National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the National Southwire Aluminum (NSA) Superfund Site, 50797-50802 [2015-20611]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50797-50802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20611]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1994-0009; FRL-9932-77-Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the National Southwire Aluminum 
(NSA) Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
publishing a direct final Notice of Deletion of the National Southwire 
Aluminum (NSA) Superfund Site (Site), located in Hawesville, Hancock 
County, Kentucky, 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 Kentucky, through the 
Kentucky Division of Waste Management (KDWM), because the EPA has 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, monitoring and five-year reviews, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: This direct final deletion is effective October 5, 2015 unless 
the EPA receives adverse comments by September 21, 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-1994-0009, by one of the following methods:
    [ssquf] https://www.regulations.gov. Follow online instructions for 
submitting comments.
    [ssquf] Email: townsend.michael@epa.gov.
    [ssquf] Fax: 404 562-8788.
    [ssquf] Mail: Michael Townsend, Remedial Project Manager--Superfund 
Division, U.S. Environmental Protection Agency Region 4, Atlanta 
Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303.
    [ssquf] Hand Delivery: U.S. Environmental Protection Agency Region 
4, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303. 
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-
1994-0009. 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 statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically at https://www.regulations.gov or in hard copy at:

Hancock County Public Library

    1210 Madison Street, Hawesville, KY 42351. Hours: MTWF 8:30 to 
4:30, Thursday 8:30 to 7:00, Saturday 8:30 to 12:00.

FOR FURTHER INFORMATION CONTACT: Michael Townsend, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 4, Atlanta 
Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303; 
townsend.michael@epa.gov or (404) 562-8813.

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 National Southwire Aluminum (Site), from the National Priorities 
List (NPL). The NPL constitutes Appendix B of 40 CFR part 300, which is 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP), which the EPA promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(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 act ions financed by the Hazardous Substance Superfund (Fund). 
As described in Sec.  300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for Fund-financed remedial actions if future 
conditions warrant such actions.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that the EPA is 
using for this action. Section IV discusses the National Southwire 
Aluminum Superfund 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:

[[Page 50798]]

    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, the EPA conducts 
five-year reviews to ensure the continued protectiveness of remedial 
actions where hazardous substances, pollutants or contaminants remain 
at a site above levels that allow for unlimited use and unrestricted 
exposure. The EPA conducts such five-year reviews even if a site is 
deleted from the NPL. The EPA may initiate further action to ensure 
continued protectiveness at a deleted site if new information becomes 
available that indicates it is appropriate. Whenever there is a 
significant release from a site deleted from the NPL, the deleted site 
may be restored to the NPL without application of the hazard ranking 
system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the state of Kentucky 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 the Kentucky Division of 
Waste Management (KDWM), 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 the Hancock County Clarion. 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.

IV. Basis for Site Deletion

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

1. Site Background and History

    The Comprehensive Environmental Response, Compensation and 
Liability Information System (CERCLIS) EPA ID Number of the NSA Site is 
KYD049062375. The Site is an active aluminum reduction facility located 
in Hancock County, Kentucky, a sparsely populated area on the south 
bank of the Ohio River. The Site is located 4 miles northwest of the 
town of Hawesville and across the Ohio River from the Indiana cities of 
Cannelton and Tell City. The land surface is characterized by low 
relief and lies approximately 40 feet above the local normal water 
level of the Ohio River.
    The facility area, including adjacent agricultural land, is 1,100 
acres. The aluminum reduction activities take place in a 475-acre area 
located to the east of State Route 334 and to the north of State Route 
3543. Public access to the Site is restricted by a chain-link fence. In 
addition, access to and from the plant area is controlled by a 
guardhouse located at the State Route 3543 entrance. Southwire operated 
the facility from 1969 to 2001. In April 2001, Southwire transferred 
ownership of the facility and the majority of the former NSA property 
to Century Aluminum of Kentucky, LLC (Century). Century continues to 
operate the aluminum reduction facility. Southwire retained 
responsibility for completion of the remedy and also maintains 
ownership of a small parcel on the northwestern part of the property 
(referred to as the Southwire Outlot).
    There were two primary historic practices that contributed to the 
contamination at the Site. These included the removal, replacement and 
disposal of spent potliners in an uncontrolled manner and the use of 
polychlorinated biphenyl (PCB) heat transfer fluids as part of pitch 
operations. These activities adversely affected the Site soil and 
groundwater. In 1986, the KDWM performed a preliminary assessment at 
the Site and identified the presence of cyanide in groundwater. A Site 
Scoring Investigation was performed by the EPA and completed in 1991. 
The EPA proposed to add the Site to the NPL in the June 29, 1991 
Federal Register. The Site was listed final on the NPL: 27989-27996 
Federal Register Vol. 59, No. 103, on May 31, 1994.
    A Non-Time Critical Removal Action (NTCRA) was completed in 1997 at 
the South Slurry Pond to reduce the migration of fluoride and cyanide 
to groundwater.

