[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Proposed Rules]
[Pages 6507-6510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5963-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent for Partial Deletion of the Celanese 
Corporation (Hoechst Celanese) Shelby Fiber Operations Site from the 
National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 announces 
its intent to delete portions of the Celanese Corporation Shelby Fiber 
Operations Superfund Site located in Shelby (Cleveland County), North 
Carolina, from the National Priorities List (NPL) and requests public 
comment on this proposed action. The NPL constitutes Appendix B to 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). This partial deletion of the Celanese 
Corporation Shelby Fiber Operations site is proposed in accordance with 
40 CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of 
Sites Listed on the NPL, published in the Federal Register on November 
1, 1995 at (60 FR 55466).
    This proposal for partial deletion pertains only to portions of 
Operable Unit (OU) 1--Outer Tier Extraction Well System, and Operable 
Unit (OU) 2--Former Source Area and Remediated Creeks. EPA bases its 
proposal to delete portions of OU-1 and OU-2 on the determination by 
EPA and the State of North Carolina Department of Environment, Health 
and Natural Resources (DEHNR) that all appropriate actions under CERCLA 
have been implemented to protect health, welfare, and the environment.
    This partial deletion of OU-1 pertains only to the Outer Tier 
extraction well system and associated ground-water treatment system. 
This partial deletion does not include the remaining portions of OU-1 
(i.e., the Inner Tier extraction and treatment system). The ground-
water unit will remain on the NPL and treatment will continue until a 
determination by EPA and DEHNR, that all appropriate actions under 
CERCLA have been completed to protect human health, welfare and the 
environment relating to residual ground-water contamination at the 
site.

DATES: EPA will accept comments concerning its proposal for partial 
deletion for thirty days (30) after publication of this document in the 
Federal Register and a newspaper of record.

ADDRESSES: Comments may be mailed to: Mr. McKenzie Mallary, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region 4, North 
Site Management Branch, 61 Forsyth Street, S.W., Atlanta, Georgia 
30303-3014.
    Comprehensive information on this Site is available through the EPA 
Region 4 public docket, which is located at EPA's Region 4 office and 
is available for viewing by appointment from 9:00 a.m. to 4:00 p.m., 
Monday through Friday, excluding holidays. Requests for appointments or 
copies of the background information from the regional public docket 
should be directed to the EPA Region 4 docket office.
    The address for the regional docket office is Ms. Debbie Jourdan, 
U. S. Environmental Protection Agency, Federal Atlanta Center, 61 
Forsyth Street, S.W., Atlanta, Georgia 30303-3014. The telephone number 
is (404) 562-8862.
    Background information from the regional public docket is also 
available for viewing at the Site information repository located at the 
Cleveland County Library, 104 Howie Drive, Shelby, NC 28151. The 
telephone number is (704) 487-9069. The library is open Monday through 
Thursday from 9:00 a.m. to 9:00 p.m., on Friday from 9:00 a.m. until 
5:00 p.m, and Saturday from 9:00 a.m. until 1:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. McKenzie Mallary, Remedial Project 
Manager, U. S. Environmental Protection Agency, Region 4, North Site 
Management Branch, 61 Forsyth Street, S.W., Atlanta, Georgia 30303-3014 
(404) 562-8802; 1-800-435-9233.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedure
IV. Basis for Intended Partial Site Deletion

I. Introduction

    The United States Environmental Protection Agency (EPA) Region 4 
announces its intent to delete a portion of the Celanese Corporation 
Shelby Fiber Operations site (Site) from the NPL, Appendix B of the 
National Oil and Hazardous Substances Contingency Plan (NCP), 40 CFR 
Part 300. It also serves to request public comments on the deletion 
proposal. EPA will accept comments on this proposed action for deletion 
for thirty days after publication of this document in the Federal 
Register.
    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. Sites on the NPL qualify for remedial responses 
financed by the Hazardous Substances Response Trust Fund (Fund). As 
described in Sec. 300.425 (e)(3) of the NCP, sites deleted from the NPL 
remain eligible for Fund-financed remedial actions in the unlikely 
event that conditions at the site warrant such actions.
    This proposal for partial deletion pertains only to OU-1 (Outer 
Tier), and OU-2 (Former Source Area and Remediated Creeks). Response 
activities to remediate residual groundwater contamination at the OU-
1(Inner Tier) of this Site are not yet complete and this part of OU-1 
will remain on the NPL and is not subject of this partial deletion.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with Sec. 300.425(e) of the NCP, sites may be 
deleted from the NPL where no further response is appropriate. In 
making this determination, EPA, in consultation with the State, 
considers whether the site has met any of the following criteria for 
site deletion:
    (i) Responsible or other parties have implemented all appropriate 
response actions required;
    (ii) All appropriate response actions under CERCLA have been 
implemented

