National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the State Marine of Port Arthur Superfund Site, 45428-45432 [2011-19270]

Download as PDF 45428 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations to the consequences of failing to attain pursuant to section 179(d). (c) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Lancaster fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Lancaster PM2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d). (d) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the York fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA also determined that the York PM2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d). (e) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Reading fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Reading PM2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d). [FR Doc. 2011–19143 Filed 7–28–11; 8:45 am] jlentini on DSK4TPTVN1PROD with RULES BILLING CODE 6560–50–P VerDate Mar<15>2010 16:04 Jul 28, 2011 Jkt 223001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1998–0007; FRL–9445–7] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the State Marine of Port Arthur Superfund Site Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the State Marine of Port Arthur (SMPA) Superfund Site located in Port Arthur, Texas (Jefferson County), 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 Texas, through the Texas Commission on Environmental Quality, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than FiveYear Reviews, have been completed. However, this deletion does not preclude future actions under Superfund. SUMMARY: This direct final deletion is effective September 27, 2011 unless EPA receives adverse comments by August 29, 2011. 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. DATES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1998–0007, by one of the following methods: • http://www.regulations.gov: Follow Internet on-line instructions for submitting comments. • E-mail: Rafael Casanova, casanova.rafael@epa.gov. • Fax: 214–665–6660. • Mail: Rafael A. Casanova; U.S. Environmental Protection Agency, Region 6; Superfund Division (6SF–RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202–2733. • Hand delivery: U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202– ADDRESSES: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 2733; Contact: Rafael A. Casanova (214) 665–7437. 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–HQ–AFUND–1998– 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 statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at: 1. U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202–2733; Hours of operation: Monday thru Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. Casanova (214) 665–7437. 2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas 77642– E:\FR\FM\29JYR1.SGM 29JYR1 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations 5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.; Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 p.m. to 5 p.m. FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project Manager; U.S. Environmental Protection Agency, Region 6; Superfund Division (6SF–RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202–2733; telephone number: (214) 665–7437; e-mail: casanova.rafael@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents jlentini on DSK4TPTVN1PROD with RULES I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Site Deletion V. Deletion Action I. Introduction EPA Region 6 is publishing this direct final Notice of Deletion for the State Marine of Port Arthur (SMPA) Superfund Site (Site), from the National Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 300 which is the 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 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 action if future conditions warrant such actions. Because EPA considers this action to be noncontroversial and routine, this action will be effective September 27, 2011 unless EPA receives adverse comments by August 29, 2011. Along with this direct final Notice of Deletion, EPA is co-publishing a Notice of Intent for Deletion 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 for Deletion and the comments already received. There will be no additional opportunity to comment. VerDate Mar<15>2010 16:04 Jul 28, 2011 Jkt 223001 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 SMPA 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. III. Deletion Procedures The following procedures apply to the deletion of all areas and media within the SMPA Superfund Site: 1. EPA has consulted with the state of Texas prior to developing this direct final Notice of Deletion and the Notice of Intent for Deletion co-published 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 for PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 45429 Deletion prior to their publication today, and the state, through the Texas Commission on Environmental Quality, has concurred on this 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 for Deletion is being published in a major local newspaper, The Port Arthur News. The newspaper announces the 30-day public comment period concerning the Notice of Intent for Deletion of the Site from the NPL. 4. The EPA placed copies of documents supporting the 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 for Deletion 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 further response actions, should future conditions warrant such actions. IV. Basis for Site Deletion The following information provides EPA’s rationale for deleting the SMPA Superfund Site from the NPL. A map of the Site, including the aerial extent of the Site proposed for deletion, is available in the deletion docket: Site Location and History The SMPA Superfund Site (Site, CERCLIS ID—TXD099801102), a former barge-cleaning operation and municipal landfill, occupied a 17-acre industrial tract of land located approximately 4.5 miles east-northeast of