National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Escambia Wood-Pensacola Superfund Site, 35059-35063 [2019-15420]
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Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / Proposed Rules
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evaluation determined that the initially
low concentrations observed at the Site
had declined over time due to
attenuation and the in-situ reductive
processes employed in the remediation.
Groundwater MCLs for the 3 VOCs are
met. The potential for vapor intrusion
issues was also evaluated using the most
conservative (95th percentile) and
median attenuation factors for soil
types. Allowable groundwater
concentrations were back-calculated
from USEPA indoor air Regional
Screening Levels, the indicated
attenuation factors, and Henry’s Law
Constants. All detections of
perchloroethylene and 1,1 DCE in the
most recent data were below the
allowable groundwater concentrations
calculated using the most conservative
attenuation factors. The most recent
TCE groundwater concentrations were
an order of magnitude below with the
allowable concentrations derived from
the median attenuation factors for
depths of greater than 5 meters which
corresponds with Site groundwater
depths (approximately 30 ft bgs).
Additionally, all VOC detections were
from wells screened below the middle
clay layer which provides a barrier to
vertical vapor migration or adjacent to
the Congaree Land Trust where
development would be prohibited.
There is no vapor intrusion pathway of
concern at the Site.
The monitoring wells located on and
around the Site are regularly sampled at
designated quarterly or semi-annual
intervals. Groundwater sampling at
monitoring wells will continue until all
the remedial goals for all contaminants
are achieved at the three remaining
monitoring wells that have not yet
attained Site cleanup standards. Future
groundwater restoration activities may
include additional subsurface injections
of ferrous sulfate and a blend of fatty
acids to address chromium MCL
exceedances in the intermediate aquifer
below the 1C clay in the vicinity of
monitoring wells IMW–01B, MW–128,
and OW–143.
Institutional Controls (ICs)
The 2007 ESD required ICs over the
39.79 acres portion of the Site on the
western side of Spears Creek Church
Road including parcel 28800–01–03 and
a portion of parcel 28800–01–22. The
restrictions limit soil and groundwater
use and restrict the property use to
commercial, industrial or light
industrial uses. Groundwater use is
prohibited for potable, irrigation or
other uses except with express written
consent of Textron, Inc. This was
implemented in a Declaration of
Covenants and Restrictions recorded on
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Deeds recorded at the Richland County
Register of Deeds on February 9, 2007 in
Instrument #2007011804. The ICs are
recorded on the deed, are transmitted to
successors, and are verified during the
five-year Review process.
Five-Year Review
Previous five-year reviews were
conducted because hazardous
substances remained on Site above
levels which allowed for Unlimited
Use/Unrestricted Exposure and the Site
groundwater had not attained all
cleanup levels contemplated in the
Record of Decision (ROD) and
subsequent Explanation of Significant
Difference (ESD). Five year Reviews will
no longer be conducted at the portions
of the Site deleted from the NPL which
achieved Unrestricted Use/Unlimited
Exposure (UU/UV). Five-year reviews
will continue to be conducted for that
portion of the Site designated for
industrial and commercial uses. A
39.79-acre portion of the Site including
parcel 28800–01–03 and a portion of
parcel 28800–01–22 meets clean up
criteria, but has Institutional Controls,
requires five-year reviews and does not
meet Unlimited Use/Unrestricted
Exposure criteria. Five-year reviews will
continue for that portion of the
groundwater of the Site still on the NPL.
The last five-year Review was
completed in July 2015 and found the
remedy protective of human health and
the environment. There were no Issues
or Recommendations in the Five-Year
Review. The next Five-Year Review is
scheduled to be completed in July 2020.
Community Involvement
On June 12, 1991, April 14, 1992,
August 23, 2001, and June 6, 2006, EPA,
SC DHEC, and Textron representatives
conducted public availability sessions
for RI/FS kickoff, the interim
groundwater remedy ROD, and two
Explanation of Significant Difference
proposals addressing groundwater. On
August 31, 1993 and September 17,
1996, EPA, DHEC, and Textron
representatives conducted proposed
plan meetings. EPA conducted
community interviews during December
10–13, 1991, prior to the Site National
Priority Listing. EPA and DHEC
conducted community interviews for
the three Five-Year reviews in 2005,
2010, and 2015.
Determination That the Criteria for
Deletion Have Been Met
The EPA has followed procedures
required by 40 CFR 300.425(e) regarding
requirements for deletions. EPA
consulted with the State of South
Carolina through the SC DHEC. South
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35059
Carolina issued a May 12, 2017,
concurrence letter indicating its
agreement with today’s proposed action.