[[Page 6508]]

and no further response actions are deemed necessary; or
    (iii) The remedial investigation has determined that the release 
poses no significant threat to public health or the environment and, 
therefore, no remedial action is appropriate.

III. Deletion Procedure

    EPA Region 4 will accept and evaluate public comments before making 
a final decision to delete. Comments from the local community may be 
the most pertinent to deletion decisions. The following procedures were 
used for the intended deletion of portions of the Celanese Corporation 
Shelby Fiber Operations Site:
    (1) EPA Region IV has recommended deletion and has prepared the 
relevant documents.
    (2) The State has concurred with the decision to delete portions of 
the Celanese Corporation Shelby Fiber Operations site.
    (3) Concurrent with this announcement, 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 the Notice of Intent to Delete.
    (4) EPA has made all relevant documents available for public review 
at the information repository and in the Regional Office.
    Partial deletion of a 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 EPA 
management. As mentioned earlier, Sec. 300.425(e)(30) of the NCP states 
that deletion of a site from the NPL does not preclude eligibility of 
the site for future Fund-financed response actions.
    For the partial deletion of this Site, EPA will accept and evaluate 
public comments on this Notice of Intent to Delete before finalizing 
the decision. The Agency will prepare a Responsiveness Summary to 
address any significant public comments received during the comment 
period. The deletion is finalized after the Regional Administrator 
places a Notice of Deletion in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    The following summary provides the Agency's rationale for deletion 
of OU-1 (Outer Tier) and OU-2 (Former Source Area and Remediated 
Creeks) of the Celanese Corporation Shelby Fiber Operations site from 
the NPL and EPA's finding that the criteria in 40 CFR 300.425(e) are 
satisfied.

A. Site Background

    The Hoechst Celanese Shelby, North Carolina Fiber Operations plant 
is a polyester raw-material production facility. The site consists of a 
450-acre piece of property which includes the main plant production 
area, wastewater treatment area, former waste disposal areas, and 
recreational areas. The plant is located in south-central Cleveland 
County, bordered by Highway 198 to the west and Lavender Road to the 
south, approximately one mile north of Earl and six miles south of 
Shelby.
    Hoechst Celanese has been conducting environmental investigations 
at the Shelby facility since 1981. Remediation and clean-up activities 
based on these investigations have been on-going since 1988. Initially, 
work performed at the facility was conducted on a voluntary basis by 
Hoechst Celanese. The site was later proposed for listing on the NPL 
(National Priorities List) in October of 1984, and work conducted since 
that time has followed the formal RI/FS (remedial investigation/
feasibility study) process under CERCLA. The site was formally placed 
on the NPL in June of 1986.