the City of Port Arthur on Old Yacht Club Road on Pleasure Islet. Pleasure Islet is a peninsula located approximately 0.5 miles southwest of the mouth of the Neches River. The Site is bordered by the Palmer Barge Line Superfund Site to the north, by Old Yacht Club Road to the west, by undeveloped property to the south, and Sabine Lake to the east. E:\FR\FM\29JYR1.SGM 29JYR1 jlentini on DSK4TPTVN1PROD with RULES 45430 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations Pleasure Islet is a manmade landmass consisting of dredge spoils generated during the construction and maintenance of the Sabine-Neches canal, also called the Intercoastal Waterway. The canal was constructed between 1898 and approximately 1920 in the vicinity of Sabine Lake and the Neches River, between the current Site location and the mainland. Between 1955 and 1957, a portion of the canal along the western side of Pleasure Islet was abandoned, and a new canal was cut along the eastern and southern sides of Pleasure Islet. Pleasure Islet was created when a land bridge was constructed across the abandoned portions of the canal, between the northern tip of Pleasure Island and the mainland. Vehicle access to the Site is limited to a single dirt road starting at the western Site border along Old Yacht Club Road. Ownership of Pleasure Islet was transferred from the State of Texas to the City of Port Arthur, Texas, in 1955. Development of the islet and the Site began after 1957, following construction of the land bridge across the abandoned portions of the Sabine-Neches Canal. In approximately 1963, the City of Port Arthur began municipal landfill operations in the northern and central portions of the islet. Initially, the landfill consisted of a burn pit in which wastes were incinerated. By December 1969, burn operations were discontinued, and the landfill was used solely for disposal of wastes. Between 1969 and 1972, landfill disposal operations expanded to include the central and northern portions of the Site and the property north of the Site. Between 1972 and 1974, disposal activities were generally concentrated in the northern parts of the islet. In December 1974, the City of Port Arthur closed the landfill in accordance with Texas Department of Health regulations, which required covering the entire landfill with approximately two feet of fine-grained fill material. The cover material is believed to be dredge spoils that originated on the islet. Site operations began about 1973 under the names of State Welding and Marine Works and the Golden Triangle Shipyard. The construction of wastewater impoundments in the northwestern portion of the Site was also reported. The impoundments were reportedly unlined earthen dike areas approximately two acres in size used to store oil and wastewater from bargecleaning operations. Inspection reports indicate that wastewater from bargecleaning operations was directed to two aboveground storage tanks and then VerDate Mar<15>2010 16:04 Jul 28, 2011 Jkt 223001 pumped to the wastewater impoundments. Some of the oil from the tanks was diverted to an old ship, located on the land, that was used as an oil/water separator. Oil from the separator was collected for reuse, potentially on the Site. The Site included the locations of the former wastewater impoundments, waste water treatment facility, tar burn area, above ground storage tank area, maintenance shed area, distillation column, the former location of the Lauren Refining Company Tank Farm area, non-source areas of the Site, sediments, and ground water. The Site is currently being operated by the owner as an industrial property for metal scrapping activities. The surface water migration pathway was scored as part of the Hazard Ranking System Documentation Record. EPA determined that the Site warranted further investigation to assess the nature and extent of the human health and environmental risks associated with the Site’s previous barge-cleaning and landfill activities. The site was proposed to be included on the NPL on March 6, 1998 (63 FR 11340) and made final July 28, 1998 (63 FR 40182). The EPA’s Time Critical Removal Action, completed in August 2001, consisted of the removal and off-site disposal of waste materials, water treatment, oil and water separation, and stabilization and off-site disposal of sludge materials. This Removal Action addressed the materials that posed a risk to human health and ecological receptors. The investigations of the Site included the locations of the former wastewater impoundments, waste water treatment facility, tar burn area, above ground storage tank area, maintenance shed area, Lauren Refining Company tank farm area, non-source areas of the Site, ground water, and the sediments of Sabine Lake. Remedial Investigation and Supplemental Remedial Investigation The objectives of the Remedial Investigation (RI) for the Site were to: • To determine the nature and extent of contamination known or suspected on-site and off-site locations, and • To assess the potential human health and ecological risks associated with the Site. The objectives of the Supplemental Remedial Investigation (SRI) for the Site were to: • Collect and analyze sediment samples to determine if contaminants in Sabine Lake sediments posed an unacceptable risk to benthic organisms. • Collect and analyze subsurface soil samples from the wastewater PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 impoundment area to determine if contaminants in the impoundment soil could serve as a potential source of contamination to the ground water and eventually to benthic organisms in the sediments of Sabine Lake. • Collect and analyze subsurface soil samples from the wastewater impoundment area to determine if contaminants in the impoundment soil posed an unacceptable risk to future onsite construction workers. • Install and develop monitoring wells at two of the soil boring locations in the wastewater impoundment area for associated ground water sampling. • Collect and analyze ground water