[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Rules and Regulations]
[Pages 45432-45435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19281]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0003; FRL-9445-5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Palmer Barge Line Superfund 
Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final Notice of Deletion of the Palmer Barge Line 
(PBL) Superfund Site located in Port Arthur, Texas (Jefferson County), 
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 Texas, through the Texas 
Commission on Environmental Quality, because EPA has determined that 
all appropriate response actions at these identified parcels under 
CERCLA, other than Five-Year Reviews, have been completed. However, 
this deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 27, 2011 
unless EPA receives adverse comments by August 29, 2011. 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-2000-0003, by one of the following methods:
     http://www.regulations.gov: Follow Internet on-line 
instructions for submitting comments.
     E-mail: Rafael Casanova, [email protected].
     Fax: 214-665-6660.
     Mail: Rafael A. Casanova; U.S. Environmental Protection 
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite 
1200; Dallas, Texas 75202-2733.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733; 
Contact: Rafael A. Casanova (214) 665-7437. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-AFUND-
2000-0003. 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
    1. U.S. Environmental Protection Agency, Region 6; 1445 Ross 
Avenue,

[[Page 45433]]

Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday thru 
Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. 
Casanova (214) 665-7437.
    2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas 
77642-5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.; 
Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 p.m 
to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project 
Manager; U.S. Environmental Protection Agency, Region 6; Superfund 
Division (6SF-RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733; telephone number: (214) 665-7437; 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 6 is publishing this direct final Notice of Deletion for 
the Palmer Barge Line (PBL) Superfund Site (Site), from the National 
Priorities List (NPL). 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 (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 Sec.  300.425(e)(3) of the NCP, a site deleted from the 
NPL remains eligible for Fund-financed remedial action if future 
conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 27, 2011 unless EPA 
receives adverse comments by August 29, 2011. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent for 
Deletion 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 for Deletion 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 PBL 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.

III. Deletion Procedures

    The following procedures apply to all areas and media within the 
PBL Superfund Site:
    (1) EPA has consulted with the state of Texas prior to developing 
this direct final Notice of Deletion and the Notice of Intent for 
Deletion co-published in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent for Deletion prior to their 
publication today, and the state, through the Texas Commission on 
Environmental Quality, has concurred on this 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 for Deletion is being published in a major local newspaper, The 
Port Arthur News. The newspaper announces the 30-day public comment 
period concerning the Notice of Intent for Deletion of the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the 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 for 
Deletion 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 further response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
PBL Superfund Site from the NPL. A map of the Site, including the 
aerial extent of the Site proposed for deletion, is available in the 
deletion docket:

Site Location and History

    The PBL Superfund Site (Site, CERCLIS ID--TXD068104561), a former 
barge-cleaning operation, encompasses approximately 17 acres and is 
located approximately 4.5 miles east-northeast of the City of Port 
Arthur on Old Yacht Club Road on Pleasure Islet. Pleasure Islet is a 
peninsula located approximately 0.5 miles southwest of

[[Page 45434]]

the mouth of the Neches River. The Site is bordered by vacant property 
to the north, by Old Yacht Club Road to the west, by the State Marine 
of Port Arthur Superfund Site to the south, and Sabine Lake to the 
east.
    Pleasure Islet is a manmade landmass consisting of dredge spoils 
generated during the construction and maintenance of the Sabine-Neches 
canal, also called the Intercoastal Waterway. The canal was constructed 
between 1898 and approximately 1920 in the vicinity of Sabine Lake and 
the Neches River, between the current Site location and the mainland. 
Between 1955 and 1957, a portion of the canal along the western side of 
Pleasure Islet was abandoned, and a new canal was cut along the eastern 
and southern sides of Pleasure Islet. Pleasure Islet was created when a 
land bridge was constructed across the abandoned portions of the canal, 
between the northern tip of Pleasure Island and the mainland. Vehicle 
access to the Site is limited to a single dirt road starting at the 
western Site border along Old Yacht Club Road.
    The Site, along with the adjacent properties to the north and 
south, were used as a Municipal Landfill for the City of Port Arthur 
from 1956 to 1987. Although disposal at the landfill has long since 
ceased and the landfill contents have been covered with dredged 
sediments, the contents are still present on the Site in the subsurface 
soils.
    In April 1982, John Palmer, President of Palmer Barge Line Inc. 
purchased approximately 17 acres from the City of Port Arthur, for the 
purpose of servicing and maintaining barges and marine vessels. The 
company ceased operations on the property in July 1997.
    During operation, the typical activities performed at the Site 
included cleaning, degassing, maintenance, and inspection of barges and 
other marine equipment. Cleaning operations included the removal of 
sludge and other residual material by pressure steaming the vessel 
holds, engines and boilers. Engines were degreased and accumulations of 
sludges were removed. Degassing activities involved the removal of 
explosive vapors from vessel holds using nitrogen or boiler exhaust. 
Maintenance and inspection activities included the replacement and/or 
repair of valves, engine repairs, and line leak repairs followed by 
pressure tests. A flare was located on-site to burn excess gases and 
liquids produced during facility operations.
    The surface water migration pathway was scored as part of the 
Hazard Ranking System Documentation Record. The EPA determined that the 
Site warranted further investigation to assess the nature and extent of 
the human health and environmental risks associated with the Site's 
previous barge-cleaning and inspection activities. The Site was 
proposed to be included on the NPL on May 11, 2000 (65FR30489), and 
made final on July 27, 2000 (65FR46096).
    EPA conducted a Time Critical Removal Action in August 2000 that 
addressed the source materials stored on-site. Removal activities 
included waste removal, water treatment, oil/water separation, and 
sludge stabilization. Approximately 250,000 gallons of water were 
treated on-site; 500 cubic yards of sludge were stabilized; and 100,000 
gallons of oil/styrene were separated and removed from the Site.
    The investigations of the Site included the wastewater aboveground 
storage tank (AST), boiler house ASTs, open top slop tanks area, 
horizontal ASTs, twelve ASTs area, flare area, area east of flare in 
the center of the Site, ground water, and sediments of Sabine Lake.

