National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Old Esco Manufacturing Superfund Site, 35555-35560 [2018-16119]
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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting only one hour and thirty
minutes that will prohibit entry on a
one-mile stretch of the Kanawha River
on one evening. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0686 to read as
follows:
■
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§ 165.T08–0686 Safety Zone; Kanawha
River, Nitro, WV.
(a) Location. The following area is a
safety zone: All navigable waters of the
Kanawha River from mile marker (MM)
43.1 to MM 44.2.
(b) Effective period. This section is
effective from 8:45 p.m. through 10:15
p.m. on August 4, 2018.
(c) Regulations. (1) Under the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative. A designated
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representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
(2) To seek permission to enter,
contact the COTP or designated
representative via radio on channel 16
or by telephone at 1–800–253–7465.
(3) If permission is granted, all
persons and vessels shall transit at their
slowest safe speed and comply with the
instructions of the COTP or designated
representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of any changes in the
date and times of enforcement through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/
or Safety Marine Information Broadcasts
(SMIBs), as appropriate.
Dated: July 18, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–16064 Filed 7–26–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2008–0084; FRL–9981–
36—Region 6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Old Esco Manufacturing
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 6 is publishing a
direct final Notice of Deletion of the Old
Esco Manufacturing, Superfund Site
(Site), located in Greenville, Texas, from
the National Priorities List (NPL). The
NPL, promulgated pursuant to section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the State of
Texas, through the Texas Commission
on Environmental Quality (TCEQ),
because EPA has determined that all
appropriate response actions under
CERCLA, have been completed.
SUMMARY:
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However, this deletion does not
preclude future actions under
Superfund.
DATES: This direct final deletion is
effective September 10, 2018 unless
EPA receives adverse comments by
August 27, 2018. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final deletion
in the Federal Register informing the
public that the deletion will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2008–0084, 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
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.
• Email: mueller.brian@epa.gov.
• Mail: Brian W. Mueller; U.S.
Environmental Protection Agency,
Region 6; Superfund Division (6SF–RL);
1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202–2733.
• Hand delivery: U.S. Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733; Contact: Brian W. Mueller (214)
665–7167. 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–2008–
0084. 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
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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
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:
City of Greenville Municipal Bldg., 2821
Washington Street, Greenville, TX
75401, Telephone Number: (903) 457–
3130, Hours of Operation: Monday
thru Friday 8:00 a.m. to 5:00 p.m.
U.S. Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite
1200, Dallas, TX 75202–2733,
Telephone number: (800) 533–3508,
Contact: Brian W. Mueller: (214) 665–
7167, Hours of operation: Monday
thru Friday, 9:00 a.m. to 12:00 p.m.
and 1:00 p.m. to 4:00 p.m.
Texas Commission on Environmental
Quality, Records Management Center,
Central File Room, Technical Park
Center Bld. E, 1st Floor, Room 1003,
12100 Park 35 Circle, Austin, TX
78753, Telephone Numbers: (512)
239–2900 and (800) 633–9363, Hours
of operation: Monday thru Friday,
8:00 a.m. to 5:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Brian W. Mueller, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 6, 6SF–RL 1445 Ross
Avenue, Suite 1200, Dallas, Texas
75202–2733, (214) 665–7167, email
mueller.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
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V. Deletion Action
I. Introduction
EPA Region 6 is publishing this direct
final Notice of Deletion of the Old Esco
Manufacturing (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 EPA
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). As described in § 300.425(e)(3)
of the NCP, sites deleted from the NPL
remain eligible for Fund-financed
remedial 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 EPA is using for this action. Section
IV discusses the Old Esco
Manufacturing Superfund Site and
demonstrates how it meets the deletion
criteria. Section V discusses EPA’s
action to delete the Site from the NPL
unless adverse comments are received
during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that
EPA uses to delete sites from the NPL.
In accordance with 40 CFR 300.425(e),
sites may be deleted from the NPL
where no further response is
appropriate. In making such a
determination pursuant to 40 CFR
300.425(e), EPA will consider, in
consultation with the state, whether any
of the following criteria have been met:
i. Responsible parties or other persons
have implemented all appropriate
response actions required;
ii. all appropriate Fund-financed
response under CERCLA has been
implemented, and no further response
action by responsible parties is
appropriate; or
iii. the remedial investigation has
shown that the release poses no
significant threat to public health or the
environment and, therefore, the taking
of remedial measures is not appropriate.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the State of
Texas prior to developing this direct
final Notice of Deletion and the Notice
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of Intent to Delete co-published today in
the ‘‘Proposed Rules’’ section of the
Federal Register.
(2) EPA has provided the state 30
working days for review of this notice
and the parallel Notice of Intent to
Delete prior to their publication today,
and the state, through the Texas
Commission on Environmental Quality,
has concurred on the deletion of the Site
from the NPL.
(3) Concurrently with the publication
of this direct final Notice of Deletion, a
notice of the availability of the parallel
Notice of Intent to Delete is being
published in a major local newspaper,
Greenville Herald Banner. 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, 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 EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist
EPA management. Section 300.425(e)(3)
of the NCP states that the deletion of a
site from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL:
Site Background and History
The Old Esco Manufacturing (‘‘Old
Esco’’ or ‘‘site’’) Superfund Site
(CERCLIS ID TXD980573808) is located
at 500 Forrester Street, Greenville, Hunt
County, Texas. The geographic
coordinates of the Site are Latitude
33.138732° N and Longitude
¥96.075961° W. The facility, which is
currently abandoned, is situated on a
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4.7-acre tract of land owned by the City
of Greenville.
The boundaries of the Site are
surrounded by fencing. The Site is
bordered to the north by Forrester
Street, to the east by a residential area
and vacant lot, to the south by the
frontage road of Interstate 30 and a
drainage pathway to Horse Creek and
the Cowleech Fork of the Sabine River,
and to the west by a private lake. The
Site consisted of several attached
buildings that form one main building
(125 by 500 feet), a small shed (15 by
20 feet), and vacant land. A former soil
and gravel parking lot is located on the
north and west sides of the building.
