[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6807-6809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4031]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5428-2]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Gallaway Pits Superfund Site, 
Fayette County, Tennessee from the National Priorities List (NPL).

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces 
its intent to delete the Gallaway Pits Site from the National 
Priorities List (NPL) and requests 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 EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended. EPA and the State of Tennessee Department of the 
Environment and Conservation (TDEC) have determined that the Site poses 
no significant threat to public health or the environment and, 
therefore, further remedial measures pursuant to CERCLA are not 
appropriate.

DATES: Comments must be submitted by March 25, 1996.

ADDRESSES: Comments may be mailed to: Robert West, U.S. Environmental 
Protection Agency, 345 Courtland Street NE., Atlanta, Georgia 30365. 

[[Page 6808]]

    Comprehensive information on this Site is available for viewing 
through the site information repositories at the following locations:

Gallaway City Hall, 607 Watson Drive, Gallaway, TN 38036.
U.S. EPA Record Center, 345 Courtland Street NE., Atlanta, GA 30365.

FOR FURTHER INFORMATION CONTACT: Robert West, U.S. Environmental 
Protection Agency, 345 Courtland Street NE., Atlanta, Georgia, 30365, 
404-347-3555 EXT. 2033, or 1-800-435-9233, EXT 2033.

SUPPLEMENTARY INFORMATION:

Introduction

    The Environmental Protection Agency (EPA) Region 4 announces its 
intent to delete the Gallaway Pits Site from the National Priorities 
List (NPL), Appendix B of National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), 40 CFR Part 300, and requests 
comments on this deletion. EPA identifies sites that appear to present 
a significant risk to public health, welfare, or the environment and 
maintains the NPL as the list of these sites. As described in Section 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for remedial actions in the unlikely event that conditions at the site 
warrant such action.
    EPA will accept comments on the proposal to delete this Site for 
thirty days after publication of this notice in the Federal Register.

NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. EPA, in consultation with the State of Tennessee, has 
concluded that the Gallaway Pits Site meets the following criteria for 
site deletion:
    (i) All appropriate fund-financed response actions have been 
implemented; and
    (ii) All appropriate response under CERCLA has been implemented.
    Even if a site is deleted from the NPL, where hazardous substances 
remain at the site above levels that allow for unlimited use and 
unrestricted exposure, EPA's policy is that a subsequent review of the 
site will be conducted at least every five years after the initiation 
of the remedial action at the site. If new information becomes 
available which indicates a need for further action, EPA may initiate 
remedial actions. Whenever there is significant release from a site 
deleted from the NPL, the site may be restored to the NPL without the 
application of the Hazardous Ranking System.

Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) EPA Region 4 issued a Final Close Out Report which 
addressed the Site conditions, quality assurance and control during 
construction, and technical criteria for satisfying the completion 
requirements; (2) a notice has been published in the local newspaper 
and has been distributed to appropriate federal, state, and local 
officials announcing the commencement of a 30-day public comment period 
on EPA's Notice of Intent to Delete; (3) All relevant documents have 
been made available for public review in the local Site information 
repositories; and TDEC has concurred with the proposed deletion 
decision.
    Deletion of the Site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. The NPL is designed 
primarily for information purposes and to assist Agency management. As 
mentioned in Section VI of this Notice, Section 300.425(e)(3) of the 
NCP states that deletion of a Site from the NPL does not preclude 
eligibility for future response actions.
    For deletion of this Site, EPA's Regional Office will accept and 
evaluate public comments of EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    A deletion occurs when the Regional Administrator places a final 
notice in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the Notice. Public notices and 
copies of the Responsiveness Summary will be made available to local 
residents by the Regional office.

Basis for Intended Site Deletion

    The following site summary is the Agency's rationale for the 
proposal to delete Gallaway Pits Site from the NPL.