2. Remedial Investigation and Feasibility Study (RI/FS)

    The Remedial Investigation (RI) was performed to further 
characterize the nature and extent of known areas of contamination, to 
ascertain the presence or absence of any additional areas of concern at 
the Site, and to describe the fate and transport of the contaminants 
present.
    The analytical results of the RI/FS indicated the presence of two 
cyanide contaminated groundwater plumes. The north plume extended 
eastward from the Potliner Disposal Area to the Ohio River, and 
contained maximum concentrations of 21 milligrams per Liter (mg/L) 
total cyanide and 1.5 mg/L free cyanide. The total and free cyanide 
concentrations decreased at the river to 0.723 mg/L and 0.445 mg/L, 
respectively. The south plume extended bi-directionally from the area 
of the Spent Potliner Accumulation Building eastward to the river and 
southwestward to the plant's industrial water supply wells. Total 
cyanide levels were 0.142 mg/L or less, while free cyanide levels in 
groundwater sampled from wells near the river were 0.02 mg/L or less. 
The RI/FS also reported the presence of fluoride and heavy metals in 
groundwater. The RI/FS indicated that fluoride mobility was naturally 
limited by precipitation of calcium fluoride. The heavy metals 
identified in groundwater were addressed by the Record of Decision 
(ROD), and the EPA determined that it seemed unlikely that the 
expenditure of resources on an area-wide sampling and cleanup effort 
would bring a measurable improvement to ecological risk with regard to 
metals.

[[Page 50799]]

    The analytical results of the RI/FS also indicated the presence of 
PCBs and polycyclic aromatic hydrocarbons (PAHs) in Site soils. These 
constituents were generally identified in carbon and/or pitch handling 
areas at the Site. Concentrations of PCBs were as high as 2,800 
milligrams per kilogram (mg/Kg) in the subsurface soil at the Green 
Carbon pitch handling areas where spills occurred. Low concentrations 
of PCBs (<50 mg/Kg) were also identified in a few other isolated areas 
of the Site, such as the Refractory Brick Disposal Areas (RBDAs). 
Detailed information regarding the findings of the RI/FS activities can 
be found in the 1997 Remedial Investigation Report and the 1998 
Feasibility Study Report.

3. Selected Remedy

    The ROD identified seven (7) areas of concern based on the results 
of the RI/FS, the Baseline Risk Assessment (BRA) and the Ecological 
Risk Assessment (ERA). These focus areas included the following:

(1) Green Carbon PCB Spill Area
(2) RBDAs
(3) Taylors Wash Landfill
(4) Drum Storage Area
(5) PCB Soil Stockpile Area
(6) Site-wide Groundwater
(7) South Slurry Pond