Esco began operations at the Site in
the late 1940s, leasing the property and
building, until approximately 1970,
when the company relocated to another
property in Greenville, Texas. In 1983,
Esco purchased the Site and owned it
until it defaulted for non-payment of
taxes in 2001. Esco manufactured
electrical transformers and high voltage
switchgear for electrical distribution at
the Site. Other manufacturing
operations at the Site included metal
fabrication, welding, grinding,
sandblasting, silver electroplating, and
painting. Completed transformers from
the facility were either shipped dry (i.e.,
empty of coolant) or were filled with
polychlorinated biphenyl (PCB)
dielectric oil, depending on the
requirements of the purchaser.
PCBs are mixtures of synthetic
organic chemicals that were commonly
used for various applications from
approximately 1929 until 1979. PCBs
were regulated under a series of EPA
actions culminating with a ban in 1979
on manufacturing, processing,
distribution, and use of PCBs under the
Toxic Substances Control Act (TSCA).
Items such as transformers and
hydraulic fluids were identified as highrisk sources and were targeted for
accelerated phase-out.
In July 1980, the Texas Department of
Water Resources (TDWR) received a
complaint about the historic disposal of
transformer oil by Esco on the property.
The investigation by TDWR revealed the
presence of PCBs at concentrations of
760, 8,400, and 85,000 milligrams per
kilogram (mg/kg) in the soils. In April
1981, the TDWR recommended that
Esco conduct an extent-ofcontamination survey within 180 days
and develop a removal plan that would
eliminate the PCB-contaminated soil
from the Site. In 1990, Esco filed for
Chapter 11 Bankruptcy without
conducting the cleanup. In 1991, the
Chapter 11 bankruptcy was converted to
a Chapter 7 bankruptcy. In 2003, the
(TCEQ) conducted a Phase I & II
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Environmental Site Assessment, and
installed one new monitoring well and
collected 23 surface and subsurface soil
samples. Chemical analysis of the
surface soil samples indicated the
presence of the PCB, Aroclor-1260 in
concentrations ranging from 0.338 to
2,390 mg/kg. Chemical analysis of the
subsurface soil samples indicated the
presence of Aroclor-1260 at a
concentration of 12.2 mg/kg. Ground
water was encountered at approximately
10 to 15 feet below ground surface (bgs).
Chemical analysis of the ground water
samples collected from two monitoring
wells indicated the presence of Aroclor1260.
In 2004, the TCEQ formally referred
the Site to EPA Region 6 for assistance.
From 2005 through 2007, EPA’s removal
program conducted numerous field
sampling and assessment activities at
the Site and adjacent properties to
determine the extent of contamination
and for National Priorities List (NPL)
Hazard Ranking System scoring
purposes. The Site was proposed to the
NPL on March 19, 2008, (73 FR 14742).
The Site was added to the NPL as final
on September 3, 2008, (73 FR 51368).
History of EPA CERCLA Removal
Actions
EPA conducted two Time Critical
Removal Actions which began in
August 2008 and September 2009,
respectively. The purpose of these
Removal Actions was to investigate the
PCB-contaminated soils in the
residential and other adjacent areas of
the Site; and to eliminate the imminent
threat and substantial endangerment to
public health or welfare, or to the
environment, posed by site-related
contamination associated with the Old
Esco Manufacturing Site. Based on
removal assessment activities conducted
by EPA, the Old Esco Manufacturing
Site and surrounding residential
properties were found to contain
elevated levels of PCBs above the EPA
Toxic Substances Control Act (TSCA)
screening level of 1 milligram per
kilogram (mg/kg).
First Removal Action
The first of these two Removal
Actions was completed in January 2009.
This Removal Action included:
• Removal of PCB-contaminated soils
with a concentration greater than 1.0
mg/kg from six adjacent residential
properties and the adjacent Texas
Department of Transportation road
right-of-way drainage ditches located
directly east of the Site.
• Restoration of the six residential
properties and roadside ditches.
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• Transportation and disposal of 922
tons of soils in the CSC Landfill in
Avalon, Texas with concentrations of
PCBs equal to or greater than 50.0 mg/
kg (TSCA soils) and 4,221 tons of soils
in the Maloy Landfill near Campbell,
Texas with concentrations of PCBs less
than 50.0 mg/kg (Non-TSCA soils).
• On-site consolidation and storage of
approximately 4,000 cubic yards (yd3)
of TSCA soils in the building.
• Fencing of the perimeter of the Esco
property.
• Removal and disposal of 120 yd3 of
asbestos-containing materials from the
on-site building in the Maloy Landfill.
• Placement of ripple dams/storm
water controls in drainage pathways
between residential properties and the
Site to reduce the potential for
contaminated soil backflow onto clean
areas during flooding situations.
• Placement of ripple dams at several
locations on the Esco drainage system to
reduce off-site soil migration.
Second Removal Action
The second Removal Action was
completed in December 2009. This
Removal Action included:
• Removal of soils with
concentrations of PCBs greater than 1.0
mg/kg from three residential properties
and portions of the road side drainage
ditches along Fannin and Forrester
Streets.
• Restoration of the three residential
properties and the road side drainage
ditches.
• Transportation and disposal of
approximately 3,194 tons of soils in the
Maloy Landfill with concentrations of
PCBs less than 50.0 mg/kg (Non-TSCA
soils).
Remedial Investigation and Feasibility
Study (RI/FS)
In 2009, EPA’s remedial program
started and completed the off-site
Remedial Investigation (RI) and extent
of contamination study by collecting
soil samples for PCB analysis from an
additional 52 residential properties, and
from Texas Department of
Transportation highway median and
road right-of-way drainage ditches that
had not been previously sampled. The
RI also included the collection of twelve
co-located water and sediment samples
from Horse Creek and the Cowleech
Fork of the Sabine River, and the
collection of ground water samples for
PCB analyses.
In 2010, EPA’s remedial program
completed the full RI/FS. Surface and
subsurface soil samples were collected
from the on-site areas of the Site to
determine the nature and extent of
contamination. Sampling results
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showed that soils as deep as 10.0 feet
below ground surface were impacted by
PCBs and required remediation. TSCA
PCB regulations applied to the Site
because surface and subsurface soils
were contaminated by PCBs. The
concentrations of PCBs required that the
contaminated soils be managed as nonTSCA (i.e., concentration less than 50.0
mg/l total PCBs) or TSCA wastes (i.e.,
concentration equal to or greater than
50.0 mg/kg total PCBs).
