[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53222-53226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21442]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-R04-SFUND-2010-0502; FRL-9194-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
publishing this direct final Notice of Deletion for the Powersville
Site Superfund Site (Site), located in Peach County, Georgia, from the
National Priorities List (NPL) and requests public comments on this
proposed action. 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). The EPA and the
State of Georgia, through the Georgia Environmental Protection Division
(GAEPD), have determined that all appropriate response actions under
CERCLA, other than operation, maintenance, and Five Year Reviews, have
been completed. However, this deletion does not preclude future actions
under Superfund.
DATES: This direct final deletion is effective November 1, 2010 unless
EPA receives adverse comments by September 30, 2010. 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-R04-
SFUND-2010-0502, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Web site: http://www.epa.gov/region4/waste/sf/enforce.htm.
E-mail: [email protected].
Fax: (404) 562-8896, Attention: Brian Farrier.
Mail: Brian Farrier, Remedial Project Manager, Superfund
Remedial Section C, Superfund Remedial Branch, Superfund Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
Hand Delivery: U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Docket's normal hours of operation and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-R04-SFUND-
2010-0502. 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 statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket
[[Page 53223]]
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.-4
p.m., Monday through Friday by appointment only; or, Thomas Public
Library, 315 Martin Luther King, Jr. Drive, Fort Valley, GA 31030,
Phone: 478-825-1640, Hours 9 a.m.-6 p.m., Monday through Thursday, 9
a.m.- 1 p.m. Friday, closed Saturday and Sunday.
FOR FURTHER INFORMATION CONTACT: Brian Farrier, Remedial Project
Manager, Superfund Remedial Section C, Superfund Remedial Branch,
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. Farrier can be
reached via electronic mail at [email protected].
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 Powersville Site 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 the Section
300.425(e)(3) of the NCP, Sites deleted from the NPL remain eligible
for Fund-financed remedial actions if conditions at a deleted Site
warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective November 1, 2010 unless EPA
receives adverse comments by September 30, 2010. 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 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 to delete sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses the Powersville Site 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 (Hazardous Substance Superfund)
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.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State of Georgia before 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 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 GAEPD, 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, [Enter
major local newspaper of general circulation]. The newspaper notice
announces the 30-day public comment period concerning the Notice of
Intent to Delete the Site from the NPL.
(4) The 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
Powersville Site Superfund Site, GA Hwy. 49 N., Powersville,
Georgia 31074. EPA ID: GAD980496954.
The Powersville Site, located on GA Hwy. 49 N. in Powersville,
Georgia, occupies approximately 15 acres in a predominantly rural area.
From the early 1940s to 1969, this landfill was a
[[Page 53224]]
borrow pit which provided sand and fill material to the county for
local use. During 1969, Peach County began operation of a sanitary
landfill receiving both municipal and industrial wastes. Disposal
records indicate that pesticide manufacturing wastes were disposed in
the landfill until 1978. In 1972, the State of Georgia suggested a
separate area be maintained for pesticide wastes, which was done in
1973. Disposal records indicate pesticide wastes were disposed in the
municipal section of the landfill prior to June 1973 and in the
hazardous waste area between June 1973 and 1978. Neither the quantity
nor the location of the pesticide wastes in the municipal section of
the landfill is known. The County closed the landfill in 1979. The
primary contaminants of concern at the Site include, but are not
limited to, vinyl chloride, 1,2-dichloroethane, lead, chromium, and
pesticides. The Site was proposed for the NPL September 8, 1983 (48 FR
40674) and finalized on the NPL October 15, 1984 (49 FR 40320).
Remedial Investigation, Feasibility Study (RI/FS)
The Remedial Investigation (RI) and Feasibility Study (FS) were
conducted between December 28, 1984 and September 30, 1987.
Analytical results of the RI sampling indicated the presence of
gamma-BHC, 1,2-dichloroethane, lead, chromium, and vinyl chloride in
the groundwater beneath the Site; however, well-defined plumes did not
exist. The pesticides gamma-BHC, dieldrin, chlordane, and toxaphene
were also detected in the soil samples taken at the Site. Off-site soil
samples were found to have no detectable chemical concentrations.
The FS evaluated 13 alternatives including various combinations of
capping for the landfill, incineration, solidification/stabilization,
pump and treat of groundwater, and alternative water sources.
