[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6806-6807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4032]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5428-3]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Amnicola Dump Superfund Site,
Chattanooga, Tenn., from the National Priorities List (NPL).
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SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces
its intent to delete the Amnicola Dump 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 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 & Conservation have determined that the Site poses no
significant threat to public health or the environment, 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.
Comprehensive information on this Site is available for viewing
through the site information repositories at the following locations:
Chattanooga Hamilton County Bicentennial Library, Local History
Department, 1001 Broad Street, Chattanooga, TN 37402.
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 Amnicola Dump 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 environment and
maintains the NPL as the list of these sites.
As described in 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 sites may be deleted
from the NPL where no further response is appropriate. EPA, in
consultation with the State of Tennessee, has concluded that the
Amnicola Dump Site meets the following criteria for site deletion:
(i) Responsible parties have implemented all appropriate response
actions required; 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 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; and (3) all relevant documents
have been made available for public review in the local Site
information repositories.
Deletion of the Site from the NPL does not itself create, alter, or
revoke any individual's rights or obligation. The NPL is designed
primarily for information purposes and to assist Agency management. As
mentioned in Section VI of this document, Sec. 300.425(e)(30) of the
NCP states that deletion of a Site 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 Amnicola Dump from the NPL.
A. Site Background and History
The Site is an 18-acre inactive construction debris disposal area
located in Chattanooga, TN. From mid-1970 to 1973, the Site was
operated as a construction debris disposal area by the city of
Chattanooga. The debris disposed included 25 percent or less
[[Page 6807]]
household-type waste. A substantial portion of the wood waste taken to
the Site during this period was incinerated by an air-curtain
destructor with the ashes placed on-site. Approximately 12 acres of the
18-acre site were eventually filled.
Consolidated Latex, Inc., formerly located on the south border of
the Site, allegedly disposed of latex waste in the southwest corner. In
1971, the Tennessee-American Water Company noted the dumping of latex
waste as well as the presence of a strong styrene-like odor during one
leachate sampling event. Concern arose because of the proximity of the
water company's intake from this leachate stream and alleged latex
disposal location. Latex waste is the only industrial waste reportedly
disposed at the Site. In May 1971, EPA recommended closure of the Site.
B. Remedial Planning Activities
The State of Tennessee conducted a site visit in July 1979, and
noted that the Site was in good overall condition; however, some
discoloration of water was observed in one of the drainage ditches. EPA
recommended an evaluation of historical water data and further water
sampling.
Sampling of a leachate stream indicated the presence of
trichloroethylene, vinyl chloride, and 1,2 transdichloroethyleno. The
Site was finalized on the NPL in September 1983.
A Remedial Investigation (RI) of the Site commenced in July 1987;
EPA conducted this RI to determine the nature and general extent of
Site contaminants. A Feasibility Study (FS) was also conducted by EPA
to evaluate alternatives for Site cleanup. Sampling data from the RI
indicated that some surface soils on the Site contained concentrations
of Polynuclear Aromatic Hydrocarbons (PAHs) above acceptable health
based levels.
On March 30, 1989, EPA issued a Record of Decision (ROD) for the
Site which selected a remedy for the contamination detected. The major
remedy components selected for the Site consisted of excavation of
surface soil and debris, solidification of the surface soil, and
groundwater monitoring.
C. Remedial Construction Activities
On-Site excavation of contaminated soil and debris started on
August 5, 1993, and the material was shipped off-site for disposal. The
excavated material included pieces of creosote ties, asphalt chips,
bricks, concrete, contaminated soil and other debris. Excavation was
completed on August 5, 1993, and confirmatory cleanup samples were
taken. Once the confirmatory samples indicated that the excavated area
no longer contained soil levels over the cleanup goal, the area was
then filled with crushed stone for easy identification.
The final inspection was performed on September 2, 1993. The
inspection was performed by EPA and Tennessee Department of Environment
and Conservation (TDEC) representatives. It was determined that the
Remedial Action had been successfully executed.
Confirmatory soil sampling taken before and after the soil removal
has demonstrated that contaminant levels in the surface soil are now
below the cleanup goal. Results of the sampling can be seen in the
August 1993, Remedial Design Report and the September 1993, Remedial
Action Report. No Site contaminants have been detected in the
groundwater above the levels established in the ROD.
D. Community Relations Activities
The Region 4 Community Relations staff along with the Site project
manager conducted an active campaign to ensure that the local residents
were well informed about the different activities occurring at the
Site. Community relations activities included the development of
Community Relations Plans, holding public meetings, and routine
publications of progress report fact sheets. Site information was
placed at a local repository located in the Chattanooga/Hamilton County
Bicentennial Library.
E. Summary of Operation and Maintenance
Since all surface soil above the cleanup goal has been removed, and
as no operating systems or containment measures were necessary,
Operation and Maintenance (O&M) of the Site is not required. Site
Institutional Controls were defined in the Consent Decree to place deed
restrictions on the property.
F. How Amnicola meets NPL Deletion Criteria
Section 300.425(e) of the NCP provides that sites may be deleted
from the NPL where no further response is appropriate. EPA, in
consultation with the State of Tennessee, has concluded that the
Amnicola Dump Site meets the following criteria for site deletion:
(i) Responsible parties have implemented all appropriate response
actions required; and
(ii) All appropriate response under CERCLA has been implemented.
G. State Concurrence To Delete Amnicola Dump Site
EPA, in consultation with the State of Tennessee, has concluded
that the Amnicola Dump Site meets the following criteria for site
deletion: (1) Responsible parties have implemented all appropriate
response actions required; and (2) All appropriate response under
CERCLA has been implemented. EPA and the State of Tennessee believe
that the above listed criterion for deletion has been met.
Subsequently, EPA is proposing deletion of Amnicola Dump Site from the
NPL. Documents supporting this action are available from the docket.
Dated: February 7, 1996.
Phyllis P. Harris,
Acting Regional Administrator, U.S. EPA Region 4.
[FR Doc. 96-4032 Filed 2-21-96; 8:45 am]
BILLING CODE 6560-50-P