National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Redwing Carriers, Inc. (Saraland), 48757-48761 [2015-20017]

Download as PDF Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES metabolites containing the (4chlorophenyl)-4-methyl-2-oxo-3thiazolidine moiety, as petitioned. VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children From Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply VerDate Sep<11>2014 20:18 Aug 13, 2015 Jkt 235001 to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 48757 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1990–0010; FRL–9932– 37-Region 4] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Redwing Carriers, Inc. (Saraland) Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) Region 4 is publishing this direct final Notice of Deletion for the Redwing Carriers, Inc. (Saraland) Superfund Site (Site), located in Saraland, Mobile County, Alabama, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive List of Subjects in 40 CFR Part 180 Environmental Response, Compensation, and Liability Act Environmental protection, (CERCLA) of 1980, as amended, is an Administrative practice and procedure, appendix of the National Oil and Agricultural commodities, Pesticides and pests, Reporting and recordkeeping Hazardous Substances Pollution Contingency Plan (NCP). This direct requirements. final deletion is being published by the Dated: August 6, 2015. EPA with the concurrence of the State Susan Lewis, of Alabama, through the Alabama Director, Registration Division, Office of Department of Environmental Pesticide Programs. Management (ADEM), because the EPA Therefore, 40 CFR chapter I is has determined that all appropriate amended as follows: response actions under CERCLA have been completed. However, this deletion PART 180—[AMENDED] does not preclude future actions under Superfund. ■ 1. The authority citation for part 180 DATES: This direct final deletion is continues to read as follows: effective September 28, 2015 unless the Authority: 21 U.S.C. 321(q), 346a and 371. EPA receives adverse comments by ■ 2. In § 180.448, add alphabetically the September 14, 2015. If adverse following commodities to the table in comments are received, the EPA will paragraph (c) to read as follows: publish a timely withdrawal of the direct final deletion in the Federal § 180.448 Hexythiazox; tolerances for Register informing the public that the residues. deletion will not take effect. * * * * * ADDRESSES: Submit your comments, (c) * * * identified by Docket ID No., EPA–HQ– SFUND–1990–0010, by one of the Parts per Commodity million following methods: • www.regulations.gov Follow the online instructions for submitting * * * * * comments. Wheat, forage (EPA Region • Email: johnston.shelby@epa.gov 11 only) ............................. 6.0 • Fax: (404) 562–8896, Attention: Wheat, hay (EPA Region 11 only) .................................. 30 Shelby Johnston. • Mail: Shelby Johnston, Remedial Wheat, grain (EPA Region 11 only) ............................. 0.02 Project Manager, Superfund Restoration and Sustainability Branch, Superfund Wheat, straw (EPA Region 11 only) ............................. 8.0 Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, * * * * * SW., Atlanta, Georgia 30303–8960. [FR Doc. 2015–20012 Filed 8–13–15; 8:45 am] • Hand Delivery: U.S. Environmental BILLING CODE 6560–50–P Protection Agency, Region 4, 61 Forsyth PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 SUMMARY: E:\FR\FM\14AUR1.SGM 14AUR1 tkelley on DSK3SPTVN1PROD with RULES 48758 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations Street SW., Atlanta, Georgia 30303– 8960. Such deliveries are only accepted during the Docket’s normal hours of operation and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1990– 0010. The 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 means the 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 the 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, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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 whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at: U.S. EPA Record Center, attn: Ms. Tina Terrell, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960, Phone: (404) 562–8835, Hours 8 a.m.–4 p.m., Monday through Friday by appointment only; or, Saraland Public Library, 111 Saraland Loop, Saraland, AL 36571, Phone: 251– VerDate Sep<11>2014 20:18 Aug 13, 2015 Jkt 235001 675–2879, Hours 10 a.m.–6 p.m., Monday, Wednesday, Friday, Saturday and 12 p.m.–8 p.m., Tuesday and Thursday. FOR FURTHER INFORMATION CONTACT: Shelby Johnston, Remedial Project Manager, Superfund Restoration and Sustainability Branch, Superfund Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960, 404– 562–8287, email: johnston.shelby@ 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 The EPA Region 4 is publishing this direct final Notice of Deletion of the Redwing Carriers, Inc. (Saraland) Superfund Site from the NPL. The NPL constitutes Appendix B of 40 CFR part 300 which is the NCP, which the EPA promulgated pursuant to section 105 of the CERCLA of 1980, as amended. The EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). As described in the Section 300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible for Fundfinanced remedial actions if future conditions warrant such actions. Section II of this document explains the criteria to delete sites from the NPL. Section III discusses procedures that the EPA is using for this action. Section IV discusses the Site and demonstrates how it meets the deletion criteria. Section V discusses the 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 the 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), the 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 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 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. III. Deletion Procedures The following procedures apply to deletion of the Site: (1) The EPA consulted with the State of Alabama prior to developing this direct final Notice of Deletion and the Notice of Intent to Delete co-published today in the ‘‘Proposed Rules’’ section of the Federal Register. (2) The EPA has provided the state 30 working days for review of this notice and the parallel Notice of Intent to Delete prior to their publication today, and the state, through ADEM, has concurred on the deletion of the site from the NPL. (3) Concurrently with the publication of this direct final Notice of Deletion, a notice of the availability of the parallel Notice of Intent to Delete is being published in a major local newspaper, The Mobile Press Register. The newspaper notice announces the 30-day public comment period concerning the Notice of Intent to Delete the Site from the NPL. (4) The EPA placed copies of documents supporting the proposed deletion in the deletion docket and made these items available for public inspection and copying at the Site information repositories identified above. (5) If adverse comments are received within the 30-day public comment period on this deletion action, the EPA will publish a timely notice of withdrawal of this direct final Notice of Deletion before its effective date and will prepare a response to comments and continue with the deletion process on the basis of the Notice of Intent to Delete and the comments already received. Deletion of