Selected Remedy
EPA's Record of Decision (ROD) was signed on September 30, 1987,
and the State of Georgia concurred with the selected remedy. The
selected alternative included the following:
Surface cover systems for the hazardous waste and
municipal landfill area;
Installation of a minimum of eight additional groundwater
monitoring wells;
Provision of an alternative water supply for selected
residents near site;
Imposition of on-site and off-site deed restrictions to
prohibit specific actions; and
Development and implementation of an operation and
maintenance (O&M) plan for the remedy.
The remedial objective for the Powersville Site was to eliminate
potential health hazards due to the impact of gamma-BHC, vinyl
chloride, 1,2-dichloroethane, lead, chromium, and toxaphene in the
landfill.
Remedy Implementation
Remedy Component 1--Surface Cover
A low permeability liner was installed over both the hazardous
waste disposal area and the municipal waste disposal area. The
municipal waste area liner consists of a 40 ml thick high density
polyethylene (HDPE) liner. The hazardous waste area liner has an
additional 0.25 inch thick bentonite liner. The liners are covered with
1.5 feet of sandy soil for better drainage. Two feet of soil is then
layered on top of the liner. A vegetative layer was then used to secure
the soil cover. Terracing was used to alleviate the steepness of the
slope to reduce erosional issues. Other grading was done to divert
stormwater away from either landfill cover.
Remedy Component 2--Installation of Groundwater Monitoring Wells
The groundwater monitoring system was designed to yield samples
from the uppermost aquifer that are representative of the water that
passes through the downgradient area of the landfill site. There were
two existing wells. Seven more were added (6 downgradient, 1
upgradient). These seven wells were installed during three separate
field events and were intended to monitor the natural attenuation of
contaminants in the groundwater.
Remedy Component 3--Alternate Water Source
The alternate water supply system is owned and operated by the Fort
Valley Utility Commission. The municipal water system was extended to
include the properties possibly affected by the site. The Fort Valley
Utility Commission conducts O & M on the water supply system.
Remedy Component 4--Institutional Controls
On December 1, 1994 a Notation on Deed was filed on the landfill
property. The notation states that the property is on Georgia's
hazardous site inventory and has been designated as needing corrective
action due to the presence of hazardous wastes, hazardous constituents,
or hazardous substances. The site itself was required by the ROD to
have deed restrictions placed upon it to prohibit the drilling of water
wells and any activities that could cause damage to the remedy. In
addition, properties between the Site and the unnamed tributary to Mule
Creek were required by the ROD to have deed restrictions placed upon
them to prohibit the drilling of water wells. The method for executing
the deed restrictions was through restrictive covenant agreements. In
1993, restrictive covenants were placed on six properties adjacent to
the landfill prohibiting the drilling of water wells. On March 23,
2010, a restrictive covenant was recorded for the landfill parcel. All
institutional controls needed at the Site have been implemented.
Remedy Component 5--Operation & Maintenance Plan
There are eight major tasks involved in the schedule for ordinary
O&M activities. They are the following:
Groundwater Monitoring--The groundwater monitoring program
consisted of quarterly monitoring from 1993 to 2005, with samples
collected from monitoring wells MW2, MW7, MW20, MW21, MW22, MW23, MW24,
MW25, and MW26. All samples were analyzed for Volatial Organic
Compounds (VOC), pesticides, and metals. This activity has been
discontinued.
Maintenance of Vegetation--Mowing of the covers and other
vegetated site areas is conducted twice per year. Fertilization of the
covers is conducted once per year. Lime may be added every four to six
years to maintain a pH between 6 and 7.
Cover Settlement--Inspection and monitoring for cover
settlement was conducted quarterly for the first two years then semi-
annually since that time.
Site Structure--The following structures are inspected
quarterly: concrete channels, rip rap, fence and signs, drainage areas,
benchmarks, gas vents, settlement monitoring stations, all guard posts,
and cover drainage pipes cleanout ports. Repairs are performed as
needed.
Gas Production Monitoring--Each gas vent is checked semi-
annually for the first two years and has been annually since that time.
Cost Estimate Updates--The cost estimate is updated
annually.
Deed Restrictions--In 1993, restrictive covenants were
placed on six properties adjacent to the landfill prohibiting the
drilling of water wells. On March 23, 2010, a restrictive covenant was
recorded for the landfill
[[Page 53225]]
parcel. All institutional controls needed at the Site have been
implemented.
