[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Rules and Regulations]
[Pages 29076-29079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11218]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7663-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Odessa Chromium 2, North 
and South Plumes, Superfund Site from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final notice of deletion of the Odessa Chromium 2, 
North and South Plumes, Superfund Site (Site) located in Odessa, Texas, 
from the National Priorities List (NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final notice of deletion is being published by EPA with the 
concurrence of the State of Texas, through the Texas Commission on 
Environmental Quality (TCEQ), because 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 notice of deletion will be effective July 19, 
2004, unless EPA receives adverse comments by June 21, 2004. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final notice of deletion in the Federal Register informing the 
public that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Donn Walters, Community Relations 
Coordinator (6SF-P), U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202-
2733, (214) 665-6483 or 1-800-533-3508 (Toll Free). Comments can also 
be sent by e-mail to: [email protected].
    Information Repositories: Comprehensive information about the 
Odessa Chromium 2, North and South

[[Page 29077]]

Plumes, Superfund Site is available for viewing and copying at the 
information repositories located at: U.S. Environmental Protection 
Agency Region 6, 12th Floor Library, 1445 Ross Avenue, Dallas, Texas 
75202-2733, (214) 665-6427, Monday through Friday 7:30 a.m. to 4:30 
p.m.; Texas Commission on Environmental Quality (TCEQ), Building D, 
Record Management, Room 190, 12100 North Interstate Highway 35, Austin, 
Texas 78753, (512) 239-2920, Monday through Friday 8 a.m. to 5 p.m.; 
Ector County Library, 321 West 5th Street, Odessa, Texas 79761, (915) 
332-0633; and, Permian Basin Regional Planning Commission, 2910 La 
Force Blvd., Midland International Airport, Midland, Texas 79711, (915) 
563-1061.

FOR FURTHER INFORMATION CONTACT: Ernest R. Franke, P.E., Remedial 
Project Manager (RPM) (6SF-AP), EPA Region 6, 1445 Ross Avenue--Suite 
1200, Dallas, Texas, 75202-2733, (214) 665-8521 or 1-800-533-3508 (Toll 
Free) or by e-mail, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The EPA Region 6 is publishing this direct final notice of deletion 
of the Odessa Chromium 2, North and South Plumes, 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 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 19, 2004, unless 
EPA receives adverse comments by June 21, 2004, on this notice to 
delete published in the ``Proposed Rules'' section of today's Federal 
Register. If adverse comments are received within the 30-day public 
comment period on this notice to delete, EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and the deletion will not take effect. The EPA 
will, as appropriate, prepare a response to comments and continue with 
the deletion process on the basis of the 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 EPA is using 
for this action. Section IV discusses the Odessa Chromium 2, North and 
South Plumes, Superfund Site and demonstrates how it meets the deletion 
criteria. Section V discusses 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, 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.
    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 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 OU No. 1 and No. 2:
    (1) The EPA consulted with the State of Texas through the Texas 
Commission on Environmental Quality (TCEQ), on the deletion of the 
Odessa Chromium 2, North and South Plumes, Superfund Site from the NPL 
prior to developing this direct final notice of deletion.
    (2) The State of Texas through the TCEQ concurred with deletion of 
OU-1 and OU-2 of the Odessa Chromium 2, North and South Plumes, 
Superfund Site from the NPL in a letter dated November 19, 2003 
(appendix A).
    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice of the availability of the parallel notice of 
intent to delete published today in the ``Proposed Rules'' section of 
the Federal Register is being published in the local newspaper of 
general circulation at or near the Odessa Chromium 2, North and South 
Plumes, Superfund 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 
the notice of intent to delete Odessa Chromium 2, North and South 
Plumes, Superfund Site from the NPL.
    (4) The EPA placed copies of documents supporting the deletion of 
the Odessa Chromium 2, North and South Plumes, Superfund Site in the 
information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this notice or the companion notice of intent to 
delete also published in today's Federal Register, EPA will publish a 
timely notice of withdrawal of this direct final notice of deletion 
before its effective date and will prepare a response to comments and 
continue with the deletion process on the basis of the 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 EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist 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 EPA's rationale for deleting the 
Odessa Chromium 2, North and South Plumes, Superfund Site from the NPL.

Site Location

    The Odessa Chromium 2 Site is located and bounded 
approximately by 57th Street on the north, 50th Street on the south, 
Andrews Highway on the east, and a line which extends from Arthur 
Avenue north to 57th Street. Chromium was the contaminant of concern 
present in soil and ground water at the Site. Other heavy metal 
contaminants discovered during field investigations were below levels 
of concern. Apparently the contaminants entered the soil, and 
ultimately the ground water, from two source locations. One was on the 
corner of 57th

[[Page 29078]]

Street and Andrews Highway, the other at 5329 Andrews Highway. The two 
locations resulted in two plumes of ground water contamination at the 
Site, known as the North Plume and the South Plumes. The North Plume 
area is north of 54th Street, and the South Plume area is located south 
of 54th Street.

