[Federal Register Volume 66, Number 217 (Thursday, November 8, 2001)]
[Rules and Regulations]
[Pages 56484-56486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7088-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Deletion of the ICG Iselin Railroad Yard Site from 
the National Priorities List (NPL).

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SUMMARY: EPA Region 4 announces the deletion of the ICG Iselin Railroad 
Yard Site (site) from the NPL and requests public comment on this 
action. The NPL constitutes appendix B to part 300 of the National 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 (CERCLA) as amended. 
The EPA has determined that the site poses no significant threat to 
public health or the environment, as defined by CERCLA, and therefore, 
no further remedial measures pursuant to CERCLA is warranted.

DATES: This ``direct final'' action will be effective January 7, 2002, 
unless EPA receives significant adverse or critical comments by 
December 10, 2001. 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: Comments may be mailed to Robert West, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, S.W., Atlanta, GA 30303, (404) 562-8806, [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 4, 61 Forsyth 
Street, S.W., Atlanta, GA 30303; and the Jackson-Madison County 
Library, 433 East Lafayette, Jackson, TN 38305, (901) 423-0225.

FOR FURTHER INFORMATION CONTACT: Robert West, Remedial Project Manager,

[[Page 56485]]

U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, 
S.W., Atlanta, GA 30303, (404) 562-8806 Fax (404) 562-8788, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents:

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

I. Introduction

    The U.S. Environmental Protection Agency Region 4 announces the 
deletion of the ICG Iselin Railroad Yard Site, Jackson, Tennessee, from 
the National Priorities List (NPL), appendix B of the National Oil and 
Hazardous Substances Pollution Contingency Plan (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 has determined that the ICG Iselin Railroad 
Yard site does not pose an imminent and substantial endangerment to the 
public health and welfare, and the environment. EPA will accept public 
comments for thirty days after publication of this document in the 
Federal Register.
    Section II of this document describes the criteria for deleting 
sites from the NPL. Section III discusses deletion procedures. Section 
IV explains the basis for the intended deletion, and discusses the 
history of the site. 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 release from the 
NPL. EPA shall consider, in consultation with the state, whether the 
following criteria has been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response action required;
    (ii) All appropriate fund-financed 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, 
taking of remedial measures is not appropriate.
    In the case of the ICG Iselin Railroad Yard Site, Tennessee 
Department of Environment and Conservation's (TDEC) remedial 
investigation and subsequent follow up groundwater studies conducted 
under EPA's supervision, indicted that the site does not pose a 
significant threat to public health or the environment, and, therefore, 
active remedial measures are not appropriate. If new information 
becomes available which indicates a need for future action, EPA may 
initiate any remedial action necessary. In accordance with the NCP (40 
CFR 300.425 (e)(3)), whenever there is a significant release from a 
site deleted from the NPL, the site shall be restored to the NPL 
without application of the Hazard Ranking System (HRS).

III. Deletion Procedures

    The following procedures were used for the intended deletion of the 
site:
    (1) All appropriate response under CERCLA has been implemented and 
no further action by EPA is appropriate; (2) The Tennessee Department 
of Environment and Conservation has 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 public comment period on EPA's Direct Final 
Deletion; and, (4) All relevant documents have been made available for 
public review in the local site information repository. EPA is 
requesting only dissenting comments on the proposed action to delete.
    For deletion of the release from 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 no dissenting comments are 
received, no further activities will be implemented and this ``direct 
final'' action will become effective. 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 informational purposes 
and to assist EPA management. As mentioned in Section II of this 
document, Sec. 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.

