[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49503-49505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20318]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6848-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final deletion of the Palmetto Recycling Site from the 
National Priorities List (NPL).

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SUMMARY: EPA Region IV announces the deletion of the Palmetto Recycling 
Site (Site) from the National Priorities List (NPL) and requests public 
comment on this 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 of 1980, as amended (CERCLA). EPA and the South Carolina 
Department of Health and Environmental Control (SCDHEC) have determined 
that the Site poses no significant threat to public health or the 
environment and therefore, further response measures pursuant to CERCLA 
are not appropriate.

DATES: This ``direct final'' action will be effective October 13, 2000 
unless EPA receives significant adverse or critical comments by 
September 13, 2000. If adverse comments are received, EPA will publish 
a timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to Yvonne Jones, (4WD-NSMB) 
Remedial Project Manager, U.S. Environmental Protection Agency, 61 
Forsyth Street, Atlanta, Georgia 30303, (404) 562-8793, Fax (404) 562-
8778, email [email protected]. Comprehensive information on this 
Site is available through the public docket which is available for 
viewing at the Site Information Repositories at the following 
locations: U.S. EPA Region IV, Administrative Records, 61 Forsyth 
Street, Atlanta, Georgia 30303, (404) 562-8862 and the Northeast 
Regional Library, 7490 Parklane Road, Columbia, South Carolina 29223.

FOR FURTHER INFORMATION CONTACT: Yvonne Jones, (4WD-NSMB) Remedial 
Project Manager, U.S. Environmental Protection Agency, 61 Forsyth 
Street, Atlanta, Georgia 30303, (404) 562-8793, Fax (404) 562-8778, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The EPA Region IV announces its deletion of the Palmetto Recycling 
Site, Columbia, Richland County, South Carolina, from the NPL, Appendix 
B of the NCP, 40 CFR part 300. 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. EPA and 
SCDHEC have determined that the remedial action for the Site has been 
successfully executed. EPA will accept comments on this notice thirty 
days after publication of this notice in the Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures that EPA is 
using for this action. Section IV discusses the history of the Palmetto 
Recycling Site and explains how the Site meets the deletion criteria. 
Section V states EPA's action to delete the Site from the NPL unless 
dissenting comments are received during the comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that sites may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a site 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 parties have implemented all 
appropriate response actions required; or
    (ii) All appropriate response under CERCLA has been implemented, 
and no further action by responsible parties is appropriate; or
    (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.
    Even if a site is deleted from the NPL, where hazardous substance, 
pollutants, or contaminants 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 to ensure 
that the site remains protective of public health and the environment. 
In the case of this Site, no hazardous substances remain on-site above 
health-based levels that prevent unlimited use and unrestricted 
exposure. Therefore, a five-year review is not required. However, 
although contaminants are not impacting the groundwater at the Site, 
groundwater monitoring is required by the Record of Decision to confirm 
that the remedy remains effective at protecting human health and the 
environment. Therefore, EPA will conduct a five-year review for the 
Site to summarize the data obtained from groundwater monitoring. If new 
information becomes available that indicates a need for further action, 
EPA will initiate remedial actions. Whenever there is a significant 
release from a site deleted from the NPL, the site shall 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) All appropriate response under CERCLA has been 
implemented and no further action by EPA is appropriate; (2) SCDHEC 
concurred with the proposed deletion decision; (3) A notice has been 
published in the local newspaper and has been distributed to 
appropriate federal, state, and local officials and other interested 
parties announcing the commencement of a 30-day dissenting public 
comment period on EPA's Direct Final Action to Delete; and, (4) All 
relevant documents have been made available for public review at the 
local Site information repositories. EPA is requesting only dissenting 
comments on the Direct Final Action to Delete.
    For deletion of the Site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Final Notice before making a final 
decision to delete. If necessary, the Agency will prepare a 
Responsiveness Summary, responding to each significant comment 
submitted during the public comment period. Deletion of the Site from 
the NPL does not itself create, alter, or revoke any individual's 
rights or obligations and does not preclude eligibility for future 
response actions. The NPL is designed primarily for informational 
purposes and to assist Agency management. As mentioned in section II of 
this document, Sec. 300.425(e)(3) of the NCP

[[Page 49504]]

states that the deletion of a site from the NPL does not preclude 
eligibility for future response actions.

