[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26962-26965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13165]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0007; FRL-8912-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Notice of Deletion of the Callaway & Son Drum 
Services Superfund Site from the National Priorities List.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
publishing a direct final Notice of Deletion of the Callaway & Son Drum 
Services Superfund Site, located in Lake Alfred, Polk County, Florida 
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 an 
appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final deletion is being published 
by EPA with the concurrence of the State of Florida, through the 
Florida Department of Environmental Protection, because EPA has 
determined that all appropriate response actions under CERCLA, other 
than five-year reviews, have been completed. However, this deletion 
does not preclude future actions under Superfund.

[[Page 26963]]


DATES: This direct final deletion is effective August 4, 2009 unless 
EPA receives adverse comments by July 6, 2009. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final 
deletion in the Federal Register informing the public that the deletion 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0007, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: (404) 562-8842.
     61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
     Hand delivery: 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Docket's 
normal hours of operation (8 a.m. to 4:30 p.m.), and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0007. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the Docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. EPA Record Center, attn: Ms. Debbie Jourdan, Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone: 
(404) 562-8862. Hours: 8 a.m. to 4 p.m., Monday through Friday. By 
Appointment Only.
Lake Alfred Public Library, 195 East Pomelo Street, Lake Alfred, 
Florida 33850, Phone: (863) 291-5378. Hours: 10 a.m. to 6 p.m., Monday 
through Friday 9 a.m. to 2 p.m., Saturday closed, Sunday.

FOR FURTHER INFORMATION CONTACT: Galo Jackson, Remedial Project 
Manager, Environmental Protection Agency, Region 4, 4WD-SRB, 61 Forsyth 
Street, SW., Atlanta, GA 30303-8960, (404) 562-8937, 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

    EPA Region 4 is publishing this direct final Notice of Deletion of 
the Callaway & Son Drum Services Superfund Site, from the NPL. The NPL 
constitutes Appendix B of 40 CFR part 300, which is the NCP, which EPA 
promulgated pursuant to section 105 of the CERCLA of 1980, as amended. 
EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). As described in 300.425(e) (3) of 
the NCP, sites deleted from the NPL remain eligible for Fund-financed 
remedial actions if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective August 4, 2009 unless EPA 
receives adverse comments by July 6, 2009. Along with this direct final 
Notice of Deletion, EPA is co-publishing a Notice of Intent to Delete 
in the ``Proposed Rules'' section of the Federal Register. If adverse 
comments are received within the 30-day public comment period on this 
deletion action, 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. 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 Callaway & Son Drum Services 
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

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will 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 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.
    Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. 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.

[[Page 26964]]

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State of Florida prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co- published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the State of Florida 30 working days for 
review of this notice and the parallel Notice of Intent to Delete prior 
to their publication today, and the State, through the Florida 
Department of Environmental Protection, has concurred on the deletion 
of the Site from the NPL.
    (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 is being published in a major local newspaper, the 
Lakeland Ledger. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the Site from 
the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, 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 
Site from the NPL:

Site Background and History

    The Callaway & Son Drum Services (CSDS) Superfund Site (CERCLIS ID 
FLD094590916) is located in Lake Alfred, Polk County, Florida. The 
approximately nine and a half acre Site is located 55 miles east of 
Tampa and 43 miles west of Orlando, Florida. The Site lies between the 
Seaboard System Railroad tracks on the north and U.S. Highway 17-92 on 
the south. The City of Lake Alfred Wastewater Treatment Plant is 
located adjacent to and west of the Site. The Redwoods Apartments are 
located adjacent to and east of the Site. A garden nursery borders the 
property to the southwest.
    CSDS was a family business, which operated from mid-1977 through 
early 1991 as a re-furbisher and reseller of used 55-gallon oil, 
solvent and citrus products drums. About 20 spent oil drums were 
cleaned, sandblasted and painted on an average day. During the citrus 
season, approximately 500 open-top drums were sandblasted and, if 
needed, painted every day.
    At the operation's height, the facility once was estimated to have 
60,000 drums present on the Site. Approximately 71 of the drums left 
abandoned on the uplands were removed and disposed of during a 1995 
removal action conducted by the Florida Department of Environmental 
Protection (FDEP). The remaining drums and drum carcasses, estimated to 
be between two-to-three thousand, were removed and disposed of in 
December 2001 by contractors to EPA.
    The CSDS Site first came to the attention of the Florida Department 
of Environmental Regulation (FDER, now FDEP) in October 1982, through 
the owner's application to construct/operate an industrial wastewater 
treatment and disposal system for the rinse water. Analyses of the 
rinse water discharge collected in December 1982 detected oil and 
grease and several inorganic analytes, including chromium, iron, and 
lead.
    In early March 1984, members of the FDER Groundwater Section 
Operation Response Team conducted a site inspection of the CSDS Site. 
As a result of that inspection, FDER issued a warning notice to the 
owner for unauthorized discharge of organic solvents into surface and 
groundwater and for failure to provide a groundwater monitoring plan. A 
monitoring plan was subsequently submitted in January 1985. The plan 
proposed the installation of three monitoring wells. In July 1985, FDER 
completed a Potential Hazardous Waste Site Preliminary Assessment for 
the CSDS Site. The assessment recommended that the Site be given a low 
priority of inspection at the time, due to the then recent sampling 
conducted by FDER and the January 1985 submittal of a groundwater 
monitoring plan.
    In June 1994, the FDER filed a Notice of Violation and Order for 
Corrective Action against the owner. The Notice of Violation was based 
upon the results of the Site Investigation, which revealed improper 
drum disposal and storage, as well as onsite soil and groundwater 
contamination. The owner was given the opportunity to petition the FDER 
for a hearing to address the Notice of Violation. The owner did not 
file for a petition and in October 1994, FDER filed a final Order 
against him.
    The EPA proposed the Site to the NPL on February 4, 2000 through 
publication in the Federal Register (Volume 65, Number 24). The Site 
was finalized on the NPL through publication in the Federal Register on 
May 11, 2000 (Volume 65, Number 92).