a site from the NPL does not itself create, alter, or revoke any individual’s rights or obligations. Deletion of a site from the NPL does not in any way alter the EPA’s right to take enforcement actions, as appropriate. The NPL is designed primarily for informational purposes and to assist the 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. E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations IV. Basis for Site Deletion The following information provides the EPA’s rationale for deleting the Site from the NPL: tkelley on DSK3SPTVN1PROD with RULES Site Background and History Redwing Carriers, Inc. (Saraland) Superfund Site, (EPA ID: ALD980844385) is located at 527 U.S. Highway 43, Saraland, Mobile County, Alabama. The Site is 5.1 acres and bounded to the east by U.S. Highway 43 and a skating rink. To the north it is bounded by a United Gas Pipe Line easement and a mobile home community, to the south by a residential development, and to the west by an undeveloped lot. The Site was the former location of the Saraland Apartment Complex (Apartments) that has since been demolished to allow for the complete remediation of the Site. From 1961 to 1971, Redwing Carriers, Inc. (Redwing), a trucking company, owned and operated the Site as a terminal for cleaning, repairing and parking its fleet of trucks. The company transported a variety of substances, including asphalt, diesel fuel, chemicals and pesticides from local plants. Redwing discharged untreated hazardous substances to the ground during the cleaning of tanker trucks, creating a tar-like sludge and contaminating Site soils. The tar-like sludge was composed predominately of polycyclic aromatic hydrocarbon compounds together with lesser amounts of pesticides, herbicides and volatile organic compounds. These operations resulted in contamination of soils, groundwater and sediment. In 1973, Saraland Apartments Ltd. purchased the Site and built a U.S. Housing and Urban Development (HUD) subsidized apartment complex on the Site. During construction, the sludge and contaminated soils were covered with up to 5 feet of clean soil. When completed, the complex consisted of 60 apartment units located in 12 buildings, and at one time housed approximately 160 residents, including 80 to 90 preschool-age or elementary school-age children. In 1984, ADEM investigated apartment residents’ complaints about the tar-like sludge seeping to the surface at numerous locations at the Site. In 1985, under Superfund removal authority, the EPA conducted initial studies in which high concentrations of 1, 2, 4-trichlorobenzene and naphthalene were detected in the soil and in leachate coming from the sludge. On July 8, 1985, the EPA and Redwing entered into a removal Administrative Order on Consent (AOC) that required VerDate Sep<11>2014 20:18 Aug 13, 2015 Jkt 235001 Redwing to, among other things, conduct a limited sludge and contaminated soil removal action. Redwing was required to periodically inspect the Site and remove any visible sludge on the surface. The Site was proposed for the NPL on June 24, 1988 (53 FR 23988) and finalized on the NPL February 21, 1990 (55 FR 6154) due to the potential for consumption of contaminated groundwater. Remedial Investigation, Feasibility Study (RI/FS) On July 2, 1990, the EPA and Redwing entered into an AOC wherein Redwing agreed to conduct the Site RI/ FS. Redwing, under the EPA’s oversight, began field activities for the first phase of the remedial investigation in January 1991. The RI/FS was completed in July of 1992. During the investigation, 39 soil borings were collected with a total of 123 separate soil samples being analyzed. The substances found most frequently at concentrations above riskbased cleanup levels fall into three major categories: pesticides and herbicides; volatile organic compounds (VOCs) and Polycyclic Aromatic Hydrocarbons (PAHs). These substances were found in soils, ditch sediments, and groundwater across the Site. The highest levels of contamination were detected in the southern and eastern portions (the location of the former containment levee used by Redwing) and across areas of former terminal operations. Inorganic substances, which may occur in nature at significant levels, were also detected in soils, sludge, and groundwater. During this investigation, the EPA determined that the contaminants at the Site presented an unacceptable risk to human health by future groundwater consumption. Selected Remedy The EPA’s Record of Decision (ROD) was signed on December 15, 1992, and the State of Alabama concurred with the selected remedy. The selected alternative included the following: • Excavation of sludge, sediments, and contaminated soils. • Off-site treatment/disposal of contaminated soils, sediments, and sludge at an approved disposal facility as determined appropriate by Resource Conservation and Recovery Act (RCRA) criteria and the waste sampling results from Toxicity Characterization Leaching Procedure (TCLP) testing. • Regrading and backfill of excavations using clean, compacted-fill material. • Temporary and possibly permanent relocation of residents with the PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 48759 potential demolition of selected apartment units. • On-site treatment of contaminated groundwater in the surficial aquifer. Monitoring and possible withdrawal and treatment of groundwater in the alluvial aquifer. Treatment of groundwater for discharge to a Publicly Owned Treatment Works, or if unavailable, to a nearby surface water body. While the ROD did not explicitly state Remedial Action Objectives (RAOs), the selected remedy was intended to address unacceptable risk presented by the Site, described in the risk assessment. The risk assessment summary for the Site indicated several areas of risk for mitigation as indicated below. • Health risk posed at the Site is primarily from the future use of groundwater in both surficial and alluvial aquifers as a potable source. • Surface soils and sediments are subject to contamination from continual leaching of contaminants from the sludge as it percolates to the surface. The 1992 ROD was subsequently amended on June 14, 2000 with an Amended ROD (AROD). The RAOs for the Site remained unaltered but the major components of the amended remedy were as follows: • Development of a phased approach to implement the amended remedy during the Remedial Design (RD). • Demolition, removal, and off-site disposal to an approved facility of all buildings, foundations, concrete walkways, asphalt driveways and parking areas. • Excavation, off-site treatment and disposal of the remaining source material (sludge, sediments and contaminated soils) at an approved disposal facility as determined appropriate by RCRA criteria and the waste sampling results from TCLP testing to aid in restoring and protecting groundwater quality. • Reconstitution of the groundwater monitoring program at the Site after the backfilling and regrading of excavated areas had been completed. • Postponement of the 1992 ROD requirement for on-site extraction and treatment of contaminated groundwater and compliance monitoring. Implementation was to be contingent upon the results of the baseline groundwater sampling and evaluation of the quarterly groundwater monitoring data. The groundwater response action would be revaluated to consider new groundwater monitoring data collected