[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Rules and Regulations]
[Pages 28093-28096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12703]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6965-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule; deletion of the Gulf Coast Vacuum Services 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final rule of deletion of the Gulf Coast Vacuum 
Services Superfund Site (Site), located in Vermilion Parish, Louisiana 
from the National Priorities List (NPL). The NPL, promulgated pursuant 
to section 105, 42 U.S.C. 9605(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is found at appendix B of 40 CFR part 300 of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). This direct 
final rule of deletion is being published by the EPA with the 
concurrence of the State of Louisiana, through the Louisiana Department 
of Environmental Quality (LDEQ), because the EPA has determined that 
all appropriate response actions under CERCLA have been completed and, 
therefore, further remedial action pursuant to CERCLA is not 
appropriate.

DATES: This direct final rule of deletion will be effective July 23, 
2001 unless the EPA receives adverse comments by June 21, 2001. If 
adverse comments are received, the EPA will publish a timely withdrawal 
of the direct final rule of deletion in the Federal Register informing 
the public that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Ms. Beverly Negri, Community 
Involvement Coordinator (6SF-PO), U.S. EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, (214) 665-8157 or 1-800-533-3508.
    Comprehensive information about the Site is available for viewing 
and copying at the Site information repositories located at: U.S. EPA 
Region 6 Library, Suite 12D13, 1445 Ross Avenue, Dallas, Texas 75202-
2733, (214) 665-6524, Monday through Friday 7:30 a.m. to 4:30 p.m.; 
Vermilion Parish Library, 200 North Magdalen Square, Abbeville, 
Louisiana, 75011, (318) 893-2674, Monday and Thursday 9:00 a.m. to 8:00 
p.m., Tuesday, Wednesday, and Friday 9:00 a.m. to 5:30 p.m., and 
Saturday 9:00 a.m. to 1:00 p.m.; and Louisiana Department of 
Environmental Quality, 7290 Bluebonnet Road, Baton Rouge, Louisiana 
70809, (225) 765-0487, Monday through Friday 8:00 a.m. to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mrs. Katrina Coltrain, Remedial 
Project Manager (6SF-LP), U.S. EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, (214) 665-8143 or 1-800-533-3508.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 6 is publishing this Direct Final Notice of Deletion of 
the Gulf Coast Vacuum Services Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions, if 
conditions at a deleted site warrant such action.
    Because the EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective July 23, 2001 unless 
the EPA receives adverse comments by June 21, 2001 on this rule. If 
adverse comments are received within the 30-day public comment period 
on this rule, the EPA will publish a timely Withdrawal of this Direct 
Final Rule of Deletion before the effective date of the deletion, and 
said deletion will not take effect. The EPA

[[Page 28094]]

will, as appropriate, prepare a response to comments and continue with 
the deletion process on the basis of the proposed Notice of Intent to 
Delete and the comments already received. There will be no additional 
opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that the EPA is 
using for this action. Section IV discusses the Gulf Coast Vacuum 
Services Superfund Site and demonstrates how it meets the deletion 
criteria. Section V discusses the EPA's action to delete the Site from 
the NPL unless adverse comments are received during the public comment 
period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP 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, the 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 (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further response 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, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA section 
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site 
be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, the EPA 
may initiate remedial actions. Whenever there is a significant release 
from a site deleted from the NPL, the deleted site may be restored to 
the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the State of Louisiana on the deletion 
of the Site from the NPL prior to developing this Direct Final Rule of 
Deletion.
    (2) The State of Louisiana concurred with deletion of the Site from 
the NPL.
    (3) Concurrently with the publication of this Direct Final rule of 
Deletion, a parallel proposed Notice of Intent to Delete published 
today in the ``Proposed Rules'' section of the Federal Register is 
being published in a major local newspaper of general circulation at or 
near the Site and is being distributed to appropriate federal, state, 
and local government officials and other interested parties; the 
newspaper notice announces the 30-day public comment period concerning 
this action.
    (4) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period, the EPA will publish a timely notice of Withdrawal of 
this Direct Final rule of Deletion, before its effective date and will 
prepare a response to comments and continue with the deletion process 
on the basis of the proposed Notice of Intent to Delete and the 
comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter the EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist the EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides the EPA's rationale for deleting 
the Site from the NPL:

