National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Davis Timber Company Superfund Site, 33182-33186 [2018-15243]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules
Community Involvement
EPA community relations staff
conducted an active campaign to ensure
that the residents were well informed
about activities at the Site. Community
relations activities included the
following:
• Interviews of Township officials for
Five-Year Reviews
• Fact Sheets
In accordance with the requirements
of 40 CFR 300.425(e)(4), EPA’s
community involvement activities
associated with this deletion will
consist of information supporting the
deletion docket in the local Site
information repository and placing a
public notice of EPA’s intent to delete
the Site from the NPL in the Reading
Eagle, a major, local newspaper of
general circulation.
Determination That the Site Meets the
Criteria for Deletion in the NCP
Construction of the Selected Remedy
at the Site has been completed and O&M
has been untaken and is still ongoing in
accordance with the EPA-approved
O&M Plans. All RAOs, Performance
Standards, and cleanup goals
established in the 1988 OU1 ROD, 1991
OU2 ROD, 1991 ESD and 2007 ESD
have been achieved and the Selected
Remedy is protective of human health
and the environment. No further
Superfund response actions, other than
O&M, monitoring, and Five-Year
Reviews, are necessary to protect human
health and the environment.
The procedures specified in 40 CFR
300.425(e) have been followed for the
deletion of the Site. EPA, with
concurrence of the Commonwealth
through PADEP, has determined that all
appropriate response actions under
CERCLA, have been completed.
Therefore, EPA is deleting the Site from
the NPL.
List of Subjects in 40 CFR Part 300
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Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, EPA Region III.
[FR Doc. 2018–15245 Filed 7–16–18; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2000–0003; FRL–9980–
72—Region 4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Davis Timber Company
Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is issuing a
Notice of Intent to Delete the Davis
Timber Company Superfund Site (Site)
located in Hattiesburg, Lamar County,
Mississippi, 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). The EPA and
the State of Mississippi (State), through
the Mississippi Department of
Environmental Quality (MDEQ), have
determined that all appropriate
response actions under CERCLA, other
than operations and maintenance and
five-year reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
Comments must be received by
August 16, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2000–0003, by one of the
following methods:
(1) https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
DATES:
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additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
(2) Email: Scott Martin, Remedial
Project Manager, martin.scott@epa.gov.
(3) Mail: Scott Martin, 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.
(4) Hand delivery: USEPA Region 4,
61 Forsyth Street SW, Atlanta, Georgia
30303–8960. Attention: Scott Martin,
Remedial Project Manager, Superfund
Restoration and Sustainability Branch.
Hours of Operation: Monday to Friday
7:30 a.m. to 4:30 p.m. Phone: 404–562–
8951.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2000–
0003. EPA 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 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 website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
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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 in https://
www.regulations.gov or in hard copy at:
(1) USEPA Region 4, 61 Forsyth Street
SW, Atlanta, Georgia 30303–8960,
Monday–Friday 7:30 a.m.–4:30 p.m.,
Contact Tina Terrell 404–562–8835; and
(2) Oak Grove Public Library (in the
Reference Section) 4958 Old Highway
11, Hattiesburg, Mississippi, 39402,
Monday–Friday 9:00 a.m.–6:00 p.m.;
and Saturdays 10:00 a.m. to 2:00 p.m.;
Phone: 601–296–1620.
FOR FURTHER INFORMATION CONTACT:
Scott Martin, 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, phone
404–562–8916, email: martin.scott@
epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
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I. Introduction
The EPA announces its intent to
delete the Davis Timber Company
Superfund Site from the NPL and
requests public comment on this
proposed action. The NPL constitutes
Appendix B of 40 CFR part 300 which
is the 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 actions financed
by the Hazardous Substance Superfund
(Fund). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for Fundfinanced remedial actions if future
conditions warrant such actions.
The EPA will accept comments on the
proposal to delete this site for thirty (30)
days after publication of this document
in the Federal Register.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III discusses procedures
that the EPA is using for this action.
Section IV discusses the Davis Timber
Superfund Site and demonstrates how it
meets the deletion criteria.
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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.
Pursuant to CERCLA section 121(c)
and the NCP, the EPA conducts fiveyear reviews (FYRs) 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 FYRs
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.
33183
(6) The EPA placed copies of
documents supporting the proposed
deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
If comments are received within the
30-day public comment period on this
document, the EPA will evaluate and
respond appropriately to the comments
before making a final decision to delete.
If necessary, the EPA will prepare a
responsiveness summary to address any
significant public comments received.
After the public comment period, if the
EPA determines it is still appropriate to
delete the Site, the Regional
Administrator will publish a final
Notice of Deletion in the Federal
Register. Public notices, public
submissions and copies of the
responsiveness summary, if prepared,
will be made available to interested
parties and in the site’s information
repositories listed above.
Deletion of a site from the NPL does
not itself create, alter, or revoke any
individual’s rights or obligations.
Deletion of a site from the NPL does not
in any way alter 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.
III. Deletion Procedures
IV. Basis for Site Deletion
The following information provides
the EPA’s rationale for deleting the Site
from the NPL.