after the source removal action completion and determine whether or not the groundwater restoration could E:\FR\FM\14AUR1.SGM 14AUR1 48760 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations be achieved using Monitored Natural Attenuation (MNA). tkelley on DSK3SPTVN1PROD with RULES Explanation of Significant Difference (ESD) On September 25, 2007, the EPA issued an ESD for the Redwing Site. In the ESD, the EPA revised the 1992 ROD subsurface soil cleanup levels for Acetone, Aldrin, Alpha-BHC, and Dieldrin. The remedy at the Site is protective of human health and the environment because the surface soil, subsurface soil, sediment and groundwater at the Site met performance standards established in the ROD, AROD, and the ESD. Response Actions Redwing continued periodic removal of surface seeps until 1994, when they discontinued work at the Site. On July 5, 1995, the EPA issued a Unilateral Administrative Order (UAO) to Redwing and Saraland Apartments, Ltd. directing them to conduct a removal of tar seeps at the Site. When both parties declined to comply with the order, the EPA undertook the removal action. The removal action consisted of the removal and off-site disposal of 288 55-gallon drums of investigation derived waste, approximately 5 cubic yards of stockpiled soil and approximately 10 gallons of ‘‘tar like material’’ (TLM) from 13 tar seeps. During the spring of 1996, the tar seeps returned, and on July 12, 1996, the EPA issued a UAO to Redwing and Saraland Apartments, Ltd. directing them to remove the source of the tar seeps. When both parties refused to comply with the order, the EPA conducted a removal action, which consisted of temporarily relocating 57 families living in the complex and excavating and transporting off-site for disposal approximately 20,724 tons of sludge, contaminated soil, and debris. These contaminated materials were transported as nonhazardous waste, after passing TCLP sampling analysis, to the Browning-Ferris Industries’ Falcon Incinerator in Brewton, Alabama. Trucks were lined prior to filling to prevent further contamination and utilized fabric covers during transport to prevent soils from leaving the vehicle during transport. Once received at the disposal site, the materials were emptied into a covered shed to await thermal treatment in the primary incinerator with a minimum temperature of 700 °F. After the removal was completed, air monitoring conducted in the Apartments detected unacceptable levels of benzene and the pesticide, Aldrin, in some of the Apartments. Based on this monitoring, VerDate Sep<11>2014 20:18 Aug 13, 2015 Jkt 235001 the EPA determined that the residents could not return to live in the Apartments. Working together, the EPA and HUD relocated the residents to comparable permanent housing. In July 1997, the EPA collected soil, sediment and water samples from 23 properties adjacent to the Redwing Site. The purpose of this sampling was to address community concerns about possible releases from the Site. Based on a risk evaluation of the analytical results of these samples, the EPA determined that there is no unacceptable health risk or hazard in the neighborhood adjacent to the Site. Remedy Implementation The Redwing PRP conducted the remedial action pursuant to the February 26, 2002 RD/Remedial Action (RA) Consent Decree. Site demolition activities started in March 2004 and were completed in June 2004. During the demolition, 5,700 cubic yards of demolition debris was transported offsite for disposal and 3,915 cubic yards of asphalt and concrete were transported off-site for recycling. All debris was visually inspected and any debris found with visually questionable materials were sampled prior to transport to ensure that none of the debris failed RCRA criteria and waste sampling results from TCLP testing. None of the construction debris failed RCRA criteria and waste sampling results from TCLP, and as a result, all debris was transported to Jarrett Rd. Landfill in Pritchard, Alabama, a RCRA permitted construction debris facility, as required by the ROD. The EPA approved the Final RD Report on June 28, 2007. The Site RA started in mid-December 2007 and was completed in June 2008. The excavation of TLM-contaminated soil was executed by the removal of blocks of soil to predetermined depths based on analytical results from the pre-design investigation. Additional TLMcontaminated soil was removed laterally based on visual inspection and presence on excavated sidewalls. Additional soil was excavated from the bottom of predetermined excavation block depths based on confirmation analysis. Specifically, five-point composite samples were collected at the bottom of each excavation block and analyzed for the contaminants of concern (COC) established in the ROD. If the concentration of any constituent resulted in an exceedance of the 90% Upper Confidence Limit (UCL) average concentration for the Site, then additional soil was excavated and the deeper block bottom was again sampled. PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 The large majority of the soils excavated from the site contained TLM and were thus removed from the Site based on that criterion. The removal of the TLM-contaminated soils resulted in the need to only remove a small amount of additional soils to meet the 90% UCL average concentration requirement for soil constituent impacts. It should be noted that carbon tetrachloride, while retained as a COC for remediation, was only found in a single surface soil sample location, which was removed during the first removal action. The COC was retained due to the risk posed for ingestion and dermal contact. The subsurface excavation pits were not sampled for carbon tetrachloride since the risk posed was related to the surface soils which had already been removed. During the RA, a total of 25,114 cubic yards of soil was excavated. Of this amount, approximately 21,375 cubic yards were sampled to assess for TCLP and subsequently transported off-site for disposal at Macland Disposal Center in Moss Point, Mississippi, a RCRA permitted non-hazardous waste facility, as no materials failed TCLP. The remaining soil that lacked visual signs for TLM and passed confirmation sampling, was mixed together with clean fill brought in from off-site and was used to backfill and regrade excavated areas of the Site. After regrading and seeding activities were completed, six monitoring wells were installed on-site and groundwater samples were collected in September 2008 and December 2008. The sampling detected Vernolate in one monitoring well (MW–16) at a concentration above the ROD groundwater cleanup level. The monitoring wells were resampled in March 2009, and Vernolate was again detected in MW–16 while none of the other groundwater monitoring wells were found to contain any ROD COC above their respective cleanup goals. In response to the 2008–2009 groundwater sampling, three monitoring wells were installed on adjacent property in early April 2009 to determine if contaminated groundwater had migrated off-site. No contamination was detected in these wells during the sampling event. The June 14, 2000 AROD delayed the implementation of the 1992 ROD requirement for groundwater extraction and treatment to allow for evaluation of the groundwater monitoring data that would be collected after the source removal action completion. During this