Remedial Investigation and Feasibility Study

    On September 30, 2002, the EPA issued an Administrative Order on 
Consent (AOC) to the potentially responsible parties (PRPs) to conduct 
a Remedial Investigation and Feasibility Study (RI/FS). The objectives 
of the RI/FS were to characterize the nature and extent of constituents 
of concern in soil, ground water, and surface water and sediments of 
Sabine Lake.
    Constituents detected in soil samples included metals, semivolatile 
organic compounds (SVOCs), volatile organic compounds (VOCs), 
polychlorinated biphenyls (PCBs), and pesticides. Several samples 
containing above background concentrations of metals and SVOCs were 
from samples collected in soil that contained municipal waste, 
indicating that some constituents present may not be due to activities 
from the barge cleaning operation.
    There is no current or anticipated future use of the shallow 
groundwater at the Site. The shallow groundwater at the Site is not 
considered a potential drinking water source. The shallow groundwater 
resulted from the dredging activities that formed the isle where the 
former PBL Superfund Site is located. Ground water samples collected 
from permanent ground water monitoring wells installed downgradient of 
the Site did not contain significant concentrations of these Site-
related constituents above risk-based levels.
    Constituents detected in the sediments of Sabine Lake included 
polycyclic aromatic hydrocarbons and metals. Many of the constituents 
found in the soil at the Site were not detected in sediment samples. 
Surface water samples contained only metals at low concentrations.
    The human health risk assessment concluded that contaminants were 
present in site soils and sediments that presented an unacceptable risk 
to on-site workers and off-site recreational anglers. The screening 
level ecological risk assessment concluded that site contaminants did 
not present an unacceptable risk to ecological receptors.
    A total of four alternatives were developed for the Site during the 
Feasibility Study. The EPA chose excavation and off-site disposal as 
the Selected Remedy for the contaminated soils at the Site.

Selected Remedy

    Based on the results of the Baseline Human Health Risk Assessment 
(BHHRA) and Screening Level Ecological Risk Assessment (SLERA), the 
EPA's Selected Remedy for the PBL Superfund Site, identified in the 
September 2005 Record of Decision, was ``Excavation and Off-Site 
Disposal.'' The Selected Remedy consisted of the following components:
     Excavation of approximately 1,204 cubic yards of the upper 
two feet of soil that exceed human health and ecological risk-based 
levels at each of the response areas.
     Confirmation sampling for constituents of potential 
concern at each of the response areas.
     Backfilling of excavated areas with clean soil.
     Off-site disposal of the excavated soils at a permitted 
disposal facility.
     Implementation of institutional controls to restrict 
future land use only for industrial purposes. The ICs shall be a 
restrictive covenant by the property owner recorded in the real 
property records of Jefferson County, Texas.
     Abandonment of five existing ground water monitoring 
wells.
     Wastewater AST sludge removal and decontamination and off-
site disposal.

Remedial Action Objectives

    The Remedial Action Objectives (RAOs) for the Site are based on the 
following:
     The reasonable anticipated land use scenario is based on 
the future redevelopment of the Site for industrial or commercial use, 
consistent with

[[Page 45435]]

current Site use and surrounding land use.
     Potential ecological risks were considered for Site soils 
to prevent exposure to ecological receptors and prevent surface runoff 
of contaminants to Sabine Lake sediments.
    The RAOs for the Site were:
     Prevent direct contact, ingestion, and inhalation of 
surface soils that exceed human health risk-based levels, based on an 
industrial worker scenario, for the chemicals of concern (COCs).
     Prevent off-site migration of COCs to Sabine Lake 
sediments that exceed human health and ecological risk-based levels for 
the COCs.
     Prevent exposure to Site soils that may pose a risk to 
ecological receptors.