IV. Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

A. Site Background and History

    The Palmetto Recycling Site is located off Koon Store Road about 8 
miles north of Columbia, Richland County, South Carolina. The Site 
occupies approximately one and one half acres and is bounded on the 
north by an unnamed tributary of Dry Fork Creek and on the east by Babe 
Reeves Road. To the west and south of the site are residential areas 
interspersed with light commercial operations.
    Palmetto Recycling, Inc. purchased the property in 1979 to operate 
a battery recycling company. It is unknown what activities occurred at 
the Site prior to 1979. From 1979 to 1983, the facility was involved in 
the reclamation of lead from batteries. Specific neutralization process 
details are unknown, but at some point, Palmetto Recycling started 
discharging wastewater to the local sewer system. After discharging 
wastewater for an unknown period of time, Palmetto Recycling attempted 
to obtain a discharge permit. In 1981, SCDHEC denied applications by 
Palmetto Recycling, Inc. to operate a hazardous waste facility and to 
transport hazardous wastes. After permit applications were denied, some 
waste liquids were sent off-site to an acid recycler and some were 
disposed of on-site.
    In the early 1980's, a study conducted by SCDHEC identified 
elevated concentrations of lead and iron in the groundwater samples 
collected next to the sump. High levels of lead, barium, and chromium 
were found in the sediment from the unnamed stream that runs north of 
the Site. The investigation also revealed the presence of elevated 
concentrations of lead in on-site soils. SCDHEC noted the presence of a 
five-foot deep, unlined acid pit containing 1,800 gallons of acid waste 
at the Site, as well as 100 drums of caustic waste and an unstabilized 
pile of battery casings.
    On February 11, 1983, Palmetto Recycling filed for bankruptcy and a 
trustee was appointed to provide oversight of cleanup activities. In 
1984, Palmetto Recycling employees removing equipment from the Site 
destroyed a section of the roof covering the on-site collection sump 
that collected wastewater containing lead oxide and sulfuric acid from 
the wash process. As a result of this incident, sump water percolated 
through soils adjacent to the pit area. Three removal actions were 
taken at the Site to address immediate health and environmental risks. 
On April 25, 1984, 10,800 gallons of contaminated water were collected 
and taken to a qualifying facility. In April 1984, SCDHEC informed the 
bankruptcy trustee that additional measures would be necessary to bring 
the Site under control. Later in 1984, contractors removed and disposed 
off-site approximately 100 drums containing liquid caustic waste. On 
October 2, 1985, SCDHEC authorized another contractor to remove site 
soils contaminated with lead and chromium. A total of 365 tons of soils 
were removed from various areas on-site and from locations outside the 
fenced area and placed in off-site landfills during 1985 and 1986. On 
October 4, 1989, the Site was placed on the National Priorities List 
(NPL).
    In 1992, EPA negotiated with parties it had identified as 
Potentially Responsible Parties (PRPs) for the Site to conduct the 
Remedial Investigation/Feasibility Study (RI/FS). An agreement was not 
reached between EPA and the parties. Therefore, EPA conducted RI Field 
activities at the Site from April 1993 through July 1994. The FS was 
completed in November 1994.
    Based on the results of the RI/FS reports and the risk assessment, 
surface soil was the only medium of concern and lead was the only 
contaminant of concern. Lead levels in soil ranged from 6.3 parts per 
million (ppm) to 6,400 ppm. The cleanup level for lead contaminated 
soils of 400 ppm was established to minimize site risks and ensure 
future protection of groundwater. In March 1995, EPA issued a Record of 
Decision (ROD) for the Site which selected excavation and off-site 
disposal of all soil contaminated with lead above the concentration 
level of 400 ppm. In addition, the ROD required the collection of 
additional confirmation samples from adjacent residential yards and 
from Babe Reaves Road to confirm the absence or presence of soil 
contamination through off-site migration. Groundwater was no longer 
impacted. However, groundwater monitoring will continue on an annual 
basis to confirm that the remedy continues to be effective at 
protecting human health and the environment. The selected remedy 
eliminated the principal threat posed by conditions at the Site by 
reducing the potential for human exposure to high concentrations of 
lead (i.e., greater than the clean-up level of 400 ppm).
    In May 1997, a Consent Decree was signed between the United States 
and one PRP. A Remedial Design for the specific remedial actions was 
approved by EPA and the South Carolina Department of Health and 
Environmental Control in April 1998. From November 1998 through January 
1999, several components of the Remedial Action were implemented that 
included verification sampling and analysis, monitoring well 
abandonment, a structural inspection, an asbestos survey analysis, 
approval of backfill material and permitting activities. The 
verification sample test results, together with previous RI and 
Remedial Design (on-site and residential) test results, were used to 
further refine excavation boundaries and confirm that residential 
properties were not contaminated. Sample results showed that lead 
levels in the adjacent residential yard were below 400 ppm. Revised 
(reduced) excavation boundaries based on this data were approved by EPA 
and SCDHEC on December 24, 1998. Between January 11, 1999 and February 
3, 1999, a total of 363 drums of Investigation Derived Waste (IDW) type 
waste were appropriately segregated, characterized and removed off-site 
to a RCRA qualifying facility. In addition, approximately 6,500 gallons 
of liquid IDW were removed off-site to a qualifying publicly owned 
treatment works.
    Soil excavation activities began on January 12, 1999. Approximately 
947 cubic yards of soil were excavated down to one-foot and removed 
from the Site. After excavation was completed in each area, a post-
excavation survey was performed to verify removal of the top one-foot 
of soil. Excavated soil and sediment were transported to and treated/
disposed at a qualifying Resource Conservation and Recovery Act (RCRA) 
facility. Backfilling the Site with clean backfilled material provided 
further assurance that the Site no longer poses any threats to human 
health or the environment. Construction activities were concluded on 
February 3, 1999.
    Although contaminants are not impacting the groundwater at the 
Site, groundwater monitoring is required by the Record of Decision to 
confirm that the remedy remains effective at protecting human health 
and the environment.
    The cleanup levels established in the Record of Decision for soil 
have been met. In addition, current groundwater monitoring indicates 
that the groundwater concentrations for lead are below the health-based 
level of 15 parts per billion (ppb). The concentration levels detected 
during groundwater