A. Site Location

    The Site is located 3.5 miles southwest of the town of Abbeville in 
Vermilion Parish, Louisiana, on Parish Road P-7-31, also called Junuis 
Road. The Site occupies approximately 12.8 acres, and is bounded to the 
north and west by pasture land and to the east and south by the D.L. 
Mud Superfund Site and the LeBoeuf Canal. Areas adjacent to the Site 
are used as pasture land for grazing cattle and for other agricultural 
uses, predominantly rice, sugar-cane, and soybean crop raising. Ten 
residences are located within \1/2\ mile of the Site on Parish Road P-
7-31 and Route 335, the nearest being on the southeast site boundary. 
Because these homes are outside the corporate limits of Abbeville, 
residents in the area rely on ground water for their drinking water and 
for irrigation.

B. Site History

    The Site was a vacuum truck and oilfield drilling mud plant 
operation from approximately 1969 to 1980. During the period that the 
facility was in operation, unpermitted disposal of contaminated organic 
and inorganic materials, primarily oil industry-related waste, occurred 
in several open pits. Gulf Coast Vacuum Services and its predecessors 
used the property as a trucking terminal and disposal facility for 
materials and wastes generated from oil and gas exploration and 
production. Vacuum trucks were rinsed out in several on-site pits, 
while unpermitted disposal of contaminated material and waste also 
occurred. Primary hazardous substances at the Site were organic 
compounds such as benzene, carcinogenic polyaromatic hydrocarbons 
(PAHs), and metals such as arsenic and barium.
    The EPA performed three Removal Actions at the Site prior to the 
initiation of a Remedial Action (RA). The purpose of these Removal 
Actions was to prevent contaminated rainwater, which accumulated on top 
of the sludge pits, from overflowing onto adjacent agricultural fields. 
These removals were conducted in March through April 1990, February 
through March 1991, and in April 1992. During each Removal Action, 
approximately 800,000 gallons of water were pumped, treated, and 
discharged. In addition, during the 1990 and 1992 removal actions, 
fencing around the pit areas was installed.
    The EPA performed the Remedial Investigation (RI) of the Site from 
November 1990 through March 1992. Various heavy metal and PAH 
contaminants were detected at levels on-site that measured above 
health-based standards.
    In July 1992, the EPA released the RI Report and the Feasibility 
Study (FS). The RI Report included all RI sampling results. The FS 
provided an in-depth analysis of remedial alternatives, which included 
on-site and off-site treatment alternatives such as incineration, on-
site and off-site containment alternatives such as disposal and 
capping, and a ``no action'' alternative. The FS concluded that a ``no 
action'' alternative at the Site could result in a potential health 
threat to the public, through dermal contact with contaminated soils 
and sludges, and a potential health threat to nearby residents, who 
rely on ground water for their drinking water.

[[Page 28095]]