The following procedures apply to
deletion of the Site:
(1) The EPA consulted with the State
before developing this Notice of Intent
to Delete.
(2) The EPA has provided the State 30
working days for review of this notice
prior to publication of it today.
(3) In accordance with the criteria
discussed above, the EPA has
determined that no further response is
appropriate.
(4) The State, through the MDEQ, has
concurred with deletion of the Site from
the NPL.
(5) Concurrently with the publication
of this Notice of Intent to Delete in the
Federal Register, a notice is being
published in a major local newspaper,
Hattiesburg American. The newspaper
notice announces the 30-day public
comment period concerning the Notice
of Intent to Delete the site from the NPL.
Site Background and History
The Davis Timber Company Site is
located at 107 Jackson Road,
approximately 6 miles northwest of
Hattiesburg, in Lamar County,
Mississippi. The Davis Timber
Company produced treated pine poles,
pilings, and timber at the Site from 1972
to 1987. Operations at the Site included
bark removal, treatment of wood with
pentachlorophenol (PCP), and product
storage. The Site is approximately 30
acres and was comprised of a scragg
mill, debarker, pole peeler, office and
shop, treatment cylinder, cooling pond,
oil storage tank, two aboveground PCPsolution storage tanks, a storage yard,
and a large former PCP and waste bark
Impoundment (Impoundment).
Surface soil on the Site consists of a
very thin layer of sandy clay, which
overlies a very thick clay unit, the
Hattiesburg formation, that inhibits
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vertical migration of precipitation.
Surface water runoff from the property
flows into two intermittent tributaries of
Mineral Creek: East Mineral Creek and
West Mineral Creek. Mineral Creek
flows northeast into Country Club
Estates Lake, a 66-acre lake located
approximately 1.25 miles downstream
of the Site. Country Club Estates Lake is
a recreational fishery and designated
recreation area. Wastewater from Site
operations containing PCP, dioxin and
furan compounds, was discharged into
the Impoundment. In 1980, the
Impoundment was backfilled and
capped by the property owner with
approximately 6 to 8 inches of clay.
Between December 1974 and January
1987, the MDEQ documented six fish
kills in Country Club Estates Lake.
Several of the fish kills were attributed
to documented releases of PCP from the
Impoundment. In 1987, MDEQ ordered
Davis Timber Company to discontinue
wood preserving operations. According
to MDEQ, Davis Timber Company
subsequently declared bankruptcy in
1990. Since 1987, Mississippi officials
collected fish from Country Club Estates
Lake seven times and analyzed the fish
tissue for dioxin compounds. In 1989,
after obtaining the first set of fish tissue
data, MDEQ issued an advisory against
both commercial fishing and
consumption of fish caught in Country
Club Estates Lake due to the high levels
of dioxin compounds in the fish tissue.
In 1989, the Agency for Toxic
Substances and Disease Registry
(ATSDR) was petitioned by the MDEQ
to conduct a public health assessment at
Country Club Estates Lake on behalf of
the residents of Country Club Estates. In
that public health assessment, released
in January 1993, ATSDR classified
Country Club Estates Lake as a public
health hazard because of concentrations
of PCP and chlorinated dibenzodioxins
(dioxins) and dibenzofurans (furans)
detected in the Lake. In July 2000,
MDEQ collected fish from Country Club
Estates Lake. According to these
sampling results, dioxin levels in fish
from Country Club Estates Lake
declined below 5 pg/g, which is
Mississippi’s lower limit for issuing
consumption advisories for dioxin. In
June 2001, Mississippi officials lifted
the ban on consumption of fish caught
near the Site because dioxin levels in
fish showed a significant decrease over
a 10-year period.
The Site was proposed as a NPL Site
on May 11, 2000 (65 FR 30489). It was
finalized as a NPL Site in July 2000 (65
FR 46096). The EPA’s Identification
Number is MSD046497012.
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Remedial Investigation and Feasibility
Study (RI/FS)
The Remedial Investigation (RI) was
conducted by the EPA Region 4 Science
and Ecosystem Support Division (SESD)
between May 2000 and September 2001.
During this period, SESD collected 30
subsurface soil samples, 6 groundwater
samples, 51 sediment samples, 11
surface water samples, 27 surface soil
samples, and multiple fish tissue
samples (individual and composite).
The Site was divided into 49 grids
measuring 200-ft by 200-ft except in the
central-northern portion of the Site,
which was divided into 100-ft by 100ft grids. A 3 to 5-point composite
surface sample was collected from each
grid and a subsurface sample was
collected from the center of each grid at
a depth of 18 to 24 inches.
Contamination was delineated based
on those constituents detected at
concentrations exceeding the EPA
Region 9 Preliminary Remediation Goals
(PRGs) and/or Federal Maximum
Contaminant Levels (MCLs) for surface
water and groundwater; or human
health risk-based Region 4 PRGs (e.g.,
for dioxins/furans in soil and sediment).