IV. Basis for Intended Site Deletion

    The following site summary provides EPA's rationale for the 
proposal to delete the ICG Iselin Railroad Yard Site from the NPL.
    The ICG Iselin Railroad Yard Site is located in Jackson, Madison 
County, Tennessee. The Site is an 80-acre property located at the 
intersection of Eastern Street and Magnolia Street in Jackson. The 
facility has had several owners over the years, each of whom used it 
for various purposes related to railroad operation. The Mobile and Ohio 
Railroad Co. operated the facility as a railroad station and 
maintenance depot from 1906 until 1940 when Gulf Mobile and Ohio 
Railroad Company purchased Mobile and Ohio Railroad Co. Gulf Mobile 
continued to use the facility as a railyard. In 1972, Gulf Mobile 
reorganized as the Illinois Central Gulf Railroad Company (ICG). ICG 
used the site as a locomotive maintenance facility from 1972 until 
1986, when the Williams Steel Co. purchased much of the property. 
Norfolk Southern Railway Co. owns the remainder of the property. The 
site had several contaminated units: a main warehouse; numerous 
railroad tracks; storage tanks; a battery waste disposal pile; a rail 
car fueling platform under an open-air shed; and the railyard's 
pollution control system, which includes a neutralization tank, a 
concrete tank, several drainage ditches, and a surface impoundment.
    The Site was placed on the National Priorities list on December 16, 
1994. Upon execution of the Non-Fund Finance Agreement (NFFA) between 
EPA and TDEC, TDEC oversaw the remediation of the Site. EPA reviewed 
and commented or concurred on most documents pertaining to the 
remediation process. Under a State Commissioner's Order, the PRPs 
conducted a RI/FS which included a Baseline Human Health Risk 
Assessment. The RI detected arsenic and TCE in groundwater above 
recommended levels. However, further investigation revealed both 
contaminants were originating from off-site source(s) upgradient of the 
Site. TDEC is currently investigating the areas upgradient of the Site. 
TDEC approved the RI/FS in August 1997.

V. Action

    In September 1998, a Non-Time Critical Removal Action Work Plan was 
submitted to TDEC. The report characterized contaminated on-site soils. 
A Public Meeting was held on October 8, 1998 to inform the community of 
the removal action. TDEC issued an Action Memorandum on October 21, 
1998 to document State approval of the removal action. The excavated 
soil was staged, treated and analyzed using the toxicity characteristic 
leaching procedure (TCLP). The removal action required excavation of 
approximately 716 tons of lead contaminated soil. The contaminated soil 
was disposed of in the Jackson-Madison County Landfill.

[[Page 56486]]

Finally, all disturbed areas were seeded, fertilized and mulched.
    On November 4, 1999, consistent with the NFFA, TDEC's Director of 
Superfund approved a Record of Decision. Pursant to the NFFA, EPA had 
issued a concurrence letter in October 1999. The ROD was executed on 
November 4, 1999. The selected alternative is institutional controls 
which include deed restrictions and prohibits drilling of water wells 
on Site. All institutional controls are currently in place. TDEC sent 
EPA a Certification Letter on November 4, 1999 stating the Site had 
been remediated to the extent practicable. Furthermore, the letter 
concludes that the Site appears protective of human health and the 
environment, complies with federal and state requirements that are 
applicable or relevant and appropriate to remedial action and is cost-
effective. This remedy utilizes permanent solutions and alternative 
treatment technologies to the maximum extent practicable, and satisfies 
the statutory preference for remedies that employ treatment that 
reduces toxicity, mobility and volume. Finally, it concludes that all 
construction actives relative to CERCLA are complete.
    In March 2000, EPA issued and TDEC concurred on the Final Close Out 
Report and Final Remedial Action Report. Finally, TDEC will conduct 
Statutory Five-Year reviews at the Site to ensure the selected remedy 
remains protective of human health and the environment.

VI. State Concurrence

    TDEC in a letter dated June 30, 2001 concurs with EPA that the 
criteria for deletion of the NPL listing have been met. Therefore, EPA 
is deleting the ICG Iselin Railroad Yard site from the NPL, effective 
on January 7, 2002. However, if EPA receives dissenting comments by 
December 10, 2001. EPA will publish a document that withdraws this 
action.

List of Subjects in 40 CFR Part 300

    Environmental protection, Chemicals, Hazardous substances, 
Hazardous wastes, Intergovernmental relations, Penalties, Superfund, 
Water pollution control, Water supply.

    Dated: September 10, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 site for the ``ICG Iselin Railroad Yard, 
Jackson, TN.''

[FR Doc. 01-27831 Filed 11-7-01; 8:45 am]
BILLING CODE 6560-50-P