The implemented remedy achieves
the degree of cleanup or protection
specified in the ROD and ESD for the
areas proposed for deletion. The
selected remedial and removal action
objectives and associated cleanup levels
for the areas proposed for deletion are
consistent with agency policy and
guidance. No further Superfund
response in the areas proposed for
deletion are needed to protect human
health and the environment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(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, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019–15419 Filed 7–19–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1994–0001; FRL–9996–
74–Region 4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Escambia Wood—
Pensacola Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is issuing a
Notice of Intent to Delete 50 acres of the
Escambia Wood—Pensacola Superfund
Site (Site) located in Pensacola, Florida,
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 State of Florida, through the Florida
SUMMARY:
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Department of Environmental Protection
(FDEP), have determined that all
appropriate response actions at these
identified parcels under CERCLA, other
than operation and maintenance and
five-year reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This partial deletion pertains to 50
acres of former residential property in
the former neighborhoods of Oak Park,
Escambia Arms, Herman & Pearl and
Clarinda Triangle, part of Operable Unit
One (soils). The remaining areas of
Operable Unit One (about 50 acres) and
Operable Unit Two (groundwater) will
remain on the NPL and are not being
considered for deletion as part of this
action.
Comments must be received by
August 21, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1994–0001, 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: Erik Spalvins at
spalvins.erik@epa.gov or LaTonya
Spencer at Spencer.LaTonya@epa.gov.
• Mail: Erik Spalvins, US EPA Region
4—Superfund & Emergency
Management Divison, 61 Forsyth Street
SW, Atlanta, Georgia 30303.
• Hand delivery: US EPA Region 4,
Superfund & Emergency Management
Divison Records Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
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DATES:
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special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1994–
0001. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means The EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
US EPA Region 4, Superfund &
Emergency Management Divison
Records Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303. (800) 435–9234
Hours of operation: Monday–Friday 8
a.m. to 4:30 p.m.
West Florida Genealogy Branch
Library, 5740 N Ninth Ave., Pensacola,
Florida 32504. (850) 494–7373 Hours of
operation: Tuesday–Saturday 10 a.m. to
6 p.m.
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Erik
Spalvins, Remedial Project Manager,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
GA 30303, (404) 562–8938, email:
spalvins.erik@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
The EPA announces its intent to
delete 50 acres of former residential
property (in the former neighborhoods
of Oak Park, Escambia Arms, Herman &
Pearl and Clarinda Triangle) from
Operable Unit One (soils) of the
Escambia Wood—Pensacola Superfund
Site (Site), from the National Priorities
List (NPL) and request public comment
on this proposed action. The NPL
constitutes Appendix B of 40 CFR part
300 which is the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP), which 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 those 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). This partial deletion of the
Escambia Wood—Pensacola Site is
proposed in accordance with 40 CFR
300.425(e) and is consistent with the
Notice of Policy Change: Partial
Deletion of Sites Listed on the National
Priorities List. 60 FR 55466 (Nov. 1,
1995). As described in 300.425(e)(3) of
the NCP, a portion of a site deleted from
the NPL remains eligible for Fundfinanced remedial action if future
conditions warrant such actions.
EPA will accept comments on the
proposal to partially 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 50 acres of
former residential property in the
former neighborhoods of Oak Park,
Escambia Arms, Herman & Pearl and
Clarinda Triangle, part of Operable Unit
One of the Escambia Wood—Pensacola
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 to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. The EPA
conducts such five-year reviews even if
a site is deleted from the NPL. The EPA
may initiate further action to ensure
continued protectiveness at a deleted
site if new information becomes
available that indicates it is appropriate.
Whenever there is a significant release
from a site deleted from the NPL, the
deleted site may be restored to the NPL
without application of the hazard
ranking system.
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III. Deletion Procedures
The following procedures apply to
deletion of these 50 acres from Operable
Unit One of the Site:
(1) EPA consulted with the State
before developing this Notice of Intent
for Partial Deletion.
(2) 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 of Florida, through the
Florida Department of Environmental
Protection, has concurred with the
deletion of the 50 acres of parcels from
Operable Unit One (soils) of the
Escambia Wood—Pensacola Superfund
Site, from the NPL.
(5) Concurrently, with the publication
of this Notice of Intent for Partial
Deletion in the Federal Register, a
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notice is being published in a major
local newspaper, the Pensacola News
Journal. The newspaper announces the
30-day public comment period
concerning the Notice of Intent for
Partial Deletion of the Site from the
NPL.
(6) EPA placed copies of documents
supporting the proposed partial deletion
in the deletion docket, made these items
available for public inspection, and
copying at the Site information
repositories identified above.
If comments are received within the
30-day comment period on this
document, the EPA will evaluate and
respond accordingly to the comments
before making a final decision to delete
the 50 acres of parcels from Operable
Unit One. 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 50
acres of parcels from Operable Unit One
of the Escambia Wood—Pensacola
Superfund Site, the Regional
Administrator will publish a final
Notice of Partial 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 included in the site
information repositories listed above.
Deletion of a portion of a site from the
NPL does not itself create, alter, or
revoke any individual’s rights or
obligations. Deletion of a portion 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 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 Intended Partial Site
Deletion
The following information provides
the EPA’s rationale for deleting the 50
acres of parcels from Operable Unit One
(soils) of the Escambia Wood—
Pensacola Superfund Site from the NPL:
The Site (CERCLIS ID:
FLD008168346) is located in the City of
Pensacola in Escambia County, Florida.