Remedial Investigation (RI)

    EPA initially conducted RI filed activities from February 2002 
through August 2003. The following summarizes the scope of the RI for 
the CSDS Site:
     Determined the nature and extent of groundwater, soil, 
sediment, and surface water contamination relative to local background 
conditions that were attributable to the Site;
     Determined the extent of human contact with potentially 
contaminated media;
     Collected and evaluated the data necessary to develop a 
human health risk assessment; and
     Collected and evaluated the data necessary to develop an 
ecological risk assessment.
    The 2002 surface and subsurface soil semivolatile organic compound 
(SVOCs) results reported a significant number of tentatively identified 
and/or unidentified compounds. At that time, EPA consulted with FDEP 
(prior to issuing a Proposed Plan) on the remedy, which consisted of a 
deed notice to notify prospective buyers of the presence of the 
unidentified and tentatively identified compounds, as well as 
groundwater monitoring for a limited period of time. In the event that 
the monitoring did not indicate contaminant concentrations of concern, 
groundwater monitoring was to be discontinued. FDEP did not concur with 
that proposed remedy as a final remedy. As a result, EPA conducted 
additional studies between 2004 and 2006 to determine the identity, 
concentration and toxicities of the tentatively identified and 
unidentified semivolatile compounds.
    The question of the risks posed by tentatively identified and 
unidentified semivolatile organic compounds to

[[Page 26965]]

human health were evaluated with the assistance of the EPA Office of 
Research and Development and the Superfund Health Risk Technical 
Support Center. Uncertainties related to non-cancer effects pertaining 
to the risks posed by the semivolatile organic contaminants identified 
in surface and subsurface soil were reduced, though not entirely 
eliminated. The evaluation concluded that an overwhelming majority of 
the compounds analyzed were not detected. Those SVOCs that were present 
in surface and subsurface soil were found below preliminary remediation 
goals and a hazard index of 1.0. In addition, two rounds of groundwater 
sampling conducted during 2007 showed that the tentatively and 
unidentified semivolatile organic compounds are not present in the 
Site's groundwater.

Selected Remedy

    EPA, in consultation with FDEP, selected a No Action Record of 
Decision (ROD) at the CSDS Site on September 12, 2007. As discussed 
above, this decision was based principally on the outcome of both human 
health and ecological risk assessments. The estimates of human risks 
under the various exposure scenarios found that cancer and non-cancer 
risks posed by the Site's media were well within the ranges found 
acceptable by EPA.

Five-Year Review

    Although hazardous substances are not known to be present onsite 
above levels allowing for unlimited use and unrestricted exposure, a 
discretionary five year review will be conducted by EPA within five 
years of the signing of the 2007 ROD. The purpose of this review is to 
revisit the issue related to the presence of tentatively identified and 
unidentified semivolatile organic compounds believed to be present in 
the Site's soil.

Community Involvement

    Community relations involvement efforts for the CSDS Site began in 
August 2000 when the Florida Department of Health, Agency for Toxic 
Substances and Disease Registry and EPA publicized and held a public 
availability session, for the purpose of communicating the results of 
the health consultation and to inform the community of the Site's 
status. In mid-2002, EPA finalized the Site's Community Involvement 
Plan. Area residents were contacted as part of the community 
involvement work. An information repository was established at the Lake 
Alfred Public Library. Documents supporting both the removal action and 
the 2007 ROD were made available to the public at the Site's 
information repository, prior to the issuance of this ROD. On July 6, 
2007, EPA published a Notice of Proposed Plan Public Comment Period and 
offered a public meeting. Only one comment was received during the 
comment period. No requests for a Public Meeting or extension of the 
comment period were received. Information which EPA has relied on or 
considered in recommending this deletion are available for the public 
to review at the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion in the NCP

    All of the completion requirements for this Site have been met, as 
described in the December 2007 Final Close-Out Report. The State of 
Florida has concurred with the proposed deletion of this Site from the 
NPL.
    The NCP specifies that EPA may delete a site from the NPL if, ``all 
appropriate Fund-financed response under CERCLA has been implemented, 
and no further response action by responsible parties is appropriate.'' 
40 CFR 300.425(e)(1)(ii). EPA with the concurrence of the State of 
Florida, through the FDEP, believes that this criterion for deletion 
has been met. Consequently, EPA is deleting this Site from the NPL. 
Documents supporting this action are available in the Site files.

V. Deletion Action

    EPA, with concurrence of the State of Florida through the FDEP, has 
determined that all appropriate response actions under CERCLA, other 
than five-year reviews have been completed. Therefore, EPA is deleting 
the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective August 4, 2009 unless EPA receives adverse comments by 
July 6, 2009. If adverse comments are received within the 30-day public 
comment period, 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. 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: May 19, 2009.
J. Scott Gordon,
Acting Regional Administrator, EPA Region 4.

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.

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Callaway 
& Son Drum Service'', ``Lake Alfred, Florida.''

[FR Doc. E9-13165 Filed 6-4-09; 8:45 am]
BILLING CODE 6560-50-P