Palmer Barge Superfund Site in Jefferson County, TX; Settlement Agreement and Draft Restoration Plan and Environmental Assessment, 31055-31056 [E7-10733]
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Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices
of entry, depending upon the exporter
in question.
This affirmative final circumvention
determination is in accordance with
section 781(a)
of the Act and 19 CFR 351.225(g).
Dated: May 30, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–10781 Filed 6–4–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Palmer Barge Superfund Site in
Jefferson County, TX; Settlement
Agreement and Draft Restoration Plan
and Environmental Assessment
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a
proposed Settlement Agreement and
Draft Restoration Plan and
Environmental Assessment for
ecological injuries and service losses
associated with the Palmer Barge
Superfund Site in Jefferson County,
Texas and of a 30-day period for public
comment on the Settlement Agreement
and the Draft Restoration Plan and
Environmental Assessment beginning
July 5, 2007.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Pursuant to 43 CFR 11.32 and
11.81–.82, notice is hereby given that a
proposed Settlement Agreement in
resolution of the Natural Resource
Trustees’ claim for natural resource
damages (Agreement) associated with
the Palmer Barge Superfund Site and
the ‘‘Draft Restoration Plan and
Environmental Assessment for the
Palmer Barge Waste Site, Port Arthur,
Jefferson County, Texas’’ (Draft DARP/
EA) are available for public review and
comment. This document has been
approved by the state and federal
Natural Resource Trustee agencies to
address natural resource injuries and
resource services losses of an ecological
nature attributable to releases of
hazardous substances from the Palmer
Barge Superfund Site (Site).The natural
resource trustees include: The National
Oceanic and Atmospheric
Administration (NOAA), Commerce;
United States Department of the Interior
(DOI); Texas Parks and Wildlife
Department (TPWD); Texas General
Land Office (GLO); and Texas
Commission on Environmental Quality
(TCEQ). The Natural Resource Trustees
VerDate Aug<31>2005
17:28 Jun 04, 2007
Jkt 211001
have reached a proposed agreement
with E.I. du Pont de Nemours and
Company, Texaco Inc., Ashland Inc. and
Kirby Inland Marine to resolve their
liability under the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) for damages
to natural resources resulting from
releases of hazardous substances from
the Site. This draft DARP/EA presents
the Trustees’ assessment of these natural
resource injuries and service losses
attributable to the Site, and the plan for
restoring ecological resources and
services to compensate for those injuries
and losses. The Trustees will consider
input received during the public
comment period before finalizing the
DARP/EA.
FOR FURTHER INFORMATION: Comments
must be submitted in writing on or
before thirty (30) days from the
publication of this notice to Richard
Seiler of the TCEQ or Jessica White of
NOAA at the addresses listed in the
previous paragraph. The Trustees will
consider all written comments prior to
finalizing the DARP/EA.
To receive a copy of the proposed
Agreement, the Draft DARP/EA, or any
other related information, interested
members of the public are invited to
contact Richard Seiler at the Texas
Commission on Environmental Quality,
Remediation Division MC 225, P.O. Box
13087, Austin, Texas 78711–3087, (512)
239–2523 (phone) or (512) 239–4814
(fax), or contact Jessica White of NOAA
at NOAA c/o US EPA, 1445 Ross
Avenue, MC 6SF\T, Dallas, TX 75202,
(214) 665–2217 (phone) or (214) 665–
6460 (fax).
SUPPLEMENTARY INFORMATION: The Site
consists of approximately 17 acres
located 4.5 miles northeast of the city of
Port Arthur in Jefferson County along
Ferry (or Old Yacht Club) Road on
Pleasure Islet, approximately one-half
mile southwest of the confluence of the
Neches River and the Sabine-Neches
Ship Channel. The Site is bordered by
the State Marine Superfund site to the
south, Sabine Lake to the east, Old
Yacht Club Road to the West, and
vacant property to the north.