The Site consists of a former woodtreating facility (about 30 acres) and
about 70 acres of former residential
neighborhoods, which were acquired by
the EPA. The street address of the
former facility is 3910 North Palafox
Street. The former residential areas
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include most of the Rosewood Terrace,
Oak Park, Escambia Arms, Herman &
Pearl and Clarinda Triangle
neighborhoods. From 1942 to 1982, the
facility treated wood with creosote and
pentachlorophenol, which resulted in
contamination of soil and groundwater
with creosote, pentachlorophenol, and
dioxins. The facility was abandoned in
1991. From October 1991 into 1992, the
EPA conducted a removal action to
address three surface impoundments, to
stop immediate exposure, and to
stabilize the Site. The EPA excavated
about 225,000 cubic yards of
contaminated materials and secured it
under a heavy-duty geomembrane cover.
The EPA completed the removal action
in 1992. The EPA proposed the Site to
the NPL on August 23, 1994 (59 FR
43314) and the Site was added (final) on
the NPL on December 16, 1994 (59 FR
65206). The EPA manages the soils at
the Site as Operable Unit One and
manages the groundwater as Operable
Unit Two. Operable Unit One consists
of the relocated residential properties
and the former facility and encompasses
more than 100 acres. The partial
deletion consists of the 50 or so acres of
residential properties acquired by the
EPA in the Oak Park, Escambia Arms,
Herman & Pearl and Clarinda Triangle
neighborhoods.
Interim Remedial Action
EPA’s first Remedial Action was an
Interim Remedial Action of voluntary
residential relocation. In June 1995, the
EPA selected the Site for the EPA’s
National Relocation Evaluation Pilot.
The Pilot explored the use of permanent
relocations under CERCLA. The EPA
selected relocation as an interim
remedial action in a February 12, 1997
Interim Record of Decision. From 1997
to 2001, over 350 households and over
500 people were successfully relocated
from the Rosewood Terrace, Oak Park,
Escambia Arms and Herman & Pearl
neighborhoods to comparable
replacement housing in and around
Pensacola. The February 13, 2006
Record of Decision (ROD) added the
Clarinda Triangle neighborhood to the
Interim remedy. The Clarinda Triangle
relocation began in December 2006, was
finished in August 2008, and included
38 properties. From 1997 to 2008, more
than 400 households were successfully
relocated as part of the Interim
Remedial Action.
Remedial Investigation
The Remedial Investigation found risk
from contaminated soil for current and
future users of the Site. The Feasibility
Study evaluated off-site disposal and
on-site disposal of contaminated soil
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with different treatment options for both
low-level and principal threat wastes.
Site soils were found to be
contaminated with dioxins, furans,
pentachlorophenol, a variety of
polynuclear aromatics and methyl
napthalenes, arsenic and lead. Site soils
posed an unacceptable human health
risk through exposure to dermal contact,
ingestion, and inhalation of soils. The
future anticipated land use is
commercial and industrial and was
developed through a master planning
process by the community, local
governments and the State. Cleanup
concentrations were developed to be
protective to human health and are
based on the future anticipated land
use.
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Selected Remedy
EPA issued the final Operable Unit
One ROD in 2006, selecting excavation
and on-site disposal in a containment
cell, treatment of principal threat waste
by solidification/stabilization,
monitoring and institutional controls to
restrict future use of the Site. The
Remedial Action Objectives were: (1)
Prevent ingestion, inhalation, or direct
contact with surface soil that contains
concentrations of contaminants in
excess of the remedial cleanup goals; (2)
Control migration and leaching of
contaminants in surface and subsurface
soil to ground water that could result in
ground water contamination in excess of
EPA drinking water standards
(Maximum Contaminant Levels); (3)
Prevent ingestion or inhalation of soil
particulates that contain contaminant
concentrations in excess of remedial
cleanup goals; and, (4) Control future
releases of contaminants to ensure
protection of human health and the
environment. In 2012, the EPA issued
an Explanation of Significant
Differences to update the 2006 Final
ROD’s soil cleanup goals to reflect the
appropriate level of protectiveness for
potential exposure pathways at the Site
and to change construction
requirements in the ROD that were overspecific and found to be impractical
once construction was underway.
The 2006 ROD included an 18-acre
containment cell on the former facility
and on the former Rosewood Terrace
Neighborhood, bounded by Hickory
Street to the North. The area for the
partial deletion does not include the
former facility or the former Rosewood
Terrace neighborhood. The proposed
partial deletion consists of the 50 acres
of former residential property in the
former neighborhoods of Oak Park,
Escambia Arms, Herman & Pearl and
Clarinda Triangle.
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Response Action
The Interim Remedial Action was
designed and implemented by the EPA
and the United States Army Corps of
Engineers (USACE) via an Interagency
Agreement. The USACE conducted the
purchase of properties and relocation of
residents in accordance with the
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of
1970.