Risk-based remediation goals derived
from Site-specific data are identified by
the Human Health Risk Assessment
(HHRA) for residential, industrial and
recreational receptors and the ecological
risk assessment. Arsenic, aluminum,
thallium, and iron are identified in soil
as chemicals of potential concern
(COPCs) assuming residential use of the
property in the RI; however, they were
not Chemicals of Concern (COCs) when
considering the property will likely be
utilized for a recreational future land
use, not residential purposes. As a
result, COCs for the Site are limited to
PCP and dioxin/furans.
Appreciable quantities of
groundwater have not been observed at
the Site. Of the four permanent
monitoring wells installed outside the
Impoundment area, only one produced
an adequate quantity of water to collect
a groundwater sample. No Volatile
Organic Compounds (VOCs), PCP, or
Polycyclic Aromatic Hydrocarbons
(PAHs) were detected in the
groundwater sample collected from this
well outside the Impoundment area.
Temporary monitoring wells were
installed and sampled in the initial field
investigation. After evaluation of
historical aerial photographs, it is
believed these temporary monitoring
wells were installed within the footprint
of the Impoundment and the fluid
sampled was not groundwater but fluid
remaining within the Impoundment.
The four permanent monitoring wells
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have been properly abandoned. The
groundwater was not a pathway of
contaminant migration, and a
groundwater response action was not
required.
Selected Remedy
The site is comprised of one Operable
Unit (OU). The Record of Decision
(ROD) for the Davis Timber Site was
signed on September 24, 2009 following
consideration of public comment on the
proposed plan. The Site’s ROD
identified the following Remedial
Action Objectives (RAOs):
i. Reduce or eliminate human
exposure to contaminated surface and
subsurface soil;
ii. Reduce human exposure to
contaminated surface water; and
iii. Reduce exposure of ecological
receptors to contaminated surface soil
and sediment.
The remedial action specified for this
site has been deemed necessary by the
EPA to protect public health, welfare,
and the environment from actual or
threatened releases of hazardous
substances from this site into the
environment. The remedial actions
chosen for the Site are summarized as
follows:
(1) Extract the liquid from the closed
Impoundment, and treat the liquid to
remove the dissolved contamination
and discharge the clean water to West
Mineral Creek;
(2) Move a 500 to 1,000-foot portion
of West Mineral Creek (immediately
adjacent to the Impoundment area)
approximately 200 feet west of its
current location;
(3) Construct an earthen retaining
wall or berm structure along the western
boundary of the Impoundment between
it and the relocated portion of West
Mineral Creek;
(4) Excavate and move contaminated
soil into the Impoundment area;
(5) Dredge contaminated sediment
from the creeks, ponds, and wetlands,
and remove excess water and move into
the Impoundment area;
(6) Construct a cap over the
Impoundment area (designed with a
stabilizing sub-cap);
(7) Backfill excavated and dredged
locations with clean borrow material;
(8) Implement land-use/deed
restrictions to limit construction over
the capped Impoundment and
contaminated soil areas;
(9) Grade and prepare the site for
optimal storm water drainage control;
and
(10) Establish and implement a longterm monitoring program to assess the
effectiveness of the remedial action.
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Response Actions
Remedial action physical construction
activities began during October 2011
following receipt of remedial action
funding through the President’s Jobs
Initiative Program. Remedial action
construction services were procured
through the existing Region 4
Emergency Response and Removal
Services (ERRS) contract.
Construction activities were
completed in August 2012, and
included the following:
(1) Site clearing and demolition of onsite structures;
(2) Installation of the Impoundment
liquid extraction and treatment system
(this system treated approximately
539,000 gallons of liquid);
(3) West Mineral Creek Relocation
(relocated approximately 1,046 linear
feet of creek approximately 200 feet
west of its current location);
(4) Impoundment berm construction;
(5) Cooling pond and areas of surface
soil contamination excavation
(excavated approximately 3,060 cubic
yards);
(6) East Mineral Creek Excavation
(approximately 525 linear feet and 101
cubic yards of soil);
(7) Impoundment cap construction;
and
(8) Final grading and vegetation.
The selected remedy required
Institutional Controls (land use or deed
restrictions) to control and limit on-site
activities to preserve the integrity of the
capped Impoundment and all
components of the engineered
containment system. Site use is
restricted to activities compatible with
the future anticipated recreational land
use.
The Site parcel has an environmental
covenant which does not allow
residential use and restricts excavation
before meeting notification
requirements of Mississippi’s One Call
law.
Cleanup Levels
The RA successfully achieved
compliance with the defined
performance standards documented in
the ROD and the RD.
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Impoundment Water Extraction and
Treatment
The water extraction and treatment
system removed and treated 539,454
gallons of contaminated water from the
closed Impoundment. Approximately 77
percent of the water was removed from
the Impoundment. The remedial design
established performance standards for
the treatment system discharge to West
Mineral Creek as the Mississippi Water
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Quality Criteria for Intrastate, Interstate
and Coastal Waters. These standards
comply with the requirements of a
Mississippi National Pollutant
Discharge Elimination System (NPDES)
permit. Operation of the treatment
system continued until May 30, 2012,
when diminishing recovery volumes
and water levels indicated the practical
limit of dewatering had been reached.