Deliverables--Regular reports are submitted to the O&M
administrator, GEPD, and EPA.
Cleanup Goals
The cleanup goals for soil and groundwater are shown on the
following tables. The cleanup goals for surface water were considered
to be the same as groundwater as implied by the ROD.
Cleanup Levels for Groundwater
------------------------------------------------------------------------
Revised EPA
Contaminant ROD cleanup cleanup goals
goals ([mu]g/L) ([mu]g/L)
------------------------------------------------------------------------
gamma-BHC........................... 4 4
vinyl chloride...................... 1 2
1,2-dichloroethane.................. 5 5
Lead................................ 50 15
Chromium............................ 50 100
Toxaphene........................... N/A 3
------------------------------------------------------------------------
Nine groundwater monitoring wells were sampled quarterly from 1993
until 2005 when groundwater contaminant levels reached the cleanup
goals shown above. On July 19, 2006, GAEPD notified EPA that
groundwater monitoring would be discontinued and requested EPA pursue
deleting the Site from the NPL. The groundwater data from 2004 through
2005 were below cleanup goals for 1,2-dichloroethane, lead, and
chromium, except for one detection of chromium at 410 ug/L during the
third quarter 2004 (EPA, 2008).
Operation and Maintenance
As mentioned in Remedy Component 5, there are eight major tasks
outlined as part of O&M. The county has assumed responsibility for
implementing the ongoing components of the 1993 O&M plan.
Five-Year Reviews
The first five-year review was completed in December 1997 and the
second was completed in September 2003. These reviews concluded that
the selected remedy remains protective of human health and the
environment.
The third statutory Five-Year Review was completed in September
2008 pursuant to EPA's Comprehensive Five-Year Review Guidance (OSWER
No. 9355.7-03B-P, June 2001). The Five-Year Review concluded that
remedial actions at the Powersville Site Superfund Site are protective,
in the short-term, of human health and the environment, and exposure
pathways that could result in unacceptable risks are being controlled.
However, in order for the remedy to be protective in the long term, it
was determined that restrictive covenants were still needed on three
parcels. Those parcels were the landfill, the Peach County parcel
acquired from the Trustees of Powersville Lodge No. 134 located
adjacent to the landfill, and parcel No. 043B 002 owned by Adele Hogan.
The Trustees of Powersville Lodge No. 134 parcel has been combined with
the landfill parcel and does not need a separate restrictive covenant.
EPA has also determined that the Hogan parcel is not impacted by
contaminated groundwater and therefore does not need a restrictive
covenant. On March 23, 2010, a restrictive covenant was recorded for
the landfill parcel in the Office of the Clerk, Superior Court, Peach
County, Georgia, at Deed Book 438, pages 341-345. All institutional
controls required at the Site have been implemented.
Because hazardous materials remain at the Site inside the landfill
above levels that allow for unlimited use and unrestricted exposure,
Section 121 of CERCLA requires ongoing statutory review to be conducted
no less than every five years from the start of remedial actions. The
next Five-Year Review will be completed by August 2013.
Community Involvement
Throughout the removal and remedial process, EPA has kept the
public informed of the activities being conducted at the Site by way of
public meetings, progress fact sheets, and the announcement through
local newspaper advertisement on the availability of documents such as
the RI/FS, Risk Assessment, ROD, Proposed Plan and Five-Year Reviews.
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 which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repositories identified above.
Determination That the Site Meets the Criteria for Deletion From the
NCP
This Site meets all the Site completion requirements as specified
in Office of Solid Waste and Emergency Response (OSWER) Directive
9320.2-09-A-P, Close Out Procedures for National Priorities List Sites.
Specifically, confirmatory sampling verifies that the Site has achieved
the ROD cleanup standards, and that all cleanup actions specified in
the ROD have been implemented. The only remaining activity to be
performed is O&M that Peach County will conduct.
V. Deletion Action
The EPA, with concurrence of the State of Georgia through the
GAEPD, has determined that all appropriate response actions under
CERCLA, other than operation, maintenance, monitoring and 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 November 1, 2010 unless EPA receives adverse comments by
September 30, 2010. 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
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requirements, Superfund, Water pollution control, Water supply.
Dated: August 3, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
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.
0
2. Table 1 of Appendix B to part 300 is amended by removing
``Powersville Site, Peach County, GA''.
[FR Doc. 2010-21442 Filed 8-30-10; 8:45 am]
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