The Final Remedial Action for
Operable Unit One began in September
2007. The EPA contractor excavated and
stockpiled contaminated soil and debris
on site. The EPA also collected
confirmation samples from the floors
and sidewalls of excavations and
continued excavating soil if
confirmation samples exceeded cleanup
goals. This process was repeated until
cleanup goals were no longer exceeded.
The contractor constructed an 18-acre
containment cell with about 20 feet of
compacted contaminated soil and 2 to 3
feet of cement-stabilized soil. Once
filled, the cell was capped with a
composite liner, overlaid by a drainage
system, and covered with at least 6 feet
of clean fill soil. Excavation areas were
limed, fertilized and seeded to prevent
wind and water erosion. The final cell
contains about 527,000 cubic yards of
contaminated soil, debris and
solidification/stabilization-treated soil.
The State of Florida began the
Operations & Maintenance phase of the
Operable Unit One Interim Remedial
Action and most of the Operable Unit
One Final Remedial Action on March 1,
2013.
Cleanup Levels
On March 5, 2012, the EPA issued an
ESD to update the 2006 Final ROD’s soil
cleanup goals to reflect the appropriate
level of protectiveness for potential
exposure pathways at the Site and to
change construction requirements in the
ROD that were over-specific and found
to be impractical once construction was
underway. The 2006 Final ROD cleanup
goals were updated because they were
not developed for all potential pathways
for all contaminants (some cleanup
levels were solely leaching-based, some
were solely direct exposure-based) and
the Summers model used for the
leaching-based cleanup levels resulted
in cleanup goals that were overly
conservative. The 2012 ESD established
cleanup goals for all COCs based on
both the direct exposure and leachingbased groundwater protection pathways.
They also replaced the Summers modelderived cleanup goals with updated
site-specific cleanup goals for
groundwater protection.
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The completion of Remedial Actions
was documented in three reports and
documented in a Superfund Remedial
Action Completion memorandum
signed on July 30, 2018 (Superfund
Enterprise Management System (SEMS)
document identification number
11106221). The reports and the
memorandum are available in the
deletion docket and they describe the
cleanup techniques, cleanup
concentrations for COCs, confirmation
testing results, and QA/QC
methodologies. The interim action is
documented in a Remedial Action
Report approved on September 30, 2009
(SEMS number 11096422). The final
action, excluding the dewatering phase
of the containment cell construction, is
documented in an Interim Remedial
Action Report approved on September
30, 2010 (SEMS number 11096426). The
last component of the final action was
the dewatering phase of the remedial
action construction and is documented
in a Remedial Action Report Addendum
(Leachate) (SEMS number 11106220)
and approved by Superfund Remedial
Action Completion memorandum
signed on July 30, 2018.
Operation and Maintenance
The Site’s 2012 Operable Unit One
O&M Plan requires the following
activities: (1) Semi-annual inspections
of the containment cell, the subsurface
water drainage system, the soil cover,
the Operable Unit One remedy
verification groundwater monitoring
wells, the surface water management
system and site security features; (2)
Groundwater elevation monitoring in
Operable Unit One remedy verification
monitoring wells, annual sampling of
Operable Unit One remedy verification
groundwater monitoring wells, leachate
removal, sampling and monitoring, and
settlement monitoring for buildings
constructed on the containment cell;
and (3) Preventative maintenance for the
vegetative cover, erosion and grading,
and stormwater management system.
The State of Florida is responsible for
the Operations and Maintenance
activities at the Site.
Institutional Controls
Restrictive covenants are in place on
the 50 or so acres that are proposed for
partial deletion. The restrictions limit
use of property to commercial,
industrial, or manufacturing purposes,
except that the property shall not be
used for any business involving
temporary or permanent housing of
individuals. The instrument is a 2013
Declaration of Restrictive Covenants,
Escambia County Instrument Number
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Federal Register / Vol. 84, No. 140 / Monday, July 22, 2019 / Proposed Rules
2014029669, recorded in Official Record
Book 7164 at Pages 358–388.
Five Year Reviews
EPA conducts reviews every five
years to determine if remedies are
functioning as intended and if they
continue to be protective of human
health and the environment. Because
contaminants remain in Site soil above
levels that would allow for unlimited
use and unrestricted exposure, the EPA
will continue to conduct five-year
reviews, as required by statute. The EPA
issued the Fourth statutory Five-Year
Review Report on September 27, 2017,
and concluded that the remedy at the
Site is functioning as intended and is
protective of human health and the
environment in the short-term (SEMS
number 11070132). There were three
issues and recommendations that do not
change the protectiveness of the
remedy. The issues are related to:
Institutional controls on the former
facility parcels; leaching-based cleanup
levels on the former facility parcels; and
preventing uses not allowed by
restrictive covenants. Two of the
unresolved issues identified in the FiveYear Review are limited to the former
facility portion of the site, which is not
included in this proposed partial
deletion. The third recommendation is
to prevent uses not allowed by
restrictive covenants, which is being
implemented by the local government.