evaluation, degradation rates for each of the groundwater contaminants of concern were determined along with a prediction of future decreases in contaminant. After this evaluation, it was determined that further E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations groundwater remediation would not be required since it was anticipated that the groundwater cleanup levels would be achieved within a short time frame as a result of natural attenuation after the removal of the source material. The EPA approved the Final RA Report dated July 2014 in September 2014. tkelley on DSK3SPTVN1PROD with RULES Cleanup Goals Long-term, post-remediation groundwater monitoring was initiated after the completion of the RA in 2008 and was ongoing until late 2012. This monitoring program began with the installation of six new monitoring wells (MW–14, MW–15, MW–16, MW–17, MW–18 and MW- 19) on-site and included two monitoring wells that existed prior to the remediation (MW– 12U and MW–13U). These eight wells were sampled in September 2008, December 2008 and March 2009 for the following constituents: Sulfate, Chloride, Beryllium (total and dissolved), Total Chromium (total and dissolved), Nickel (total and dissolved), Vanadium (total and dissolved), Total Organic Carbon, Methylene Chloride, Acetone, Carbon Disulfide, Chloroform, Bis(2-ethylhexyl)phthalate, Vernolate, Lindane, Alpha-BHC, 4,4-DDT, Dieldrin and Aldrin. Only a few minor exceedances of the ROD cleanup goals were observed with the exception of Vernolate in MW–16. During the March 2009 sampling event, it was determined by the EPA that the groundwater cleanup goals had been met for all COCs with the exception of Vernolate. Due to the persistent exceedances of Vernolate in MW–16, three additional monitoring wells were installed off-site (MWOS–01, MWOS–02 and MWOS–03). Some members of the community were concerned with the proximity of MW– 16 to the property line. All monitoring wells except MW–16 and the three offsite monitoring wells were abandoned in 2010. Monitoring continued on these three off-site wells and on-site MW–16 for Vernolate until the groundwater cleanup level was achieved in MW–16. No Vernolate was ever detected in the off-site monitoring wells. From September 2009 to August 2012, groundwater samples were collected quarterly from MW–16 and the three offsite monitoring wells. After reviewing the results of the Vernolate groundwater sampling, ADEM and the EPA determined that the cleanup goals specified in the 1992 ROD, 2000 AROD and 2007 ESD had been met and abandonment of the remaining monitoring wells for the Site was approved. VerDate Sep<11>2014 20:18 Aug 13, 2015 Jkt 235001 Five-Year Reviews The first five-year review (FYR) was completed on September 25, 2014. This review concluded that the selected remedy remains protective of human health and the environment pursuant to CERCLA section 121(c), 42 U.S.C. 9601 et seq. Per the EPA’s 2001 FYR guidance, ‘‘Five-year reviews may no longer be needed when no hazardous substances, pollutants or contaminants remain on-site above levels that allow for unlimited use or unrestricted exposure’’ (UU/UE). Since the Site is UU/UE and has met the requirements established by the ROD, it is not necessary to conduct another FYR. The EPA has a policy that at least one FYR must be conducted after initiation of remedial action at the Site to ensure that the remedy is protective of human health and the environment. This policy FYR was conducted in 2014, and it concluded that the selected remedy at the Site is protective of human health and the environment because the surface soil, subsurface soil, sediment and groundwater at the Site met performance standards established in the 1992 ROD, subsequent 2000 AROD and subsequent 2007 ESD. The policy requirement for the five-year review has been met, and accordingly, the Site FYR requirement has been discontinued. Community Involvement Throughout the removal and remedial process, the EPA has kept the public informed of the activities being conducted at the Site by way of public meetings, progress fact sheets, and the announcement through local newspaper advertisement on the availability of documents such as the RI/FS, Risk Assessment, ROD, Proposed Plan, AROD, ESD and FYRs. 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 of the deletion from the NPL, are available to the public in the information repositories identified above. Determination That the Site Meets the Criteria for Deletion From the NCP This Site meets all the site completion requirements as specified in Office of Solid Waste and Emergency Response (OSWER) Directive 9320.22, Close-Out Procedures for National Priorities List Sites. Specifically, confirmatory soil and groundwater sampling verifies that the Site has achieved the ROD cleanup standards, and that all cleanup actions PO 00000 Frm 00079 Fmt 4700 Sfmt 9990 48761 specified in the ROD, AROD and ESD have been implemented. V. Deletion Action The EPA, with concurrence of the State of Alabama through ADEM, has determined that all appropriate response actions under CERCLA have been completed. Therefore, the EPA is deleting the Site from the NPL. Because the EPA considers this action to be noncontroversial and routine, the EPA is taking it without prior publication. This action will be effective September 28, 2015 unless the EPA receives adverse comments by September 14, 2015. If adverse comments are received within the 30day public comment period, the 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. The 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: August 3, 2015. Heather McTeer Toney, Regional Administrator, Region 4. For the reasons set out in this document, 40 CFR part 300 is amended as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 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 TO PART 300 [AMENDED] 2. Table 1 of Appendix B to part 300 is amended by removing ‘‘Al’’, ‘‘Redwing Carriers, Inc. (Saraland)’’, ‘‘Saraland’’. ■ [FR Doc. 2015–20017 Filed 8–13–15; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48757-48761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20017]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010; FRL-9932-37-Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Redwing Carriers, Inc. 
(Saraland)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
publishing this direct final Notice of Deletion for the Redwing 
Carriers, Inc. (Saraland) Superfund Site (Site), located in Saraland, 
Mobile County, Alabama, 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 the EPA with the concurrence of the State of 
Alabama, through the Alabama Department of Environmental Management 
(ADEM), because the EPA has determined that all appropriate response 
actions under CERCLA have been completed. However, this deletion does 
not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 28, 2015 
unless the EPA receives adverse comments by September 14, 2015. If 
adverse comments are received, the 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-1990-0010, by one of the following methods:
     www.regulations.gov Follow the on-line instructions for 
submitting comments.
     Email: johnston.shelby@epa.gov
     Fax: (404) 562-8896, Attention: Shelby Johnston.
     Mail: Shelby Johnston, Remedial Project Manager, Superfund 
Restoration and Sustainability 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