B. Response Actions Taken at the Celanese Fiber Operations Shelby Site

    A Remedial Investigation of the Celanese Fiber Operations Shelby 
Site was completed in 1987 by Hoechst Celanese, the Potentially 
Responsible Party. Based on data collected during the Remedial 
Investigation, a risk assessment was conducted to identify contaminants 
of concern, potential exposure pathways, and potential human health 
risks resulting from exposure to contaminants found at the Celanese 
Fiber Operations Shelby Site. This risk assessment determined that the 
most significant potential human health risk was exposure to benzene, 
lead, trichloroethylene and chromium through consumption of ground 
water by residents living adjacent to the site.
    Remedial activities conducted at the site have been broken into two 
operable units: Operable Unit 1 (OU-1), consisting of groundwater 
extraction, treatment, and hydraulic control; and, Operable Unit 2 (OU-
2), consisting of removal and treatment of contaminated source areas 
and stream sediments. The site was broken into two operable units 
because of the time involved in conducting pilot studies for the former 
source area remediation. The intent in separating the site into two 
operable units was to begin immediately with groundwater recovery while 
the pilot studies for OU-2 were being conducted.
    The ROD for OU-1 was issued on March 23, 1988. OU-1 construction 
activities began in October of 1988 and the extraction well system was 
placed in operation in August of 1989. An initial Five Year Review 
Report for OU-1 was prepared, and the final report was submitted to the 
EPA on August 8, 1994. OU-1 consists of two groundwater extraction and 
treatment systems identified as the Inner Tier and Outer Tier systems. 
The remedial action objectives for the OU-1 remedy were to control 
further migration of the contaminated groundwater toward the site 
perimeter and to remove contaminated ground water for subsequent 
treatment and discharge.
    The OU-2 ROD was issued on March 28, 1989. OU-2 site development 
activities began in September of 1990 and remediation activities 
continued through August of 1992. An initial Five Year Review Report 
for OU-2 has been prepared, and the final report was submitted to the 
EPA in August of 1995.
    The objectives of the OU-2 remediation were to remove, treat, and 
dispose of the most probable sources of groundwater contamination 
identified during the remedial investigation and additional site 
characterization studies. The identified source areas included buried 
wastes consisting of GRU (glycol recovery unit) sludges, residual burn 
pit materials, and plastic chips. Although not part of the identified 
source area, the OU-2 remedy also included the excavation and treatment 
of a lesser amount of contaminated stream sediments along segments of 
two adjacent, unnamed creeks.
    The OU-2 remedy specified in the ROD did not require ``clean 
closure'' (i.e., complete removal of source material and residual 
contamination). Rather, the easily identified GRU sludges, burn pit 
residuals and plastic chip were excavated, along with obviously 
contaminated soils (based on visual observation), to a depth of at 
least 1 foot below the buried wastes. The specific intent of the OU-2 
remedy was to remove and treat the major source of groundwater 
contamination and thereby enhance the effectiveness of the OU-1 remedy.

C. Areas to be Deleted

    Significant clean-up progress has been made in all areas of the 
site, and deletion of selected parts of the site are intended to 
recognize the clean-up accomplishments to date and to designate 
portions of the site that do not warrant further action under the 
federal Superfund program. In order to convey to the public the 
successful clean up of portions of the Celanese Fiber

[[Page 6509]]

Operations Shelby Site, this petition is being made to delete the 
following operable units or portions of operable units at Shelby:
    (1) Operable Unit 1 Outer Tier Extraction System.
    (2) Operable Unit 2 Former Source Area and Remediated Creeks.
    The petition to delist the Outer Tier portion of OU-1 is based on 
the following evaluation of current conditions:
    (1) No detectable levels of organic constituents were reported as 
present in Outer Tier influent samples or in any off-site domestic 
supply wells during the 1996 sampling events. Based on the groundwater 
monitoring data, the Inner Tier extraction system is effectively 
capturing residual groundwater contamination around the former source 
area. Assuming Outer Tier pumping is discontinued, the improvement in 
water quality around the former source area should continue and may 
also be enhanced because the Outer Tier will no longer be ``pulling'' 
ground water away from the former source area.
    (2) Discontinuing pumping from the Outer Tier will conserve a 
valuable groundwater resource and will allow the potentiometric surface 
along the property boundary to recover. Correspondingly, the hydraulic 
gradients between the Inner and Outer Tier areas will decrease, 
resulting in substantially longer travel times from the former source 
area toward the property boundary. The net effect will be to enhance 
the natural attenuation and bioremediation of any trace concentrations 
of constituents which may still remain in transit in the system.
    (3) The Outer Tier was installed specifically to provide hydraulic 
control along the property boundary to eliminate a hypothetical 
exposure scenario postulated in the endangerment portion of the 
Feasibility Study. As part of a voluntary initiative by Hoechst 
Celanese during the 2nd half of 1995, all off-site, downgradient 
residents were provided with county water for potable purposes, 
domestic supply wells used for potable purposes have been plugged back, 
and the property owners have executed deed restrictions preventing 
future well drilling in the affected area. For all properties, the use 
of groundwater for drinking water purposes is prohibited. A 
toxicological assessment of current off-site conditions has indicated 
acceptable levels of risk, and that the Outer Tier extraction wells 
could safely be shut down.
    The decision to request deletion of the OU-2 portion of the Hoechst 
Celanese Corporation Shelby site is based on the following observations 
and evaluation conducted during the Five Year Review which was 
completed in August of 1995:
    (1) All work at OU-2 was completed in accordance with the 100% 
design report and EPA-approved amendments to the design which occurred 
during implementation.
    (2) During the Five Year Review, no unusual or unsuspected 
operation and maintenance conditions were found, no areas of non-
compliance were identified, and a biological assessment concluded that 
the remediated creeks were rejuvenating. The review concluded that the 
remedy was and continues to be protective of human health and the 
environment.
    (3) Deleting the former source area is appropriate because all 
CERCLA response activities have been completed in those areas of OU-2 
where soil contamination exceeded the clean-up goals.
    The petition for partial deletion of OU-1 pertains only to the 
Outer Tier extraction well system and associated ground-water treatment 
system. This partial deletion does not include the remaining portions 
of OU-1 (i.e. The Inner Tier extraction and treatment system). The 
ground-water unit will remain on the NPL and treatment will continue 
until a determination by EPA and DEHNR, that all appropriate actions 
under CERCLA have been completed to protect human health, welfare and 
the environment related to residual groundwater contamination at the 
site.
    Groundwater quality will be monitored quarterly to verify that 
response actions taken will prevent groundwater contaminants from 
reaching the property boundary at concentrations which exceed the 
Federal MCLs or North Carolina Groundwater Protection Standards. Should 
the monitoring indicate any potential problem with, or failure of, the 
remedy, the Outer Tier wells can be reactivated to once again provide 
hydraulic control along the property boundary.
    A revised groundwater monitoring program was implemented at the 
Celanese Fiber Operations Shelby Site during the 1st Quarter of 1996. 
This program was proposed in the 1995 Annual Operating Status Report 
for Operable Unit 1, and was approved upon review by the EPA and DEHNR. 
Hoechst Celanese will continue to collect samples in accordance with 
the current sampling matrix and the approved Sampling & Analysis Plan. 
Monitoring data and operating status reports for the Inner Tier 
remediation will continue to be submitted semiannually in accordance 
with the currently approved reporting schedule.