The Site was originally used as a
municipal landfill for the city of Port
Arthur, which operated the landfill from
1956 until the mid-1980s. In 1982, the
city of Port Arthur sold the property and
it was subsequently used as a marine
barge cleaning operation (Palmer Barge
Marine) from 1982 until 1997.
Operations performed at the site
included cleaning, degassing,
maintenance and inspection of barges
and marine equipment. A flare was
located on-site to burn excess gasses and
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
31055
liquids produced during the facility
operations, in addition to multiple
above-ground storage tanks. In July
1997, Palmer Barge Line was purchased
and operations on the property ceased.
Currently the site is owned by a private
individual who is redeveloping it as an
industrial property.
In 1996, the TCEQ (then known as the
Texas Natural Resource Conservation
Commission, or TNRCC) conducted a
multi-media inspection of the Site
which identified large areas of
contamination on Site soils. These
findings triggered further investigation
by both the U.S. Environmental
Protection Agency (EPA) and TCEQ. In
1996, an expanded site inspection (ESI)
was performed for the purpose of
evaluating the nature and extent of onsite and off-site contamination and
evaluating the environmental fate of the
contaminants. This evaluation indicated
the presence of both organic and
inorganic contaminants in Site soils and
in the shallow near-shore sediments of
Sabine Lake. Semi-volatile
contaminants of concern identified at
the Site include acenaphthylene,
anthracene, benzo(a)pyrene, chrysene
and fluoranthene. There were also
numerous pesticides and polychlorinated bi-phenyls detected in the
Site soil samples. Elevated levels of
inorganic contaminants included
chromium, copper, lead, and zinc.
The Site was placed on the National
Priorities List (Superfund) on July 27,
2000 and the EPA authorized an
emergency removal action for reduction
of on-site contamination in August
2000. Removal activities included
removal of wastes, wastewater
treatment, and sludge stabilization. A
Remedial Investigation (RI) was
performed at the Site pursuant to an
Administrative Order on Consent signed
by the EPA and the Settling Parties in
2002, and based on information
developed in the RI, a Record of
Decision (ROD) for the Site was signed
on September 30, 2005. The ROD
requires the excavation of
approximately 1,204 cubic yards of soil
which exceeded risk-based levels,
backfilling of excavated areas with clean
soil, and off-site disposal of excavated
soils at a permitted disposal facility.
Existing above-ground storage tanks will
be demolished and removed. As
planned, and when implemented, the
remedy selected to address the
contamination at the Site is expected to
protect natural resources in the vicinity
of the Site from further or future injury.
NOAA, DOI, TPWD, GLO and TCEQ
are designated Natural Resource
Trustees under Section 107(f) of
CERCLA, Section 311 of the Federal
E:\FR\FM\05JNN1.SGM
05JNN1
31056
Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices
Water Pollution and Control Act
(FWPCA), 33 U.S.C. Section 1321, and
other applicable federal or state laws,
including Subpart G of the National Oil
and Hazardous Substances Pollution
Contingency Plan (NCP), 40 CFR
300.600–300.615. As trustees, these
agencies are authorized to act on behalf
of the public under these authorities to
protect and restore natural resources
injured or lost as a result of discharges
or releases of hazardous substances.
Paralleling the remedial investigations
at the Site, the Trustees worked
cooperatively with E.I. du Pont de
Nemours and Company, Texaco Inc.,
Ashland Inc, and Kirby Inland Marine,
L.P., to evaluate natural resource
injuries and ecological service losses
resulting from releases of hazardous
substances to areas at or adjacent to the
Site. The Trustees’ evaluation focused
on natural resource injuries or service
losses of an ecological nature caused by
hazardous substances at the Site based
on known contamination and
anticipated remedial actions. As a result
of this assessment, the Trustees
determined that hazardous substances
(including semi-volatile organic
compounds, poly-cyclic aromatic
hydrocarbons, poly-chlorinated biphenyls , pesticides, and metals) were
available in the sediments and injury to
ecological habitat of approximately 7.55
acres had occurred.