The EPA will conduct the next FiveYear Review in 2022.
jbell on DSK3GLQ082PROD with PROPOSALS
Community Involvement
The EPA held numerous community
meetings before and during the
residential relocation and the soil
cleanup. The EPA issued fact sheets and
maintained a public website during
remedial construction. The EPA
provided Site tours during cleanup to
local government staff, elected officials,
and the community’s Technical
Advisor, provided through an EPA
Technical Advisor Grant. After the
cleanup was complete, the EPA released
reuse fact sheets and met with local
government to facilitate redevelopment
planning.
Determination That the Criteria for
Deletion Have Been Met
The EPA has followed all procedures
required by 40 CFR 300.425(e), Partial
Deletion from the NPL. The EPA
consulted with the State of Florida prior
to developing this Notice. The EPA
determined that both the EPA and FDEP
have conducted all appropriate response
actions required and that no further
response action for this portion of the
Site is appropriate. The EPA is
VerDate Sep<11>2014
15:59 Jul 19, 2019
Jkt 247001
publishing a notice in a major local
newspaper, The Pensacola News
Journal, of its intent to partially delete
the Site and how to submit comments.
The EPA placed copies of documents
supporting the proposed partial deletion
in the Site information repository; these
documents are available for public
inspection and copying.
The implemented Operable Unit One
remedy achieved the degree of cleanup
and protection specified in the ROD.
The selected remedial action objectives
and associated cleanup levels for the
surface soil are consistent with agency
policy and guidance. Based on
information currently available to the
EPA, no further Superfund response in
the area proposed for deletion is needed
to protect human health and the
environment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(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 26, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019–15420 Filed 7–19–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 76
[MB Docket No. 19–177; FCC 19–54]
Review of EEO Compliance and
Enforcement in Broadcast and
Multichannel Video Programming
Industries
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
This Proposed Rule seeks
comment on how the Commission can
make improvements to equal
employment opportunity (EEO)
compliance and enforcement and
responds to issues raised in comments
filed in a recent proceeding to eliminate
the obligation to file the Broadcast Midterm Report (FCC Form 397). In that
proceeding, the Commission committed
to seek comment on these issues.
SUMMARY:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
35063
Comments Due: August 21, 2019.
Replies Due: September 5, 2019.
ADDRESSES: Interested parties may
submit comments and replies, identified
by MB Docket No. 19–177, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Website: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although the Commission continues to
experience delays in receiving U.S.
Postal Service mail). All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
For more detailed filing instructions,
see the Procedural Matters section
below.
FOR FURTHER INFORMATION CONTACT:
Radhika Karmarkar, Industry Analysis
Division, Media Bureau,
Radhika.Karmarkar@fcc.gov, (202) 418–
1523.
SUPPLEMENTARY INFORMATION: This
Proposed Rule in MB Docket No. 19–
177 was adopted June 12, 2018, and
released June 21, 2018. The full text of
this document is available for public
inspection during regular business
hours in the FCC Reference Center, 445
12th Street SW, Room CY–A257,
Washington, DC 20554, or online at
https://docs.fcc.gov/public/
attachments/FCC-18-179A1.pdf. To
request this document in accessible
formats for people with disabilities (e.g.,
Braille, large print, electronic files,
audio format, etc.) or to request
reasonable accommodations (e.g.,
accessible format documents, sign
language interpreters, CART, etc.), send
an email to fcc504@fcc.gov or call the
FCC’s Consumer and Governmental
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
DATES:
Synopsis
1. Background. The Commission has
administered regulations governing the
EEO responsibilities of broadcast
licensees since 1969, and of cable
television operators since 1972. The
Commission’s EEO rules prohibit
discrimination on the basis of race,
color, religion, national origin or sex
(and for Multichannel Video
Programming Distributors, or MVPDs,
also age), and require broadcasters and
MVPDs to provide equal employment
opportunities. In addition to these broad
E:\FR\FM\22JYP1.SGM
22JYP1
Agencies
[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Proposed Rules]
[Pages 35059-35063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15420]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1994-0001; FRL-9996-74-Region 4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Escambia Wood--
Pensacola Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing
a Notice of Intent to Delete 50 acres of the Escambia Wood--Pensacola
Superfund Site (Site) located in Pensacola, Florida, 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
State of Florida, through the Florida
[[Page 35060]]
Department of Environmental Protection (FDEP), have determined that all
appropriate response actions at these identified parcels under CERCLA,
other than operation and maintenance and five-year reviews, have been
completed. However, this deletion does not preclude future actions
under Superfund.
This partial deletion pertains to 50 acres of former residential
property in the former neighborhoods of Oak Park, Escambia Arms, Herman
& Pearl and Clarinda Triangle, part of Operable Unit One (soils). The
remaining areas of Operable Unit One (about 50 acres) and Operable Unit
Two (groundwater) will remain on the NPL and are not being considered
for deletion as part of this action.