samples to determine if Site ground water is a current or potentially future source of contamination to benthic organisms in Sabine Lake. • Store, analyze, and properly dispose of any investigation-derived waste that is produced during field activities in support of the Supplemental Remedial Investigation. The RI scope of work focused on collecting additional information not obtained during previous investigations. The 2001 RI investigation consisted of two sampling events. The first sampling event consisted of collecting sediment samples from off-site locations in Sabine Lake. The second sampling event consisted of collecting soil and ground water samples from on-site locations. The following tasks were completed during the RI: • Completion of five shallow and six deep borings ranging in depths from 4.0 to 9.0 and 25.0 to 60.0 feet below the ground’s surface (bgs), respectively. • Installation of six ground water monitoring wells. • Collection of surface soil samples from 87 locations ranging in depth from 0.0 to 6.0 inches bgs. • Collection of intertidal samples from nine locations ranging in depth from 0.0 to 6.0 inches bgs. • Collection of sediment samples from 46 locations ranging in depth from 0.0 to 6.0 feet bgs. The RI analytical results were compared to commercial/industrial protective concentration levels (PCLs) established by the Texas Risk Reduction Program, and where appropriate, to background levels for the Site’s contaminants of concern (COCs). The most frequently detected COCs for all sediment samples collected were metals including arsenic, lead, and mercury. For intertidal sediments, six metals (antimony, arsenic, cadmium, lead, mercury, and selenium) and one semi-volatile organic compound (SVOC, pentachlorophenol) exceeded their respective PCLs. Constituents that E:\FR\FM\29JYR1.SGM 29JYR1 jlentini on DSK4TPTVN1PROD with RULES Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations exceeded PCLs for nearshore sediments included six metals (arsenic, barium, beryllium, cadmium, lead, and mercury) and one SVOC (3,3 dichlorobenzidine). Only arsenic, lead, and mercury exceeded PCLs for off-shore sediments. The most frequently detected COCs for soils were metals including antimony, arsenic, barium, lead, mercury, and silver. These metals consistently exceeded the GwSoil PCL (i.e., the soil-to-ground water leaching of COCs to ground water). Based on the distribution of these constituents, their occurrence is most likely a result of the former incineration and landfill operations. In general, the metals were widely distributed across the Site and not limited to the Site’s source areas. Isolated detections of the SVOCs (benzo[a]pyrene, benzo[a]anthracene, benzo[a]fluoranthene, and pentachlorophenol) were reported at relatively low concentrations for on-site soils. Because the SVOC exceedances were only detected at isolated locations, impact from operations on the Site appeared minimal. Nine constituents including eight metals (antimony, arsenic, barium, beryllium, lead, manganese, silver, and thallium) and one SVOC (pentachlorophenol) exceeded GwSoilIng PCLs (Exposure pathway: soil-to-ground water leaching COCs to ground water). Based on a preliminary comparison of ground water analytical results to Class 3 ground water criteria, no constituents exceeded Class 3 ground water PCLs and it is unrealistic to assume any beneficial use of the shallow ground water. The State of Texas defines ground water resources based on water quality and sustainable well yield. A Class 3 ground water bearing unit is not capable of producing greater than a 150 gallon/day ground water flow with a Total Dissolved Solids content less than 10,000 milligrams/liter. The SRI included an investigation of the former wastewater impoundments to determine if waste materials were still present that could be a source of contamination to the Sabine Lake sediments. Soil samples were analyzed for metals and SVOCs. The SRI also included the installation of ground water monitoring wells downgradient of the former wastewater impoundments and the collection of sediments samples from Sabine Lake. These samples were also analyzed for metals and SVOCs. The screening level ecological risk assessment indicates that selenium concentrations in the Site sediments from the SRI may pose a risk to benthic invertebrates; however, the selenium concentrations are within one order of magnitude of the primary effects VerDate Mar<15>2010 16:04 Jul 28, 2011 Jkt 223001 screening level. Furthermore, results from the soils and ground water data do not indicate that a selenium pathway exists from the Site to the sediments as the potential source of selenium contamination. Therefore, the EPA has determined that no Remedial Action is warranted for the Site soils to prevent contamination of the Site sediments. Based on selenium concentrations in the sediments, no Remedial Action is warranted for the Site sediments to protect ecological receptors. Selected Remedy Based on the results of the Baseline Human Health Risk Assessment (BHHRA) and Screening Level Ecological Risk Assessment (SLERA), the EPA’s Selected Remedy for the SMPA Superfund Site, identified in the April 2007 Record of Decision, was ‘‘No Further Action is Necessary.’’ Institutional controls will be required to ensure that the current and future use of the Site remains for industrial or commercial purposes. The ‘‘No Further is Action Necessary’’ remedy is based on an industrial/commercial land use scenario. Remedial Action Objectives The Remedial Action Objectives (RAOs) for the Site are based on the future redevelopment of the Site for industrial/commercial land use and protecting future industrial/construction workers and ecological receptors. The RAOs for the Site were: • Prevent exposure to contaminated soil/sediment via ingestion, inhalation, or dermal contact that would result in an excess carcinogenic risk of 1.0 × 10¥5 or a Hazard Index of 1.0. • Prevent exposure of contaminated soil/sediment to aquatic or terrestrial organisms via direct contact or indirect ingestion of bioaccumulative chemicals that would result in a Hazard Quotient of 1.0. • Prevent or minimize migration of soil contaminants to ground water. • Prevent or minimize further migration of soil and sediment contaminants to surface water that could result in exceedance of ambient water quality criteria. Response Actions Based on the results of the BHHRA and SLERA, the EPA’s Selected Remedy for the SMPA Superfund Site was ‘‘No Further Action is Necessary.’’ The EPA has obtained a Restrictive Covenant from the landowner indicating that the future use of the property is restricted to commercial/industrial purposes. The Restrictive Covenant was filed in the appropriate property records at the PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 45431 County Clerk’s office in Jefferson County on March 25, 2011. Cleanup Goals The cleanup goals, accomplished by the 2001 Time Critical Removal Action, included the removal, treatment, and off-site disposal of the liquids and sludges in the above ground storage tanks and drums. There were no cleanup goals selected in the Record of Decision. Five-Year Reviews Since remaining conditions at the Site will not allow for unlimited use and unrestricted exposure, a Five-Year Review must be conducted for the Site to ensure that future Site development is consistent with the industrial cleanup standards for which the remedy is based and that conditions remain protective of human health and the environment. As part of the Five-Year Review, sediment sampling and monitoring will be considered in Sabine Lake adjacent to the Site to ensure that the remedy remains protective of ecological receptors. The EPA will conduct a statutory review before April 2012. 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 which the EPA relied on for recommendation for the deletion from the NPL are available to the public in the information repositories, and a notice of availability of the Notice of Intent for Deletion has been published in The Port Arthur News to satisfy public participation procedures required by 40 CFR 300.425(e)(4). Determination That the Criteria for Deletion Have Been Met In accordance with 40 CFR 300.425(e), sites may be deleted from the NPL where no further response is appropriate. The EPA, in consultation with the State of Texas (through the Texas Commission on Environmental Quality), has determined that based on the results of the BHHRA and SLERA and the completion of the EPA’s Time Critical Removal Action that addressed contamination at the Site that posed a risk to human health and the environment, the EPA’s Selected Remedy for the SMPA Superfund Site was ‘‘No Further Action is Necessary.’’ The EPA has implemented all appropriate response actions required; no further response action by responsible parties is appropriate; and the RI, SRI, BHHRA, and SLERA have E:\FR\FM\29JYR1.SGM 29JYR1 45432 Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations shown that the release poses no significant threat to public health or the environment under a commercial/ industrial land use scenario and, therefore, the taking of additional remedial measures is not appropriate. EPA received a letter, dated May 25, 2011, from the State of Texas, through the Texas Commission on Environmental Quality, concurring on the deletion of the SMPA Superfund Site from the NPL. Appendix B—[Amended] ■ 2. Table 1 of Appendix B to part 300 is amended by removing ‘‘State Marine of Port Arthur, Jefferson County, TX.’’ V. Deletion Action [EPA–HQ–SFUND–2000–0003; FRL–9445–5] The EPA, with concurrence of the State of Texas, through the Texas Commission on Environmental Quality, has determined that all appropriate response actions under CERCLA, other than Five-Year Reviews, have been completed. Therefore, EPA is deleting the SMPA Superfund 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 September 27, 2011 unless EPA receives adverse comments by August 29, 2011. 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. National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Palmer Barge Line Superfund Site 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: July 22, 2011. Al Armendariz, Regional Administrator, Region 6. For the reasons set out in this document, 40 CFR part 300 is amended as follows: jlentini on DSK4TPTVN1PROD with RULES PART 300—[AMENDED] 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. VerDate Mar<15>2010 16:04 Jul 28, 2011 Jkt 223001 [FR Doc. 2011–19270 Filed 7–28–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Palmer Barge Line (PBL) Superfund Site located in Port Arthur, Texas (Jefferson County), 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 Texas, through the Texas Commission on Environmental Quality, because EPA has determined that all appropriate response actions at these identified parcels under CERCLA, other than Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: This direct final deletion is effective September 27, 2011 unless EPA receives adverse comments by August 29, 2011. 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–2000–0003, by one of the following methods: • http://www.regulations.gov: Follow Internet on-line instructions for submitting comments. • E-mail: Rafael Casanova, casanova. rafael@epa.gov. • Fax: 214–665–6660. SUMMARY: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 • Mail: Rafael A. Casanova; U.S. Environmental Protection Agency, Region 6; Superfund Division (6SF–RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202–2733. • Hand delivery: U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202–2733; Contact: Rafael A. Casanova (214) 665–7437. 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–HQ–AFUND–2000– 0003. 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 hard copy. Publicly available docket materials are available either electronically in http://www. regulations.gov or in hard copy at: 1. U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, E:\FR\FM\29JYR1.SGM 29JYR1