The Draft DARP/EA identifies the
information and methods used to define
the natural resource injuries and losses
of an ecological nature, including the
scale of restoration actions, and
identifies the restoration actions which
are preferred to restore, replace or
acquire resources or services equivalent
to those lost.
Dated: May 29, 2007.
Brian Julius,
Deputy Director, Office of Response and
Restoration, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. E7–10733 Filed 6–4–07; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
jlentini on PROD1PC65 with NOTICES
[XRIN: 0648–XA65]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Aug<31>2005
17:28 Jun 04, 2007
Jkt 211001
ACTION:
Notice of a public meeting.
SUMMARY: The New England Fishery
Management Council (Council) will
hold a three-day Council meeting, on
June 19–21, 2007, to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
DATES: The meeting will be held on
Tuesday, June 19 beginning at 8:30 a.m.,
and Wednesday and Thursday, June 20–
21, beginning at 8 a.m. each day.
ADDRESSES: The meeting will be held at
the Eastland Park Hotel , 157 High
Street, Portland, ME 04101; telephone:
(207) 775–5411.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council
(NEFMC); telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Tuesday, June 19, 2007
Following introductions, the Council
will hear a series of brief reports from
the Council Chairman and Executive
Director, the NOAA Northeast Regional
Administrator, Northeast Fisheries
Science Center and Mid-Atlantic
Fishery Management Council liaisons,
NOAA General Counsel and
representatives of the U.S. Coast Guard,
NOAA Enforcement, and the Atlantic
States Marine Fisheries Commission.
Following these reports, the Council
will be asked to comment on procedures
related to the Magnuson-Stevens Act
requirement for a referendum on any
individual fishing quota program under
consideration by the Council. Following
consultation with all eight Fishery
Management Councils, NOAA Fisheries
will publish a proposed rule to address
the referendum process, voter eligibility
and related issues. The Enforcement
Committee will ask for approval of
recommendations concerning the use of
‘‘safe harbors’’ and requiring a
declaration before transiting closed
areas. During the afternoon session, the
Council plans to approve final action on
phase one of Essential Fish Habitat
(EFH) Omnibus Amendment 2. This
part of the overall amendment includes
improved EFH designations for the
species under Council management;
new and/or modified HAPC
designations; an evaluation of prey
species for NEFMC-managed species
and life stages; and an evaluation and
description of the impacts of nonfishing activities on EFH, including
conservation and enhancement
activities. The Sector Committee will
seek approval of terms of reference as it
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
continues to work on processes and
policies that will govern the use of
sectors in NEFMC fishery management
plans (FMPs). The Council may
determine if they will develop a policy
only concerning sectors or move
forward with an omnibus amendment
that would apply to sectors in all fishery
management plans.
Wednesday, June 20, 2007
The Council will review public
comments and intends to approve a
Draft Supplemental Environmental
Impact Statement and final management
measures for Amendment 11 to the Sea
Scallop Fishery Management Plan. It
also will review and may approve
Framework Adjustment 20 the the FMP,
an action to extend measures
implemented by emergency action to
prevent overfishing through the end of
fishing year 2007. During this afternoon
session, the Council will discuss and
possibly approve a request to NOAA
Fisheries for at-sea observer coverage on
all at-sea processor vessels.
Thursday, June 21, 2007
The Council’s Research Steering
Committee Chairman will report on the
committee’s recommendations
concerning the use of information
provided in several cooperative research
final reports. This will be followed by
a discussion of other issues related to
cooperative research, including
comments on a peer review of a pilot
study fleet cooperative research project,
experimental fisheries permit policies
and issues related to data archiving and
access in the context of making
cooperative research results available.
This discussion will be followed by an
opportunity for the public to briefly
address items that are relevant to
Council business but not otherwise
listed on the agenda. The Groundfish
Committee will report on its efforts to
develop Amendment 16 to the Northeast
Multispecies FMP. The Council will
review and approve recommendations
for management alternatives in
amendment. It may also approve
standards to be used by the Regional
Administrator to allow the use of
additional gear in the Eastern U.S.