Response Actions

    On May 7, 2007, the EPA issued a Unilateral Administrative Order 
(UAO) for Remedial Design and Remedial Action to the PRPs. The UAO 
became effective on June 6, 2007. The Final Remedial Design/Remedial 
Action Work Plan was approved by the EPA on August 2, 2007. A total of 
181 tons of contaminated soils were excavated and disposed at a 
permitted disposal facility. Each response area was then backfilled 
with clean soil. The Record of Decision (ROD) required the collection 
of confirmation samples, including analyses for the constituents of 
potential concern, at each of the response areas. Analytical results 
were used to determine horizontal limits of impacted media in each of 
the response areas. If constituents were found to contain 
concentrations in excess of the remediation goals (RG), step-out 
samples were analyzed for those constituents. Additional step-out 
samples were collected and analyzed when the step-out samples exceeded 
the RG. This process continued until sample results for perimeter 
samples were below the RG, indicating horizontal delineation had been 
achieved according to the requirements of the ROD. Additionally, 
approximately 78,340 pounds of oil were skimmed from the 10,000-barrel 
AST and recycled for fuel blending, and approximately 854,886 pounds of 
the remaining sludge material within the AST were incinerated. As 
required by the 2005 ROD, five permanent ground water monitoring wells 
were plugged and abandoned.
    An institutional control (IC) in the form of Restrictive Covenant 
by the property owner, to the benefit of the State of Texas and the 
United States Government, was filed in the appropriate property records 
at the County Clerk's office in Jefferson County on March 25, 2011. 
This IC ensures that future site use remains commercial/industrial.

Cleanup Goals

    The EPA chose a 1.0 x 10-5 target cleanup goal based on 
exposure to COCs that exceeded those levels at surface soils. The COCs 
and the selected soil cleanup goals achieved for the Human Health Risk 
Areas were:
     Aldrin--1.1 milligrams/kilogram (mg/kg).
     Benzo(a)pyrene--2.3 mg/kg.
     Benzo(a)anthracene--23.0 mg/kg.
     Dieldrin--1.2 mg/kg.
     Heptachlor Epoxide--2.1 mg/kg.
     Naphthalene--210.0 mg/kg.
     Pentachlorophenol--100.0 mg/kg.
     Lead--800.0 mg/kg.
    The COCs and the selected soil cleanup goals achieved for 
ecological receptors were:
     4,4'-DDD--0.0864 mg/kg.
     4,4'-DDE--0.0864 mg/kg.
     4,4'-DDT--0.0865 mg/kg.
     Butyl benzyl phthalate--5.37 mg/kg.
     Lead, total--497.0 mg/kg.
     Methoxychlor--0.09 mg/kg.

Five-Year Reviews

    Since the Selected Remedy would result in hazardous substances 
remaining on-site above levels that allow for unlimited use and 
unrestricted exposure, a Five-Year Review will be conducted no less 
often than every five years from initiation of the Remedial Action to 
ensure that the remedy is, or will continue to be, protective of human 
health and the environment. The first Five-Year Review will be 
conducted before September 2012.

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 for the deletion from the NPL are available to the 
public in the information repositories, and a notice of availability of 
the Notice of Intent for Deletion has been published in The Port Arthur 
News to satisfy public participation procedures required by 40 CFR 
300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    In accordance with 40 CFR 300.425(e), sites may be deleted from the 
NPL where no further response is appropriate. The EPA has determined 
that the criteria for deletion have been met. The EPA has implemented 
all appropriate response actions required and no further response 
action by responsible parties is appropriate. EPA received a letter, 
dated May 26, 2011, from the State of Texas, through the Texas 
Commission on Environmental Quality, concurring on the deletion of PBL 
Superfund Site from the NPL.

V. Deletion Action

    The EPA, with concurrence of the State of Texas, through the Texas 
Commission on Environmental Quality, has determined that all 
appropriate response actions under CERCLA, other than Five-Year 
Reviews, have been completed. Therefore, EPA is deleting the PBL 
Superfund 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 September 27, 2011 unless EPA receives adverse comments by 
August 29, 2011. 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: July 22, 2011.
Al Armendariz,
Regional Administrator, Region 6.

    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 ``Palmer 
Barge Line, Port Arthur, TX.''

[FR Doc. 2011-19281 Filed 7-28-11; 8:45 am]
BILLING CODE 6560-50-P