Agencies

[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Rules and Regulations]
[Pages 45428-45432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19270]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1998-0007; FRL-9445-7]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the State Marine of Port Arthur 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final Notice of Deletion of the State Marine of 
Port Arthur (SMPA) Superfund Site located in Port Arthur, Texas 
(Jefferson County), 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 Texas, through the Texas 
Commission on Environmental Quality, because EPA has determined that 
all appropriate response actions at these identified parcels under 
CERCLA, other than Five-Year Reviews, have been completed. However, 
this deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 27, 2011 
unless EPA receives adverse comments by August 29, 2011. 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-1998-0007, by one of the following methods:
     http://www.regulations.gov: Follow Internet on-line 
instructions for submitting comments.
     E-mail: Rafael Casanova, casanova.rafael@epa.gov.
     Fax: 214-665-6660.
     Mail: Rafael A. Casanova; U.S. Environmental Protection 
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite 
1200; Dallas, Texas 75202-2733.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733; 
Contact: Rafael A. Casanova (214) 665-7437. 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-HQ-AFUND-
1998-0007. 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
    1. U.S. Environmental Protection Agency, Region 6; 1445 Ross 
Avenue, Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday 
thru Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. 
Casanova (214) 665-7437.
    2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas 
77642-

[[Page 45429]]

5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.; 
Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 
p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project 
Manager; U.S. Environmental Protection Agency, Region 6; Superfund 
Division (6SF-RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733; telephone number: (214) 665-7437; e-mail: 
casanova.rafael@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 6 is publishing this direct final Notice of Deletion for 
the State Marine of Port Arthur (SMPA) Superfund Site (Site), from the 
National Priorities List (NPL). The NPL constitutes Appendix B of 40 
CFR part 300 which is the 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 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 Sec.  300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for Fund-financed remedial action if future 
conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 27, 2011 unless EPA 
receives adverse comments by August 29, 2011. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent for 
Deletion 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 for Deletion 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 SMPA 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.

III. Deletion Procedures

    The following procedures apply to the deletion of all areas and 
media within the SMPA Superfund Site:
    1. EPA has consulted with the state of Texas prior to developing 
this direct final Notice of Deletion and the Notice of Intent for 
Deletion co-published 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 for Deletion prior to their 
publication today, and the state, through the Texas Commission on 
Environmental Quality, has concurred on this 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 
for Deletion is being published in a major local newspaper, The Port 
Arthur News. The newspaper announces the 30-day public comment period 
concerning the Notice of Intent for Deletion of the Site from the NPL.
    4. The EPA placed copies of documents supporting the 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 for 
Deletion 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 further response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
SMPA Superfund Site from the NPL. A map of the Site, including the 
aerial extent of the Site proposed for deletion, is available in the 
deletion docket:

Site Location and History

    The SMPA Superfund Site (Site, CERCLIS ID--TXD099801102), a former 
barge-cleaning operation and municipal landfill, occupied a 17-acre 
industrial tract of land located approximately 4.5 miles east-northeast 
of the City of Port Arthur on Old Yacht Club Road on Pleasure Islet. 
Pleasure Islet is a peninsula located approximately 0.5 miles southwest 
of the mouth of the Neches River. The Site is bordered by the Palmer 
Barge Line Superfund Site to the north, by Old Yacht Club Road to the 
west, by undeveloped property to the south, and Sabine Lake to the 
east.