Soil
The remedial design specified
excavation of contaminated soil from
two areas of the Site:
(1) Within the footprint of the former
cooling pond; and
(2) Within the delineated area of
surface soil contamination surrounding
the former cooling pond and process
area.
Two additional areas of contaminated
soil were discovered during the
remedial action and were also
excavated:
(1) Beneath the former maintenance
building; and
(2) Beneath the location of the former
treatment cylinder.
Contaminated soil in these additional
soil areas were excavated and disposed
of in the Impoundment area until the
visible extent of contamination was
removed and vapor screening indicated
total organic vapors of less than 10 parts
per million.
Post-excavation subsurface soil
samples collected from the base of the
cooling pond excavation and the surface
soil excavation were analyzed for
dioxins, furans and PCP. The 2013
Remedial Action Report summarized
the sampling results as follows:
(1) Three composite subsurface soil
samples were collected from the base of
the cooling pond excavation and
compared to the dioxin Toxic
Equivalency Quotient (TEQ) cleanup
level of 5 mg/kg. All three sample results
were below the cleanup level, ranging
from 0.088 to 0.40 mg/kg.
(2) Five composite subsurface soil
samples and one duplicate sample were
collected from the bottom of the surface
soil excavation area. All of the sample
results were below the dioxin TEQ
cleanup goal of 5 m g/kg.
Sediment
Prior to excavation, the EPA
contractor collected additional sediment
samples from East Mineral Creek and
analyzed for dioxins and furans. All
results were below the cleanup goal for
dioxin TEQs. Contaminated sediment
was excavated from three areas of East
Mineral Creek that had shown the
highest concentrations during the RI. A
total of 101 cubic yards of sediment was
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removed and disposed of in the closed
Impoundment area. Three postexcavation sediment samples and one
duplicate sample were collected from
the creek to confirm that cleanup goals
were achieved. Dioxin TEQ results were
below the ROD cleanup level of 1.9 mg/
kg for all samples, with values ranging
from 0.21 to 0.73 mg/kg. All samples
collected during the RI were below the
sediment cleanup goal for PCP except
for one (8,200 mg/kg, performance
standard 7,600 mg/kg).
Groundwater
No appreciable quantities of
groundwater have been observed at the
Site. Of the four permanent monitoring
wells installed outside the
Impoundment area, only one produced
an adequate quantity of water to collect
a groundwater sample. No volatile
organic compounds (VOCs), PCP, or
polycyclic aromatic hydrocarbons
(PAHs) were detected in the
groundwater sample collected from this
well outside the Impoundment area.
Post-excavation soil sampling
performed by Onedia Total Integrated
Enterprise (OTIE) confirmed that soil
and sediment cleanup levels were
achieved. All work performed by WRS
Compass (WRSC) during the RA was
conducted in accordance with the RD
specifications, unless otherwise
documented and approved by the EPA
Remedial Project Manager (RPM). The
EPA had a representative on-site for
much of the RA construction who, in
conjunction with the OTIE
representative, ensured that the remedy
was constructed in accordance with the
RD specifications and that the
construction quality control
requirements of the specifications were
strictly adhered to.
Operations and Maintenance
The responsibility for operations and
maintenance (O&M) was transferred to
the State on October 20, 2014. Future
O&M activities at the site are expected
to be limited to mowing, inspections,
and FYRs. Periodic inspections will
need to be implemented to ensure the
Impoundment cap and berm retain their
integrity, and to ensure that stormwater
and sediment controls, the West Mineral
Creek channel, and revegetated areas
operate as intended.
Five-Year Review
The purpose of a the FYR is to
evaluate the implementation and
performance of a remedy to determine if
the remedy is and will continue to be
protective of human health and the
environment. In addition, FYR reports
identify issues found during the review,
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if any, and document recommendations
to address them. The first FYR was
conducted in December 2016.
The FYR was conducted pursuant to
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 121, consistent
with the NCP (40 CFR 300.430(f)(4)(ii)),
and considering the EPA policy. The
triggering action for this statutory
review is the on-site construction start
date of the remedial action. The FYR
has been prepared because hazardous
substances, pollutants or contaminants
remain at the Site above levels that
allow for unlimited use and unrestricted
exposure (UU/UE).
The Site consists of one operable unit
(OU1), and OU1 consisted of all
contaminated media, which includes
soil and sediment, associated with the
Site.
The FYR concluded that the remedy
at OU1 currently protects human health
and the environment because there are
no completed exposure pathways;
contaminated soil and sediment were
excavated and capped, and
Impoundment water was treated and
discharged. The FYR had no issues or
recommendations. The next FYR will be
conducted in 2021.
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 related to the site and FYRs.
The notice of the availability of the
Administrative Record and an
announcement of the Proposed Plan for
a public meeting was published in the
Hattiesburg American newspaper on
July 15, 2009. A public comment period
was held from July 15, 2009, to August
14, 2009. The Proposed Plan was
presented to the community during a
public meeting on August 10 at the
Breland Community Center, 79 Jackson
Road, Hattiesburg, MS 39402. At this
meeting, representatives from the EPA
and MDEQ answered questions from the
community concerning the proposed
remedy and the remedial alternatives
that were evaluated. The Administrative
Record file was available to the public
and was placed in the information
repository maintained at the EPA
Region 4 Superfund Record Center and
at the Oak Grove Public Library (in the
Reference Section) 4958 Old Highway
11, Hattiesburg, Mississippi, 39402.