Ground water samples were collected
from the on-site monitoring wells to
determine the nature and extent of
contamination in the ground water
underlying the Site. The primary ground
water contaminants were PCBs and the
extent of ground water impact was
limited. A total of nine monitoring wells
were installed on the Site. Five were
installed and sampled prior to the Site
being listed on the NPL. In 2003 the
wells were sampled and the results
indicated that the PCB Aroclor-1260
was present in the ground water in two
monitoring wells at concentrations
ranging from 9.26 to 0.379 micrograms
per liter (mg/L). In 2009 the wells were
resampled and the same two wells
reported PCB results of 1.1 and 1.5
mg/L, both above the Maximum
Contaminant Level (MCL) of 0.5 mg/L.
In 2010, four additional wells were
installed by EPA’s contractor. Nine
ground water samples were collected for
PCB analysis in 2010. The ground water
chemical analytical data collected
indicated that only Aroclor-1260 was
detected in four wells ranging from 0.04
to 0.46 mg/L, which were below the MCL
of 0.5 mg/L.
Surface water samples were collected
from Horse Creek and the Cowleech
Fork of the Sabine River to determine
the nature and extent of surface water
contamination. No Aroclors were
detected at the appropriate detection
limits and no further action was
recommended for surface water.
Sediment data were collected from
Horse Creek and the Cowleech Fork of
the Sabine River to determine the nature
and extent of sediment contamination.
Although the maximum sediment
concentrations for Aroclor-1268 and
Aroclor-1260 were above the screening
benchmark for sediments, the screening
level ecological risk assessment findings
indicated that no further action was
required for sediments.
Remedial Action Objectives
The Remedial Action Objectives to be
achieved by the Site Remedy were:
• Prevent direct dermal contact,
incidental ingestion and inhalation of
fugitive dust from PCB-contaminated
soils,
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• Prevent off-site migration of PCBcontaminated soils to Horse Creek or the
Cowleech Fork of the Sabine River,
• Prevent exposure to Site soils that
may pose a risk to ecological receptors,
and
• Ensure that current and future
receptors were not exposed to ground
water that could possibly be
contaminated with PCBs above the
federal MCL of 0.5 mg/L.
Remedial Action Goals
The excavation, on-site treatment, and
off-site disposal of the soils with a
concentration of total PCBs greater than
1.0 mg/kg would allow the Site to be
developed for reuse (i.e., residential
and/or recreational and commercial
and/or industrial land use). The
remediation goal for total PCBs for the
Site was 1.0 mg/kg.
Selected Remedy
The selected remedy for the Site, as
described in the original 2010 Record of
Decision (ROD), was Soil Excavation
and Treatment with Off-site Disposal for
Residential and/or Recreational Land
Use, and included the following major
components:
• Soil Excavation, Treatment, and
Disposal Components: Approximately
5,200 and 16,250 yd3 of TSCA and nonTSCA soils, respectively, with a
concentration of total PCBs greater than
1.0 milligrams per kilogram (mg/kg)
were to be excavated and transported
off-site to a permitted waste disposal
facility. Soils were to be excavated to a
maximum depth of 15.0 bgs, consistent
with the State’s requirements. Soils with
a concentration of total PCBs equal to or
greater than 50.0 mg/kg were to be
disposed of at a TSCA-permitted
landfill. Soils with a concentration of
total PCBs greater than 1.0 mg/kg and
less than 50.0 mg/kg were to be
disposed of at a non-TSCA landfill.
Approximately 1,850 yd3 of soils with a
concentration of total PCBs greater than
100.0 mg/kg, constituting principal
threat wastes, were to be treated on-site
by solidification or stabilization
techniques prior to disposal.
Approximately 4,000 yd3 of TSCA soils,
with a concentration of total PCBs less
than 100.0 mg/kg, staged in the existing
building from EPA’s first removal
action, were also to be transported offsite for disposal. Excavated areas were
to be backfilled with clean off-site soils
and the Site was to be graded to drain
and not pond water. The existing
building and its foundation were to be
demolished and also transported off-site
for disposal.
• Institutional Controls Component—
Institutional Controls (ICs), in the form
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of deed restrictions, were to be
implemented to prevent exposure of
human receptors to contaminated
ground water.
• Ground Water Monitoring
Component—Ground water monitoring
was to be conducted annually for a
minimum period of five years to
evaluate the protectiveness of the
Selected Remedy. Ground water
monitoring was to be discontinued if the
concentration of total PCBs in the
ground water did not exceed the federal
MCL of 0.5 mg/L for three consecutive
monitoring periods. The additional data
collected during the annual monitoring
events was to be used to confirm
previous PCB data and further evaluate
trends over time. The additional
monitoring data was to also allow
decisions to be made in the future
regarding ground water impacts and
evaluation of risks to human health, the
need for additional monitoring, whether
to continue maintaining ICs, and
whether any additional actions would
be needed to protect human health and
the environment. These decisions were
to be made during the first five-year
review report for the Site.
• Operations and Maintenance
Component—Operations and
maintenance was to involve the ground
water component of the remedy to
ensure that the remedy performed as
intended.
• Five-Year Review Component—
Because this alternative would result in
hazardous substances (i.e., PCBs)
remaining on-site in the ground water,
possibly above levels that allow for
unlimited use and unrestricted
exposure, a statutory review was to be
conducted no less often than every five
years after initiation of the RA to ensure
that the remedy was, or will continue to
be, protective of human health and the
environment. Five-year reviews were to
be discontinued if the ground water
monitoring data indicate that the
concentration of total PCBs did not
exceed the federal MCL of 0.5 mg/L for
three consecutive monitoring periods.
Third Removal Action
On May 4, 2011, EPA signed a Third
Action Memorandum, which
documented the continuation of the
Time Critical Removal Action and
approval of the Consistency Exemption
for the Site. The Consistency Exemption
documented that the continued
response actions were appropriate and
consistent with the 2010 ROD selected
remedy and remedial actions.
