[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Proposed Rules]
[Pages 47465-47477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22318]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6429-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the PAB Oil and Chemical Services, 
Inc. superfund site from the National Priorities List and request for 
comments.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 6 
announces its intent to delete the PAB Oil and Chemical Services, Inc. 
Superfund Site (the ``Site'') from the National Priorities List (NPL) 
and requests public comment on this proposed action. All public 
comments regarding this proposed action which are submitted within 30 
days of the date of this notice, to the address indicated below, will 
be considered by EPA. The NPL, promulgated pursuant to section 105 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) of 1980, as amended, 42 U.S.C. 9605, is codified at 
appendix B of 40 CFR part 300 which is the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP). The EPA in consultation 
with the State of Louisiana, through the Louisiana Department of 
Environmental Quality (LDEQ), has determined that no further response 
is appropriate, and that, consequently, the Site should be deleted from 
the NPL.

DATES: Comments should be submitted regarding its proposal to delete 
this Site from the NPL on or before September 30, 1999.

ADDRESSES: Comments may be mailed to: Ms. Janetta Coats, Community 
Involvement Coordinator (6SF-PO), U.S. Environmental Protection Agency, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-7308.

Information Repositories

    Comprehensive information on the Site has been compiled in a public 
deletion docket which may be reviewed and copied during normal business 
hours at the following PAB Oil and

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Chemical Services, Inc., Superfund Site information repositories:

U.S. EPA Region 6 Library (12th Floor), 1445 Ross Avenue, Dallas, Texas 
75202-2733, 1-800-533-3508; and
Vermilion Parish Public Library, 200 N. Magdalen Square, Abbeville, 
Louisiana 70511, (318) 893-2674.

FOR FURTHER INFORMATION CONTACT: Ms. Caroline A. Ziegler, Remedial 
Project Manager (6SF-LP), U.S. Environmental Protection Agency, Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-2178.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

Appendices

A. Site Map
B. Deletion Docket Information

I. Introduction

    This is the Region 6 Notice of Intent to Delete (NOID) the Site 
from the NPL. The NPL is the list, compiled by EPA pursuant to CERCLA 
section 105, of uncontrolled hazardous substance releases in the United 
States that are priorities for long-term remedial evaluation and 
response. As described in 40 CFR 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 consider comments concerning this NOID which are 
submitted within thirty days of the date of this NOID. The EPA has also 
published a notice of the availability of this NOID in a major local 
newspaper of general circulation at or near the Site.
    Section II of this NOID explains the NCP criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the PAB Oil and Chemical 
Services, Inc., Superfund Site and explains that the Site meets the NCP 
deletion criteria.

II. NPL Deletion Criteria

    The NCP, at 40 CFR 300.425(e), provides that releases may be 
deleted from the NPL where no further response is appropriate. In 
making a determination to delete a release from the NPL, EPA shall 
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 1 response under 
CERCLA has been implemented, and no further action by responsible 
parties is appropriate; or
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    \1\ The ``Fund'' referred to here is the Hazardous Substance 
Superfund established by section 9507 of the Internal Revenue Code 
of 1986.
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    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
taking of remedial measures is not appropriate.
    If, at the site of a release, EPA selects a remedial action that 
results in any hazardous substances, pollutants, or contaminants 
remaining at the site, CERCLA subsection 121(c), 42 U.S.C. 121(c), 
requires that EPA review such remedial action no less often than each 
five years to assure that human health and the environment are being 
protected by the remedial action. Since hazardous substances will 
remain at the Site,2 EPA shall conduct such reviews. If new 
information becomes available which indicates a need for further 
action, EPA may initiate remedial actions. Whenever there is a 
significant release from a site deleted from the NPL, the site may be 
restored to the NPL without application of the Hazard Ranking 
System.3
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    \2\ Hazardous substances remain on the Site under a multi-layer 
soil cap which covers approximately seven acres of the Site. EPA 
considers the cap to be protective; nonetheless, since hazardous 
substances will remain on the Site, EPA must conduct the CERCLA-
required five-year reviews.
    \3\ The Hazardous Ranking System is the method used by EPA to 
evaluate the relative potential of hazardous substance releases to 
cause health or safety problems, or ecological or environmental 
damage.
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III. Deletion Procedures