Public participation activities have
been satisfied as required in CERCLA
section 113(k), 42 U.S.C. 9613(k) and
VerDate Sep<11>2014
16:23 Jul 16, 2018
Jkt 244001
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 in the NCP
The EPA has followed the procedures
required by 40 CFR 300.425(e) as
mentioned above and the implemented
remedy achieves the degree of cleanup
specified in the ROD for all pathways of
exposure. Specifically, post-excavation
soil sampling performed by OTIE
confirmed that soil and sediment
cleanup levels were achieved. These
results verify that the Site has achieved
the ROD cleanup standards, and that all
cleanup actions specified in the ROD
have been implemented. All selected
remedial and removal action objectives
and associated cleanup levels are
consistent with agency policy and
guidance. 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. No further
Superfund response is needed to protect
human health and the environment.
The EPA, with concurrence of the
State through MDEQ, has determined
that all appropriate response actions
under CERCLA have been completed.
Therefore, the EPA is proposing to
delete the Site from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Dated: July 3, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018–15243 Filed 7–16–18; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0011; FRL–9980–
58—Region 3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Recticon/Allied Steel Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region III is issuing a
Notice of Intent to Delete the Recticon/
Allied Steel Superfund Site (Site)
located in East Coventry Township,
Chester County, Pennsylvania, from the
National Priorities List (NPL) and
requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the Commonwealth of Pennsylvania (the
Commonwealth), through the
Pennsylvania Department of
Environmental Protection (PADEP),
have determined that all appropriate
response actions under CERCLA have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: Comments must be received by
August 16, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1989–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
SUMMARY:
E:\FR\FM\17JYP1.SGM
17JYP1
Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33182-33186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15243]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2000-0003; FRL-9980-72--Region 4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Davis Timber Company
Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing
a Notice of Intent to Delete the Davis Timber Company Superfund Site
(Site) located in Hattiesburg, Lamar County, Mississippi, 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).
The EPA and the State of Mississippi (State), through the Mississippi
Department of Environmental Quality (MDEQ), have determined that all
appropriate response actions under CERCLA, other than operations and
maintenance and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund.
DATES: Comments must be received by August 16, 2018.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0003, by one of the following methods:
(1) https://www.regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
(2) Email: Scott Martin, Remedial Project Manager,
[email protected].
(3) Mail: Scott Martin, 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.
(4) Hand delivery: USEPA Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303-8960. Attention: Scott Martin, Remedial Project Manager,
Superfund Restoration and Sustainability Branch. Hours of Operation:
Monday to Friday 7:30 a.m. to 4:30 p.m. Phone: 404-562-8951.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0003. EPA 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 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 website is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through https://www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is
[[Page 33183]]
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 in
https://www.regulations.gov or in hard copy at:
(1) USEPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960, Monday-Friday 7:30 a.m.-4:30 p.m., Contact Tina Terrell 404-562-
8835; and
(2) Oak Grove Public Library (in the Reference Section) 4958 Old
Highway 11, Hattiesburg, Mississippi, 39402, Monday-Friday 9:00 a.m.-
6:00 p.m.; and Saturdays 10:00 a.m. to 2:00 p.m.; Phone: 601-296-1620.
FOR FURTHER INFORMATION CONTACT: Scott Martin, 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, phone 404-562-8916, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The EPA announces its intent to delete the Davis Timber Company
Superfund Site from the NPL and requests public comment on this
proposed action. The NPL constitutes Appendix B of 40 CFR part 300
which is the 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 actions financed by the Hazardous Substance Superfund (Fund).
As described in 40 CFR 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.
The EPA will accept comments on the proposal to delete this site
for thirty (30) days after publication of this document in the Federal
Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that the EPA is
using for this action. Section IV discusses the Davis Timber Superfund
Site and demonstrates how it meets the deletion criteria.
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.
Pursuant to CERCLA section 121(c) and the NCP, the EPA conducts
five-year reviews (FYRs) 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 FYRs 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 before developing this Notice
of Intent to Delete.
(2) The EPA has provided the State 30 working days for review of
this notice prior to publication of it today.
(3) In accordance with the criteria discussed above, the EPA has
determined that no further response is appropriate.
(4) The State, through the MDEQ, has concurred with deletion of the
Site from the NPL.
(5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper, Hattiesburg American. The newspaper notice announces
the 30-day public comment period concerning the Notice of Intent to
Delete the site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
If comments are received within the 30-day public comment period on
this document, the EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. If necessary, the
EPA will prepare a responsiveness summary to address any significant
public comments received. After the public comment period, if the EPA
determines it is still appropriate to delete the Site, the Regional
Administrator will publish a final Notice of Deletion in the Federal
Register. Public notices, public submissions and copies of the
responsiveness summary, if prepared, will be made available to
interested parties and in the site's information repositories listed
above.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter 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.