[[Page 45430]]

    Pleasure Islet is a manmade landmass consisting of dredge spoils 
generated during the construction and maintenance of the Sabine-Neches 
canal, also called the Intercoastal Waterway. The canal was constructed 
between 1898 and approximately 1920 in the vicinity of Sabine Lake and 
the Neches River, between the current Site location and the mainland. 
Between 1955 and 1957, a portion of the canal along the western side of 
Pleasure Islet was abandoned, and a new canal was cut along the eastern 
and southern sides of Pleasure Islet. Pleasure Islet was created when a 
land bridge was constructed across the abandoned portions of the canal, 
between the northern tip of Pleasure Island and the mainland. Vehicle 
access to the Site is limited to a single dirt road starting at the 
western Site border along Old Yacht Club Road.
    Ownership of Pleasure Islet was transferred from the State of Texas 
to the City of Port Arthur, Texas, in 1955. Development of the islet 
and the Site began after 1957, following construction of the land 
bridge across the abandoned portions of the Sabine-Neches Canal. In 
approximately 1963, the City of Port Arthur began municipal landfill 
operations in the northern and central portions of the islet. 
Initially, the landfill consisted of a burn pit in which wastes were 
incinerated. By December 1969, burn operations were discontinued, and 
the landfill was used solely for disposal of wastes. Between 1969 and 
1972, landfill disposal operations expanded to include the central and 
northern portions of the Site and the property north of the Site. 
Between 1972 and 1974, disposal activities were generally concentrated 
in the northern parts of the islet. In December 1974, the City of Port 
Arthur closed the landfill in accordance with Texas Department of 
Health regulations, which required covering the entire landfill with 
approximately two feet of fine-grained fill material. The cover 
material is believed to be dredge spoils that originated on the islet. 
Site operations began about 1973 under the names of State Welding and 
Marine Works and the Golden Triangle Shipyard. The construction of 
wastewater impoundments in the northwestern portion of the Site was 
also reported. The impoundments were reportedly unlined earthen dike 
areas approximately two acres in size used to store oil and wastewater 
from barge-cleaning operations. Inspection reports indicate that 
wastewater from barge-cleaning operations was directed to two 
aboveground storage tanks and then pumped to the wastewater 
impoundments. Some of the oil from the tanks was diverted to an old 
ship, located on the land, that was used as an oil/water separator. Oil 
from the separator was collected for reuse, potentially on the Site. 
The Site included the locations of the former wastewater impoundments, 
waste water treatment facility, tar burn area, above ground storage 
tank area, maintenance shed area, distillation column, the former 
location of the Lauren Refining Company Tank Farm area, non-source 
areas of the Site, sediments, and ground water. The Site is currently 
being operated by the owner as an industrial property for metal 
scrapping activities.
    The surface water migration pathway was scored as part of the 
Hazard Ranking System Documentation Record. EPA determined that the 
Site warranted further investigation to assess the nature and extent of 
the human health and environmental risks associated with the Site's 
previous barge-cleaning and landfill activities. The site was proposed 
to be included on the NPL on March 6, 1998 (63 FR 11340) and made final 
July 28, 1998 (63 FR 40182).
    The EPA's Time Critical Removal Action, completed in August 2001, 
consisted of the removal and off-site disposal of waste materials, 
water treatment, oil and water separation, and stabilization and off-
site disposal of sludge materials. This Removal Action addressed the 
materials that posed a risk to human health and ecological receptors.
    The investigations of the Site included the locations of the former 
wastewater impoundments, waste water treatment facility, tar burn area, 
above ground storage tank area, maintenance shed area, Lauren Refining 
Company tank farm area, non-source areas of the Site, ground water, and 
the sediments of Sabine Lake.