    The remedial action objectives (RAOs) presented in the ROD for the 
seven (7) focus areas, consisted of the following:
    [ssquf] Minimize direct contact by Site workers and the public with 
soil containing excessive levels of PCBs,
    [ssquf] Minimize direct contact by Site workers and the public with 
soil containing excessive levels of PAH compounds,
    [ssquf] Minimize transport of contaminated soil by erosion to water 
courses, including the Ohio River,
    [ssquf] Minimize potential leaching of total PCBs to Site 
groundwater from areas of high concentrations,
    [ssquf] Remediate groundwater contaminated with elevated levels of 
cyanide and fluoride, and
    [ssquf] Prevent deterioration of the Old South Slurry Pond 
containment system.
    The NTCRA at the South Slurry Pond was conducted to reduce the 
migration of fluoride and cyanide to groundwater. Groundwater with 
elevated levels of fluoride is naturally limited by the precipitation 
of calcium fluoride. Groundwater with elevated levels of cyanide was 
treated at the OU1 Groundwater Extraction and Treatment System (GETS).
    The ROD presented the selected remedy to achieve these RAOs at each 
of the seven (7) focus areas. These seven (7) focus areas and the 
selected remedy presented in the ROD for each area is as follows:
Green Carbon PCB Spill Area (Central Plant)
    Land-use and groundwater-use deed restrictions; surface and 
subsurface ``hot spot'' removal to off-site secure landfill; rerouting 
utilities, where necessary; installation of a low-permeability 
multimedia cap; operational controls to limit physical contact; 
monitoring of groundwater for PCBs; material with lower-level PCB 
contamination disposed under the new Taylors Wash Landfill cap and 
cover.
RBDAs (West of State Route 334)
    Land-use and groundwater-use deed restrictions; install soil 
erosion cap, establish a grass cover, and install fencing with warning 
signs; remove layer of sediment from lengths of the Drainage Ditch and 
Muddy Gut Tributary and dispose under the new Taylors Wash Landfill cap 
and cover or dispose off-site with other PCB soils.
Taylors Wash Landfill (Eastern Plant)
    Deed restrictions; collection and treatment of leachate utilizing a 
new force main from the Landfill to the existing groundwater treatment 
plant; install RCRA Subtitle D multi-media cap and cover; install 
fencing with warning signs.
Drum Storage Area (Southern Plant)
    Determine PCB and other contaminant of concern (COC) concentrations 
of `hotspots'; excavate `hot spots' and dispose of contaminated 
material under the new Taylors Wash Landfill cap; cover excavations 
with clean fill and appropriate surface treatment.
PCB Soil Stockpile Area (Eastern Plant)
    Excavate one foot of existing surface soils over the entire Area 
and dispose under the Taylors Wash Landfill cap after confirming PCB 
concentrations; install erosion cap over Area and establish grass 
cover.
Site-Wide Groundwater
    Impose deed restrictions for groundwater use where not already 
imposed; continue groundwater extraction and treatment as required by 
April 14, 1994 Remedial Design/Remedial Action (RD/RA) Consent Decree 
(operate and maintain Groundwater Extraction and Treatment System); 
monitor Site-wide groundwater and Groundwater Treatment System Kentucky 
Pollution Discharge Elimination System (KPDES) discharge; investigate 
soils under Spent Potliner Accumulation Building.
South Slurry Pond (Northern Plant)
    Maintain existing cap and cover; impose land-use deed restrictions 
for all four (4) ponds; monitor groundwater as a part of the Site-wide 
groundwater monitoring.
    The ROD was completed in July 2000, the SOW was completed in 
November 2000 and the Consent Decree (CD) was entered in U.S. District 
Court on March 8, 2004. The initial response activities associated with 
OU1 and the NTCRA were completed in 1997 before issuance of the ROD. 
The remedial design activities associated with OU2 commenced following 
execution of the CD. There are no Amendments or Explanations of 
Significant Differences to the 2000 ROD.

4. Response Actions

Operable Unit No. 1
    The Interim Record of Decision (IROD) was issued in 1993, and a CD 
for the interim remedial action activities was executed in 1994. The 
IROD focused on reducing cyanide in groundwater and is referred to as 
OU1. The Interim Remedial Action Groundwater Pumping and Treatment 
System Remedial Design (IRA RD) was completed in 1994. The GETS design 
included an extraction well network consisting of six total wells 
installed in the cores of the north and south plume to maximize the 
withdrawal of cyanide-contaminated groundwater. The groundwater 
treatment plant was designed to remove iron-complexed cyanide using 
ferrous precipitation and settling. The treatment process involved five 
basic steps: cyanide precipitation, cyanide solids removal, ferric iron 
precipitation, iron solids removal, and dewatering of the combined 
sludge from the two solids removal steps. The GETS was designed to 
discharge treated groundwater to the Ohio River under the terms of a 
KPDES Permit. In addition, the Performance Standards Verification Plan 
(PSVP) developed as part of the IRA RD included a system of thirty-
seven (37) groundwater monitoring wells sampled on a quarterly or 
annual basis for total and free cyanide.
    The remedial action activities associated with OU1 commenced in 
1995, with the startup of the GETS. The GETS operated from 1995 through 
2010, when the performance standards for OU1 were met. The GETS 
collected groundwater from up to six extraction wells operating in the 
north and/or south plumes at rates of up to 690,000

