National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Koppers Co., Inc. (Florence Plant) Superfund Site, 24134-24138 [2013-09540]
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
14.2.2 Eligible Matter
[Revise 14.2.2 as follows:]
Special handling service is available
only for Express Mail, Priority Mail
(excluding Critical Mail), First-Class
Mail, First-Class Package Service,
Standard Post, Package Services, and
Parcel Select (except Parcel Select
Lightweight) pieces.
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[Revise title of 14.2.4 and text as
follows:]
14.2.4 Bees, Day-Old Poultry and
Adult Birds
Special handling is required for
shipments containing day-old poultry,
adult birds and bulk shipments of bees
(e.g. a queen bee packaged with an
attending swarm), regardless of the class
of mail purchased.
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[Delete item 14.2.6 in its entirety]
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600 Basic Standards for All Mailing
Services
601
Mailability
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9.0
Perishables
*
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9.3
Live Animals
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*
[Revise the second sentence of 9.3.2
as follows.]
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9.3.2 Day-Old Poultry
* * * Live day-old chickens, ducks,
emus, geese, guinea fowl, partridges,
pheasants (pheasants may be mailed
only from April through August), quail,
and turkeys are acceptable in the mail
only if:
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[Revise the text of item f as follows:]
f. The shipment bears special
handling postage in addition to regular
postage.
*
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[Revise and reformat 9.3.3 to include
a new last sentence, and a new item a
and b as follows:]
9.3.3 Small Cold-Blooded Animals
* * * The following also apply:
a. Reptiles (e.g. lizards, skinks, and
baby alligators and caimans not more
than 20 inches long) must be mailed by
Express Mail, Priority Mail (excluding
Critical Mail), First-Class Mail (parcels
only), or First-Class Package Services.
b. Amphibians (e.g. toads, frogs, and
salamanders) must be mailed by Express
Mail, Priority Mail (excluding Critical
Mail), First-Class Mail (parcels only), or
First-Class Mail Package Services.
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[Revise title and introductory text of
9.3.4 as follows:]
9.3.4 Adult Birds
Disease-free adult birds, weighing no
more than 25 pounds, may be mailed
domestically. Mailers must be
compliant with all applicable
governmental laws and regulations,
including the Lacey Act, the
Endangered Species Act (ESA), and
regulations of the U.S. Department of
Agriculture, U.S. Fish and Wildlife
Service, and any state, municipal or
local ordinances. Mailings must also be
compliant with the guidelines provided
in USPS Publication 14, Prohibitions
and Restrictions on Mailing Animals,
Plants, and Related Matter, Chapter 5.
In addition, each container or package
must be marked as required by U.S. Fish
and Wildlife Service under 50 CFR 14.
Adult birds are mailable as follows:
[Revise 9.3.4a as follows:]
a. The mailer must send adult fowl by
Express Mail, including Special
Handling service, in secure containers
approved by the manager, Product
Classification (see 608.8.0 for address).
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9.3.7 Bees
[Revise the second sentence of 9.3.7
as follows:]
* * * Bulk shipments of bees (e.g. a
queen bee packaged with an attending
swarm) must include postage for special
handling service. * * *
*
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if our proposal is
adopted.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2013–09603 Filed 4–23–13; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2005–0011; FRL–9805–7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Koppers Co., Inc. (Florence
Plant) Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is issuing a
Notice of Intent to Delete the Koppers
SUMMARY:
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Co., Inc. (Florence Plant) Superfund Site
(Site) located in Florence, South
Carolina, 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 South Carolina Department of
Health and Environmental Control
(SCDHEC) have determined that no
further response activities under
CERCLA are appropriate. However, this
deletion does not preclude future
actions under Superfund.
DATES: Comments must be received by
May 24, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2005–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• Email: jones.yvonneo@epa.gov.
• Fax: 404–562–8788 Attention:
Yvonne Jones.
• Mail: Yvonne Jones, Remedial
Project Manager, Superfund Remedial
Section, 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. The Regional EPA Office is
open for business Monday through
Friday, 8:30 a.m. to 4:00 p.m., excluding
Federal Holidays.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2005–
0011. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
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means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
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 https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information where
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in the hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at:
Regional Site Information Repository:
U.S. EPA Record Center, Attn: Ms. Anita
Davis, Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, Georgia
30303–8960. Hours of Operation (by
appointment only): 8:30 a.m. to 4:00
p.m., Monday through Friday.
Local Site Information Repository:
Florence County Library, 509 S. Dargan
Street, Florence, SC 29506. Hours of
Operation: 9:00 a.m.–8:30 p.m., Monday
through Thursday. 9:00 a.m.–5:30 p.m.,
Friday through Saturday. 2:00 p.m.–6:00
p.m., Sunday.
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FOR FURTHER INFORMATION CONTACT:
Yvonne Jones, Remedial Project
Manager, Superfund Remedial Section,
Superfund Remedial Branch, Superfund
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960, (404)
562–8793, Electronic mail at:
jones.yvonneo@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
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I. Introduction
EPA Region 4 announces its intent to
delete the Koppers Co., Inc. (Florence
Plant) Superfund Site (Site) from the
National Priorities List (NPL) and
requests public comment on this
proposed action. The NPL constitutes
Appendix B of 40 CFR part 300 which
is the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP), which EPA promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended. As
a general matter, deletion of the Koppers
Co., Inc. (Florence Plant) Superfund Site
from the NPL will clarify that the South
Carolina Department of Health and
Environmental Control (SCDHEC),
Bureau of Land and Waste Management
Resource Conservation and Recovery
Act (‘‘RCRA’’) Program will have
primary responsibility for ensuring that
the hazardous wastes released at the
Site are appropriately remediated.