DATES: Comments must be received by August 21, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1994-0001, 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: Erik Spalvins at [email protected] or LaTonya
Spencer at [email protected].
Mail: Erik Spalvins, US EPA Region 4--Superfund &
Emergency Management Divison, 61 Forsyth Street SW, Atlanta, Georgia
30303.
Hand delivery: US EPA Region 4, Superfund & Emergency
Management Divison Records Center, 61 Forsyth Street SW, Atlanta,
Georgia 30303. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1994-0001. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov website is
an ``anonymous access'' system, which means The EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
US EPA Region 4, Superfund & Emergency Management Divison Records
Center, 61 Forsyth Street SW, Atlanta, Georgia 30303. (800) 435-9234
Hours of operation: Monday-Friday 8 a.m. to 4:30 p.m.
West Florida Genealogy Branch Library, 5740 N Ninth Ave.,
Pensacola, Florida 32504. (850) 494-7373 Hours of operation: Tuesday-
Saturday 10 a.m. to 6 p.m.
FOR FURTHER INFORMATION CONTACT: Erik Spalvins, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303, (404) 562-8938, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
The EPA announces its intent to delete 50 acres of former
residential property (in the former neighborhoods of Oak Park, Escambia
Arms, Herman & Pearl and Clarinda Triangle) from Operable Unit One
(soils) of the Escambia Wood--Pensacola Superfund Site (Site), from the
National Priorities List (NPL) and request public comment on this
proposed action. The NPL constitutes Appendix B of 40 CFR part 300
which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which 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 those 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). This partial deletion of the Escambia Wood--Pensacola
Site is proposed in accordance with 40 CFR 300.425(e) and is consistent
with the Notice of Policy Change: Partial Deletion of Sites Listed on
the National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described
in 300.425(e)(3) of the NCP, a portion of a site deleted from the NPL
remains eligible for Fund-financed remedial action if future conditions
warrant such actions.
EPA will accept comments on the proposal to partially 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 50 acres of former
residential property in the former neighborhoods of Oak Park, Escambia
Arms, Herman & Pearl and Clarinda Triangle, part of Operable Unit One
of the Escambia Wood--Pensacola Superfund Site and demonstrates how it
meets the deletion criteria.
[[Page 35061]]
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 to ensure the continued protectiveness of remedial
actions where hazardous substances, pollutants, or contaminants remain
at a site above levels that allow for unlimited use and unrestricted
exposure. The EPA conducts such five-year reviews even if a site is
deleted from the NPL. The EPA may initiate further action to ensure
continued protectiveness at a deleted site if new information becomes
available that indicates it is appropriate. Whenever there is a
significant release from a site deleted from the NPL, the deleted site
may be restored to the NPL without application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to deletion of these 50 acres from
Operable Unit One of the Site:
(1) EPA consulted with the State before developing this Notice of
Intent for Partial Deletion.
(2) 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 of Florida, through the Florida Department of
Environmental Protection, has concurred with the deletion of the 50
acres of parcels from Operable Unit One (soils) of the Escambia Wood--
Pensacola Superfund Site, from the NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in a major local newspaper, the Pensacola News Journal. The newspaper
announces the 30-day public comment period concerning the Notice of
Intent for Partial Deletion of the Site from the NPL.
(6) EPA placed copies of documents supporting the proposed partial
deletion in the deletion docket, made these items available for public
inspection, and copying at the Site information repositories identified
above.
If comments are received within the 30-day comment period on this
document, the EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the 50 acres of parcels from
Operable Unit One. 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 50 acres of parcels from Operable Unit One of the Escambia
Wood--Pensacola Superfund Site, the Regional Administrator will publish
a final Notice of Partial 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 included
in the site information repositories listed above.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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 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 Intended Partial Site Deletion
The following information provides the EPA's rationale for deleting
the 50 acres of parcels from Operable Unit One (soils) of the Escambia
Wood--Pensacola Superfund Site from the NPL:
The Site (CERCLIS ID: FLD008168346) is located in the City of
Pensacola in Escambia County, Florida. The Site consists of a former
wood-treating facility (about 30 acres) and about 70 acres of former
residential neighborhoods, which were acquired by the EPA. The street
address of the former facility is 3910 North Palafox Street. The former
residential areas include most of the Rosewood Terrace, Oak Park,
Escambia Arms, Herman & Pearl and Clarinda Triangle neighborhoods. From
1942 to 1982, the facility treated wood with creosote and
pentachlorophenol, which resulted in contamination of soil and
groundwater with creosote, pentachlorophenol, and dioxins. The facility
was abandoned in 1991. From October 1991 into 1992, the EPA conducted a
removal action to address three surface impoundments, to stop immediate
exposure, and to stabilize the Site. The EPA excavated about 225,000
cubic yards of contaminated materials and secured it under a heavy-duty
geomembrane cover. The EPA completed the removal action in 1992. The
EPA proposed the Site to the NPL on August 23, 1994 (59 FR 43314) and
the Site was added (final) on the NPL on December 16, 1994 (59 FR
65206). The EPA manages the soils at the Site as Operable Unit One and
manages the groundwater as Operable Unit Two. Operable Unit One
consists of the relocated residential properties and the former
facility and encompasses more than 100 acres. The partial deletion
consists of the 50 or so acres of residential properties acquired by
the EPA in the Oak Park, Escambia Arms, Herman & Pearl and Clarinda
Triangle neighborhoods.