Site Background and History
The Davis Timber Company Site is located at 107 Jackson Road,
approximately 6 miles northwest of Hattiesburg, in Lamar County,
Mississippi. The Davis Timber Company produced treated pine poles,
pilings, and timber at the Site from 1972 to 1987. Operations at the
Site included bark removal, treatment of wood with pentachlorophenol
(PCP), and product storage. The Site is approximately 30 acres and was
comprised of a scragg mill, debarker, pole peeler, office and shop,
treatment cylinder, cooling pond, oil storage tank, two aboveground
PCP-solution storage tanks, a storage yard, and a large former PCP and
waste bark Impoundment (Impoundment).
Surface soil on the Site consists of a very thin layer of sandy
clay, which overlies a very thick clay unit, the Hattiesburg formation,
that inhibits
[[Page 33184]]
vertical migration of precipitation. Surface water runoff from the
property flows into two intermittent tributaries of Mineral Creek: East
Mineral Creek and West Mineral Creek. Mineral Creek flows northeast
into Country Club Estates Lake, a 66-acre lake located approximately
1.25 miles downstream of the Site. Country Club Estates Lake is a
recreational fishery and designated recreation area. Wastewater from
Site operations containing PCP, dioxin and furan compounds, was
discharged into the Impoundment. In 1980, the Impoundment was
backfilled and capped by the property owner with approximately 6 to 8
inches of clay.
Between December 1974 and January 1987, the MDEQ documented six
fish kills in Country Club Estates Lake. Several of the fish kills were
attributed to documented releases of PCP from the Impoundment. In 1987,
MDEQ ordered Davis Timber Company to discontinue wood preserving
operations. According to MDEQ, Davis Timber Company subsequently
declared bankruptcy in 1990. Since 1987, Mississippi officials
collected fish from Country Club Estates Lake seven times and analyzed
the fish tissue for dioxin compounds. In 1989, after obtaining the
first set of fish tissue data, MDEQ issued an advisory against both
commercial fishing and consumption of fish caught in Country Club
Estates Lake due to the high levels of dioxin compounds in the fish
tissue. In 1989, the Agency for Toxic Substances and Disease Registry
(ATSDR) was petitioned by the MDEQ to conduct a public health
assessment at Country Club Estates Lake on behalf of the residents of
Country Club Estates. In that public health assessment, released in
January 1993, ATSDR classified Country Club Estates Lake as a public
health hazard because of concentrations of PCP and chlorinated
dibenzodioxins (dioxins) and dibenzofurans (furans) detected in the
Lake. In July 2000, MDEQ collected fish from Country Club Estates Lake.
According to these sampling results, dioxin levels in fish from Country
Club Estates Lake declined below 5 pg/g, which is Mississippi's lower
limit for issuing consumption advisories for dioxin. In June 2001,
Mississippi officials lifted the ban on consumption of fish caught near
the Site because dioxin levels in fish showed a significant decrease
over a 10-year period.
The Site was proposed as a NPL Site on May 11, 2000 (65 FR 30489).
It was finalized as a NPL Site in July 2000 (65 FR 46096). The EPA's
Identification Number is MSD046497012.
Remedial Investigation and Feasibility Study (RI/FS)
The Remedial Investigation (RI) was conducted by the EPA Region 4
Science and Ecosystem Support Division (SESD) between May 2000 and
September 2001. During this period, SESD collected 30 subsurface soil
samples, 6 groundwater samples, 51 sediment samples, 11 surface water
samples, 27 surface soil samples, and multiple fish tissue samples
(individual and composite). The Site was divided into 49 grids
measuring 200-ft by 200-ft except in the central-northern portion of
the Site, which was divided into 100-ft by 100-ft grids. A 3 to 5-point
composite surface sample was collected from each grid and a subsurface
sample was collected from the center of each grid at a depth of 18 to
24 inches.
Contamination was delineated based on those constituents detected
at concentrations exceeding the EPA Region 9 Preliminary Remediation
Goals (PRGs) and/or Federal Maximum Contaminant Levels (MCLs) for
surface water and groundwater; or human health risk-based Region 4 PRGs
(e.g., for dioxins/furans in soil and sediment). Risk-based remediation
goals derived from Site-specific data are identified by the Human
Health Risk Assessment (HHRA) for residential, industrial and
recreational receptors and the ecological risk assessment. Arsenic,
aluminum, thallium, and iron are identified in soil as chemicals of
potential concern (COPCs) assuming residential use of the property in
the RI; however, they were not Chemicals of Concern (COCs) when
considering the property will likely be utilized for a recreational
future land use, not residential purposes. As a result, COCs for the
Site are limited to PCP and dioxin/furans.
Appreciable quantities of groundwater have not been observed at the
Site. Of the four permanent monitoring wells installed outside the
Impoundment area, only one produced an adequate quantity of water to
collect a groundwater sample. No Volatile Organic Compounds (VOCs),
PCP, or Polycyclic Aromatic Hydrocarbons (PAHs) were detected in the
groundwater sample collected from this well outside the Impoundment
area. Temporary monitoring wells were installed and sampled in the
initial field investigation. After evaluation of historical aerial
photographs, it is believed these temporary monitoring wells were
installed within the footprint of the Impoundment and the fluid sampled
was not groundwater but fluid remaining within the Impoundment. The
four permanent monitoring wells have been properly abandoned. The
groundwater was not a pathway of contaminant migration, and a
groundwater response action was not required.