[[Page 50800]]

gallons per month under Kentucky Water Withdrawal Permit No. 1330. 
Groundwater was treated at the on-site groundwater treatment plant and 
discharged to the Ohio River in accordance with a KPDES Permit. 
Effluent from the groundwater treatment plant was monitored bi-weekly 
in accordance with the permit. The extraction wells were monitored on a 
monthly basis, and monitoring wells associated with OU1 were monitored 
on a quarterly or annual basis during GETS operation. The GETS 
operation and monitoring results have been documented in the Monthly 
Progress Reports required by the CD. Detailed information regarding the 
OU1 cleanup activities can primarily be found in the 2011 Remedial 
Action Report, which includes the 2011 OU1 Performance Standards 
Verification Report as an attachment.
Operable Unit No. 2
    The ROD was issued in 2000, and a CD for the remedial action 
activities was executed in 2004. With regard to OU2, the ROD primarily 
focused on the removal and management and/or containment of surface and 
subsurface soils from five specific focus areas contaminated with PCBs. 
The design criteria established in the ROD followed the self-
implementing provisions of the Toxic Substances Control Act (TSCA) 
defined in 40 Code of Federal Regulations (CFR) 761.61(a)(4)(i). In 
summary, the design criteria under TSCA required:
    [ssquf] High-Occupancy Areas: The removal of PCB bulk remediation 
waste to a level less than 1.0 mg/Kg total PCBs, or removal to a level 
less than 10.0 mg/Kg total PCBs and covered with a protective soil cap.
    [ssquf] Low-Occupancy Areas: The removal of PCB bulk remediation 
waste to a level less than or equal to 25 mg/Kg total PCBs, to a level 
less than or equal to 50 mg/Kg total PCBs if the areas is secured by a 
fence and marked with signage, or to a level of less than or equal to 
100 mg/Kg total PCBs if the area is appropriately capped.
    The plans for meeting the criteria established in the ROD were 
developed in the Final RD/RA Submittal and approved by the EPA in 2006. 
The RD/RA was designed to meet the criteria defined above through a 
series of remedial actions that are further described below.
    The remedial action activities associated with OU2 commenced in 
2007, and were substantially complete in 2008, when the performance 
standards associated with this operable unit were achieved. The 
remedial action activities were specific to five focus areas and are 
summarized below:
    [ssquf] Green Carbon PCB Spill Area: The remedial action activities 
in the Green Carbon Area primarily required the excavation and removal 
of materials (mainly soils) potentially contaminated with PCBs from 
depths of 2 to 14 feet. During material removal activities, 
confirmatory/verification sampling and material characterization 
activities were conducted in accordance with the approved RD/RA. 
Following material characterization, the removed materials were staged 
in the Taylor's Wash Landfill Area and ultimately disposed of either at 
Taylor's Wash, at a RCRA Subtitle D Landfill or at a TSCA-equivalent 
disposal facility in accordance with the provisions of the ROD and RD/
RA. A multi-layer cap was installed in the deep excavation areas 
(depths up to 14). Clean fill materials and, ultimately, pavements 
(concrete or asphalt) were installed above the multi-layer cap. In 
shallow excavation areas (depths up to 2 feet), the RD/RA included a 
layer of clean fill materials and/or concrete pavement. The activities 
were completed in December 2007.
    [ssquf] Drum Storage Area: The remedial action activities in the 
Drum Storage Area primarily required the excavation of soil materials 
potentially contaminated with PCBs or PAHs to depths of up to 2 feet. 
During material removal activities, confirmatory/verification sampling 
and material characterization activities were conducted in accordance 
with the approved RD/RA. Following material characterization, the 
removed materials were staged in the Taylor's Wash Landfill Area and 
ultimately disposed of either at Taylor's Wash, at a RCRA Subtitle D 
Landfill or at a TSCA-equivalent disposal facility in accordance with 
the provisions of the ROD and RD/RA. Clean fill materials were placed 
in the excavation areas. The activities were completed in September 
2007.
    [ssquf] Refractory Brick Disposal Areas: The cleanup activities in 
the RBDAs primarily required the regrading of existing materials and 
the installation of a 2-foot soil cap with a minimum of one percent 
slope. In addition, the preliminary design activities conducted in 2005 
identified wetlands in the vicinity of the RBDAs. The RD/RA included 
provisions to minimize disturbance to wetlands in the vicinity of the 
RBDAs and to restore the areas following wetlands mitigation 
principles. The activities were completed in November 2007.
    [ssquf] PCB Soil Stockpile Area: The cleanup activities at the PCB 
Soil Stockpile Area primarily required the installation of a 2-foot 
soil cap with a minimum of one percent slope. The activities were 
completed in September 2007.
    [ssquf] Taylor's Wash Landfill: The cleanup activities at the 
Taylor's Wash Landfill primarily consisted of the regrading of 
excavated soils from the Green Carbon and Drum Storage Areas with PCB 
concentrations of less than 25 mg/Kg. Following the regrading 
activities, the ROD required the installation of a multi-layer cap and 
vegetative cover system. These activities were completed in July 2008. 
In addition, as the ROD required, activities related to the collection 
and treatment of leachate from the landfill for a period of one year, 
or until other established criteria had been met, were implemented. 
Leachate from the landfill was pre-treated adjacent to the Taylor's 
Wash Landfill area and treated at the OU1 groundwater treatment plant. 
The leachate treatment activities were completed in August 2009.
    In addition to the cleanup activities described above, the ROD also 
required the installation of fencing at the Taylor's Wash Landfill and 
the RBDAs, and the installation of warning signs to prevent digging or 
excavation at the Green Carbon Area, RBDAs, PCB Soil Stockpile Area and 
Taylor's Wash Landfill. These activities were completed by August 2008. 
Detailed information regarding the OU2 cleanup activities can be found 
in the 2011 Remedial Action Report.
    The EPA and the KDWM have indicated that all remedial action 
construction activities, including the implementation of institutional 
controls, were performed in compliance with the ROD and in accordance 
with the Final Remedial Design (RD). In 2013, the EPA prepared a Final 
Close Out Report to document the completion of the remedial action 
activities.