Site History

    The EPA first proposed the Odessa Chromium 2, North and South 
Plumes, Superfund Site for inclusion on the National Priorities List 
(NPL) in October 15, 1984, 49 FR 40320, 51 FR 21087. The North and 
South Plume locations had manufacturing and industrial operations that 
included the on-site disposal of water containing chromium. The 
chromium had contaminated drinking water supply wells serving 
residential, commercial, and industrial properties. The contamination 
was discovered after residents complained of discolored water. On 
September 8, 1986, the first Record of Decision (ROD) was signed for 
Operable Unit I (OU-1), the Alternate Water Supply (AWS). The remedy 
selected was an extension of the Odessa city water system to include 
potable water service to these areas.
    The design of the AWS system was completed during December 1987, 
and the alternate water supply contract notice to proceed was issued on 
May 23, 1988. On November 3, 1988, the construction of 1190 linear feet 
of eight-inch water mains, 10 fire hydrants, necessary valves and 
fittings, 125 service taps and 106 meter boxes and meters and service 
connections was finalized by the City, and inspected and determined to 
be substantially complete by the EPA and the TCEQ, formerly the Texas 
Water Commission (TWC) and then the Texas Natural Resource Conservation 
Commission (TNRCC).

Remedial Investigation and Feasibility Study (RI/FS)

    The State of Texas, through the Texas Natural Resource Conservation 
Commission (TNRCC) entered into a Cooperative Agreement with the EPA on 
September 26, 1984, to perform a Remedial Investigation (RI) and 
Feasibility Study (FS). The RI fieldwork (soils, ground water, 
sediment, and air sampling) began in August 1985 and a draft report was 
submitted in April 1986.
    Further fieldwork (soils sampling) was conducted in November 1986, 
and a final RI report was accepted by TNRCC and EPA on May 1, 1987. A 
final draft report addressing comparison of the potential remedial 
alternatives was submitted in December 1987.
    Based on these results, the soil was not the subject of a response 
action at the Odessa Chromium 2, North and South Plumes, Site: 
therefore, Operable Unit 2 (OU-2) addressed remediation of the ground 
water contamination and required additional investigation. The Remedial 
Investigation and Feasibility Study (RI/FS) for OU-2 characterized the 
affected ground water for both the North and South Plumes and was also 
conducted by the TNRCC. The final combined RI and FS were completed on 
March 18, 1988, and testing conducted during the RI/FS confirmed that 
total Site chromium concentrations in ground water exceeded 0.05 
milligrams per liter (mg/l), the EPA's Maximum Contaminant Level (MCL) 
for total chromium at the time of the RI/FS investigation.
    The land usage in the vicinity of the site was quite different in 
1986 than at present. In 1986, there was considerable business activity 
in the area, with small repair yards and oil industry vehicle and 
machine support activities. There were also numerous residential mobile 
homes in the area. All of these activities were supported with water 
drawn from the Trinity Aquifer by private wells.
    During the Remedial Investigation for OU-2, more than 400 wells 
were identified within a one-half mile radius of the Site, of which 
more than 300 were sampled and analyzed for total and hexavalent 
chromium. By 1994, many of the businesses and residents in the vicinity 
of the Site had left. In addition, the use of many of the private wells 
has been discontinued. Of the wells sampled, 13 were found to exceed 
the federally regulated drinking water standard for chromium of 0.05 
mg/l. In addition, 12 new wells were installed within the Trinity 
aquifer and eight wells were installed in the perch zone during the 
remedial investigation. Of the new monitoring wells, seven contained 
chromium levels which significantly exceeded the drinking water 
standard. Contamination levels are highest in the perched zone (9.9 mg/
l), and the Trinity aquifer has levels up to 3.3 mg/l. The north and 
south plumes are separated by 54th Street which is an east-west street 
in bearing, and the south plume being southward from 54th Street.

Characterization of Risk

    A site-specific risk assessment was conducted as part of the RI/FS 
activities. Chromium concentrations present in Site soil are comprised 
of trivalent and hexavalent chromium. Trivalent chromium is not 
carcinogenic; however, hexavalent chromium is considered a carcinogen 
via the inhalation mode of exposure. Analytical data from the Site 
indicated the chromium concentrations found in the soil at the Site 
posed no significant risk to human health or the environment. In 
addition, extraction procedures leach toxicity test data conducted at 
the Site validated the contaminated soil resulted in no leachable 
chromium in excess of the EPA acceptable limit (5mg/l). Therefore, soil 
remediation was not considered necessary for the protection of human 
health and the environment.
    Results of the risk assessment indicate that remedial action was 
required to reduce the potential for exposure through the consumption 
of contaminated ground water. The Agency for Toxic Substances and 
Disease Registry (ATSDR) supports this interpretation of the risk 
assessment for OU-2 which is Attachment B to the final ROD.