Remedial Investigation and Supplemental Remedial Investigation

    The objectives of the Remedial Investigation (RI) for the Site were 
to:
     To determine the nature and extent of contamination known 
or suspected on-site and off-site locations, and
     To assess the potential human health and ecological risks 
associated with the Site.
    The objectives of the Supplemental Remedial Investigation (SRI) for 
the Site were to:
     Collect and analyze sediment samples to determine if 
contaminants in Sabine Lake sediments posed an unacceptable risk to 
benthic organisms.
     Collect and analyze subsurface soil samples from the 
wastewater impoundment area to determine if contaminants in the 
impoundment soil could serve as a potential source of contamination to 
the ground water and eventually to benthic organisms in the sediments 
of Sabine Lake.
     Collect and analyze subsurface soil samples from the 
wastewater impoundment area to determine if contaminants in the 
impoundment soil posed an unacceptable risk to future onsite 
construction workers.
     Install and develop monitoring wells at two of the soil 
boring locations in the wastewater impoundment area for associated 
ground water sampling.
     Collect and analyze ground water samples to determine if 
Site ground water is a current or potentially future source of 
contamination to benthic organisms in Sabine Lake.
     Store, analyze, and properly dispose of any investigation-
derived waste that is produced during field activities in support of 
the Supplemental Remedial Investigation.
    The RI scope of work focused on collecting additional information 
not obtained during previous investigations. The 2001 RI investigation 
consisted of two sampling events. The first sampling event consisted of 
collecting sediment samples from off-site locations in Sabine Lake. The 
second sampling event consisted of collecting soil and ground water 
samples from on-site locations. The following tasks were completed 
during the RI:
     Completion of five shallow and six deep borings ranging in 
depths from 4.0 to 9.0 and 25.0 to 60.0 feet below the ground's surface 
(bgs), respectively.
     Installation of six ground water monitoring wells.
     Collection of surface soil samples from 87 locations 
ranging in depth from 0.0 to 6.0 inches bgs.
     Collection of intertidal samples from nine locations 
ranging in depth from 0.0 to 6.0 inches bgs.
     Collection of sediment samples from 46 locations ranging 
in depth from 0.0 to 6.0 feet bgs.
    The RI analytical results were compared to commercial/industrial 
protective concentration levels (PCLs) established by the Texas Risk 
Reduction Program, and where appropriate, to background levels for the 
Site's contaminants of concern (COCs).
    The most frequently detected COCs for all sediment samples 
collected were metals including arsenic, lead, and mercury. For 
intertidal sediments, six metals (antimony, arsenic, cadmium, lead, 
mercury, and selenium) and one semi-volatile organic compound (SVOC, 
pentachlorophenol) exceeded their respective PCLs. Constituents that

[[Page 45431]]

exceeded PCLs for nearshore sediments included six metals (arsenic, 
barium, beryllium, cadmium, lead, and mercury) and one SVOC (3,3 
dichlorobenzidine). Only arsenic, lead, and mercury exceeded PCLs for 
off-shore sediments.
    The most frequently detected COCs for soils were metals including 
antimony, arsenic, barium, lead, mercury, and silver. These metals 
consistently exceeded the \Gw\Soil PCL (i.e., the soil-to-ground water 
leaching of COCs to ground water). Based on the distribution of these 
constituents, their occurrence is most likely a result of the former 
incineration and landfill operations. In general, the metals were 
widely distributed across the Site and not limited to the Site's source 
areas.
    Isolated detections of the SVOCs (benzo[a]pyrene, 
benzo[a]anthracene, benzo[a]fluoranthene, and pentachlorophenol) were 
reported at relatively low concentrations for on-site soils. Because 
the SVOC exceedances were only detected at isolated locations, impact 
from operations on the Site appeared minimal.
    Nine constituents including eight metals (antimony, arsenic, 
barium, beryllium, lead, manganese, silver, and thallium) and one SVOC 
(pentachlorophenol) exceeded \Gw\SoilIng PCLs (Exposure 
pathway: soil-to-ground water leaching COCs to ground water). Based on 
a preliminary comparison of ground water analytical results to Class 3 
ground water criteria, no constituents exceeded Class 3 ground water 
PCLs and it is unrealistic to assume any beneficial use of the shallow 
ground water. The State of Texas defines ground water resources based 
on water quality and sustainable well yield. A Class 3 ground water 
bearing unit is not capable of producing greater than a 150 gallon/day 
ground water flow with a Total Dissolved Solids content less than 
10,000 milligrams/liter.
    The SRI included an investigation of the former wastewater 
impoundments to determine if waste materials were still present that 
could be a source of contamination to the Sabine Lake sediments. Soil 
samples were analyzed for metals and SVOCs. The SRI also included the 
installation of ground water monitoring wells downgradient of the 
former wastewater impoundments and the collection of sediments samples 
from Sabine Lake. These samples were also analyzed for metals and 
SVOCs.
    The screening level ecological risk assessment indicates that 
selenium concentrations in the Site sediments from the SRI may pose a 
risk to benthic invertebrates; however, the selenium concentrations are 
within one order of magnitude of the primary effects screening level. 
Furthermore, results from the soils and ground water data do not 
indicate that a selenium pathway exists from the Site to the sediments 
as the potential source of selenium contamination. Therefore, the EPA 
has determined that no Remedial Action is warranted for the Site soils 
to prevent contamination of the Site sediments. Based on selenium 
concentrations in the sediments, no Remedial Action is warranted for 
the Site sediments to protect ecological receptors.