Notwithstanding any such deletion of
this Site from the NPL, in the event that
conditions at this Site warrant
additional remedial corrective action,
this Site remains eligible for Fundfinanced remedial action. Pursuant to
section 300.425(e)(3) of the NCP, 40 CFR
300.425(e)(3): ‘‘All releases deleted from
the NPL are eligible for further Fundfinanced remedial actions should future
conditions warrant such action.
Whenever there is a significant release
from a site deleted from the NPL, the
site shall be restored to the NPL without
application of the [Hazard Ranking
System].’’ Therefore, deletion of this, or
any other, site from the NPL does not
preclude eligibility for subsequent
Fund-financed remedial action if future
conditions warrant such action.
EPA will accept comments on the
proposal to delete this site for thirty (30)
days after publication of this document
in the Federal Register.
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 Koppers Co., Inc.
(Florence Plant) Superfund Site and
demonstrates how it meets the deletion
criteria.
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
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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.
Consistent with Section 300.425(e) of
the NCP, 40 CFR 300.425(e), EPA
proposes deletion of the Koppers Co.,
Inc. (Florence Plant) Site because, as
explained further below, no further
CERCLA response is appropriate. This
determination is based on a policy that
EPA has adopted for implementation of
the NPL deletion criteria. This policy,
entitled ‘‘The National Priorities List for
Uncontrolled Hazardous Waste Sites;
Deletion Policy for Resource
Conservation and Recovery Act
Facilities,’’ was published in the
Federal Register on March 20, 1995 (60
FR 14641). This policy sets forth the
following criteria and their general
application for deleting RCRA facilities
from the NPL:
1. If evaluated under EPA’s current
RCRA/NPL deferral policy (which refers
to the policy in effect at the time the
deletion decision is made. As past
Federal Register notices demonstrate,
the RCRA/NCP deferral policy has
changed, and may continue to change
based upon the Agency’s continued
evaluation of how best to implement the
statutory authority of RCRA and
CERCLA), the site would be eligible for
deferral from listing on the NPL;
2. The CERCLA site is currently being
addressed by RCRA corrective action
authorities under an existing
enforceable order, or permit, containing
corrective action provisions;
3. Response under RCRA is
progressing adequately; and
4. Deletion would not disrupt an
ongoing CERCLA action.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the State of
South Carolina before developing this
Notice of Intent to Delete.
(2) The State of South Carolina,
through SCDHEC, has concurred with
deletion of the Site from the NPL.
(3) Concurrently with the publication
of this Notice of Intent to Delete in the
Federal Register, a notice is being
published in a major local newspaper,
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Florence Morning News. 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.
If adverse comments are received
within the 30-day public comment
period on this document, EPA will
evaluate and respond appropriately to
the comments before making a final
decision to delete. If necessary, EPA
will prepare a Responsiveness Summary
to address any significant public
comments received. After the public
comment period, if EPA determines it is
still appropriate to delete the Site, the
Regional Administrator will publish a
final Notice of Deletion in the Federal
Register. Public notices, public
submissions and copies of the
Responsiveness Summary, if prepared,
will be made available to interested
parties, and will be placed in the site
information repositories listed above.
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.
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IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL.
A. Site Background
The Koppers Co., Inc. (Florence Plant)
Superfund Site (Facility) (EPA CERCLIS
Identification Number SCD003353026)
is situated within an approximate 200acre tract located along North Koppers
Street in Florence, Florence County,
South Carolina. The Facility is within
an area that is currently zoned
industrial. The surrounding property is
used for a mixture of industrial,
commercial, residential, and
transportation purposes. Private
residential development borders the
northwest portion of the Facility. CSX
Transportation owns and operates a rail
yard immediately south of the Facility.
Areas to the north, west, and east are
relatively undeveloped. The Florence
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City-County Airport is located south of
the Facility across U.S. Highway 76/301.
Constructed by the American Lumber
and Treating Company, the Facility has
been in operation since 1946. Koppers
Company, Inc. (KCI) acquired the
property in 1954. On December 29,
1988, KCI sold certain of its business
assets, including the Koppers Facility in
Florence, as well as the right to use the
‘‘Koppers’’ trade name, to Koppers
Industries, Inc., (now known as Koppers
Inc. [KI]). Shortly thereafter, in January
1989, KCI changed its name to ‘‘Beazer
Materials and Services, Inc.,’’ and then
again changed its name, in April 1990,
to ‘‘Beazer East, Inc.’’ (Beazer), its
current name. KI currently owns the
Florence Wood Treating Facility. The
Facility produces treated wood
products, including telephone poles,
railroad ties, and fencing materials for
the utilities, railroad, and construction
industries. The primary wood
preserving processes at the Facility are
pressure treatment with creosote,
pressure treatment with
pentachlorophenol (PCP), and treatment
with chromated-copper arsenate. A fire
retardant was previously (prior to 1988)
used at the Facility. While the Facility
is currently owned and operated by KI,
Beazer retains responsibility for
addressing certain environmental
conditions caused by site activities
occurring before December 1988.
Past practices at the Facility led to
contamination of the soil, sediment and
groundwater. From the beginning of
plant operations until 1979, creosote
and PCP wastes at the Facility were
stored in lagoons located in the
southwest corner of the Facility. In
1979, the use of these lagoons was
discontinued and the waste was landfarmed using a process called spray
irrigation. Prior to closure of the
impoundments and the spray irrigation
field, wastewater flowed to three RCRA
surface impoundments. In 1980, a local
resident notified SCDHEC that water
from his well had a creosote odor and
a foul taste. Other residents of the same
area indicated similar taste and odor
problems with their well water.
SCDHEC officials tested the well water
in this area and determined that it
contained a significant level of creosote.