[[Page 48758]]

Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Docket's normal hours of operation and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1990-0010. The 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 means the 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 the 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, the 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 the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the 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 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at: U.S. 
EPA Record Center, attn: Ms. Tina Terrell, Atlanta Federal Center, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone: (404) 562-
8835, Hours 8 a.m.-4 p.m., Monday through Friday by appointment only; 
or, Saraland Public Library, 111 Saraland Loop, Saraland, AL 36571, 
Phone: 251-675-2879, Hours 10 a.m.-6 p.m., Monday, Wednesday, Friday, 
Saturday and 12 p.m.-8 p.m., Tuesday and Thursday.

FOR FURTHER INFORMATION CONTACT: Shelby Johnston, Remedial Project 
Manager, Superfund Restoration and Sustainability Branch, Superfund 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960, 404-562-8287, email: 
johnston.shelby@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

    The EPA Region 4 is publishing this direct final Notice of Deletion 
of the Redwing Carriers, Inc. (Saraland) Superfund Site from the NPL. 
The NPL constitutes Appendix B of 40 CFR part 300 which is the NCP, 
which the EPA promulgated pursuant to section 105 of the CERCLA of 
1980, as amended. The EPA maintains the NPL as the list of sites that 
appear to present a significant risk to public health, welfare or the 
environment. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substance Superfund (Fund). As described in 
the Section 300.425(e)(3) of the NCP, sites deleted from the NPL remain 
eligible for Fund-financed remedial actions if future conditions 
warrant such actions.
    Section II of this document explains the criteria to delete sites 
from the NPL. Section III discusses procedures that the EPA is using 
for this action. Section IV discusses the Site and demonstrates how it 
meets the deletion criteria. Section V discusses the 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 the 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), the 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.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the State of Alabama prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) The EPA has provided the state 30 working days for review of 
this notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the state, through ADEM, has concurred on the 
deletion of the site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, The 
Mobile Press Register. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, the EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent to 
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter the EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist the 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.

[[Page 48759]]

IV. Basis for Site Deletion

    The following information provides the EPA's rationale for deleting 
the Site from the NPL:

Site Background and History

    Redwing Carriers, Inc. (Saraland) Superfund Site, (EPA ID: 
ALD980844385) is located at 527 U.S. Highway 43, Saraland, Mobile 
County, Alabama. The Site is 5.1 acres and bounded to the east by U.S. 
Highway 43 and a skating rink. To the north it is bounded by a United 
Gas Pipe Line easement and a mobile home community, to the south by a 
residential development, and to the west by an undeveloped lot. The 
Site was the former location of the Saraland Apartment Complex 
(Apartments) that has since been demolished to allow for the complete 
remediation of the Site. From 1961 to 1971, Redwing Carriers, Inc. 
(Redwing), a trucking company, owned and operated the Site as a 
terminal for cleaning, repairing and parking its fleet of trucks. The 
company transported a variety of substances, including asphalt, diesel 
fuel, chemicals and pesticides from local plants. Redwing discharged 
untreated hazardous substances to the ground during the cleaning of 
tanker trucks, creating a tar-like sludge and contaminating Site soils. 
The tar-like sludge was composed predominately of polycyclic aromatic 
hydrocarbon compounds together with lesser amounts of pesticides, 
herbicides and volatile organic compounds. These operations resulted in 
contamination of soils, groundwater and sediment.
    In 1973, Saraland Apartments Ltd. purchased the Site and built a 
U.S. Housing and Urban Development (HUD) subsidized apartment complex 
on the Site. During construction, the sludge and contaminated soils 
were covered with up to 5 feet of clean soil. When completed, the 
complex consisted of 60 apartment units located in 12 buildings, and at 
one time housed approximately 160 residents, including 80 to 90 
preschool-age or elementary school-age children.
    In 1984, ADEM investigated apartment residents' complaints about 
the tar-like sludge seeping to the surface at numerous locations at the 
Site. In 1985, under Superfund removal authority, the EPA conducted 
initial studies in which high concentrations of 1, 2, 4-
trichlorobenzene and naphthalene were detected in the soil and in 
leachate coming from the sludge. On July 8, 1985, the EPA and Redwing 
entered into a removal Administrative Order on Consent (AOC) that 
required Redwing to, among other things, conduct a limited sludge and 
contaminated soil removal action. Redwing was required to periodically 
inspect the Site and remove any visible sludge on the surface. The Site 
was proposed for the NPL on June 24, 1988 (53 FR 23988) and finalized 
on the NPL February 21, 1990 (55 FR 6154) due to the potential for 
consumption of contaminated groundwater.

Remedial Investigation, Feasibility Study (RI/FS)

    On July 2, 1990, the EPA and Redwing entered into an AOC wherein 
Redwing agreed to conduct the Site RI/FS. Redwing, under the EPA's 
oversight, began field activities for the first phase of the remedial 
investigation in January 1991. The RI/FS was completed in July of 1992. 
During the investigation, 39 soil borings were collected with a total 
of 123 separate soil samples being analyzed. The substances found most 
frequently at concentrations above risk-based cleanup levels fall into 
three major categories: pesticides and herbicides; volatile organic 
compounds (VOCs) and Polycyclic Aromatic Hydrocarbons (PAHs). These 
substances were found in soils, ditch sediments, and groundwater across 
the Site. The highest levels of contamination were detected in the 
southern and eastern portions (the location of the former containment 
levee used by Redwing) and across areas of former terminal operations. 
Inorganic substances, which may occur in nature at significant levels, 
were also detected in soils, sludge, and groundwater. During this 
investigation, the EPA determined that the contaminants at the Site 
presented an unacceptable risk to human health by future groundwater 
consumption.

Selected Remedy

    The EPA's Record of Decision (ROD) was signed on December 15, 1992, 
and the State of Alabama concurred with the selected remedy. The 
selected alternative included the following:
     Excavation of sludge, sediments, and contaminated soils.
     Off-site treatment/disposal of contaminated soils, 
sediments, and sludge at an approved disposal facility as determined 
appropriate by Resource Conservation and Recovery Act (RCRA) criteria 
and the waste sampling results from Toxicity Characterization Leaching 
Procedure (TCLP) testing.
     Regrading and backfill of excavations using clean, 
compacted-fill material.
     Temporary and possibly permanent relocation of residents 
with the potential demolition of selected apartment units.
     On-site treatment of contaminated groundwater in the 
surficial aquifer. Monitoring and possible withdrawal and treatment of 
groundwater in the alluvial aquifer. Treatment of groundwater for 
discharge to a Publicly Owned Treatment Works, or if unavailable, to a 
nearby surface water body.
    While the ROD did not explicitly state Remedial Action Objectives 
(RAOs), the selected remedy was intended to address unacceptable risk 
presented by the Site, described in the risk assessment. The risk 
assessment summary for the Site indicated several areas of risk for 
mitigation as indicated below.
     Health risk posed at the Site is primarily from the future 
use of groundwater in both surficial and alluvial aquifers as a potable 
source.
     Surface soils and sediments are subject to contamination 
from continual leaching of contaminants from the sludge as it 
percolates to the surface.
    The 1992 ROD was subsequently amended on June 14, 2000 with an 
Amended ROD (AROD). The RAOs for the Site remained unaltered but the 
major components of the amended remedy were as follows:
     Development of a phased approach to implement the amended 
remedy during the Remedial Design (RD).
     Demolition, removal, and off-site disposal to an approved 
facility of all buildings, foundations, concrete walkways, asphalt 
driveways and parking areas.
     Excavation, off-site treatment and disposal of the 
remaining source material (sludge, sediments and contaminated soils) at 
an approved disposal facility as determined appropriate by RCRA 
criteria and the waste sampling results from TCLP testing to aid in 
restoring and protecting groundwater quality.
     Reconstitution of the groundwater monitoring program at 
the Site after the backfilling and regrading of excavated areas had 
been completed.
     Postponement of the 1992 ROD requirement for on-site 
extraction and treatment of contaminated groundwater and compliance 
monitoring. Implementation was to be contingent upon the results of the 
baseline groundwater sampling and evaluation of the quarterly 
groundwater monitoring data. The groundwater response action would be 
revaluated to consider new groundwater monitoring data collected after 
the source removal action completion and determine whether or not the 
groundwater restoration could

[[Page 48760]]

be achieved using Monitored Natural Attenuation (MNA).

Explanation of Significant Difference (ESD)

    On September 25, 2007, the EPA issued an ESD for the Redwing Site. 
In the ESD, the EPA revised the 1992 ROD subsurface soil cleanup levels 
for Acetone, Aldrin, Alpha-BHC, and Dieldrin. The remedy at the Site is 
protective of human health and the environment because the surface 
soil, subsurface soil, sediment and groundwater at the Site met 
performance standards established in the ROD, AROD, and the ESD.