    The EPA followed these procedures regarding the proposed deletion:
    (1) EPA Region 6 made a determination that no further response 
action is appropriate and that the Site may be deleted from the NPL;
    (2) EPA has consulted with LDEQ, and by letter dated July 14, 1999, 
LDEQ concurred in EPA's deletion decision;
    (3) EPA has published, in a major local newspaper of general 
circulation at or near the Site, a notice of availability of the NOID, 
which includes an announcement of a 30-day public comment period 
regarding the NOID, and EPA distributed the NOID to appropriate State, 
local and Federal officials, and to other interested parties; and,
    (4) EPA placed copies of information supporting the proposed 
deletion (i.e., the public deletion docket) in the Site information 
repositories (the locations of these repositories are identified 
above).
    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 informational purposes and to assist EPA management. As 
mentioned in Section II of this Notice, 40 CFR 300.425(e)(3) of the NCP 
states that the deletion of a site from the NPL does not preclude 
eligibility of the site for future response actions.
    The EPA Region 6 will accept and evaluate public comments on this 
NOID before making a final decision to delete. If necessary, EPA will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    Deletion of the Site from the NPL will occur when the EPA Regional 
Administrator places a final notice in the Federal Register. Generally, 
the NPL will reflect deletions in the final update following the NOID. 
Public notices and copies of the Responsiveness Summary will be made 
available to local residents upon request to the EPA Remedial Project 
Manager, Caroline Ziegler, at the address listed above. These will also 
be placed in both repository locations listed above, where they can be 
obtained by request.

IV. Basis for Intended Site Deletion

    The following information provides the EPA's rationale for the 
proposal to delete the Site from the NPL.

A. Site Location

    The Site is located approximately three miles north of Abbeville, 
Louisiana, adjacent to U.S. Route 167, in Vermilion Parish. The site 
encompasses approximately 16.7 acres of land located in a generally 
rural area. Adjacent properties are used primarily for livestock 
grazing and crops. Residential properties are situated sparsely along 
U.S. Route 167 west of the site and Parish Road.
    The majority of the Site had consisted of disposal pits/ponds and 
related berms or levees. The pits contained solid and/or liquid wastes 
that had the potential to migrate into the surrounding environment. The 
pits extended to within less than ten feet of a ground water-bearing 
zone in the area, the Upper Chicot Aquifer. Hazardous substances 
present in the pits, could have migrated into the Upper Chicot Aquifer. 
There are more than fifty-five residential wells within \1/2\ mile of 
the Site used for drinking water and agricultural purposes.

B. Site History

    The Site was used for the disposal of oil and gas exploration and 
production wastes including drilling muds, drilling fluids and produced 
waters between