The Third Removal Action was
completed with issuance of the final
Pollution Report #10 on September 30,
2011. Between May 24 and September
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12, 2011, all PCB-contaminated soils
were excavated and transported off-site
to permitted disposal facilities, and the
existing building and foundation was
demolished and also transported off-site
for disposal. A total of 28,288 tons of
Non-TSCA soils, 24,137 tons of TSCA
PCB-contaminated soils, 343 tons of
construction debris, and 1,455 tons of
non-TSCA PCB-contaminated Class II
concrete were transported off-site for
disposal. The TSCA soils were disposed
of at the CSC Landfill and the nonTSCA soils, construction debris, and
non-TSCA PCB Class II concrete were
disposed of at the Maloy Landfill.
Following confirmation that all PCBcontaminated had been removed,
excavated areas were backfilled with
approximately 60,000 yd 3 of clean offsite soils and the Site was graded so that
it would drain and prevent the
formation of standing water.
No Further Action Is Necessary Record
of Decision Amendment and
Explanation of Significant Differences
(2011)
The No Further Action is Necessary
Record of Decision Amendment and
Explanation of Significant Differences
(ROD Amendment) was signed on
September 28, 2011. The ROD
Amendment was prepared to document
EPA’s implementation and completion
of the post-ROD Third Removal Action
for the PCB-contaminated soils at the
Site. The completion of the soil clean
up, which utilized the selected remedy
in the original 2010 ROD, eliminated the
need to conduct further soil remedial
actions at the Site. The Explanation of
Significant Differences (ESD) portion of
the ROD Amendment presented the
details of non-significant or minor
changes to the July 2011 Proposed Plan.
After the 2011 Proposed Plan was
proposed to the public, but before the
ROD Amendment was finalized, EPA
received the 2011 annual ground water
monitoring data, which showed that all
concentrations for total PCBs did not
exceed the federal MCL of 0.5 mg/L. As
a result, EPA determined that changes to
the 2011 Proposed Plan were necessary,
and the ESD documented those changes.
The changes would not have a
significant impact on the scope,
performance or cost of the remedy.
• The 2011 Proposed Plan stated that
ground water monitoring was to be
conducted annually for a minimum of
five years to evaluate the protectiveness
of the proposed remedy. Ground water
monitoring was to be discontinued if the
concentration of total PCBs in ground
water did not exceed the federal MCL of
0.5 ug/l for three consecutive
monitoring periods. The ESD added to
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the Ground Water Monitoring
Component that PCB concentrations had
already been below the MCL for two
(2010 and 2011) consecutive monitoring
periods and that if the PCB levels were
below the MCL in the third round of
ground water sampling scheduled for
2012, ground water monitoring would
be discontinued.
• Institutional controls in the form of
deed restrictions were to be
implemented to prevent exposure of
human receptors to contaminated
ground water. The ESD stated that these
institutional controls would not be
implemented at the Site because the
2010 and 2011 monitoring results for
PCBs were below the MCL.
• The ESD eliminated the Operations
and Maintenance of the ground water
component of the remedy after ground
water monitoring was to be
discontinued.
• Five-Year Reviews would be
discontinued if the ground water data
indicated that the concentration of total
PCBs did not exceed the federal MCL of
0.5 mg/L.
35559
Quality Assurance and Quality Control
(QA/QC)
Cleanup Levels
The QA/QC program for the Third
Removal Action was conducted in
accordance with the Site Removal QA/
QC Work Plan prepared by the EPA
Superfund Technical Assessment and
Response Team (START) contractor and
the EPA Emergency and Rapid Response
Services (ERRS) contractor. The START
contractor was responsible for postexcavation confirmation, soil sample
collection, and coordination of sample
analyses performed by either the EPA
Houston Laboratory or a commercial
laboratory selected by the START
contractor. All sample results were
either validated by the EPA Houston
Laboratory or by a START
representative.
The cleanup activities met all QA/QC
requirements for the Site. The EPA
Remedial Project Manager (RPM)
conducted daily oversight throughout
the Removal Action activities. During
the Removal Action the TCEQ Project
Manager conducted routine inspections
and was in regular contact with the
RPM. The TCEQ Project Manager
conducted two site visits to verify that
construction was complete.
Soils
Community Involvement
As stated above, during the Third
Removal Action all PCB-contaminated
soils were excavated and transported
off-site to permitted disposal facilities.
The Removal Action was completed by
September 2011. After the Removal
Action was completed, EPA collected
post-construction confirmation soil
samples from the bottom of the 52
excavated grids to verify that all PCBcontaminated soils above the total PCB
cleanup level of 1.00 mg/kg had been
removed. All soil samples were reported
below the 1.00 mg/kg cleanup level.
Public participation activities have
satisfied the requirements of CERCLA
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Throughout the Site’s history, the
community has been interested and
involved with Site activities. EPA has
kept the community and other
interested parties updated on Site
activities through informational
meetings, fact sheets, and public
meetings. Documents in the deletion
docket which EPA relied on for
recommendation for the deletion from
the NPL are available to the public in
the information repositories, and a
notice of availability of the Notice of
Intent for Deletion has been published
in the Greenville Herald Banner.
Ground Water
EPA conducted three consecutive
annual (2010, 2011, and 2012) ground
water sampling events, and all
laboratory total PCB results were below
the MCL level of 0.5 mg/L. Ground water
monitoring has been discontinued and
the nine ground water monitoring wells
were plugged and properly abandoned
in 2012. Although a requirement for
Five-Year Reviews was included in the
decision documents, Five-Year Reviews
were not conducted and are no longer
required because the ground water data
indicated that the concentration of total
PCBs did not exceed the federal MCL of
0.5 mg/L and the Site met unlimited use/
unrestricted exposure criteria for the
soils and groundwater.
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Determination That the Site Meets the
Criteria for Deletion in the NCP
The implemented remedy achieves
the degree of cleanup specified in the
ROD and ROD Amendment for all
pathways of exposure. All selected
remedial action objectives and clean-up
goals are consistent with agency policy
and guidance. No further Superfund
responses are needed to protect human
health and the environment at the Site.