5. Cleanup Goals

Demonstration of Cleanup Activity Quality Assurance and Quality Control 
(QA/QC)
    The construction and operation and maintenance QA/QC requirements 
related to the Site are included as appendices to the 2006 RD/RA that 
encompassed all areas of concern and was approved by the EPA in June 
2006. The RD/RA included the Construction Quality Assurance Project 
Plan (specific to OU2) and the Field Sampling Plan (inclusive of OU1 
and OU2). These work controlling documents are

[[Page 50801]]

consistent with the requirements of the IROD and ROD. Southwire 
retained URS to serve in the role of the Quality Assurance firm and to 
document that the QA/QC protocol was followed.
    A significant number of QA/QC reports were developed during 
implementation of cleanup activities at both OU1 and OU2. The reports 
consisted of, but were not limited to, material certifications, air 
monitoring data, groundwater monitoring and extraction well analytical 
data, treatment system discharge analytical data, soil confirmation 
data, liner testing results, waste characterization data, Site surveys 
and field observations. As demonstrated by the reports, the 
requirements and standards of performance for the various remedy 
components have been met and sampling and analysis protocol has been 
followed.
    The QA/QC information and activities described above have been 
documented in the Monthly Progress Reports for the Site, the 2011 
Remedial Action Report and the 2013 Final Close-Out Report.