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1979 and 1983. The Site consisted of three impoundments or pits that 
were used to receive the drilling wastes: Northwest, Northeast and 
South pits. The pits are believed to have been operated in series--
where the solids would settle out, oil would be skimmed off and the 
remaining water flowed to the next pit through connecting piping. The 
series began in the Northwest pit and ended in the South pit. The Site 
also contained one other impounded area called the Saltwater Pond. This 
area was used to receive produced water (i.e., production waters 
generated from oil field activites) and the residual water from the 
South pit during the years of operation.
    In June, 1980, a citizen's complaint of discharge from the site to 
an off-site drainage ditch led to site identification by EPA. As a 
result, site inspections were conducted by EPA, the Louisiana 
Department of Natural Resources (LDNR) and the Louisiana Department of 
Environmental Quality (LDEQ), including initial preliminary 
assessments, sampling inspections and expanded site inspections during 
the time period between 1980 and August 1987. Significant inorganic 
contamination was found at the Site. The main contaminants included 
arsenic, barium, cadmium, chromium, copper, lead, mercury, zinc, 
benzene, xylene, naphthalene, 
2-methylnaphthalene, fluorene, phenanthrene, and pyrene. Based in part 
on the findings from these investigations, the site was proposed to the 
Superfund National Priorities List (NPL) in June, 1988. The Site was 
finalized on the NPL in March, 1989, 54 FR 13296, as set forth at 40 
CFR part 300, appendix B.
    An emergency removal action was conducted by the Potentially 
Responsible Party (PRP) group in accordance with an Administrative 
Order on Consent (AOC), effective date October 8, 1991. Four tanks were 
present on site and were the target of the removal action. Three of the 
four tanks were located in a bermed area near the Northwest pit and the 
fourth tank was located at the northwest corner of the Saltwater Pond. 
Two of the larger tanks in the bermed area contained only minor amounts 
of material, but the third tank contained an estimated 10,500 gallons 
of an oil and waste mixture. The ``oil'' phase of this waste mixture 
had a measured flash point of 90  deg.F. Materials with flash points 
below 140  deg.F are potential fire or explosion threats. In the event 
of tank collapse, fumes from a fire or explosion could drift off-site. 
There are residences nearby and a highway borders the Site. In 
addition, the tank contents could flow through breaks in the dikes into 
the saltwater pond and via surface drainage into the nearby irrigation 
canals, resulting in the potential for direct human contact. The fourth 
tank had a capacity of about 250 gallons and reportedly contained about 
85 gallons of sludge/oil mixture and a thin layer of oil on top. 
Analysis of the contents of this fourth tank indicated the presence of 
the following parameters: chromium, lead, benzene, xylene, naphthalene 
and toluene. All of these substances are listed in 40 CFR Table 302.4 
as hazardous substances. It was deemed necessary to perform the removal 
action due to the potential for release of these hazardous substances 
to the environment. The removal action was deemed complete by EPA in 
February 1992.
    Remedial Investigation (RI) field activities for the Site were 
conducted from January, 1991 through October, 1991 and the final report 
was issued in February, 1993. In association with the RI activities, a 
baseline risk assessment was prepared to evaluate the potential adverse 
health effects resulting from human exposure to hazardous substances 
found to be present at the site. In addition, an environmental baseline 
risk assessment was conducted to evaluate risks to environmental 
species.
    The main site features or potential contaminant source areas that 
were identified and investigated as part of the RI field activities 
include three open waste impoundments or pits and their associated 
berms, another impounded area referred to as the Saltwater Pond, four 
aboveground storage tanks and their associated underlying soils, site 
drainage/runoff areas, an adjacent abandoned canal which borders the 
eastern edge of the site and other areas of suspected waste dumping. 
Additionally, on-site and off-site subsurface geologic and 
hydrogeologic conditions and contaminant impacts to groundwater were 
investigated through drilling of soil borings and the installation of 
groundwater monitoring wells. The result of the investigation indicated 
that the principal concerns were from contaminated sludges, soil and 
sediments, surface water, and to a lesser extent, ground water.
    The EPA issued a Record of Decision (ROD) 4 on September 
22, 1993. The selected remedy called for removal and on-site treatment 
of surface water; excavation and biological treatment of organic 
sludge, soil and sediment; solidification/stabilization of biologically 
treated residuals to address inorganic contamination and any remaining 
organic contaminants; final disposal of treated residuals in an on-site 
disposal unit; long-term ground water monitoring and long-term site 
operation and maintenance. The estimated cost of the cleanup was $13 
million including annual operation and maintenance costs.
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    \4\ EPA's Record of Decision documents the selection of the 
remedial alternative which will be used to cleanup the site in 
question.
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    The biological treatment portion of the originally prescribed 
remedy was to treat all carcinogenic polycyclic aromatic hydrocarbons 
(cPAHs) in soils and sludges to below the established Remedial Action 
Objective (RAO) of 3 ppm. During pre-design investigation activities, 
new EPA-approved laboratory procedures for cPAHs which were not 
previously available during Remedial Investigation and Feasibility 
Study (RI/FS) activities were used to test the soils and sludges. The 
analytical data from this testing, which took place in 1993 and 1995, 
showed that all cPAHs in the site soils and sludges were below the RAO 
of 3 ppm. Biological treatment, therefore, was deemed unnecessary as 
part of the remedial action. All aspects of the remedy remained the 
same, with the exception of biological treatment, resulting in a cost 
savings of approximately $4 million dollars. This change to the remedy 
was made and documented in the Explanation of Significant Differences 
(ESD) signed by EPA on March 12, 1997.
    On September 27, 1994, EPA issued a Unilateral Administrative Order 
(UAO) for Remedial Design and Remedial Action. It also included the 
performance of operation and maintenance subsequent to completion of 
implementation of the remedy. Under the terms of the UAO, the PRP 
group, known as PAB Site Remediation Group, L.L.C. (PAB Group) 
conducted the remedial action with EPA oversight. The remedial action 
began in June, 1997 with the site mobilization and ended in June, 1998 
with the completion of capping, grading and revegetation.
    Dewatering and backfilling of the Saltwater Pond began soon after 
site mobilization. Approximately six million gallons of water were 
removed from this large pond; all of the water was treated in an 
electro-precipitation unit and tested for the discharge standards prior 
to being discharged into a drainage ditch which leads to the drainage 
system along Highway 167.
    The pond bottom sediment was sampled and tested for both total 
arsenic and barium, as well as for PAHs. Some of the samples exceeded 
the RAOs of 5,400 ppm for barium and 10 ppm for arsenic. Therefore, the 
top six inches of