In accordance with 40 CFR
300.425(e), sites may be deleted from
the NPL where no further response is
appropriate.
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V. Deletion Action
The EPA, with concurrence of the
State of Texas through the Texas
Commission on Environment Quality,
has determined that all appropriate
response actions under CERCLA, have
been completed. Therefore, EPA is
deleting the Site from the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective September 10,
2018 unless EPA receives adverse
comments by August 27, 2018. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion, and it will
not take effect. EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 19, 2018.
Arturo Blanco,
Acting Regional Administrator, Region 6.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(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.
Appendix B to Part 300—[Amended]
2. Table 1 of Appendix B to part 300
is amended in the table by removing the
entry for ‘‘TX, Old Esco Manufacturing,
Greenville’’.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2003–0010; FRL–9981–
26—Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Peters Cartridge
Factory Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is publishing a
direct final Notice of Partial Deletion of
the Former Process Area (FPA) portion
of the Peters Cartridge Factory
Superfund Site in Kings Mills, Ohio
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 Notice of Partial Deletion is being
published by EPA with the concurrence
of the State of Ohio, through the Ohio
Environmental Protection Agency
(OEPA), because EPA has determined
that all appropriate response actions in
the FPA under CERCLA, other than
maintenance, monitoring and five-year
reviews, have been completed.
However, this partial deletion does not
preclude future actions under
Superfund.
SUMMARY:
This direct final partial deletion
is effective September 25, 2018 unless
EPA receives adverse comments by
August 27, 2018. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final partial
deletion in the Federal Register (FR)
informing the public that the partial
deletion will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2003–0010 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Comments may also be submitted by
email or mail to Randolph Cano, NPL
Deletion Coordinator, U.S.
Environmental Protection Agency
Region 5 (SR–6J), 77 West Jackson
Boulevard, Chicago, IL 60604, Phone:
(312) 886–6036, email address:
cano.randolph@epa.gov or hand deliver:
Superfund Records Center, U.S.
Environmental Protection Agency,
DATES:
PO 00000
Frm 00024
Fmt 4700
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Region 5, 77 West Jackson Boulevard,
7th Floor South, Chicago, IL 60604,
Phone: (312) 886–0900. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
normal business hours are Monday
through Friday, 8 a.m. to 4 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2003–
0010. 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 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
restricted by statue. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or electronically or
in hard copy at:
U.S. Environmental Protection
Agency, Region 5, Superfund Records
Center, 77 West Jackson Boulevard, 7th
Floor South, Chicago, IL 60604, Phone:
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Agencies
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35555-35560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16119]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2008-0084; FRL-9981-36--Region 6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Old Esco Manufacturing
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
publishing a direct final Notice of Deletion of the Old Esco
Manufacturing, Superfund Site (Site), located in Greenville, Texas,
from the National Priorities List (NPL). The NPL, promulgated pursuant
to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended, is an
appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). This direct final deletion is being published
by EPA with the concurrence of the State of Texas, through the Texas
Commission on Environmental Quality (TCEQ), because EPA has determined
that all appropriate response actions under CERCLA, have been
completed. However, this deletion does not preclude future actions
under Superfund.
DATES: This direct final deletion is effective September 10, 2018
unless EPA receives adverse comments by August 27, 2018. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2008-0084, 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 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.
Email: [email protected].
Mail: Brian W. Mueller; U.S. Environmental Protection
Agency, Region 6; Superfund Division (6SF-RL); 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202-2733.
Hand delivery: U.S. Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733;
Contact: Brian W. Mueller (214) 665-7167. 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-
2008-0084. 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
[[Page 35556]]
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 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:
City of Greenville Municipal Bldg., 2821 Washington Street, Greenville,
TX 75401, Telephone Number: (903) 457-3130, Hours of Operation: Monday
thru Friday 8:00 a.m. to 5:00 p.m.
U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
1200, Dallas, TX 75202-2733, Telephone number: (800) 533-3508, Contact:
Brian W. Mueller: (214) 665-7167, Hours of operation: Monday thru
Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.
Texas Commission on Environmental Quality, Records Management Center,
Central File Room, Technical Park Center Bld. E, 1st Floor, Room 1003,
12100 Park 35 Circle, Austin, TX 78753, Telephone Numbers: (512) 239-
2900 and (800) 633-9363, Hours of operation: Monday thru Friday, 8:00
a.m. to 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Brian W. Mueller, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 6, 6SF-RL 1445
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-7167,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 6 is publishing this direct final Notice of Deletion of
the Old Esco Manufacturing (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 EPA promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of
1980, as amended. EPA maintains the NPL as the list of sites that
appear to present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). As described in
Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL remain
eligible for Fund-financed remedial 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 EPA is using
for this action. Section IV discusses the Old Esco Manufacturing
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State of Texas 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) 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 Texas Commission on
Environmental Quality, has concurred on the deletion of the Site from
the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper,
Greenville Herald Banner. 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, 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 EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Old Esco Manufacturing (``Old Esco'' or ``site'') Superfund
Site (CERCLIS ID TXD980573808) is located at 500 Forrester Street,
Greenville, Hunt County, Texas. The geographic coordinates of the Site
are Latitude 33.138732[deg] N and Longitude -96.075961[deg] W. The
facility, which is currently abandoned, is situated on a
[[Page 35557]]
4.7-acre tract of land owned by the City of Greenville.
The boundaries of the Site are surrounded by fencing. The Site is
bordered to the north by Forrester Street, to the east by a residential
area and vacant lot, to the south by the frontage road of Interstate 30
and a drainage pathway to Horse Creek and the Cowleech Fork of the
Sabine River, and to the west by a private lake. The Site consisted of
several attached buildings that form one main building (125 by 500
feet), a small shed (15 by 20 feet), and vacant land. A former soil and
gravel parking lot is located on the north and west sides of the
building.
Esco began operations at the Site in the late 1940s, leasing the
property and building, until approximately 1970, when the company
relocated to another property in Greenville, Texas. In 1983, Esco
purchased the Site and owned it until it defaulted for non-payment of
taxes in 2001. Esco manufactured electrical transformers and high
voltage switchgear for electrical distribution at the Site. Other
manufacturing operations at the Site included metal fabrication,
welding, grinding, sandblasting, silver electroplating, and painting.