Interim Remedial Action
EPA's first Remedial Action was an Interim Remedial Action of
voluntary residential relocation. In June 1995, the EPA selected the
Site for the EPA's National Relocation Evaluation Pilot. The Pilot
explored the use of permanent relocations under CERCLA. The EPA
selected relocation as an interim remedial action in a February 12,
1997 Interim Record of Decision. From 1997 to 2001, over 350 households
and over 500 people were successfully relocated from the Rosewood
Terrace, Oak Park, Escambia Arms and Herman & Pearl neighborhoods to
comparable replacement housing in and around Pensacola. The February
13, 2006 Record of Decision (ROD) added the Clarinda Triangle
neighborhood to the Interim remedy. The Clarinda Triangle relocation
began in December 2006, was finished in August 2008, and included 38
properties. From 1997 to 2008, more than 400 households were
successfully relocated as part of the Interim Remedial Action.
Remedial Investigation
The Remedial Investigation found risk from contaminated soil for
current and future users of the Site. The Feasibility Study evaluated
off-site disposal and on-site disposal of contaminated soil
[[Page 35062]]
with different treatment options for both low-level and principal
threat wastes. Site soils were found to be contaminated with dioxins,
furans, pentachlorophenol, a variety of polynuclear aromatics and
methyl napthalenes, arsenic and lead. Site soils posed an unacceptable
human health risk through exposure to dermal contact, ingestion, and
inhalation of soils. The future anticipated land use is commercial and
industrial and was developed through a master planning process by the
community, local governments and the State. Cleanup concentrations were
developed to be protective to human health and are based on the future
anticipated land use.
Selected Remedy
EPA issued the final Operable Unit One ROD in 2006, selecting
excavation and on-site disposal in a containment cell, treatment of
principal threat waste by solidification/stabilization, monitoring and
institutional controls to restrict future use of the Site. The Remedial
Action Objectives were: (1) Prevent ingestion, inhalation, or direct
contact with surface soil that contains concentrations of contaminants
in excess of the remedial cleanup goals; (2) Control migration and
leaching of contaminants in surface and subsurface soil to ground water
that could result in ground water contamination in excess of EPA
drinking water standards (Maximum Contaminant Levels); (3) Prevent
ingestion or inhalation of soil particulates that contain contaminant
concentrations in excess of remedial cleanup goals; and, (4) Control
future releases of contaminants to ensure protection of human health
and the environment. In 2012, the EPA issued an Explanation of
Significant Differences to update the 2006 Final ROD's soil cleanup
goals to reflect the appropriate level of protectiveness for potential
exposure pathways at the Site and to change construction requirements
in the ROD that were over-specific and found to be impractical once
construction was underway.
The 2006 ROD included an 18-acre containment cell on the former
facility and on the former Rosewood Terrace Neighborhood, bounded by
Hickory Street to the North. The area for the partial deletion does not
include the former facility or the former Rosewood Terrace
neighborhood. The proposed partial deletion consists of the 50 acres of
former residential property in the former neighborhoods of Oak Park,
Escambia Arms, Herman & Pearl and Clarinda Triangle.
Response Action
The Interim Remedial Action was designed and implemented by the EPA
and the United States Army Corps of Engineers (USACE) via an
Interagency Agreement. The USACE conducted the purchase of properties
and relocation of residents in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
The Final Remedial Action for Operable Unit One began in September
2007. The EPA contractor excavated and stockpiled contaminated soil and
debris on site. The EPA also collected confirmation samples from the
floors and sidewalls of excavations and continued excavating soil if
confirmation samples exceeded cleanup goals. This process was repeated
until cleanup goals were no longer exceeded. The contractor constructed
an 18-acre containment cell with about 20 feet of compacted
contaminated soil and 2 to 3 feet of cement-stabilized soil. Once
filled, the cell was capped with a composite liner, overlaid by a
drainage system, and covered with at least 6 feet of clean fill soil.
Excavation areas were limed, fertilized and seeded to prevent wind and
water erosion. The final cell contains about 527,000 cubic yards of
contaminated soil, debris and solidification/stabilization-treated
soil. The State of Florida began the Operations & Maintenance phase of
the Operable Unit One Interim Remedial Action and most of the Operable
Unit One Final Remedial Action on March 1, 2013.
