[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Proposed Rules]
[Pages 43205-43207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21172]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5556-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete Chemet Company Superfund Site, 
Fayette County, Tennessee, from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces 
its intent to delete the Chemet Company 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 on or before September 20, 1996.

ADDRESSES: Comments may be mailed to: Robert West, U.S. Environmental 
Protection Agency, Region 4, 345 Courtland Street, N.E., Atlanta, 
Georgia 30365.
    Comprehensive information on this Site is available for viewing 
through the site information repositories at the following locations: 
Moscow City Hall, 266 Fourth Street, Moscow, TN, 38057. U.S. EPA Record 
Center, 345 Courtland St., N.E., Atlanta, GA, 30365.

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

[[Page 43206]]

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Environmental Protection Agency (EPA) Region 4 announces its 
intent to delete the Chemet Company 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 
Sec. 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.
    The EPA will accept comments on the proposal to delete this Site 
for thirty days after publication of this document in the Federal 
Register.

II. 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 Chemet Company 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.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) EPA Region 4 issued a Record Of Decision (ROD) 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 document, Sec. 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 
action 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.

IV. Basis for Intended Site Deletion

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

A. Site Background and History

    The Chemet Company Site was an antimony processing facility. Lead 
laden ore was processed at the facility to yield antimony. Antimony is 
commonly used as a fire retardant and plastics strengthener. During the 
years of operation, slag from the furnaces was systematically stored in 
unsecured stockpiles on the property. Bins, containers, and barrels of 
slag and other waste materials were also stored inside buildings, 
pending secondary treatment for disposal.

B. Engineering Evaluation/Cost Analysis (EE/CA)

    In May 1993, the Site was referred to the EPA, Region 4. After a 
thorough review of Site information, EPA staff concluded the Site was a 
candidate for cleanup under Superfund Accelerated Cleanup Model (SACM) 
Guidelines. Sampling surveys, conducted in preparation of the EE/CA 
confirmed the soil was contaminated with elevated levels of lead, 
arsenic and antimony. Additionally, the poorly secured waste piles 
posed an increased risk of direct exposure to the highly concentrated 
lead waste. EPA staff determined that a Non-Time Critical Removal under 
SACM, would be an effective method to accomplish the remediation.
    The Field Investigation (FI) was developed to gather sufficient 
information to: (1) characterize the Site, (2) define contaminants of 
concern and extent of contamination, (3) determine the actual or 
potential threat, if any, the Site poses to human health and/or the 
environment, and (4) aid in the development of removal/clean-up 
remedies that may be necessary to address any threat identified. 
Sampling verified the soil on-site was contaminated with lead, arsenic 
and antimony.

C. Removal Activities

    Phase I of the removal activities consisted of excavating, 
segregating, and categorizing the contaminated soil over the entire 
Site. Contaminated areas that reached the ball field of the LaGrange-
Moscow Elementary School were the first areas addressed in the removal 
activities. A minimum of six-inches of soil was excavated from the 
entire Site. Samples from the stockpiles on-site were sent to the 
laboratory for determination of proper disposal methods. The results of 
the laboratory analysis verified that most of the contaminated soil 
could be disposed of in a licensed solid waste landfill. Contaminated 
soil previously stored in an on-site building, needed to be disposed of 
in a licensed hazardous waste landfill because of a higher 
concentration of heavy metals. The two abandoned tractor trailers were 
pressured washed and removed from the Site.
    Phase II of the removal activities consisted of the disposal of 
over 20,000 tons of nonhazardous contaminated soil in the South Shelby 
Landfill, Memphis, TN. An additional 600 tons of hazardous soil were 
disposed of by the Laidlaw Environmental Services, Pinewood, SC. 
Laboratory chemicals on-site were inventoried, segregated into 
compatible groups, lab packed, and disposed of properly. Contaminated 
metal was pressured washed and recycled by a licensed vendor. Over 120 
drums of slag and 37 boxes of raw ore were categorized and disposed of 
properly. The on-site buildings were demolished, pressured washed, and 
disposed. The on-site private well was closed according to State 
regulations.
    After the contaminated soil had been disposed of and confirmation 
sampling verified that on-site soil was below

[[Page 43207]]

cleanup levels, the entire Site was backfilled with a six-inch layer of 
clean soil. Finally, the Site was seeded with tall fescue grass and the 
damaged areas of the perimeter fence were repaired. The removal 
activities were completed March 23, 1995. The total cost of cleanup was 
1.3 million dollars.

D. Community Relations Activities

    In accordance with the requirements of CERCLA Sec. 113(k)(2)(B) and 
Sec. 117, a Community Relations Plan (CRP) was developed to establish a 
framework for community relations activities at the Chemet Company 
Site. The CRP was finalized January 1994. EPA held a Public Meeting on 
January 27, 1994, to describe the Superfund process and the planned EE/
CA activities. On May 24, 1994, EPA held a Public Meeting to describe 
the Superfund Proposed Removal Plan, present the results of the EE/CA, 
and the Streamline Risk Assessment.

E. Summary of Operation and Maintenance

    No Operation and Maintenance (O&M) is necessary at this Site.

F. How Chemet Company 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 Chemet Company 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 Chemet Company Site

    The State of Tennessee concurred with the deletion of the site by 
letter dated July 11, 1996.
    EPA, in consultation with the State of Tennessee, has concluded 
that the Chemet Company 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 excavation activities verified that the Chemet 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 
Chemet Company Site from the NPL. Documents supporting this action are 
available from the local repository.

    Dated: July 15, 1996.
A. Stanley Meiburg,
Deputy Regional Administrator, U.S. EPA Region 4.
[FR Doc. 96-21172 Filed 8-20-96; 8:45 am]
BILLING CODE 6560-50-P