Completed transformers from the facility were either shipped dry (i.e.,
empty of coolant) or were filled with polychlorinated biphenyl (PCB)
dielectric oil, depending on the requirements of the purchaser.
PCBs are mixtures of synthetic organic chemicals that were commonly
used for various applications from approximately 1929 until 1979. PCBs
were regulated under a series of EPA actions culminating with a ban in
1979 on manufacturing, processing, distribution, and use of PCBs under
the Toxic Substances Control Act (TSCA). Items such as transformers and
hydraulic fluids were identified as high-risk sources and were targeted
for accelerated phase-out.
In July 1980, the Texas Department of Water Resources (TDWR)
received a complaint about the historic disposal of transformer oil by
Esco on the property. The investigation by TDWR revealed the presence
of PCBs at concentrations of 760, 8,400, and 85,000 milligrams per
kilogram (mg/kg) in the soils. In April 1981, the TDWR recommended that
Esco conduct an extent-of-contamination survey within 180 days and
develop a removal plan that would eliminate the PCB-contaminated soil
from the Site. In 1990, Esco filed for Chapter 11 Bankruptcy without
conducting the cleanup. In 1991, the Chapter 11 bankruptcy was
converted to a Chapter 7 bankruptcy. In 2003, the (TCEQ) conducted a
Phase I & II Environmental Site Assessment, and installed one new
monitoring well and collected 23 surface and subsurface soil samples.
Chemical analysis of the surface soil samples indicated the presence of
the PCB, Aroclor-1260 in concentrations ranging from 0.338 to 2,390 mg/
kg. Chemical analysis of the subsurface soil samples indicated the
presence of Aroclor-1260 at a concentration of 12.2 mg/kg. Ground water
was encountered at approximately 10 to 15 feet below ground surface
(bgs). Chemical analysis of the ground water samples collected from two
monitoring wells indicated the presence of Aroclor-1260.
In 2004, the TCEQ formally referred the Site to EPA Region 6 for
assistance. From 2005 through 2007, EPA's removal program conducted
numerous field sampling and assessment activities at the Site and
adjacent properties to determine the extent of contamination and for
National Priorities List (NPL) Hazard Ranking System scoring purposes.
The Site was proposed to the NPL on March 19, 2008, (73 FR 14742). The
Site was added to the NPL as final on September 3, 2008, (73 FR 51368).
History of EPA CERCLA Removal Actions
EPA conducted two Time Critical Removal Actions which began in
August 2008 and September 2009, respectively. The purpose of these
Removal Actions was to investigate the PCB-contaminated soils in the
residential and other adjacent areas of the Site; and to eliminate the
imminent threat and substantial endangerment to public health or
welfare, or to the environment, posed by site-related contamination
associated with the Old Esco Manufacturing Site. Based on removal
assessment activities conducted by EPA, the Old Esco Manufacturing Site
and surrounding residential properties were found to contain elevated
levels of PCBs above the EPA Toxic Substances Control Act (TSCA)
screening level of 1 milligram per kilogram (mg/kg).
First Removal Action
The first of these two Removal Actions was completed in January
2009. This Removal Action included:
Removal of PCB-contaminated soils with a concentration
greater than 1.0 mg/kg from six adjacent residential properties and the
adjacent Texas Department of Transportation road right-of-way drainage
ditches located directly east of the Site.
Restoration of the six residential properties and roadside
ditches.
Transportation and disposal of 922 tons of soils in the
CSC Landfill in Avalon, Texas with concentrations of PCBs equal to or
greater than 50.0 mg/kg (TSCA soils) and 4,221 tons of soils in the
Maloy Landfill near Campbell, Texas with concentrations of PCBs less
than 50.0 mg/kg (Non-TSCA soils).
On-site consolidation and storage of approximately 4,000
cubic yards (yd\3\) of TSCA soils in the building.
Fencing of the perimeter of the Esco property.
Removal and disposal of 120 yd\3\ of asbestos-containing
materials from the on-site building in the Maloy Landfill.
Placement of ripple dams/storm water controls in drainage
pathways between residential properties and the Site to reduce the
potential for contaminated soil backflow onto clean areas during
flooding situations.
Placement of ripple dams at several locations on the Esco
drainage system to reduce off-site soil migration.
Second Removal Action
The second Removal Action was completed in December 2009. This
Removal Action included:
Removal of soils with concentrations of PCBs greater than
1.0 mg/kg from three residential properties and portions of the road
side drainage ditches along Fannin and Forrester Streets.
Restoration of the three residential properties and the
road side drainage ditches.
Transportation and disposal of approximately 3,194 tons of
soils in the Maloy Landfill with concentrations of PCBs less than 50.0
mg/kg (Non-TSCA soils).
Remedial Investigation and Feasibility Study (RI/FS)
In 2009, EPA's remedial program started and completed the off-site
Remedial Investigation (RI) and extent of contamination study by
collecting soil samples for PCB analysis from an additional 52
residential properties, and from Texas Department of Transportation
highway median and road right-of-way drainage ditches that had not been
previously sampled. The RI also included the collection of twelve co-
located water and sediment samples from Horse Creek and the Cowleech
Fork of the Sabine River, and the collection of ground water samples
for PCB analyses.
In 2010, EPA's remedial program completed the full RI/FS. Surface
and subsurface soil samples were collected from the on-site areas of
the Site to determine the nature and extent of contamination. Sampling
results
[[Page 35558]]
showed that soils as deep as 10.0 feet below ground surface were
impacted by PCBs and required remediation. TSCA PCB regulations applied
to the Site because surface and subsurface soils were contaminated by
PCBs. The concentrations of PCBs required that the contaminated soils
be managed as non-TSCA (i.e., concentration less than 50.0 mg/l total
PCBs) or TSCA wastes (i.e., concentration equal to or greater than 50.0
mg/kg total PCBs).