Selected Remedy
The site is comprised of one Operable Unit (OU). The Record of
Decision (ROD) for the Davis Timber Site was signed on September 24,
2009 following consideration of public comment on the proposed plan.
The Site's ROD identified the following Remedial Action Objectives
(RAOs):
i. Reduce or eliminate human exposure to contaminated surface and
subsurface soil;
ii. Reduce human exposure to contaminated surface water; and
iii. Reduce exposure of ecological receptors to contaminated
surface soil and sediment.
The remedial action specified for this site has been deemed
necessary by the EPA to protect public health, welfare, and the
environment from actual or threatened releases of hazardous substances
from this site into the environment. The remedial actions chosen for
the Site are summarized as follows:
(1) Extract the liquid from the closed Impoundment, and treat the
liquid to remove the dissolved contamination and discharge the clean
water to West Mineral Creek;
(2) Move a 500 to 1,000-foot portion of West Mineral Creek
(immediately adjacent to the Impoundment area) approximately 200 feet
west of its current location;
(3) Construct an earthen retaining wall or berm structure along the
western boundary of the Impoundment between it and the relocated
portion of West Mineral Creek;
(4) Excavate and move contaminated soil into the Impoundment area;
(5) Dredge contaminated sediment from the creeks, ponds, and
wetlands, and remove excess water and move into the Impoundment area;
(6) Construct a cap over the Impoundment area (designed with a
stabilizing sub-cap);
(7) Backfill excavated and dredged locations with clean borrow
material;
(8) Implement land-use/deed restrictions to limit construction over
the capped Impoundment and contaminated soil areas;
(9) Grade and prepare the site for optimal storm water drainage
control; and
(10) Establish and implement a long-term monitoring program to
assess the effectiveness of the remedial action.
[[Page 33185]]
Response Actions
Remedial action physical construction activities began during
October 2011 following receipt of remedial action funding through the
President's Jobs Initiative Program. Remedial action construction
services were procured through the existing Region 4 Emergency Response
and Removal Services (ERRS) contract.
Construction activities were completed in August 2012, and included
the following:
(1) Site clearing and demolition of on-site structures;
(2) Installation of the Impoundment liquid extraction and treatment
system (this system treated approximately 539,000 gallons of liquid);
(3) West Mineral Creek Relocation (relocated approximately 1,046
linear feet of creek approximately 200 feet west of its current
location);
(4) Impoundment berm construction;
(5) Cooling pond and areas of surface soil contamination excavation
(excavated approximately 3,060 cubic yards);
(6) East Mineral Creek Excavation (approximately 525 linear feet
and 101 cubic yards of soil);
(7) Impoundment cap construction; and
(8) Final grading and vegetation.
The selected remedy required Institutional Controls (land use or
deed restrictions) to control and limit on-site activities to preserve
the integrity of the capped Impoundment and all components of the
engineered containment system. Site use is restricted to activities
compatible with the future anticipated recreational land use.
The Site parcel has an environmental covenant which does not allow
residential use and restricts excavation before meeting notification
requirements of Mississippi's One Call law.
Cleanup Levels
The RA successfully achieved compliance with the defined
performance standards documented in the ROD and the RD.
Impoundment Water Extraction and Treatment
The water extraction and treatment system removed and treated
539,454 gallons of contaminated water from the closed Impoundment.
Approximately 77 percent of the water was removed from the Impoundment.
The remedial design established performance standards for the treatment
system discharge to West Mineral Creek as the Mississippi Water Quality
Criteria for Intrastate, Interstate and Coastal Waters. These standards
comply with the requirements of a Mississippi National Pollutant
Discharge Elimination System (NPDES) permit. Operation of the treatment
system continued until May 30, 2012, when diminishing recovery volumes
and water levels indicated the practical limit of dewatering had been
reached.
Soil
The remedial design specified excavation of contaminated soil from
two areas of the Site:
(1) Within the footprint of the former cooling pond; and
(2) Within the delineated area of surface soil contamination
surrounding the former cooling pond and process area.
Two additional areas of contaminated soil were discovered during
the remedial action and were also excavated:
(1) Beneath the former maintenance building; and
(2) Beneath the location of the former treatment cylinder.
Contaminated soil in these additional soil areas were excavated and
disposed of in the Impoundment area until the visible extent of
contamination was removed and vapor screening indicated total organic
vapors of less than 10 parts per million.
Post-excavation subsurface soil samples collected from the base of
the cooling pond excavation and the surface soil excavation were
analyzed for dioxins, furans and PCP. The 2013 Remedial Action Report
summarized the sampling results as follows:
(1) Three composite subsurface soil samples were collected from the
base of the cooling pond excavation and compared to the dioxin Toxic
Equivalency Quotient (TEQ) cleanup level of 5 [micro]g/kg. All three
sample results were below the cleanup level, ranging from 0.088 to 0.40
[micro]g/kg.