6. Operation and Maintenance

Summary of Operation and Maintenance Required
    A detailed description of the required Operations and Maintenance 
Manual (O&M) activities specific to the Site can be found in the 2008 
Operations and Maintenance Manual for OU1, OU2 and South Slurry Pond 
Remedial Action Activities (O&M Manual). The manual was developed to be 
inclusive of all Superfund-related O&M activities required at the Site 
and will be updated as needed.
    The O&M activities for OU1 were related to groundwater monitoring 
and operation of the GETS. The activities related to OU1 were completed 
in May 2010. The O&M activities for South Slurry Pond are related to 
groundwater monitoring and inspection of the cap/cover system. The 
South Slurry Pond activities are anticipated to continue for a total of 
thirty (30) years, or through 2027. The O&M activities for OU2 are 
primarily related to inspection of the installed cap and/or cover 
systems. These activities related to OU2 are anticipated to continue 
for a total of thirty (30) years, or through 2038.
    The O&M activities for OU2 and the South Slurry Pond are ongoing 
and consist primarily of field inspection/observation activities and 
groundwater monitoring. The following list is a general overview of the 
O&M activities at the Site.
    [ssquf] Inspect vegetative/erosion/pavement caps for erosion, 
rutting, settlement, ponding or other significant damage.
    [ssquf] Inspect fencing, gates and locks for significant breaches 
and operability.
    [ssquf] Observe signage is in required locations and visible.
    [ssquf] Observe stormwater systems and confirm operating without 
restrictions, significant silt buildup, debris, etc.
    [ssquf] Observe monitoring well casings and locks for damage.
    [ssquf] Review groundwater monitoring records to confirm that the 
appropriate monitoring has been conducted.
    [ssquf] Continued groundwater monitoring associated with the south 
slurry pond.
    The O&M activities will continue to be implemented by Southwire and 
an annual O&M Monitoring Report for the Site will be prepared in 
accordance with the O&M Manual. More detailed information related to 
the required O&M at the Site can be found in the O&M Manual.
Institutional Controls
    The ROD required the development of Institutional Controls in the 
form of Environmental Covenants to restrict groundwater and land use at 
the Site. Two Environmental Covenants were prepared for the Site, one 
for Century's property and one for the Out lot containing the former 
waste impoundments owned by Southwire. These Environmental Covenants 
were developed, approved by the EPA and KDWM\ and recorded at the 
Hancock County Court in November 2010. The Environmental Covenants 
include the following provisions, as required by the ROD:
    [ssquf] No residential use of the Site,
    [ssquf] No potable water use of groundwater at the Site, and
    [ssquf] No soil disturbance, cap disturbance or construction is 
permitted within the identified focus areas without first obtaining 
approval from the EPA and KDWM.
    The Institutional Controls are maintained and enforced by the 
current Site owners, Southwire and Century.

7. Five-Year Reviews

    Pursuant to CERCLA section 121(c), 42 U.S.C. 9601 et seq., and the 
EPA's Five-Year Review Guidance, and because this remedy will result in 
hazardous substances, pollutants or contaminants remaining on-site 
above levels that allow for unlimited use and unrestricted exposure, a 
statutory review must be conducted every five years after initiation of 
remedial activities at the Site. The objective of the Five-Year Review 
is to ensure that the remedy continues to be protective of human health 
and the environment. The First Five-Year Review was completed in 2001, 
and the Second Five-Year Review was completed in 2006. The Third-Five 
Year Review was signed on September 1, 2011.
    The protectiveness statement from the Third Five-Year Review 
indicated that all remedial activities at the Site are complete, the 
cleanup requirements have been met and the remedial action is 
protective of human health and the environment. The Fourth Five-Year 
Review is required to be completed on or before September 1, 2016.

8. Community Involvement

    [ssquf] As part of preparation for the IROD, a public comment 
period was held from January 7, 1993 to February 7, 1993, and comment 
response was included in the IROD.
    [ssquf] As part of preparation for the ROD, a public comment period 
was held from July 28, 1999 to August 28, 1999 and comment response was 
included in the ROD.
    [ssquf] As part of the preparation for the Five-Year Review--a 
public notice was published in the Hancock County Clarion (local 
newspaper), on May 5, 2011, announcing the commencement of the Five-
Year Review process for the National Southwire Aluminum Superfund Site 
inviting community participation. In addition, the Five-Year Review 
report will be made available to the public once it has been finalized.

9. Determination That the Site Meets the Criteria for Deletion in the 
NCP

    The NSA Site meets all of the site completion requirements 
specified in 40 CFR 400.325(e) and the Office of Solid Waste and 
Emergency Response (OSWER) Directive 9320.2-22, Close Out Procedures 
for NPL Sites. Specifically, the QA/QC information for the Site 
indicates that the ROD specified performance standards and remedial 
action objectives have been achieved at all identified areas of 
concern. Therefore, the implemented remedy achieves the degree of 
cleanup and protection specified in the ROD, and no further Superfund 
response is needed at the Site to be protective of human health and the 
environment. The selected remedial and removal actions and associated 
cleanup goals are consistent with EPA policy and guidance. The O&M 
activities will be continued by Southwire to ensure continued 
protectiveness of the remedy.

V. Deletion Action

    The EPA, with concurrence of the State of Kentucky through the 
Kentucky Division of Waste Management, has determined that all 
appropriate

[[Page 50802]]

response actions under CERCLA, other than operation, maintenance, 
monitoring and five-year reviews 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 October 5, 2015 unless the EPA receives adverse 
comments by September 21, 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 6, 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 ``KY'', 
``National Southwire Aluminum Co'', ``Hawesville''.

[FR Doc. 2015-20611 Filed 8-20-15; 8:45 am]
 BILLING CODE 6560-50-P