In response to the findings at the
Facility, in October 1981, SCDHEC
issued Consent Order 81–56–W
requiring KCI (now known as Beazer) to
proceed with studies to investigate
groundwater conditions. Following
additional negotiations with SCDHEC,
KCI (now known as Beazer) provided
public water to a neighborhood directly
downgradient of the Facility by funding
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water main extensions to the City of
Florence water supply system.
From 1981 to the present, various
investigations have been performed at
the Facility. Contaminants identified as
being of concern included PCP and
other chlorinated phenols, polycyclic
aromatic hydrocarbons, copper,
chromium, arsenic, and varied
constituents of creosote. As an interim
measure, KCI constructed a groundwater
containment and recovery system at the
Facility in August 1983. Due to the
presence of groundwater contamination,
EPA also proposed the Site on the NPL
on September 8, 1983 (48 FR 40674) and
finalized the Site on the NPL on
September 21, 1984 (49 FR 37070).
Facility-wide investigations began in
1986, with EPA conducting the RCRA
Facility Assessment (RFA). The RFA
identified thirty-three solid waste
management units (SWMUs) located
throughout the Facility. To simplify the
response efforts, EPA, SCDHEC, and KCI
(now known as Beazer) agreed to
implement a Facility-wide approach to
address historical releases from all
former Facility sources and the thirtythree SWMUs. To further address the
Site, in February 3, 1988, EPA issued a
RCRA 3008(h) Consent Order (Docket
Number 88–03–R) (RCRA CO) requiring
KCI (now known as Beazer) to perform
a RCRA Facility Investigation, Health
and Ecological Risk Assessment and a
Corrective Measures Study (RFI/HERA/
CMS) at the Facility.
Concurrent with the RFI/HERA/CMS,
in September 1995, SCDHEC issued the
Post-Closure Care Hazardous Waste
Permit (Permit Number SCD 003 353
026) requiring KI and Beazer to conduct
long-term monitoring and maintenance
activities necessary to protect the
surrounding environment and
population from releases of hazardous
constituents. The 1995 Post-Closure
Care Hazardous Waste Permit
incorporates the RCRA CO .
Pursuant to the RCRA CO and the
1995 Post-Closure Care Hazardous
Waste Permit, the CMS was finalized in
August 2006. The findings of the RFI/
HERA/CMS identified potential risks
from several areas at the Facility and
required corrective measures for the
following media to address those risks:
On-site Facility Soils: Consists of
potentially impacted surface and
subsurface soils within the property
boundary of the Facility known as the
Inactive Non-Process Area (INPA). The
INPA is located in a wooded area
immediately west of the active portion
of the Facility approximately 100 feet
upstream of Outfall 001.
Off-site Facility Soils: Consists of
potentially impacted surface soil within
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the drainage ditch downgradient of
Outfall 001. The Outfall 001 channel
area is located adjacent to the southwest
corner of the Facility on property owned
by the CSX Corporation.
Off-site Facility Sediment: Consists of
potentially impacted stream sediments
in Two-Mile Creek, downgradient, and
near the stormwater detention pond.
Two Mile Creek is located
approximately 400 feet east of the Site
entrance.
Groundwater: Consists of on-site
Facility and off-site Facility potentially
impacted groundwater present within
the upper unconfined water-bearing
zone.
Taking into consideration regulatory
requirements and the results of the
HERA, the following Corrective Action
Objectives (CAOs) were developed:
On-Site CAOs
• Soils—Mitigate unacceptable
exposures to Site-related constituents in
soils for potential on-site Facility
receptors.
• Groundwater—Mitigate potential
future exposure to Site-related
groundwater constituents that exceed
the safe drinking water standards or
acceptable risk levels.
• Manage dense non-aqueous phase
liquid (DNAPL) in accordance with EPA
guidance on NAPLs.
Off-Site CAOs
• Surface Soils/Sediments—Mitigate
unacceptable exposures to Site-related
constituents in surface soils and
sediments for potential off-site Facility
receptors.
• Groundwater—Mitigate potential
exposure to groundwater constituents
that exceed the safe drinking water
standards or acceptable risk levels.
Manage DNAPL in accordance with EPA
guidance on NAPLs.
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Additional CAOs
• Perform comprehensive corrective
actions that integrate the components of
the Facility-wide and the regulated unit
corrective measures;
• Optimize long-term operations and
maintenance (O&M); and
• Establish appropriate Institutional
Controls to ensure that future use is
consistent with the CAOs.
To achieve the CAOs, the facility
completed the Corrective Measures
(CM) Work Plan in December 2011.The
CM Work Plan presents the approach to
implement corrective measures at the
following areas:
Inactive Non-Process Area (INPA)
The area of excavation is
approximately 5,200 square feet in size.
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Six inches of soil, [approximately 100
cubic yards (cy)] will be excavated from
this area and placed in the on-site
Corrective Action Management Unit
(CAMU). Imported fill material will be
used to restore the excavated area to
original contours. Once the area has
been backfilled and graded, the area will
be revegetated (seeded and mulched).
Mulching will consist of the placement
of an erosion control mulch blanket.
Channel Below Outfall 001
The area of excavation is
approximately 93,300 square feet. Two
feet of soil (approximately 6,900 cy) will
be excavated from this area and placed
in the on-site CAMU. Imported fill
material will be used to restore the
excavated area to near-original contours.
Once the area has been backfilled and
graded, the area will be revegetated.
Two Localized and Nearby Segments
Within Two Mile Creek
Two areas totaling approximately
2,300 square feet will be excavated
within the streambed. One foot of soil
(approximately 85 cy) will be excavated
from these areas, which are located on
the north and south sides of North
Koppers Street, and placed in the onsite CAMU. Imported fill material with
a gradation similar to the existing
channel substrate will be used to restore
the channel bottom. Once the streambed
has been reestablished, any areas
adjacent to the creek that were disturbed
in order to provide access to the work
areas will be revegetated.