Selected Remedy

    Based on the results of the Baseline Human Health Risk Assessment 
(BHHRA) and Screening Level Ecological Risk Assessment (SLERA), the 
EPA's Selected Remedy for the SMPA Superfund Site, identified in the 
April 2007 Record of Decision, was ``No Further Action is Necessary.'' 
Institutional controls will be required to ensure that the current and 
future use of the Site remains for industrial or commercial purposes. 
The ``No Further is Action Necessary'' remedy is based on an 
industrial/commercial land use scenario.

Remedial Action Objectives

    The Remedial Action Objectives (RAOs) for the Site are based on the 
future redevelopment of the Site for industrial/commercial land use and 
protecting future industrial/construction workers and ecological 
receptors. The RAOs for the Site were:
     Prevent exposure to contaminated soil/sediment via 
ingestion, inhalation, or dermal contact that would result in an excess 
carcinogenic risk of 1.0 x 10-5 or a Hazard Index of 1.0.
     Prevent exposure of contaminated soil/sediment to aquatic 
or terrestrial organisms via direct contact or indirect ingestion of 
bioaccumulative chemicals that would result in a Hazard Quotient of 
1.0.
     Prevent or minimize migration of soil contaminants to 
ground water.
     Prevent or minimize further migration of soil and sediment 
contaminants to surface water that could result in exceedance of 
ambient water quality criteria.

Response Actions

    Based on the results of the BHHRA and SLERA, the EPA's Selected 
Remedy for the SMPA Superfund Site was ``No Further Action is 
Necessary.'' The EPA has obtained a Restrictive Covenant from the 
landowner indicating that the future use of the property is restricted 
to commercial/industrial purposes. The Restrictive Covenant was filed 
in the appropriate property records at the County Clerk's office in 
Jefferson County on March 25, 2011.

Cleanup Goals

    The cleanup goals, accomplished by the 2001 Time Critical Removal 
Action, included the removal, treatment, and off-site disposal of the 
liquids and sludges in the above ground storage tanks and drums. There 
were no cleanup goals selected in the Record of Decision.

Five-Year Reviews

    Since remaining conditions at the Site will not allow for unlimited 
use and unrestricted exposure, a Five-Year Review must be conducted for 
the Site to ensure that future Site development is consistent with the 
industrial cleanup standards for which the remedy is based and that 
conditions remain protective of human health and the environment. As 
part of the Five-Year Review, sediment sampling and monitoring will be 
considered in Sabine Lake adjacent to the Site to ensure that the 
remedy remains protective of ecological receptors. The EPA will conduct 
a statutory review before April 2012.

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 which the EPA relied on 
for recommendation for the deletion from the NPL are available to the 
public in the information repositories, and a notice of availability of 
the Notice of Intent for Deletion has been published in The Port Arthur 
News to satisfy public participation procedures required by 40 CFR 
300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    In accordance with 40 CFR 300.425(e), sites may be deleted from the 
NPL where no further response is appropriate. The EPA, in consultation 
with the State of Texas (through the Texas Commission on Environmental 
Quality), has determined that based on the results of the BHHRA and 
SLERA and the completion of the EPA's Time Critical Removal Action that 
addressed contamination at the Site that posed a risk to human health 
and the environment, the EPA's Selected Remedy for the SMPA Superfund 
Site was ``No Further Action is Necessary.'' The EPA has implemented 
all appropriate response actions required; no further response action 
by responsible parties is appropriate; and the RI, SRI, BHHRA, and 
SLERA have

[[Page 45432]]

shown that the release poses no significant threat to public health or 
the environment under a commercial/industrial land use scenario and, 
therefore, the taking of additional remedial measures is not 
appropriate. EPA received a letter, dated May 25, 2011, from the State 
of Texas, through the Texas Commission on Environmental Quality, 
concurring on the deletion of the SMPA Superfund Site from the NPL.

V. Deletion Action

    The EPA, with concurrence of the State of Texas, through the Texas 
Commission on Environmental Quality, has determined that all 
appropriate response actions under CERCLA, other than Five-Year 
Reviews, have been completed. Therefore, EPA is deleting the SMPA 
Superfund 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 September 27, 2011 unless EPA receives adverse comments by 
August 29, 2011. 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: July 22, 2011.
Al Armendariz,
Regional Administrator, Region 6.

    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.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``State 
Marine of Port Arthur, Jefferson County, TX.''

[FR Doc. 2011-19270 Filed 7-28-11; 8:45 am]
BILLING CODE 6560-50-P