    The EPA, in consultation with the LDEQ, signed two Records of 
Decision (ROD) on September 30, 1992. The Operable Unit 2 (OU2), 
Interim Source Control ROD, designed to address the short-term, 
immediate exposure risks associated with rainwater overflow from the 
pits, called for treatment of contaminated rainwater to LDEQ surface 
discharge standards, the consolidation of the Washout Pit into the West 
Pit, and the covering of the West Pit.
    The September 1992 Operable Unit 1 (OU1), Final Source Action ROD, 
selected on-site incineration to address the long-term environmental 
and human health risks associated with the organic contaminants on-
site. The OU1 ROD also selected stabilization and solidification of 
inorganic-contaminated soils and residuals of the organic treatment, 
and monitoring of the ground water. The OU1 ROD was amended in May 1995 
(``the Amended ROD'') to change the way in which the organic-
contaminated material was handled. Based on the OU1 ROD and the Amended 
ROD, the Final Source Control remedy for the Site included: on-site 
biological treatment of organic-contaminated pit sludges (surface and 
buried), associated soils and tank contents; stabilization and on-site 
disposal of the treated residuals from the bio-treatment as required to 
meet performance standards for inorganic compounds, and capping with a 
two (2) foot compacted clay cover; on-site stabilization and disposal 
of the Site soils contaminated with metals (inorganics), and capping 
with a two (2) foot compacted clay cover; and institutional controls, 
such as deed notices and long-term monitoring of the ground water.
    One additional performance standard was that the stabilized 
material would have to pass Toxicity Characteristic Leaching Procedure 
(TCLP) requirements using a modified TCLP test (distilled water was 
substituted for the specified acid) and that the leachate from the TCLP 
test would also have to meet Clean Water Act Maximum Contaminant 
Levels.
    The OU2 RD Work Plan submitted by the PRP Group was approved by the 
EPA on September 13, 1993. The OU1 RD Work Plan was approved by the EPA 
on June 2, 1997. These Work Plans detailed the design criteria and the 
steps that would be undertaken to achieve the goals of the Site RODs.
    The OU2 ROD was implemented by a PRP group, consisting of 13 PRPs 
who were directed to do the action through a December 11, 1992, 
Unilateral Administrative Order (UAO). Implementation of the OU2 
Remedial Action (RA) began on September 29, 1993. The OU2 RA work, 
performed in accordance with the UAO Statement of Work and the OU2 RD 
Work Plan, was completed on September 30, 1994. During the OU2 Interim 
Action, approximately 2 million gallons of water were treated and 
discharged, approximately 2,100 cubic yards of contaminated soil were 
moved from the Washout Pit to the West Pit, and the West Pit was 
covered with a synthetic cover. The OU2 remedial action was completed 
on September 30, 1994, the date the EPA approved the OU2 Remedial 
Action Certification Report.
    On June 5, 1995, a Consent Decree (CD) between the EPA and a 
fourteen-member PRP group was entered in Federal District Court. The 
PRP group performed the OU1 activities under this CD and its 
accompanying Statement of Work and the OU1 RD Work Plan. OU1 remedy 
construction began on June 2, 1997. The PRPs conducted the following 
remedial activities: on-site biological treatment of 31,617 cubic yards 
of organic-contaminated pit sludges (surface and buried) and associated 
soils and tank contents; stabilization and on-site disposal (in the 
excavated West Pit and Washout Pit) of 21,347 cubic yards of Site soils 
contaminated with metals (inorganics) and approximately 20,000 cubic 
yards of biological treatment residuals; capping of the stabilized 
material with a two (2) foot compacted clay cover and seeding of the 
cover; fencing of the Site; implementation of deed notices; and ground 
water monitoring.
    Confirmatory samples were taken of all excavated areas of the Site 
to ensure that all materials with concentrations of contaminants higher 
than the health-based Remedial Action Goals (RAGs) had been removed. In 
addition, performance samples were taken to ensure that the bio-
treatment residuals met the RAGs, to show that the stabilized Site 
materials met the TCLP standard, and to show that the stabilized 
material had the physical properties (such as strength) specified in 
the RD work plan.
    A pre-final inspection was conducted on February 19, 1999, and a 
final inspection was conducted on March 11, 1999. The EPA determined 
that the RA was complete during the final inspection, except for the 
submittal of the RA report and the filing of deed notices. The PRP 
group submitted the RA Report for OU1 to EPA on June 11, 1999. This 
report was reviewed by the LDEQ and a representative of the Technical 
Assistance Grant (TAG) group for the Site, and minor adjustments were 
made. Institutional controls, in the form of restrictive covenants were 
filed on September 29, 1999. The EPA approved the RA Report on October 
4, 1999, and issued a Final Close Out Report on March 24, 2000.