The construction activities described
in the CM Work Plan commenced on
April 23, 2012 and concluded in
November 2012. A construction
completion report will be submitted to
SCDHEC for review and approval. In
addition, beginning at the end of the
fifth year of operation and maintenance
and monitoring, the system
effectiveness will be evaluated at 5-year
intervals. In addition, a Corrective
Measure completion report will be
submitted to SCDHEC when the
corrective measure criteria have been
satisfied.
The Facility is subject to
environmental investigation and
remedial obligations pursuant to
CERCLA, the requirements of the RCRA
CO and the corrective action
requirements of the South Carolina
Hazardous and Solid Waste
Amendments (HSWA) portion of the
Post-Closure Care Permit. EPA and
SCDHEC have agreed that the RCRA
Program has primary responsibility for
the ongoing activities at the Site.
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B. Determination That the Site Meets the
RCRA Deferral Criteria Set Forth in
EPA’s March 20, 1995, Policy
1. If evaluated under EPA’s current
RCRA/NPL deferral policy, the Site
would be eligible for deferral from
listing on the NPL.
At the time of the NPL listing, the Site
posed a threat to human health and the
environment that was not being
addressed under CERCLA, or RCRA
corrective action authorities. At that
time, EPA determined that the most
expeditious way to address the
contamination at the Site was through
the use of CERCLA authorities. Prior to
the enactment of the HSWA in 1984
only releases to groundwater from
regulated units, i.e. surface
impoundments, waste piles, land
treatment areas, and landfills, were
subject to corrective action requirements
under RCRA. The enactment of HSWA
greatly expanded RCRA Subtitle C
corrective action authorities. As a result,
KCI (now known as Beazer) and EPA on
February 3, 1988, entered into a RCRA
CO and the order has been addressing
all of the contamination at the Site
pursuant to section 3008(h) of RCRA. In
addition, in September 1995, SCDHEC
issued the Post-Closure Care Hazardous
Waste Permit requiring KI and Beazer to
conduct long-term monitoring and
maintenance activities necessary to
protect the surrounding environment
and population from releases of
hazardous constituents. This 1995 PostClosure Care Hazardous Waste Permit
included post-closure care of the three
former RCRA surface impoundments
and the thirty-three SWMUs.
Furthermore, the 1995 Post-Closure Care
Hazardous Waste Permit incorporates
the RCRA CO. KCI (now known as
Beazer) is fulfilling the conditions of the
RCRA CO, and is in compliance with
the RCRA CO, and the Post-Closure Care
Hazardous Waste Permit. Consequently,
if this Site was evaluated for NPL listing
under the current conditions, the Site
would qualify for deferral to RCRA.
2. The CERCLA Site is currently being
addressed by RCRA corrective action
authorities under an existing
enforceable order, and permit
containing corrective action provisions.
As described previously, EPA and
Beazer (previously known as KCI)
entered into a RCRA CO, pursuant to
section 3008(h) of RCRA, on February 3,
1988. Under the terms of that RCRA CO,
Beazer (then known as KCI) was
required to complete an on-site and offsite investigation of the nature and
extent of the release of hazardous wastes
from the Site, and to conduct a study to
evaluate various cleanup alternatives.
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tkelley on DSK3SPTVN1PROD with PROPOSALS
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
Beazer is fulfilling the conditions of the
RCRA CO, and is currently in
compliance with the RCRA CO, and the
Post-Closure Care Hazardous Waste
Permit.
As also described previously, the
1988 RCRA CO will remain in effect
until such time when SCDHEC
determines that the terms of this order
have been satisfied. All known
contaminated media (groundwater and
soils), on and off-site, are being
addressed through SCDHEC, and EPA’s
exercise of its corrective action
authorities pursuant to RCRA.
3. Response under RCRA is
progressing adequately.
Corrective action is progressing
satisfactorily under the RCRA CO, as
described above. Pursuant to the RCRA
CO, Beazer has completed the RFI,
HERA, CMS, and is implementing the
selected remedy at the Facility. To
prevent off-site migration of
groundwater contamination, and treat
contaminated groundwater, Beazer
(previously known as KCI) constructed
a groundwater containment and
recovery system at the Facility in
August 1983. Operation and monitoring
activities for the groundwater
containment and recovery system are
ongoing. The construction activities
required to address the soil
contamination concluded in November
2012. Approximately 7000 cubic yards
of soil have been excavated from the
Inactive Non-Process Area, and the
Channel below Outfall 001. This soil
was placed in the on-site CAMU.
Imported fill material was used to
restore the excavated areas to original
contours. In addition, completion of the
construction activities included
excavation of two areas within Two
Mile Creek. There has been no history
of protracted negotiations due to lack of
cooperation.
4. Deletion would not disrupt an
ongoing CERCLA action.
The RCRA Program is implementing
the evaluation and remedy selection
activities normally covered during the
Remedial Investigation/Feasibility
Study process under CERCLA, under
the RCRA CO. In a deferral
memorandum dated October 26, 1987,
EPA issued a decision to transfer the
Facility from Dual CERCLA/RCRA
Coordination to ‘Exclusive RCRA Lead
and Responsibility’. There are no
ongoing CERCLA actions. In addition,
EPA and SCDHEC have agreed that
response activities at the Facility will
continue to proceed through RCRA.