Response Actions

    Redwing continued periodic removal of surface seeps until 1994, 
when they discontinued work at the Site. On July 5, 1995, the EPA 
issued a Unilateral Administrative Order (UAO) to Redwing and Saraland 
Apartments, Ltd. directing them to conduct a removal of tar seeps at 
the Site. When both parties declined to comply with the order, the EPA 
undertook the removal action. The removal action consisted of the 
removal and off-site disposal of 288 55-gallon drums of investigation 
derived waste, approximately 5 cubic yards of stockpiled soil and 
approximately 10 gallons of ``tar like material'' (TLM) from 13 tar 
seeps.
    During the spring of 1996, the tar seeps returned, and on July 12, 
1996, the EPA issued a UAO to Redwing and Saraland Apartments, Ltd. 
directing them to remove the source of the tar seeps. When both parties 
refused to comply with the order, the EPA conducted a removal action, 
which consisted of temporarily relocating 57 families living in the 
complex and excavating and transporting off-site for disposal 
approximately 20,724 tons of sludge, contaminated soil, and debris. 
These contaminated materials were transported as nonhazardous waste, 
after passing TCLP sampling analysis, to the Browning-Ferris 
Industries' Falcon Incinerator in Brewton, Alabama. Trucks were lined 
prior to filling to prevent further contamination and utilized fabric 
covers during transport to prevent soils from leaving the vehicle 
during transport. Once received at the disposal site, the materials 
were emptied into a covered shed to await thermal treatment in the 
primary incinerator with a minimum temperature of 700 [deg]F. After the 
removal was completed, air monitoring conducted in the Apartments 
detected unacceptable levels of benzene and the pesticide, Aldrin, in 
some of the Apartments. Based on this monitoring, the EPA determined 
that the residents could not return to live in the Apartments. Working 
together, the EPA and HUD relocated the residents to comparable 
permanent housing.
    In July 1997, the EPA collected soil, sediment and water samples 
from 23 properties adjacent to the Redwing Site. The purpose of this 
sampling was to address community concerns about possible releases from 
the Site. Based on a risk evaluation of the analytical results of these 
samples, the EPA determined that there is no unacceptable health risk 
or hazard in the neighborhood adjacent to the Site.

Remedy Implementation

    The Redwing PRP conducted the remedial action pursuant to the 
February 26, 2002 RD/Remedial Action (RA) Consent Decree. Site 
demolition activities started in March 2004 and were completed in June 
2004. During the demolition, 5,700 cubic yards of demolition debris was 
transported off-site for disposal and 3,915 cubic yards of asphalt and 
concrete were transported off-site for recycling. All debris was 
visually inspected and any debris found with visually questionable 
materials were sampled prior to transport to ensure that none of the 
debris failed RCRA criteria and waste sampling results from TCLP 
testing. None of the construction debris failed RCRA criteria and waste 
sampling results from TCLP, and as a result, all debris was transported 
to Jarrett Rd. Landfill in Pritchard, Alabama, a RCRA permitted 
construction debris facility, as required by the ROD.
    The EPA approved the Final RD Report on June 28, 2007. The Site RA 
started in mid-December 2007 and was completed in June 2008. The 
excavation of TLM-contaminated soil was executed by the removal of 
blocks of soil to predetermined depths based on analytical results from 
the pre-design investigation. Additional TLM-contaminated soil was 
removed laterally based on visual inspection and presence on excavated 
sidewalls. Additional soil was excavated from the bottom of pre-
determined excavation block depths based on confirmation analysis. 
Specifically, five-point composite samples were collected at the bottom 
of each excavation block and analyzed for the contaminants of concern 
(COC) established in the ROD. If the concentration of any constituent 
resulted in an exceedance of the 90% Upper Confidence Limit (UCL) 
average concentration for the Site, then additional soil was excavated 
and the deeper block bottom was again sampled.
    The large majority of the soils excavated from the site contained 
TLM and were thus removed from the Site based on that criterion. The 
removal of the TLM-contaminated soils resulted in the need to only 
remove a small amount of additional soils to meet the 90% UCL average 
concentration requirement for soil constituent impacts. It should be 
noted that carbon tetrachloride, while retained as a COC for 
remediation, was only found in a single surface soil sample location, 
which was removed during the first removal action. The COC was retained 
due to the risk posed for ingestion and dermal contact. The subsurface 
excavation pits were not sampled for carbon tetrachloride since the 
risk posed was related to the surface soils which had already been 
removed.
    During the RA, a total of 25,114 cubic yards of soil was excavated. 
Of this amount, approximately 21,375 cubic yards were sampled to assess 
for TCLP and subsequently transported off-site for disposal at Macland 
Disposal Center in Moss Point, Mississippi, a RCRA permitted non-
hazardous waste facility, as no materials failed TCLP. The remaining 
soil that lacked visual signs for TLM and passed confirmation sampling, 
was mixed together with clean fill brought in from off-site and was 
used to backfill and regrade excavated areas of the Site. After 
regrading and seeding activities were completed, six monitoring wells 
were installed on-site and groundwater samples were collected in 
September 2008 and December 2008. The sampling detected Vernolate in 
one monitoring well (MW-16) at a concentration above the ROD 
groundwater cleanup level. The monitoring wells were resampled in March 
2009, and Vernolate was again detected in MW-16 while none of the other 
groundwater monitoring wells were found to contain any ROD COC above 
their respective cleanup goals. In response to the 2008-2009 
groundwater sampling, three monitoring wells were installed on adjacent 
property in early April 2009 to determine if contaminated groundwater 
had migrated off-site. No contamination was detected in these wells 
during the sampling event.
    The June 14, 2000 AROD delayed the implementation of the 1992 ROD 
requirement for groundwater extraction and treatment to allow for 
evaluation of the groundwater monitoring data that would be collected 
after the source removal action completion. During this evaluation, 
degradation rates for each of the groundwater contaminants of concern 
were determined along with a prediction of future decreases in 
contaminant. After this evaluation, it was determined that further