D. Community Involvement

    During the remedial activities at the Site, EPA kept the community 
informed of site activities primarily through fact sheets, public 
meetings, and newspaper articles. Public meetings were held by the EPA 
to present the RI/FS Work Plan (September 24, 1985), the results of the 
Remedial Investigation (July 21, 1987), the results of the OU-1 
Feasibility Study (February 2, 1988), and the OU-2 Feasibility Study 
(February 16, 1989). Public comments received during the comment period 
were considered and addressed in the Responsiveness Summaries attached 
to each respective ROD.

E. Current Status

    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``Responsible parties or other persons 
have implemented all appropriate response actions required.'' EPA, with 
concurrence of DEHNR, believes that this criterion for deletion has 
been met for the OU-1 Outer Tier and for OU-2. Groundwater quality will 
be monitored quarterly to verify that response actions taken will 
prevent groundwater contaminants from reaching off-site areas at 
concentrations which exceed the Federal MCLs or North Carolina 
Groundwater Protection Standards. Five-year reviews will be conducted 
by EPA to evaluate trends in ground-water quality until it has been 
determined that clean-up goals have been met for the groundwater around 
the former source area and that additional groundwater monitoring is 
not necessary.
    While EPA does not believe that any future response actions at OU-1 
Outer Tier or at OU-2 will be needed, if future conditions warrant such 
action, the proposed deletion areas of the Celanese Fiber Operations 
Shelby site remain eligible for future Fund-financed response actions. 
Furthermore, this partial deletion does not alter the status of the OU-
1 Inner Tier extraction well system portion of the Site which is not 
proposed for deletion and will remain on the NPL.
    EPA, with concurrence from the State of North Carolina DEHNR, has 
determined that all appropriate CERCLA response actions have been 
completed at OU-1 Outer Tier and OU-2 at the Hoechst Celanese Fiber 
Operations Shelby site and protection of human health and the 
environment has been achieved in this area. Therefore, EPA makes this 
proposal to delete OU-2 and only OU-1 Outer Tier of the Hoechst

[[Page 6510]]

Celanese Fiber Operations Shelby Superfund site from the NPL.

    Dated: January 23, 1998.
A. Stanley Meiburg,
Deputy Regional Administrator, Environmental Protection Agency, Region 
4.
[FR Doc. 98-3041 Filed 2-6-98; 8:45 am]
BILLING CODE 6560-50-P