which consisted of a
deed notice to notify prospective buyers of the presence of the
unidentified and tentatively identified compounds, as well as
groundwater monitoring for a limited period of time. In the event that
the monitoring did not indicate contaminant concentrations of concern,
groundwater monitoring was to be discontinued. FDEP did not concur with
that proposed remedy as a final remedy. As a result, EPA conducted
additional studies between 2004 and 2006 to determine the identity,
concentration and toxicities of the tentatively identified and
unidentified semivolatile compounds.
The question of the risks posed by tentatively identified and
unidentified semivolatile organic compounds to
[[Page 26965]]
human health were evaluated with the assistance of the EPA Office of
Research and Development and the Superfund Health Risk Technical
Support Center. Uncertainties related to non-cancer effects pertaining
to the risks posed by the semivolatile organic contaminants identified
in surface and subsurface soil were reduced, though not entirely
eliminated. The evaluation concluded that an overwhelming majority of
the compounds analyzed were not detected. Those SVOCs that were present
in surface and subsurface soil were found below preliminary remediation
goals and a hazard index of 1.0. In addition, two rounds of groundwater
sampling conducted during 2007 showed that the tentatively and
unidentified semivolatile organic compounds are not present in the
Site's groundwater.
Selected Remedy
EPA, in consultation with FDEP, selected a No Action Record of
Decision (ROD) at the CSDS Site on September 12, 2007. As discussed
above, this decision was based principally on the outcome of both human
health and ecological risk assessments. The estimates of human risks
under the various exposure scenarios found that cancer and non-cancer
risks posed by the Site's media were well within the ranges found
acceptable by EPA.
Five-Year Review
Although hazardous substances are not known to be present onsite
above levels allowing for unlimited use and unrestricted exposure, a
discretionary five year review will be conducted by EPA within five
years of the signing of the 2007 ROD. The purpose of this review is to
revisit the issue related to the presence of tentatively identified and
unidentified semivolatile organic compounds believed to be present in
the Site's soil.
Community Involvement
Community relations involvement efforts for the CSDS Site began in
August 2000 when the Florida Department of Health, Agency for Toxic
Substances and Disease Registry and EPA publicized and held a public
availability session, for the purpose of communicating the results of
the health consultation and to inform the community of the Site's
status. In mid-2002, EPA finalized the Site's Community Involvement
Plan. Area residents were contacted as part of the community
involvement work. An information repository was established at the Lake
Alfred Public Library. Documents supporting both the removal action and
the 2007 ROD were made available to the public at the Site's
information repository, prior to the issuance of this ROD. On July 6,
2007, EPA published a Notice of Proposed Plan Public Comment Period and
offered a public meeting. Only one comment was received during the
comment period. No requests for a Public Meeting or extension of the
comment period were received. Information which EPA has relied on or
considered in recommending this deletion are available for the public
to review at the information repositories identified above.
Determination That the Site Meets the Criteria for Deletion in the NCP
All of the completion requirements for this Site have been met, as
described in the December 2007 Final Close-Out Report. The State of
Florida has concurred with the proposed deletion of this Site from the
NPL.
The NCP specifies that EPA may delete a site from the NPL if, ``all
appropriate Fund-financed response under CERCLA has been implemented,
and no further response action by responsible parties is appropriate.''
40 CFR 300.425(e)(1)(ii). EPA with the concurrence of the State of
Florida, through the FDEP, believes that this criterion for deletion
has been met. Consequently, EPA is deleting this Site from the NPL.
Documents supporting this action are available in the Site files.
V. Deletion Action
EPA, with concurrence of the State of Florida through the FDEP, has
determined that all appropriate response actions under CERCLA, other
than five-year reviews have been completed. Therefore, EPA is deleting
the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective August 4, 2009 unless EPA receives adverse comments by
July 6, 2009. If adverse comments are received within the 30-day public
comment period, 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. 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: May 19, 2009.
J. Scott Gordon,
Acting Regional Administrator, EPA Region 4.
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.
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2. Table 1 of Appendix B to part 300 is amended by removing ``Callaway
& Son Drum Service'', ``Lake Alfred, Florida.''
[FR Doc. E9-13165 Filed 6-4-09; 8:45 am]
BILLING CODE 6560-50-P