Canada Haddock Special Access
Program and trawl gear Category B
regular) days-at-sea program, as well a
number of recently received sector
proposals. The Standardized Bycatch
Reporting Methodology (SBRM)
Committee will review and ask for
approval of the final SBRM Amendment
during the afternoon session. This
action would modify all Council fishery
management plans (FMPs) to include
SBRM provisions. Lastly, the Council
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Notices]
[Pages 31055-31056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10733]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Palmer Barge Superfund Site in Jefferson County, TX; Settlement
Agreement and Draft Restoration Plan and Environmental Assessment
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a proposed Settlement Agreement and
Draft Restoration Plan and Environmental Assessment for ecological
injuries and service losses associated with the Palmer Barge Superfund
Site in Jefferson County, Texas and of a 30-day period for public
comment on the Settlement Agreement and the Draft Restoration Plan and
Environmental Assessment beginning July 5, 2007.
-----------------------------------------------------------------------
SUMMARY: Pursuant to 43 CFR 11.32 and 11.81-.82, notice is hereby given
that a proposed Settlement Agreement in resolution of the Natural
Resource Trustees' claim for natural resource damages (Agreement)
associated with the Palmer Barge Superfund Site and the ``Draft
Restoration Plan and Environmental Assessment for the Palmer Barge
Waste Site, Port Arthur, Jefferson County, Texas'' (Draft DARP/EA) are
available for public review and comment. This document has been
approved by the state and federal Natural Resource Trustee agencies to
address natural resource injuries and resource services losses of an
ecological nature attributable to releases of hazardous substances from
the Palmer Barge Superfund Site (Site).The natural resource trustees
include: The National Oceanic and Atmospheric Administration (NOAA),
Commerce; United States Department of the Interior (DOI); Texas Parks
and Wildlife Department (TPWD); Texas General Land Office (GLO); and
Texas Commission on Environmental Quality (TCEQ). The Natural Resource
Trustees have reached a proposed agreement with E.I. du Pont de Nemours
and Company, Texaco Inc., Ashland Inc. and Kirby Inland Marine to
resolve their liability under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) for damages to natural
resources resulting from releases of hazardous substances from the
Site. This draft DARP/EA presents the Trustees' assessment of these
natural resource injuries and service losses attributable to the Site,
and the plan for restoring ecological resources and services to
compensate for those injuries and losses. The Trustees will consider
input received during the public comment period before finalizing the
DARP/EA.
FOR FURTHER INFORMATION: Comments must be submitted in writing on or
before thirty (30) days from the publication of this notice to Richard
Seiler of the TCEQ or Jessica White of NOAA at the addresses listed in
the previous paragraph. The Trustees will consider all written comments
prior to finalizing the DARP/EA.
To receive a copy of the proposed Agreement, the Draft DARP/EA, or
any other related information, interested members of the public are
invited to contact Richard Seiler at the Texas Commission on
Environmental Quality, Remediation Division MC 225, P.O. Box 13087,
Austin, Texas 78711-3087, (512) 239-2523 (phone) or (512) 239-4814
(fax), or contact Jessica White of NOAA at NOAA c/o US EPA, 1445 Ross
Avenue, MC 6SF\T, Dallas, TX 75202, (214) 665-2217 (phone) or (214)
665-6460 (fax).
SUPPLEMENTARY INFORMATION: The Site consists of approximately 17 acres
located 4.5 miles northeast of the city of Port Arthur in Jefferson
County along Ferry (or Old Yacht Club) Road on Pleasure Islet,
approximately one-half mile southwest of the confluence of the Neches
River and the Sabine-Neches Ship Channel. The Site is bordered by the
State Marine Superfund site to the south, Sabine Lake to the east, Old
Yacht Club Road to the West, and vacant property to the north.