The EPA has received concurrence
from SCDHEC. The EPA concludes that
this Site meets the criteria under the
NPL deletion policy, and announces its
VerDate Mar<15>2010
18:02 Apr 23, 2013
Jkt 229001
intention to delete the Site from the
NPL. The EPA believes it is appropriate
to delete sites from the NPL based upon
the deferral policy to RCRA under these
established circumstances. Deletion of
this Site from the NPL, to defer it to
RCRA Subtitle C corrective action
authorities, avoids possible duplication
of effort, and the need for Beazer to
follow more than one set of regulatory
procedures. Moreover, EPA and
SCDHEC have determined that remedial
actions conducted at the Facility to date
and scheduled in the future under
RCRA, have been and will remain
protective of public health, and the
environment.
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.
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.
Dated: March 13, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2013–09540 Filed 4–23–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 27 and 90
[PS Docket No. 12–94; PS Docket No. 06–
229; and WT Docket No. 06–150; FCC 13–
31]
Implementing Public Safety Broadband
Provisions of the Middle Class Tax
Relief and Job Creation Act of 2012
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) sought comment on
certain proposals to implement
provisions of the Middle Class Tax
Relief and Job Creation Act of 2012
(Public Safety Spectrum Act) governing
deployment of a nationwide public
safety broadband network in the 700
MHz band under a nationwide license
issued to the First Responder Network
Authority (FirstNet). In particular, the
Commission considered the adoption of
initial rules to protect against harmful
radio frequency interference in the
SUMMARY:
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
spectrum designated for public safety
services, as well as other matters related
to FirstNet’s license and to facilitating
the transition directed under the Public
Safety Spectrum Act. The proposals
considered in the document are
intended to provide a solid foundation
for FirstNet’s operations, taking into
account FirstNet’s need for flexibility in
carrying out its statutory duties under
the Public Safety Spectrum Act to
establish a nationwide public safety
broadband network.
DATES: Submit comments on or before
May 24, 2013. Submit reply comments
on or before June 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Gene Fullano, Federal Communications
Commission, Public Safety and
Homeland Security Bureau, 445 12th
Street SW., Room 7–C747, Washington,
DC 20554. Telephone: (202)–418–0492,
email: genaro.fullano@fcc.gov.
SUPPLEMENTARY INFORMATION: In the
Notice of Proposed Rulemaking (NPRM),
FCC 13–31, adopted March 7, 2013, and
released March 8, 2013, the Commission
seeks comment on certain proposals to
implement provisions of the Middle
Class Tax Relief and Job Creation Act of
2012 (‘‘Public Safety Spectrum Act’’ or
‘‘Act’’) 1 governing deployment of a
nationwide public safety broadband
network in the 700 MHz band under a
nationwide license issued to the
FirstNet. The NPRM addresses technical
service rules for the new public safety
broadband network to be established
pursuant to the Public Safety Spectrum
Act. It then considers the Commission’s
statutory responsibilities as they relate
to oversight of FirstNet. Finally, it
addresses different classes of
incumbents now occupying portions of
the spectrum licensed to FirstNet. These
proposals are based on the
Commission’s established authority
under the Communications Act to
regulate use of the spectrum consistent
with the public interest, convenience
and necessity, including the authority to
prescribe power limits and prevent
interference between stations licensed
by the Commission,2 as well as its
licensing authority over FirstNet
provided by the Public Safety Spectrum
Act,3 and its authority under that Act
‘‘to take all actions necessary to
facilitate the transition’’ of the existing
public safety broadband spectrum to
FirstNet.
1 See Middle Class Tax Relief and Job Creation
Act of 2012, Public Law 112–96, 126 Stat. 156
(2012).
2 See, e.g., 47 U.S.C. 303(c), 303(e)–(g), 303(r),
337(d). See also id. sec. 151, 154(i).
3 See Public Safety Spectrum Act 6201(a)–(b).
E:\FR\FM\24APP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Proposed Rules]
[Pages 24134-24138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09540]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2005-0011; FRL-9805-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Koppers Co., Inc. (Florence
Plant) Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing
a Notice of Intent to Delete the Koppers Co., Inc. (Florence Plant)
Superfund Site (Site) located in Florence, South Carolina, 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
South Carolina Department of Health and Environmental Control (SCDHEC)
have determined that no further response activities under CERCLA are
appropriate. However, this deletion does not preclude future actions
under Superfund.
DATES: Comments must be received by May 24, 2013.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2005-0011, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: jones.yvonneo@epa.gov.
Fax: 404-562-8788 Attention: Yvonne Jones.
Mail: Yvonne Jones, Remedial Project Manager, Superfund
Remedial Section, 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. The Regional EPA Office is open for business Monday
through Friday, 8:30 a.m. to 4:00 p.m., excluding Federal Holidays.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2005-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which
[[Page 24135]]
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through https://www.regulations.gov, your
email 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 https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
where disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
Regional Site Information Repository: U.S. EPA Record Center, Attn:
Ms. Anita Davis, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Hours of Operation (by appointment only):
8:30 a.m. to 4:00 p.m., Monday through Friday.
Local Site Information Repository: Florence County Library, 509 S.
Dargan Street, Florence, SC 29506. Hours of Operation: 9:00 a.m.-8:30
p.m., Monday through Thursday. 9:00 a.m.-5:30 p.m., Friday through
Saturday. 2:00 p.m.-6:00 p.m., Sunday.
FOR FURTHER INFORMATION CONTACT: Yvonne Jones, Remedial Project
Manager, Superfund Remedial Section, Superfund Remedial Branch,
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960, (404) 562-8793,
Electronic mail at: jones.yvonneo@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
EPA Region 4 announces its intent to delete the Koppers Co., Inc.
(Florence Plant) Superfund Site (Site) from the National Priorities
List (NPL) and requests public comment on this proposed action. The NPL
constitutes Appendix B of 40 CFR part 300 which is the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) of 1980, as amended.