Ground water samples were collected from the on-site monitoring
wells to determine the nature and extent of contamination in the ground
water underlying the Site. The primary ground water contaminants were
PCBs and the extent of ground water impact was limited. A total of nine
monitoring wells were installed on the Site. Five were installed and
sampled prior to the Site being listed on the NPL. In 2003 the wells
were sampled and the results indicated that the PCB Aroclor-1260 was
present in the ground water in two monitoring wells at concentrations
ranging from 9.26 to 0.379 micrograms per liter ([micro]g/L). In 2009
the wells were resampled and the same two wells reported PCB results of
1.1 and 1.5 [micro]g/L, both above the Maximum Contaminant Level (MCL)
of 0.5 [micro]g/L.
In 2010, four additional wells were installed by EPA's contractor.
Nine ground water samples were collected for PCB analysis in 2010. The
ground water chemical analytical data collected indicated that only
Aroclor-1260 was detected in four wells ranging from 0.04 to 0.46
[micro]g/L, which were below the MCL of 0.5 [micro]g/L.
Surface water samples were collected from Horse Creek and the
Cowleech Fork of the Sabine River to determine the nature and extent of
surface water contamination. No Aroclors were detected at the
appropriate detection limits and no further action was recommended for
surface water.
Sediment data were collected from Horse Creek and the Cowleech Fork
of the Sabine River to determine the nature and extent of sediment
contamination. Although the maximum sediment concentrations for
Aroclor-1268 and Aroclor-1260 were above the screening benchmark for
sediments, the screening level ecological risk assessment findings
indicated that no further action was required for sediments.
Remedial Action Objectives
The Remedial Action Objectives to be achieved by the Site Remedy
were:
Prevent direct dermal contact, incidental ingestion and
inhalation of fugitive dust from PCB-contaminated soils,
Prevent off-site migration of PCB-contaminated soils to
Horse Creek or the Cowleech Fork of the Sabine River,
Prevent exposure to Site soils that may pose a risk to
ecological receptors, and
Ensure that current and future receptors were not exposed
to ground water that could possibly be contaminated with PCBs above the
federal MCL of 0.5 [micro]g/L.
Remedial Action Goals
The excavation, on-site treatment, and off-site disposal of the
soils with a concentration of total PCBs greater than 1.0 mg/kg would
allow the Site to be developed for reuse (i.e., residential and/or
recreational and commercial and/or industrial land use). The
remediation goal for total PCBs for the Site was 1.0 mg/kg.
Selected Remedy
The selected remedy for the Site, as described in the original 2010
Record of Decision (ROD), was Soil Excavation and Treatment with Off-
site Disposal for Residential and/or Recreational Land Use, and
included the following major components:
Soil Excavation, Treatment, and Disposal Components:
Approximately 5,200 and 16,250 yd\3\ of TSCA and non-TSCA soils,
respectively, with a concentration of total PCBs greater than 1.0
milligrams per kilogram (mg/kg) were to be excavated and transported
off-site to a permitted waste disposal facility. Soils were to be
excavated to a maximum depth of 15.0 bgs, consistent with the State's
requirements. Soils with a concentration of total PCBs equal to or
greater than 50.0 mg/kg were to be disposed of at a TSCA-permitted
landfill. Soils with a concentration of total PCBs greater than 1.0 mg/
kg and less than 50.0 mg/kg were to be disposed of at a non-TSCA
landfill. Approximately 1,850 yd\3\ of soils with a concentration of
total PCBs greater than 100.0 mg/kg, constituting principal threat
wastes, were to be treated on-site by solidification or stabilization
techniques prior to disposal. Approximately 4,000 yd\3\ of TSCA soils,
with a concentration of total PCBs less than 100.0 mg/kg, staged in the
existing building from EPA's first removal action, were also to be
transported off-site for disposal. Excavated areas were to be
backfilled with clean off-site soils and the Site was to be graded to
drain and not pond water. The existing building and its foundation were
to be demolished and also transported off-site for disposal.
Institutional Controls Component--Institutional Controls
(ICs), in the form of deed restrictions, were to be implemented to
prevent exposure of human receptors to contaminated ground water.
Ground Water Monitoring Component--Ground water monitoring
was to be conducted annually for a minimum period of five years to
evaluate the protectiveness of the Selected Remedy. Ground water
monitoring was to be discontinued if the concentration of total PCBs in
the ground water did not exceed the federal MCL of 0.5 [micro]g/L for
three consecutive monitoring periods. The additional data collected
during the annual monitoring events was to be used to confirm previous
PCB data and further evaluate trends over time. The additional
monitoring data was to also allow decisions to be made in the future
regarding ground water impacts and evaluation of risks to human health,
the need for additional monitoring, whether to continue maintaining
ICs, and whether any additional actions would be needed to protect
human health and the environment. These decisions were to be made
during the first five-year review report for the Site.
Operations and Maintenance Component--Operations and
maintenance was to involve the ground water component of the remedy to
ensure that the remedy performed as intended.
Five-Year Review Component--Because this alternative would
result in hazardous substances (i.e., PCBs) remaining on-site in the
ground water, possibly above levels that allow for unlimited use and
unrestricted exposure, a statutory review was to be conducted no less
often than every five years after initiation of the RA to ensure that
the remedy was, or will continue to be, protective of human health and
the environment. Five-year reviews were to be discontinued if the
ground water monitoring data indicate that the concentration of total
PCBs did not exceed the federal MCL of 0.5 [micro]g/L for three
consecutive monitoring periods.
Third Removal Action
On May 4, 2011, EPA signed a Third Action Memorandum, which
documented the continuation of the Time Critical Removal Action and
approval of the Consistency Exemption for the Site. The Consistency
Exemption documented that the continued response actions were
appropriate and consistent with the 2010 ROD selected remedy and
remedial actions.
The Third Removal Action was completed with issuance of the final
Pollution Report #10 on September 30, 2011. Between May 24 and
September
[[Page 35559]]
12, 2011, all PCB-contaminated soils were excavated and transported
off-site to permitted disposal facilities, and the existing building
and foundation was demolished and also transported off-site for
disposal. A total of 28,288 tons of Non-TSCA soils, 24,137 tons of TSCA
PCB-contaminated soils, 343 tons of construction debris, and 1,455 tons
of non-TSCA PCB-contaminated Class II concrete were transported off-
site for disposal. The TSCA soils were disposed of at the CSC Landfill
and the non-TSCA soils, construction debris, and non-TSCA PCB Class II
concrete were disposed of at the Maloy Landfill. Following confirmation
that all PCB-contaminated had been removed, excavated areas were
backfilled with approximately 60,000 yd \3\ of clean off-site soils and
the Site was graded so that it would drain and prevent the formation of
standing water.