A. Site Background and History

    The Gallaway Pits Site (five-acres) was extensively mined for sand 
and gravel, producing a landscape dotted with water-filled pits up to 
50 feet deep. Sampling of the pond water and sediments showed elevated 
levels of pesticides. The groundwater samples did not reveal any 
contamination; however, potential existed for groundwater contamination 
because of the types and quantities of waste at the site.
    In October 1983, the EPA conducted an emergency cleanup. The 
cleanup consisted of the excavation and off-site disposal of 
contaminated sludge and the on-site treatment of the pond water. The 
treatment process involved the carbon filtration of the pond water to 
limits established by the Tennessee Department of Health and 
Environment (TDHE), Division of Water Quality Control.
    The Remedial Investigation Report included a sampling program for 
each of the potentially affected environmental media: surface water, 
sediment, surface soils, and groundwater. A quantitative risk 
assessment was performed for various contaminant exposure pathways. 
Based on the available data and risk assessment assumptions, the 
exposure pathways presented no unacceptable risks to human receptors. 
The only unacceptable risk presented by the Site was the potential risk 
to off-site ecology.
    The Record of Decision (ROD) outlined the following selected 
remedial actions: (1) Dilution of water in ponds 1, 2, and 5 with city 
water to meet ambient water quality criteria and subsequent discharge 
to an unnamed tributary of Cane Creek; (2) excavation of contaminated 
sediments from ponds 2 and 5, and consolidation of these sediments in 
pond 1; (3) institutional controls, such as fencing around pond 1, 
restrictions on mining, and methods to ensure that future land uses are 
compatible with the selected remedy; (4) proper site closure under 
Subtitle C of RCRA, including capping of pond 1; and (5) operation and 
maintenance (O&M) activities that include groundwater monitoring and 
inspection and maintenance of the cap.

B. Remedial Planning Activities

    A Remedial Design was performed in the field for the selected 
actions recommended by the ROD at the Site. Listed below are the design 
criteria: (1) Determine a kiln dust/sediment ratio for the 
solidification process; (2) determine the below grade excavation 
configuration to store the solidified waste; (3) design a RCRA cap over 
the below grade configuration; (4) determine the safety factor against 
bearing capacity failure of foundation soils underlying the solidified 
waste and RCRA cap; (5) perform an effective analysis of foundation 
soils to check for possible detrimental settlement of RCRA cap; and (6) 
design a drainage ditch system to collect and route runoff away from 
the RCRA cap.

[[Page 6809]]


C. Remedial Construction Activities

    Construction activities were initiated in June 1987 at the site. 
The construction activities included: (1) Pond water sampling; (2) 
water evacuation of ponds; (3) solidification and excavation of pond 
sediments; (4) construction of the RCRA cap; (5) site closure and (6) 
monitoring well installation.
    All of the completion requirements for this site have been met as 
required by OSWER Directive 9320.2-3C. Confirmatory ground water 
sampling at the site provides further assurance that the site continues 
to pose no threat to human health or the environment. The only 
remaining activity to be performed at the site is minor O&M that is 
guaranteed by the State of Tennessee.

D. Community Relations Activities

    Residents near the Site are aware of activities that have taken 
place at Gallaway Pits. A public meeting was held on July 21, 1986, to 
present a summary of the RI/FS process and to explain the proposed 
remedies for the cleanup of the site. Fact sheets were prepared and 
distributed to the mailing list. Comments received during the public 
comment period were addressed in the responsiveness summary of the ROD. 
Because Gallaway Pits is a companion to the Arlington Blending Site, 
the residents of the community are kept informed through community 
relations efforts held concerning the Arlington Blending Site.

E. Summary of Operation and Maintenance

    The State of Tennessee will implement the O&M plan that will ensure 
that the cap remains protective of public health, welfare and the 
environment. O&M activities will consist of scheduled inspections and 
periodic maintenance of the exclusion zone and periodic sampling of 
monitoring wells.

F. How Gallaway Pits Meets NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. EPA, in consultation with the State of Tennessee, has 
concluded that the Gallaway Pits Site meets the following criteria for 
site deletion:
    (i) All appropriate fund-financed response actions have been 
implemented; and
    (ii) All appropriate response under CERCLA has been implemented.

G. State Concurrence to Delete Gallaway Pits Site

    Refer to Attachment I.
    EPA, in consultation with the State of Tennessee, has concluded 
that the Gallaway Pits Site meets the following criteria for site 
deletion: (1) EPA and the State of Tennessee have implemented all 
appropriate response actions required; (2) All appropriate response 
under CERCLA has been implemented; and (3) the confirmation sampling 
done after the cap was completed shows that the Gallaway Site poses no 
significant threat to public health or the environment and, therefore, 
taking of further remedial measures is not appropriate. EPA and the 
State of Tennessee believe that the above listed criterions for 
deletion have been met. Subsequently, EPA is proposing deletion of the 
Gallaway Pits Site from the NPL. Documents supporting this action are 
available from the docket.

    Dated: February 9, 1996.
Phyllis P. Harris,
Acting Regional Administrator, U.S. EPA Region 4.
[FR Doc. 96-4031 Filed 2-21-96; 8:45 am]
BILLING CODE 6560-50-P