As a general matter, deletion of the Koppers Co., Inc. (Florence Plant)
Superfund Site from the NPL will clarify that the South Carolina
Department of Health and Environmental Control (SCDHEC), Bureau of Land
and Waste Management Resource Conservation and Recovery Act (``RCRA'')
Program will have primary responsibility for ensuring that the
hazardous wastes released at the Site are appropriately remediated.
Notwithstanding any such deletion of this Site from the NPL, in the
event that conditions at this Site warrant additional remedial
corrective action, this Site remains eligible for Fund-financed
remedial action. Pursuant to section 300.425(e)(3) of the NCP, 40 CFR
300.425(e)(3): ``All releases deleted from the NPL are eligible for
further Fund-financed remedial actions should future conditions warrant
such action. Whenever there is a significant release from a site
deleted from the NPL, the site shall be restored to the NPL without
application of the [Hazard Ranking System].'' Therefore, deletion of
this, or any other, site from the NPL does not preclude eligibility for
subsequent Fund-financed remedial action if future conditions warrant
such action.
EPA will accept comments on the proposal to delete this site for
thirty (30) days after publication of this document in the Federal
Register.
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 Koppers Co., Inc. (Florence
Plant) Superfund Site and demonstrates how it meets the deletion
criteria.
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.
Consistent with Section 300.425(e) of the NCP, 40 CFR 300.425(e),
EPA proposes deletion of the Koppers Co., Inc. (Florence Plant) Site
because, as explained further below, no further CERCLA response is
appropriate. This determination is based on a policy that EPA has
adopted for implementation of the NPL deletion criteria. This policy,
entitled ``The National Priorities List for Uncontrolled Hazardous
Waste Sites; Deletion Policy for Resource Conservation and Recovery Act
Facilities,'' was published in the Federal Register on March 20, 1995
(60 FR 14641). This policy sets forth the following criteria and their
general application for deleting RCRA facilities from the NPL:
1. If evaluated under EPA's current RCRA/NPL deferral policy (which
refers to the policy in effect at the time the deletion decision is
made. As past Federal Register notices demonstrate, the RCRA/NCP
deferral policy has changed, and may continue to change based upon the
Agency's continued evaluation of how best to implement the statutory
authority of RCRA and CERCLA), the site would be eligible for deferral
from listing on the NPL;
2. The CERCLA site is currently being addressed by RCRA corrective
action authorities under an existing enforceable order, or permit,
containing corrective action provisions;
3. Response under RCRA is progressing adequately; and
4. Deletion would not disrupt an ongoing CERCLA action.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State of South Carolina before
developing this Notice of Intent to Delete.
(2) The State of South Carolina, through SCDHEC, has concurred with
deletion of the Site from the NPL.
(3) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper,
[[Page 24136]]
Florence Morning News. 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.
If adverse comments are received within the 30-day public comment
period on this document, EPA will evaluate and respond appropriately to
the comments before making a final decision to delete. If necessary,
EPA will prepare a Responsiveness Summary to address any significant
public comments received. After the public comment period, if EPA
determines it is still appropriate to delete the Site, the Regional
Administrator will publish a final Notice of Deletion in the Federal
Register. Public notices, public submissions and copies of the
Responsiveness Summary, if prepared, will be made available to
interested parties, and will be placed in the site information
repositories listed above.
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.
A. Site Background
The Koppers Co., Inc. (Florence Plant) Superfund Site (Facility)
(EPA CERCLIS Identification Number SCD003353026) is situated within an
approximate 200-acre tract located along North Koppers Street in
Florence, Florence County, South Carolina. The Facility is within an
area that is currently zoned industrial. The surrounding property is
used for a mixture of industrial, commercial, residential, and
transportation purposes. Private residential development borders the
northwest portion of the Facility. CSX Transportation owns and operates
a rail yard immediately south of the Facility. Areas to the north,
west, and east are relatively undeveloped. The Florence City-County
Airport is located south of the Facility across U.S. Highway 76/301.
Constructed by the American Lumber and Treating Company, the
Facility has been in operation since 1946. Koppers Company, Inc. (KCI)
acquired the property in 1954. On December 29, 1988, KCI sold certain
of its business assets, including the Koppers Facility in Florence, as
well as the right to use the ``Koppers'' trade name, to Koppers
Industries, Inc., (now known as Koppers Inc. [KI]). Shortly thereafter,
in January 1989, KCI changed its name to ``Beazer Materials and
Services, Inc.,'' and then again changed its name, in April 1990, to
``Beazer East, Inc.'' (Beazer), its current name. KI currently owns the
Florence Wood Treating Facility. The Facility produces treated wood
products, including telephone poles, railroad ties, and fencing
materials for the utilities, railroad, and construction industries. The
primary wood preserving processes at the Facility are pressure
treatment with creosote, pressure treatment with pentachlorophenol
(PCP), and treatment with chromated-copper arsenate. A fire retardant
was previously (prior to 1988) used at the Facility. While the Facility
is currently owned and operated by KI, Beazer retains responsibility
for addressing certain environmental conditions caused by site
activities occurring before December 1988.
Past practices at the Facility led to contamination of the soil,
sediment and groundwater. From the beginning of plant operations until
1979, creosote and PCP wastes at the Facility were stored in lagoons
located in the southwest corner of the Facility. In 1979, the use of
these lagoons was discontinued and the waste was land-farmed using a
process called spray irrigation. Prior to closure of the impoundments
and the spray irrigation field, wastewater flowed to three RCRA surface
impoundments. In 1980, a local resident notified SCDHEC that water from
his well had a creosote odor and a foul taste. Other residents of the
same area indicated similar taste and odor problems with their well
water. SCDHEC officials tested the well water in this area and
determined that it contained a significant level of creosote. In
response to the findings at the Facility, in October 1981, SCDHEC
issued Consent Order 81-56-W requiring KCI (now known as Beazer) to
proceed with studies to investigate groundwater conditions. Following
additional negotiations with SCDHEC, KCI (now known as Beazer) provided
public water to a neighborhood directly downgradient of the Facility by
funding water main extensions to the City of Florence water supply
system.