Record of Decision Findings for the OU-2

    The ROD for OU-2, Ground Water, was signed on March 18, 1988, and 
the selected remedy required the following: Extraction of chromium-
contaminated ground water from the perched water-bearing zone and the 
Trinity Aquifer; electrochemical treatment of ground water which 
exceeds the Primary Drinking Water Standard for chromium; reinjection 
of the treated ground water into the Trinity Aquifer; and, monitoring 
the site for a minimum of 30 years.
    Remedial Design and Cleanup Activities performed on the plumes were 
activated by a Remedial Action Plan (RAP) for electrochemical 
treatment, which was approved by EPA in December of 1991 for both the 
North and South plumes. However, a potentially responsible party, Sequa 
Corporation, agreed to perform the remedy for the North Plume. The 
Consent Decree, which was effective on July 16, 1991, required Sequa 
Corporation to implement the remedy described in the ROD at the North 
Plume. On March 25, 1992, Sequa Corporation petitioned EPA to change 
the ground water treatment from electrochemical to ion exchange, citing 
lower projected remedial costs and the limited ability of 
electrochemical treatment to remove chromium present in the ground 
water in low concentrations.
    The EPA issued an Explanation of Significant Differences (ESD) on 
June 28, 1994, to change the remedy from electrochemical treatment to 
treatment by ion exchange, subject to successful performance of the new 
technology.

[[Page 29079]]

    The EPA issued a second ESD dated October 25, 1999, to permit use 
of ferrous sulfate treatment on the north and south plume, and a third 
ESD dated September 10, 2003, to eliminate the extended 30-year 
monitoring of the Site after completion of the remedial action on both 
the North and South Plumes.
    The State of Texas (TCEQ) concurred with the Record of Decisions 
for OU-1 on September 8, 1986 and for OU-2 on March 18, 1988. The 
stated ESDs dated June 28, 1995; October 24, 1999; and September 10, 
2003, respectively, had formal written concurrences from both TCEQ and 
Sequa.

Cleanup Standards

    On January 1, 1991, the Primary Drinking Water Standard for 
chromium changed from 0.05 mg/l to 0.10 mg/l total chromium. The ground 
water cleanup standard for chromium on the Site was revised 
accordingly. Despite the change in the drinking water standard, 
concentrations of chromium in the North and South plumes, still 
exceeded the MCL of 0.10 mg/l.

Operation and Maintenance and Five-Year Review

    As of June 2002, all wells at the Odessa Chromium 2 Site 
had met the project cleanup goal of remaining below the 0.1 mg/l MCL 
for total chromium for a period of three consecutive months. The EPA 
issued an ESD on September 10, 2003, which contained sampling results 
from more than eight years of quarterly monitoring for both the North 
Plume and the South Plume. After evaluation of these data, it was 
determined that the 30-year monitoring period requirement could be 
discontinued. Because this remedy will not result in hazardous 
substances, pollutants, or contaminants remaining on-site above levels 
that allow for unlimited use and unrestricted exposure, Operation and 
Maintenance activities and five-year reviews are not required for this 
Site.

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 for the Odessa Chromium 2 
Site which EPA relied on for recommendation of the deletion from the 
NPL are available to the public in the information repositories which 
can be found at the Ector County Library, Odessa, Texas; Permian Basin 
Regional Planning Commission, Midland International Airport, Midland, 
Texas; the EPA Region 6 Library in Dallas, Texas; and the TCEQ Library 
in Austin, Texas.

V. Deletion Action

    The EPA, with concurrence of the State of Texas, through the TCEQ, 
has determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA are 
necessary. Therefore, EPA is deleting the Odessa Chromium 2, North and 
South Plumes, Superfund Site from the NPL. This deletion includes the 
deletion of both OU-1 and OU-2 from the NPL.
    Because 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 19, 2004, unless 
EPA receives adverse comments by June 21, 2004, on a parallel notice of 
intent to delete published in the ``Proposed Rule'' section of today's 
Federal Register. If adverse comments are received within the 30-day 
public comment period on the proposal, EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and it will not take effect, and EPA will prepare 
a response to comments and continue with the deletion process on the 
basis of the 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, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: April 28, 2004.
Richard E. Greene,
Regional Administrator, Region 6.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 1 of Appendix B to Part 300 is amended by removing the entry 
for the Odessa Chromium 2 (Andrews Highway), Odessa, Texas.

[FR Doc. 04-11218 Filed 5-19-04; 8:45 am]
BILLING CODE 6560-50-P