[[Page 47468]]

the entire saltwater pond bottom was removed, and this material was 
incorporated into the soils/sludges that were being treated by 
solidification/stabilization in the pit area. Approximately 7,000 cubic 
yards of this material were treated. The entire area was then brought 
up to grade with clean backfill and revegetated with grass seed.
    The major component of the remedial program was to stabilize/
solidify the sludge pit material. The contaminated soils and sludges 
were combined with reagent materials including cement, ferrous sulfate, 
and organophyllic clay in order to achieve the main performance 
standards which included an unconfined compressive strength exceeding 
50 psi and Toxicity Characteristic Leaching Procedure (TCLP) values for 
arsenic and barium of less than 0.05 ppm and 2.0 ppm, respectively. 
Once the treated material was tested and found to meet these standards, 
it was placed back into the pit area for final disposal, after 
verification sampling of the pit bottoms was conducted and found to be 
free of contamination. A total of approximately 25,000 cubic yards of 
material was treated in this manner. Once the pits were filled up with 
treated material, all of the pits were brought up to grade and the low 
permeability cap was installed according to the approved grading 
specifications. A topsoil layer was then applied, and the area was 
revegetated with grass seed.
    The cleanup levels and all cleanup actions and other measures 
identified in the ROD were met by the successful implementation of the 
remedial action. The constructed remedies are operational and 
performing according to engineering specifications. The EPA and the 
LDEQ have determined that the remedy, which includes long-term 
groundwater monitoring as well as an inspection and maintenance program 
for the Site, is performing as designed, and is operational and 
functional. No additional treatment or other measures to restore 
ground-or surface-water quality have been identified as being required.

C. Characterization of Risk

    Continued monitoring of groundwater demonstrates that no 
significant risk to public health or the environment is posed by the 
hazardous materials remaining at the Site. Based on the successful 
remedial actions addressing the hazardous materials onsite, the 
monitoring results of operation and maintenance (O & M) activities to 
date, and the public health consultation by the Agency for Toxic 
Substances and Disease Registry (ATSDR), EPA verifies the implemented 
Site remedy is protective of human health and the environment.

D. Community Involvement

    As required in CERCLA section 113(k)(2)(B)(i-v) and 117, public 
participation activities for this site were met by holding open houses 
and public meetings and by mailing fact sheets. The EPA conducted 
numerous open houses and informal meetings prior to remedy selection. 
Community interest in the site has been relatively low. At the November 
8, 1997 community open house, EPA reported on the progress of the 
remedial action underway at that time. The majority of the people 
attending were pleased with the site status. There were no complaints 
or opposition.
    Documents in the deletion docket on which EPA relied for 
recommendation of the Site deletion from the NPL have been made 
available to the public in the two information repositories, the 
location of which is identified above.

E. Proposed Action

    In consultation with the LDEQ, EPA has concluded that responsible 
parties have implemented all appropriate response actions required at 
the Site (neither the CERCLA-required five-year reviews, nor operation 
and maintenance of the constructed remedy is considered further 
response action for these purposes), that all appropriate Fund-financed 
response actions under CERCLA have been implemented, and that no 
further response action by responsible parties is appropriate.
    Moreover, EPA, in consultation with LDEQ, has determined that Site 
investigations show that the Site now poses no significant threat to 
public health or the environment. Consequently, EPA proposes to delete 
the Site from the NPL.

    Dated: August 16, 1999.
Jerry Clifford,
Deputy Regional Administrator, Region 6.

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[FR Doc. 99-22318 Filed 8-30-99; 8:45 am]
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