From 1981 to the present, various investigations have been
performed at the Facility. Contaminants identified as being of concern
included PCP and other chlorinated phenols, polycyclic aromatic
hydrocarbons, copper, chromium, arsenic, and varied constituents of
creosote. As an interim measure, KCI constructed a groundwater
containment and recovery system at the Facility in August 1983. Due to
the presence of groundwater contamination, EPA also proposed the Site
on the NPL on September 8, 1983 (48 FR 40674) and finalized the Site on
the NPL on September 21, 1984 (49 FR 37070).
Facility-wide investigations began in 1986, with EPA conducting the
RCRA Facility Assessment (RFA). The RFA identified thirty-three solid
waste management units (SWMUs) located throughout the Facility. To
simplify the response efforts, EPA, SCDHEC, and KCI (now known as
Beazer) agreed to implement a Facility-wide approach to address
historical releases from all former Facility sources and the thirty-
three SWMUs. To further address the Site, in February 3, 1988, EPA
issued a RCRA 3008(h) Consent Order (Docket Number 88-03-R) (RCRA CO)
requiring KCI (now known as Beazer) to perform a RCRA Facility
Investigation, Health and Ecological Risk Assessment and a Corrective
Measures Study (RFI/HERA/CMS) at the Facility.
Concurrent with the RFI/HERA/CMS, in September 1995, SCDHEC issued
the Post-Closure Care Hazardous Waste Permit (Permit Number SCD 003 353
026) requiring KI and Beazer to conduct long-term monitoring and
maintenance activities necessary to protect the surrounding environment
and population from releases of hazardous constituents. The 1995 Post-
Closure Care Hazardous Waste Permit incorporates the RCRA CO .
Pursuant to the RCRA CO and the 1995 Post-Closure Care Hazardous
Waste Permit, the CMS was finalized in August 2006. The findings of the
RFI/HERA/CMS identified potential risks from several areas at the
Facility and required corrective measures for the following media to
address those risks:
On-site Facility Soils: Consists of potentially impacted surface
and subsurface soils within the property boundary of the Facility known
as the Inactive Non-Process Area (INPA). The INPA is located in a
wooded area immediately west of the active portion of the Facility
approximately 100 feet upstream of Outfall 001.
Off-site Facility Soils: Consists of potentially impacted surface
soil within
[[Page 24137]]
the drainage ditch downgradient of Outfall 001. The Outfall 001 channel
area is located adjacent to the southwest corner of the Facility on
property owned by the CSX Corporation.
Off-site Facility Sediment: Consists of potentially impacted stream
sediments in Two-Mile Creek, downgradient, and near the stormwater
detention pond. Two Mile Creek is located approximately 400 feet east
of the Site entrance.
Groundwater: Consists of on-site Facility and off-site Facility
potentially impacted groundwater present within the upper unconfined
water-bearing zone.
Taking into consideration regulatory requirements and the results
of the HERA, the following Corrective Action Objectives (CAOs) were
developed:
On-Site CAOs
Soils--Mitigate unacceptable exposures to Site-related
constituents in soils for potential on-site Facility receptors.
Groundwater--Mitigate potential future exposure to Site-
related groundwater constituents that exceed the safe drinking water
standards or acceptable risk levels.
Manage dense non-aqueous phase liquid (DNAPL) in
accordance with EPA guidance on NAPLs.
Off-Site CAOs
Surface Soils/Sediments--Mitigate unacceptable exposures
to Site-related constituents in surface soils and sediments for
potential off-site Facility receptors.
Groundwater--Mitigate potential exposure to groundwater
constituents that exceed the safe drinking water standards or
acceptable risk levels. Manage DNAPL in accordance with EPA guidance on
NAPLs.
Additional CAOs
Perform comprehensive corrective actions that integrate
the components of the Facility-wide and the regulated unit corrective
measures;
Optimize long-term operations and maintenance (O&M); and
Establish appropriate Institutional Controls to ensure
that future use is consistent with the CAOs.
To achieve the CAOs, the facility completed the Corrective Measures
(CM) Work Plan in December 2011.The CM Work Plan presents the approach
to implement corrective measures at the following areas:
Inactive Non-Process Area (INPA)
The area of excavation is approximately 5,200 square feet in size.
Six inches of soil, [approximately 100 cubic yards (cy)] will be
excavated from this area and placed in the on-site Corrective Action
Management Unit (CAMU). Imported fill material will be used to restore
the excavated area to original contours. Once the area has been
backfilled and graded, the area will be revegetated (seeded and
mulched). Mulching will consist of the placement of an erosion control
mulch blanket.
Channel Below Outfall 001
The area of excavation is approximately 93,300 square feet. Two
feet of soil (approximately 6,900 cy) will be excavated from this area
and placed in the on-site CAMU. Imported fill material will be used to
restore the excavated area to near-original contours. Once the area has
been backfilled and graded, the area will be revegetated.
Two Localized and Nearby Segments Within Two Mile Creek
Two areas totaling approximately 2,300 square feet will be
excavated within the streambed. One foot of soil (approximately 85 cy)
will be excavated from these areas, which are located on the north and
south sides of North Koppers Street, and placed in the on-site CAMU.
Imported fill material with a gradation similar to the existing channel
substrate will be used to restore the channel bottom. Once the
streambed has been reestablished, any areas adjacent to the creek that
were disturbed in order to provide access to the work areas will be
revegetated.
The construction activities described in the CM Work Plan commenced
on April 23, 2012 and concluded in November 2012. A construction
completion report will be submitted to SCDHEC for review and approval.