C. Characterization of Risk

    The following contaminants were detected in the various Site media 
above health-based standards: Surface Soils--arsenic (2.3-56.7 mg/kg) 
and barium (480-21,400 mg/kg); Sludges--carcinogenic PAHs (.09-7.5 mg/
kg), benzene (7-529 mg/kg); and Ground Water-barium (Non-detect (ND)--
5550 g/L), cadmium (ND-210 g/L), chromium (ND--2580 
g/L), mercury (ND--4.6 g/L), and lead (ND--2580 
g/L).
    The RAGs specified in the OU1 ROD and the Amended ROD are: arsenic, 
16 mg/kg; barium, 5,400 mg/kg, total carcinogenic PAHs, 3 mg/kg; total 
non-carcinogenic PAHs, Hazard Index  1; previously unidentified 
carcinogenic compounds of concern (COCs), residual risk  10-4--10-6 
cumulative risk prior to stabilization and capping; and previously 
unidentified non-carcinogenic compounds of concern, HI  1.

D. Future Activity

    Site Operation & Maintenance (O&M) activities which will be 
performed by the PRP Group include routine Site inspections to ensure 
that the cap on the disposal cells remains intact and maintenance of 
perimeter fencing. These activities are sufficient to maintain the 
protectiveness of the remedy. The PRP group, as agreed upon in the CD 
and accompanying Statement of Work and as detailed in the RA Work Plan 
and the O&M Plan, has assumed all responsibility for O&M at the Site. 
In addition, under the CD, the PRP Group shall perform ground water 
monitoring during the O&M period. Plans for O&M are in place and are 
sufficient to maintain the protectiveness of the remedy. The PRP Group 
is fulfilling its obligation to perform the O&M. All institutional 
controls are also in place, as the Site is fenced and a declaration of 
restrictions was filed with Vermilion Parish on September 29, 1999, 
restricting use of the Site ground water and limiting activities in the 
capped disposal cells.
    Because the implementation of the Site remedies resulted in 
hazardous substances remaining on-site at concentration levels above 
levels that allow for unlimited use and unrestricted exposure (see 
CERCLA section 121(c), 42 U.S.C. 9621(c), and 40 CFR 
300.430(f)(4)(ii)), a review will be conducted at least every five 
years after

[[Page 28096]]

commencement of the Remedial Action to assure that human health and the 
environment are being protected by the response action. The five-year 
reviews will be conducted pursuant to ``Comprehensive Five-Year Review 
Guidance,'' OSWER Directive 9355.7-03B-P, Draft October 1999, or 
whatever EPA guidance is current at the time of the review. All 
response activities have been completed at the Site other than O&M and 
five-year reviews.

E. Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which the EPA relied on 
for recommendation of the deletion from the NPL are available to the 
public in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the State of Louisiana, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA, other than O&M and 
five-year reviews, are necessary. Therefore, the EPA is deleting the 
Site from the NPL.
    Because the EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective July 23, 2001 unless 
EPA receives adverse comments by June 21, 2001. If adverse comments are 
received within the 30-day public comment period on the proposal, the 
EPA will publish a timely Withdrawal of this Direct Final rule of 
Deletion before the effective date of the deletion, and it will not 
take effect, and the EPA will prepare a response to comments and 
continue with the deletion process on the basis of the proposed Notice 
of Intent to Delete and the comments already received. There will be no 
additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Penalties, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

    Dated: March 19, 2001.
Lynda F. Carroll,
Acting Regional Administrator, U.S. EPA, Region 6.

    For the reasons set out in this document, 40 CFR part 300 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 under State of 
Louisiana (``LA'') by removing the site name ``Gulf Coast Vacuum 
Services'' and the city ``Abbeville, Louisiana.''

[FR Doc. 01-12703 Filed 5-21-01; 8:45 am]
BILLING CODE 6560-50-P