Cleanup Levels
On March 5, 2012, the EPA issued an ESD to update the 2006 Final
ROD's soil cleanup goals to reflect the appropriate level of
protectiveness for potential exposure pathways at the Site and to
change construction requirements in the ROD that were over-specific and
found to be impractical once construction was underway. The 2006 Final
ROD cleanup goals were updated because they were not developed for all
potential pathways for all contaminants (some cleanup levels were
solely leaching-based, some were solely direct exposure-based) and the
Summers model used for the leaching-based cleanup levels resulted in
cleanup goals that were overly conservative. The 2012 ESD established
cleanup goals for all COCs based on both the direct exposure and
leaching-based groundwater protection pathways. They also replaced the
Summers model-derived cleanup goals with updated site-specific cleanup
goals for groundwater protection.
The completion of Remedial Actions was documented in three reports
and documented in a Superfund Remedial Action Completion memorandum
signed on July 30, 2018 (Superfund Enterprise Management System (SEMS)
document identification number 11106221). The reports and the
memorandum are available in the deletion docket and they describe the
cleanup techniques, cleanup concentrations for COCs, confirmation
testing results, and QA/QC methodologies. The interim action is
documented in a Remedial Action Report approved on September 30, 2009
(SEMS number 11096422). The final action, excluding the dewatering
phase of the containment cell construction, is documented in an Interim
Remedial Action Report approved on September 30, 2010 (SEMS number
11096426). The last component of the final action was the dewatering
phase of the remedial action construction and is documented in a
Remedial Action Report Addendum (Leachate) (SEMS number 11106220) and
approved by Superfund Remedial Action Completion memorandum signed on
July 30, 2018.
Operation and Maintenance
The Site's 2012 Operable Unit One O&M Plan requires the following
activities: (1) Semi-annual inspections of the containment cell, the
subsurface water drainage system, the soil cover, the Operable Unit One
remedy verification groundwater monitoring wells, the surface water
management system and site security features; (2) Groundwater elevation
monitoring in Operable Unit One remedy verification monitoring wells,
annual sampling of Operable Unit One remedy verification groundwater
monitoring wells, leachate removal, sampling and monitoring, and
settlement monitoring for buildings constructed on the containment
cell; and (3) Preventative maintenance for the vegetative cover,
erosion and grading, and stormwater management system. The State of
Florida is responsible for the Operations and Maintenance activities at
the Site.
Institutional Controls
Restrictive covenants are in place on the 50 or so acres that are
proposed for partial deletion. The restrictions limit use of property
to commercial, industrial, or manufacturing purposes, except that the
property shall not be used for any business involving temporary or
permanent housing of individuals. The instrument is a 2013 Declaration
of Restrictive Covenants, Escambia County Instrument Number
[[Page 35063]]
2014029669, recorded in Official Record Book 7164 at Pages 358-388.
Five Year Reviews
EPA conducts reviews every five years to determine if remedies are
functioning as intended and if they continue to be protective of human
health and the environment. Because contaminants remain in Site soil
above levels that would allow for unlimited use and unrestricted
exposure, the EPA will continue to conduct five-year reviews, as
required by statute. The EPA issued the Fourth statutory Five-Year
Review Report on September 27, 2017, and concluded that the remedy at
the Site is functioning as intended and is protective of human health
and the environment in the short-term (SEMS number 11070132). There
were three issues and recommendations that do not change the
protectiveness of the remedy. The issues are related to: Institutional
controls on the former facility parcels; leaching-based cleanup levels
on the former facility parcels; and preventing uses not allowed by
restrictive covenants. Two of the unresolved issues identified in the
Five-Year Review are limited to the former facility portion of the
site, which is not included in this proposed partial deletion. The
third recommendation is to prevent uses not allowed by restrictive
covenants, which is being implemented by the local government. The EPA
will conduct the next Five-Year Review in 2022.
Community Involvement
The EPA held numerous community meetings before and during the
residential relocation and the soil cleanup. The EPA issued fact sheets
and maintained a public website during remedial construction. The EPA
provided Site tours during cleanup to local government staff, elected
officials, and the community's Technical Advisor, provided through an
EPA Technical Advisor Grant. After the cleanup was complete, the EPA
released reuse fact sheets and met with local government to facilitate
redevelopment planning.
Determination That the Criteria for Deletion Have Been Met
The EPA has followed all procedures required by 40 CFR 300.425(e),
Partial Deletion from the NPL. The EPA consulted with the State of
Florida prior to developing this Notice. The EPA determined that both
the EPA and FDEP have conducted all appropriate response actions
required and that no further response action for this portion of the
Site is appropriate. The EPA is publishing a notice in a major local
newspaper, The Pensacola News Journal, of its intent to partially
delete the Site and how to submit comments. The EPA placed copies of
documents supporting the proposed partial deletion in the Site
information repository; these documents are available for public
inspection and copying.
The implemented Operable Unit One remedy achieved the degree of
cleanup and protection specified in the ROD. The selected remedial
action objectives and associated cleanup levels for the surface soil
are consistent with agency policy and guidance. Based on information
currently available to the EPA, no further Superfund response in the
area proposed for deletion is needed to protect human health and the
environment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(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 26, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-15420 Filed 7-19-19; 8:45 am]
BILLING CODE 6560-50-P