In addition, beginning at the end of the fifth year of operation and
maintenance and monitoring, the system effectiveness will be evaluated
at 5-year intervals. In addition, a Corrective Measure completion
report will be submitted to SCDHEC when the corrective measure criteria
have been satisfied.
The Facility is subject to environmental investigation and remedial
obligations pursuant to CERCLA, the requirements of the RCRA CO and the
corrective action requirements of the South Carolina Hazardous and
Solid Waste Amendments (HSWA) portion of the Post-Closure Care Permit.
EPA and SCDHEC have agreed that the RCRA Program has primary
responsibility for the ongoing activities at the Site.
B. Determination That the Site Meets the RCRA Deferral Criteria Set
Forth in EPA's March 20, 1995, Policy
1. If evaluated under EPA's current RCRA/NPL deferral policy, the
Site would be eligible for deferral from listing on the NPL.
At the time of the NPL listing, the Site posed a threat to human
health and the environment that was not being addressed under CERCLA,
or RCRA corrective action authorities. At that time, EPA determined
that the most expeditious way to address the contamination at the Site
was through the use of CERCLA authorities. Prior to the enactment of
the HSWA in 1984 only releases to groundwater from regulated units,
i.e. surface impoundments, waste piles, land treatment areas, and
landfills, were subject to corrective action requirements under RCRA.
The enactment of HSWA greatly expanded RCRA Subtitle C corrective
action authorities. As a result, KCI (now known as Beazer) and EPA on
February 3, 1988, entered into a RCRA CO and the order has been
addressing all of the contamination at the Site pursuant to section
3008(h) of RCRA. In addition, in September 1995, SCDHEC issued the
Post-Closure Care Hazardous Waste Permit requiring KI and Beazer to
conduct long-term monitoring and maintenance activities necessary to
protect the surrounding environment and population from releases of
hazardous constituents. This 1995 Post-Closure Care Hazardous Waste
Permit included post-closure care of the three former RCRA surface
impoundments and the thirty-three SWMUs. Furthermore, the 1995 Post-
Closure Care Hazardous Waste Permit incorporates the RCRA CO. KCI (now
known as Beazer) is fulfilling the conditions of the RCRA CO, and is in
compliance with the RCRA CO, and the Post-Closure Care Hazardous Waste
Permit. Consequently, if this Site was evaluated for NPL listing under
the current conditions, the Site would qualify for deferral to RCRA.
2. The CERCLA Site is currently being addressed by RCRA corrective
action authorities under an existing enforceable order, and permit
containing corrective action provisions.
As described previously, EPA and Beazer (previously known as KCI)
entered into a RCRA CO, pursuant to section 3008(h) of RCRA, on
February 3, 1988. Under the terms of that RCRA CO, Beazer (then known
as KCI) was required to complete an on-site and off-site investigation
of the nature and extent of the release of hazardous wastes from the
Site, and to conduct a study to evaluate various cleanup alternatives.
[[Page 24138]]
Beazer is fulfilling the conditions of the RCRA CO, and is currently in
compliance with the RCRA CO, and the Post-Closure Care Hazardous Waste
Permit.
As also described previously, the 1988 RCRA CO will remain in
effect until such time when SCDHEC determines that the terms of this
order have been satisfied. All known contaminated media (groundwater
and soils), on and off-site, are being addressed through SCDHEC, and
EPA's exercise of its corrective action authorities pursuant to RCRA.
3. Response under RCRA is progressing adequately.
Corrective action is progressing satisfactorily under the RCRA CO,
as described above. Pursuant to the RCRA CO, Beazer has completed the
RFI, HERA, CMS, and is implementing the selected remedy at the
Facility. To prevent off-site migration of groundwater contamination,
and treat contaminated groundwater, Beazer (previously known as KCI)
constructed a groundwater containment and recovery system at the
Facility in August 1983. Operation and monitoring activities for the
groundwater containment and recovery system are ongoing. The
construction activities required to address the soil contamination
concluded in November 2012. Approximately 7000 cubic yards of soil have
been excavated from the Inactive Non-Process Area, and the Channel
below Outfall 001. This soil was placed in the on-site CAMU. Imported
fill material was used to restore the excavated areas to original
contours. In addition, completion of the construction activities
included excavation of two areas within Two Mile Creek. There has been
no history of protracted negotiations due to lack of cooperation.
4. Deletion would not disrupt an ongoing CERCLA action.
The RCRA Program is implementing the evaluation and remedy
selection activities normally covered during the Remedial
Investigation/Feasibility Study process under CERCLA, under the RCRA
CO. In a deferral memorandum dated October 26, 1987, EPA issued a
decision to transfer the Facility from Dual CERCLA/RCRA Coordination to
`Exclusive RCRA Lead and Responsibility'. There are no ongoing CERCLA
actions. In addition, EPA and SCDHEC have agreed that response
activities at the Facility will continue to proceed through RCRA.
The EPA has received concurrence from SCDHEC. The EPA concludes
that this Site meets the criteria under the NPL deletion policy, and
announces its intention to delete the Site from the NPL. The EPA
believes it is appropriate to delete sites from the NPL based upon the
deferral policy to RCRA under these established circumstances. Deletion
of this Site from the NPL, to defer it to RCRA Subtitle C corrective
action authorities, avoids possible duplication of effort, and the need
for Beazer to follow more than one set of regulatory procedures.
Moreover, EPA and SCDHEC have determined that remedial actions
conducted at the Facility to date and scheduled in the future under
RCRA, have been and will remain protective of public health, and the
environment.
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.
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.
Dated: March 13, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2013-09540 Filed 4-23-13; 8:45 am]
BILLING CODE 6560-50-P