[[Page 49505]]

monitoring range from non-detect to 3.2 ppb. Thus, no hazardous 
substances remain on-site above health-based levels that prevent 
unlimited use and unrestricted exposure. Therefore, a five-year review 
is not required. However, as required by the ROD and at the request of 
SCDHEC, EPA will conduct a five-year review to assess the continued 
effectiveness of the remedial action and to summarize the data obtained 
from groundwater monitoring.

V. Action

    The remedy selected for this Site has been implemented in 
accordance with the Record of Decision. Therefore, no further response 
action is necessary. The remedy has resulted in the significant 
reduction of the long-term potential for release of contaminants, 
therefore, human health and potential environmental impacts have been 
minimized. EPA and SCDHEC find that the remedy implemented continues to 
provide adequate protection of human health and the environment.
    SCDHEC concurs with EPA that criteria for deletion of the Site have 
been met. Therefore, EPA is deleting the Site from the NPL.
    This action will be effective October 13, 2000. However, if EPA 
receives dissenting comments by September 13, 2000, EPA will publish a 
document that withdraws this action.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous Waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, water supply.

    Dated: July 31, 2000.
Michael V. Peyton,
Acting Regional Administrator, US EPA Region IV.

    Part 300, title 40 of chapter I of the Code of Federal Regulations 
is amended as follows:

PART 300--[AMENDED]

    1. The authority citation for Part 300 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp.; p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp.; p. 193.

Appendix B--[Amended]

    2. Table 1 of appendix B to part 300 is amended by removing the 
entry for ``Palmetto Recycling Inc., Columbia, SC.''

[FR Doc. 00-20318 Filed 8-11-00; 8:45 am]
BILLING CODE 6560-50-P