No Further Action Is Necessary Record of Decision Amendment and
Explanation of Significant Differences (2011)
The No Further Action is Necessary Record of Decision Amendment and
Explanation of Significant Differences (ROD Amendment) was signed on
September 28, 2011. The ROD Amendment was prepared to document EPA's
implementation and completion of the post-ROD Third Removal Action for
the PCB-contaminated soils at the Site. The completion of the soil
clean up, which utilized the selected remedy in the original 2010 ROD,
eliminated the need to conduct further soil remedial actions at the
Site. The Explanation of Significant Differences (ESD) portion of the
ROD Amendment presented the details of non-significant or minor changes
to the July 2011 Proposed Plan. After the 2011 Proposed Plan was
proposed to the public, but before the ROD Amendment was finalized, EPA
received the 2011 annual ground water monitoring data, which showed
that all concentrations for total PCBs did not exceed the federal MCL
of 0.5 [micro]g/L. As a result, EPA determined that changes to the 2011
Proposed Plan were necessary, and the ESD documented those changes. The
changes would not have a significant impact on the scope, performance
or cost of the remedy.
The 2011 Proposed Plan stated that ground water monitoring
was to be conducted annually for a minimum of five years to evaluate
the protectiveness of the proposed remedy. Ground water monitoring was
to be discontinued if the concentration of total PCBs in ground water
did not exceed the federal MCL of 0.5 ug/l for three consecutive
monitoring periods. The ESD added to the Ground Water Monitoring
Component that PCB concentrations had already been below the MCL for
two (2010 and 2011) consecutive monitoring periods and that if the PCB
levels were below the MCL in the third round of ground water sampling
scheduled for 2012, ground water monitoring would be discontinued.
Institutional controls in the form of deed restrictions
were to be implemented to prevent exposure of human receptors to
contaminated ground water. The ESD stated that these institutional
controls would not be implemented at the Site because the 2010 and 2011
monitoring results for PCBs were below the MCL.
The ESD eliminated the Operations and Maintenance of the
ground water component of the remedy after ground water monitoring was
to be discontinued.
Five-Year Reviews would be discontinued if the ground
water data indicated that the concentration of total PCBs did not
exceed the federal MCL of 0.5 [micro]g/L.
Cleanup Levels
Soils
As stated above, during the Third Removal Action all PCB-
contaminated soils were excavated and transported off-site to permitted
disposal facilities. The Removal Action was completed by September
2011. After the Removal Action was completed, EPA collected post-
construction confirmation soil samples from the bottom of the 52
excavated grids to verify that all PCB-contaminated soils above the
total PCB cleanup level of 1.00 mg/kg had been removed. All soil
samples were reported below the 1.00 mg/kg cleanup level.
Ground Water
EPA conducted three consecutive annual (2010, 2011, and 2012)
ground water sampling events, and all laboratory total PCB results were
below the MCL level of 0.5 [mu]g/L. Ground water monitoring has been
discontinued and the nine ground water monitoring wells were plugged
and properly abandoned in 2012. Although a requirement for Five-Year
Reviews was included in the decision documents, Five-Year Reviews were
not conducted and are no longer required because the ground water data
indicated that the concentration of total PCBs did not exceed the
federal MCL of 0.5 [mu]g/L and the Site met unlimited use/unrestricted
exposure criteria for the soils and groundwater.
Quality Assurance and Quality Control (QA/QC)
The QA/QC program for the Third Removal Action was conducted in
accordance with the Site Removal QA/QC Work Plan prepared by the EPA
Superfund Technical Assessment and Response Team (START) contractor and
the EPA Emergency and Rapid Response Services (ERRS) contractor. The
START contractor was responsible for post-excavation confirmation, soil
sample collection, and coordination of sample analyses performed by
either the EPA Houston Laboratory or a commercial laboratory selected
by the START contractor. All sample results were either validated by
the EPA Houston Laboratory or by a START representative.
The cleanup activities met all QA/QC requirements for the Site. The
EPA Remedial Project Manager (RPM) conducted daily oversight throughout
the Removal Action activities. During the Removal Action the TCEQ
Project Manager conducted routine inspections and was in regular
contact with the RPM. The TCEQ Project Manager conducted two site
visits to verify that construction was complete.
Community Involvement
Public participation activities have satisfied the requirements of
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42
U.S.C. 9617. Throughout the Site's history, the community has been
interested and involved with Site activities. EPA has kept the
community and other interested parties updated on Site activities
through informational meetings, fact sheets, and public meetings.
Documents in the deletion docket which EPA relied on for recommendation
for the deletion from the NPL are available to the public in the
information repositories, and a notice of availability of the Notice of
Intent for Deletion has been published in the Greenville Herald Banner.
Determination That the Site Meets the Criteria for Deletion in the NCP
The implemented remedy achieves the degree of cleanup specified in
the ROD and ROD Amendment for all pathways of exposure. All selected
remedial action objectives and clean-up goals are consistent with
agency policy and guidance. No further Superfund responses are needed
to protect human health and the environment at the Site.
In accordance with 40 CFR 300.425(e), sites may be deleted from the
NPL where no further response is appropriate.
[[Page 35560]]
V. Deletion Action
The EPA, with concurrence of the State of Texas through the Texas
Commission on Environment Quality, has determined that all appropriate
response actions under CERCLA, have been completed. Therefore, EPA is
deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective September 10, 2018 unless EPA receives adverse comments by
August 27, 2018. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: July 19, 2018.
Arturo Blanco,
Acting Regional Administrator, Region 6.
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(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.
Appendix B to Part 300--[Amended]
0
2. Table 1 of Appendix B to part 300 is amended in the table by
removing the entry for ``TX, Old Esco Manufacturing, Greenville''.
[FR Doc. 2018-16119 Filed 7-26-18; 8:45 am]
BILLING CODE 6560-50-P