(2) Five composite subsurface soil samples and one duplicate sample
were collected from the bottom of the surface soil excavation area. All
of the sample results were below the dioxin TEQ cleanup goal of 5
[micro] g/kg.
Sediment
Prior to excavation, the EPA contractor collected additional
sediment samples from East Mineral Creek and analyzed for dioxins and
furans. All results were below the cleanup goal for dioxin TEQs.
Contaminated sediment was excavated from three areas of East Mineral
Creek that had shown the highest concentrations during the RI. A total
of 101 cubic yards of sediment was removed and disposed of in the
closed Impoundment area. Three post-excavation sediment samples and one
duplicate sample were collected from the creek to confirm that cleanup
goals were achieved. Dioxin TEQ results were below the ROD cleanup
level of 1.9 [micro]g/kg for all samples, with values ranging from 0.21
to 0.73 [micro]g/kg. All samples collected during the RI were below the
sediment cleanup goal for PCP except for one (8,200 [micro]g/kg,
performance standard 7,600 [micro]g/kg).
Groundwater
No appreciable quantities of groundwater have been observed at the
Site. Of the four permanent monitoring wells installed outside the
Impoundment area, only one produced an adequate quantity of water to
collect a groundwater sample. No volatile organic compounds (VOCs),
PCP, or polycyclic aromatic hydrocarbons (PAHs) were detected in the
groundwater sample collected from this well outside the Impoundment
area.
Post-excavation soil sampling performed by Onedia Total Integrated
Enterprise (OTIE) confirmed that soil and sediment cleanup levels were
achieved. All work performed by WRS Compass (WRSC) during the RA was
conducted in accordance with the RD specifications, unless otherwise
documented and approved by the EPA Remedial Project Manager (RPM). The
EPA had a representative on-site for much of the RA construction who,
in conjunction with the OTIE representative, ensured that the remedy
was constructed in accordance with the RD specifications and that the
construction quality control requirements of the specifications were
strictly adhered to.
Operations and Maintenance
The responsibility for operations and maintenance (O&M) was
transferred to the State on October 20, 2014. Future O&M activities at
the site are expected to be limited to mowing, inspections, and FYRs.
Periodic inspections will need to be implemented to ensure the
Impoundment cap and berm retain their integrity, and to ensure that
stormwater and sediment controls, the West Mineral Creek channel, and
revegetated areas operate as intended.
Five-Year Review
The purpose of a the FYR is to evaluate the implementation and
performance of a remedy to determine if the remedy is and will continue
to be protective of human health and the environment. In addition, FYR
reports identify issues found during the review,
[[Page 33186]]
if any, and document recommendations to address them. The first FYR was
conducted in December 2016.
The FYR was conducted pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) section 121,
consistent with the NCP (40 CFR 300.430(f)(4)(ii)), and considering the
EPA policy. The triggering action for this statutory review is the on-
site construction start date of the remedial action. The FYR has been
prepared because hazardous substances, pollutants or contaminants
remain at the Site above levels that allow for unlimited use and
unrestricted exposure (UU/UE).
The Site consists of one operable unit (OU1), and OU1 consisted of
all contaminated media, which includes soil and sediment, associated
with the Site.
The FYR concluded that the remedy at OU1 currently protects human
health and the environment because there are no completed exposure
pathways; contaminated soil and sediment were excavated and capped, and
Impoundment water was treated and discharged. The FYR had no issues or
recommendations. The next FYR will be conducted in 2021.
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 related
to the site and FYRs.
The notice of the availability of the Administrative Record and an
announcement of the Proposed Plan for a public meeting was published in
the Hattiesburg American newspaper on July 15, 2009. A public comment
period was held from July 15, 2009, to August 14, 2009. The Proposed
Plan was presented to the community during a public meeting on August
10 at the Breland Community Center, 79 Jackson Road, Hattiesburg, MS
39402. At this meeting, representatives from the EPA and MDEQ answered
questions from the community concerning the proposed remedy and the
remedial alternatives that were evaluated. The Administrative Record
file was available to the public and was placed in the information
repository maintained at the EPA Region 4 Superfund Record Center and
at the Oak Grove Public Library (in the Reference Section) 4958 Old
Highway 11, Hattiesburg, Mississippi, 39402.
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 in the NCP
The EPA has followed the procedures required by 40 CFR 300.425(e)
as mentioned above and the implemented remedy achieves the degree of
cleanup specified in the ROD for all pathways of exposure.
Specifically, post-excavation soil sampling performed by OTIE confirmed
that soil and sediment cleanup levels were achieved. These results
verify that the Site has achieved the ROD cleanup standards, and that
all cleanup actions specified in the ROD have been implemented. All
selected remedial and removal action objectives and associated cleanup
levels are consistent with agency policy and guidance. 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. No further Superfund
response is needed to protect human health and the environment.
The EPA, with concurrence of the State through MDEQ, has determined
that all appropriate response actions under CERCLA have been completed.
Therefore, the EPA is proposing to delete the Site from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.
Dated: July 3, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-15243 Filed 7-16-18; 8:45 am]
BILLING CODE 6560-50-P