[[Page 48761]]

groundwater remediation would not be required since it was anticipated 
that the groundwater cleanup levels would be achieved within a short 
time frame as a result of natural attenuation after the removal of the 
source material. The EPA approved the Final RA Report dated July 2014 
in September 2014.

Cleanup Goals

    Long-term, post-remediation groundwater monitoring was initiated 
after the completion of the RA in 2008 and was ongoing until late 2012. 
This monitoring program began with the installation of six new 
monitoring wells (MW-14, MW-15, MW-16, MW-17, MW-18 and MW- 19) on-site 
and included two monitoring wells that existed prior to the remediation 
(MW-12U and MW-13U). These eight wells were sampled in September 2008, 
December 2008 and March 2009 for the following constituents: Sulfate, 
Chloride, Beryllium (total and dissolved), Total Chromium (total and 
dissolved), Nickel (total and dissolved), Vanadium (total and 
dissolved), Total Organic Carbon, Methylene Chloride, Acetone, Carbon 
Disulfide, Chloroform, Bis(2-ethylhexyl)phthalate, Vernolate, Lindane, 
Alpha-BHC, 4,4-DDT, Dieldrin and Aldrin. Only a few minor exceedances 
of the ROD cleanup goals were observed with the exception of Vernolate 
in MW-16.
    During the March 2009 sampling event, it was determined by the EPA 
that the groundwater cleanup goals had been met for all COCs with the 
exception of Vernolate. Due to the persistent exceedances of Vernolate 
in MW-16, three additional monitoring wells were installed off-site 
(MWOS-01, MWOS-02 and MWOS-03). Some members of the community were 
concerned with the proximity of MW-16 to the property line. All 
monitoring wells except MW-16 and the three off-site monitoring wells 
were abandoned in 2010. Monitoring continued on these three off-site 
wells and on-site MW-16 for Vernolate until the groundwater cleanup 
level was achieved in MW-16. No Vernolate was ever detected in the off-
site monitoring wells.
    From September 2009 to August 2012, groundwater samples were 
collected quarterly from MW-16 and the three off-site monitoring wells. 
After reviewing the results of the Vernolate groundwater sampling, ADEM 
and the EPA determined that the cleanup goals specified in the 1992 
ROD, 2000 AROD and 2007 ESD had been met and abandonment of the 
remaining monitoring wells for the Site was approved.

Five-Year Reviews

    The first five-year review (FYR) was completed on September 25, 
2014. This review concluded that the selected remedy remains protective 
of human health and the environment pursuant to CERCLA section 121(c), 
42 U.S.C. 9601 et seq. Per the EPA's 2001 FYR guidance, ``Five-year 
reviews may no longer be needed when no hazardous substances, 
pollutants or contaminants remain on-site above levels that allow for 
unlimited use or unrestricted exposure'' (UU/UE). Since the Site is UU/
UE and has met the requirements established by the ROD, it is not 
necessary to conduct another FYR. The EPA has a policy that at least 
one FYR must be conducted after initiation of remedial action at the 
Site to ensure that the remedy is protective of human health and the 
environment. This policy FYR was conducted in 2014, and it concluded 
that the selected remedy at the Site is protective of human health and 
the environment because the surface soil, subsurface soil, sediment and 
groundwater at the Site met performance standards established in the 
1992 ROD, subsequent 2000 AROD and subsequent 2007 ESD. The policy 
requirement for the five-year review has been met, and accordingly, the 
Site FYR requirement has been discontinued.

Community Involvement

    Throughout the removal and remedial process, the EPA has kept the 
public informed of the activities being conducted at the Site by way of 
public meetings, progress fact sheets, and the announcement through 
local newspaper advertisement on the availability of documents such as 
the RI/FS, Risk Assessment, ROD, Proposed Plan, AROD, ESD and FYRs.
    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 of the deletion from the NPL, are available to the 
public in the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion From the 
NCP

    This Site meets all the site completion requirements as specified 
in Office of Solid Waste and Emergency Response (OSWER) Directive 
9320.22, Close-Out Procedures for National Priorities List Sites. 
Specifically, confirmatory soil and groundwater sampling verifies that 
the Site has achieved the ROD cleanup standards, and that all cleanup 
actions specified in the ROD, AROD and ESD have been implemented.

V. Deletion Action

    The EPA, with concurrence of the State of Alabama through ADEM, has 
determined that all appropriate response actions under CERCLA have been 
completed. Therefore, the EPA is deleting the Site from the NPL.
    Because the EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication. This action 
will be effective September 28, 2015 unless the EPA receives adverse 
comments by September 14, 2015. If adverse comments are received within 
the 30-day public comment period, the 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. The 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: August 3, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

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 TO PART 300 [AMENDED]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Al'', 
``Redwing Carriers, Inc. (Saraland)'', ``Saraland''.

[FR Doc. 2015-20017 Filed 8-13-15; 8:45 am]
BILLING CODE 6560-50-P
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