The Site was originally used as a municipal landfill for the city
of Port Arthur, which operated the landfill from 1956 until the mid-
1980s. In 1982, the city of Port Arthur sold the property and it was
subsequently used as a marine barge cleaning operation (Palmer Barge
Marine) from 1982 until 1997. Operations performed at the site included
cleaning, degassing, maintenance and inspection of barges and marine
equipment. A flare was located on-site to burn excess gasses and
liquids produced during the facility operations, in addition to
multiple above-ground storage tanks. In July 1997, Palmer Barge Line
was purchased and operations on the property ceased. Currently the site
is owned by a private individual who is redeveloping it as an
industrial property.
In 1996, the TCEQ (then known as the Texas Natural Resource
Conservation Commission, or TNRCC) conducted a multi-media inspection
of the Site which identified large areas of contamination on Site
soils. These findings triggered further investigation by both the U.S.
Environmental Protection Agency (EPA) and TCEQ. In 1996, an expanded
site inspection (ESI) was performed for the purpose of evaluating the
nature and extent of on-site and off-site contamination and evaluating
the environmental fate of the contaminants. This evaluation indicated
the presence of both organic and inorganic contaminants in Site soils
and in the shallow near-shore sediments of Sabine Lake. Semi-volatile
contaminants of concern identified at the Site include acenaphthylene,
anthracene, benzo(a)pyrene, chrysene and fluoranthene. There were also
numerous pesticides and poly-chlorinated bi-phenyls detected in the
Site soil samples. Elevated levels of inorganic contaminants included
chromium, copper, lead, and zinc.
The Site was placed on the National Priorities List (Superfund) on
July 27, 2000 and the EPA authorized an emergency removal action for
reduction of on-site contamination in August 2000. Removal activities
included removal of wastes, wastewater treatment, and sludge
stabilization. A Remedial Investigation (RI) was performed at the Site
pursuant to an Administrative Order on Consent signed by the EPA and
the Settling Parties in 2002, and based on information developed in the
RI, a Record of Decision (ROD) for the Site was signed on September 30,
2005. The ROD requires the excavation of approximately 1,204 cubic
yards of soil which exceeded risk-based levels, backfilling of
excavated areas with clean soil, and off-site disposal of excavated
soils at a permitted disposal facility. Existing above-ground storage
tanks will be demolished and removed. As planned, and when implemented,
the remedy selected to address the contamination at the Site is
expected to protect natural resources in the vicinity of the Site from
further or future injury.
NOAA, DOI, TPWD, GLO and TCEQ are designated Natural Resource
Trustees under Section 107(f) of CERCLA, Section 311 of the Federal
[[Page 31056]]
Water Pollution and Control Act (FWPCA), 33 U.S.C. Section 1321, and
other applicable federal or state laws, including Subpart G of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP),
40 CFR 300.600-300.615. As trustees, these agencies are authorized to
act on behalf of the public under these authorities to protect and
restore natural resources injured or lost as a result of discharges or
releases of hazardous substances.
Paralleling the remedial investigations at the Site, the Trustees
worked cooperatively with E.I. du Pont de Nemours and Company, Texaco
Inc., Ashland Inc, and Kirby Inland Marine, L.P., to evaluate natural
resource injuries and ecological service losses resulting from releases
of hazardous substances to areas at or adjacent to the Site. The
Trustees' evaluation focused on natural resource injuries or service
losses of an ecological nature caused by hazardous substances at the
Site based on known contamination and anticipated remedial actions. As
a result of this assessment, the Trustees determined that hazardous
substances (including semi-volatile organic compounds, poly-cyclic
aromatic hydrocarbons, poly-chlorinated bi-phenyls , pesticides, and
metals) were available in the sediments and injury to ecological
habitat of approximately 7.55 acres had occurred.
The Draft DARP/EA identifies the information and methods used to
define the natural resource injuries and losses of an ecological
nature, including the scale of restoration actions, and identifies the
restoration actions which are preferred to restore, replace or acquire
resources or services equivalent to those lost.
Dated: May 29, 2007.
Brian Julius,
Deputy Director, Office of Response and Restoration, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E7-10733 Filed 6-4-07; 8:45 am]
BILLING CODE 3510-JE-P
