[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Proposed Rules]
[Pages 60777-60781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25107]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-R04-SFUND-2011-0749; FRL-9472-9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Martin-Marietta/Sodyeco 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing 
a Notice of Intent to Delete the Martin-Marietta/Sodyeco Superfund Site 
(Site), which is a portion of the Clariant Corporation property located 
at 11701 Mount Holly Road in Charlotte, North Carolina, from the 
National Priorities List (NPL) and requests comment on this proposed 
action. The NPL, promulgated pursuant to Section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA or Superfund) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
EPA, with the concurrence of the State of North Carolina, through the 
Department of Environment and Natural Resources (DENR), has determined 
that all appropriate response actions under CERCLA, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under Superfund 
if deemed necessary by EPA.

DATES: Comments must be received by October 31, 2011.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-R04-
SFUND-2011-0749, by one of the following methods:
     Online: http://www.regulations.gov. Follow instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: 404 562-8788 Attention: Michael Townsend.
     Mail: Michael Townsend, Remedial Project Manager, 
Superfund Remedial Section, Superfund Remedial Branch, Superfund 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.

[[Page 60778]]

    Such deliveries are only accepted during the public docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional EPA Office is open for 
business Monday through Friday, 8:30 am to 4:30 pm, excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID no. EPA-R04-SFUND-
2011-0749. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless a 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 electronic files 
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 hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at:
    Regional Site Information Repository: U.S. EPA Record Center, Attn: 
Ms. Debbie Jourdan, Atlanta Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Hours of Operation (by appointment only): 
8 a.m. to 4 p.m., Monday through Friday.
    Local Site Information Repository: Mt. Holly Public Library, 235 
West Catawba Avenue, Mt. Holley, North Carolina 28120-1603. Hours of 
operation: 10 a.m.-6 p.m., Monday, Tuesday, Thursday and Friday. 10 
a.m.-2 p.m., Wednesday and Saturday.

FOR FURTHER INFORMATION, CONTACT: Michael Townsend, Remedial Project 
Manager, Superfund Remedial Section, Superfund Remedial Branch, 
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960, (404) 562-8813, 
Electronic mail at: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 4 is announcing its intent to delete the Martin-
Marietta/Sodyeco Superfund Site (Site), which is a portion of the 
Clariant Corporation facility, located at 11701 Mount Holly Road, 
Charlotte, NC, from the NPL and requests public comment on this 
proposed action. 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 40 CFR 300.425(e) (3) of the NCP, sites deleted from 
the NPL remain eligible for Fund-financed remedial actions if warranted 
by future conditions.
    EPA will accept comments on the proposal to delete the Site for 
thirty (30) days after publication of this document in the Federal 
Register.
    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 Site and demonstrates that 
the deletion criteria are met.

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 CERCLA 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 deletion of the Site:
    (1) EPA consulted with the State of North Carolina prior to 
developing this Notice of Intent to Delete.
    (2) The State of North Carolina, through DENR, has concurred on the 
deletion of the Site from the NPL.
    (3) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, the Charlotte Observer. The newspaper notice announces 
the thirty (30) day comment period for the proposed action to delete 
the Site from the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and has made these items available for public 
inspection and copying at the Site's information repositories 
identified above.
    If adverse comments on this deletion notice are received within the 
thirty (30) day public comment period, EPA will evaluate and respond 
appropriately to the comments before making a final decision to delete. 
If necessary, EPA will prepare a Responsiveness Summary to address any 
significant public

[[Page 60779]]

comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and added to 
the Site's information repositories listed above.
    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. In addition, 40 
CFR 300.425(e)(3) 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 Martin Marietta/Sodyeco Superfund Site (EPA ID: NCD001810365) 
is located in Charlotte, Mecklenberg County, North Carolina. The Site 
is located within a 492-acre property referred to as the Sandoz 
Chemical Corporation, Mount Holly Plant, and is located on Highway 27 
West in Mecklenburg County, North Carolina. The Site is comprised of 
five noncontiguous areas located within the facility's boundaries. 
Manufacturing, administrative and storage facilities cover about 362 
acres. The remaining balance of the land is covered by woodlands and 
grassed areas.
    The entire 492-acre facility is regulated under RCRA authority. 
DyeStuff Company began operations at the facility in 1936. Initially, 
the plant produced liquid sulfur dyes from purchased raw materials. 
American Marietta (which became Martin Marietta in 1961) purchased the 
facility in 1958. Martin Marietta's products included vat dyes, 
disperse dyes and specialty chemical products for the agrochemical, 
electronic, lithographic, pigment, plastic, rubber and general chemical 
industries. Sodyeco Inc. purchased the plant from Martin Marietta in 
1983. Sodyeco Inc.'s early operations produced wastes that consisted of 
low-volume, aqueous, acidic or alkaline streams containing inorganic 
salts, which were discharged untreated to the Catawba River. Later, 
Sodyeco Inc.'s operations were expanded and included organic solvent 
wastes. Among the materials placed in landfills at the Site were 
residual distillation tars from solvent recovery operations, empty 
drums and cartons, discarded chemicals, off-specification products, 
general plant wastes and construction debris. The first indication of 
potential groundwater contamination at the Site was the discovery of 
organic solvents in the Sodyeco's potable water well in September 1980. 
Contaminated groundwater was also detected in water supply wells 
adjacent to the Sodeyco Plant. In June 1982, a hazardous waste site 
investigation was conducted by EPA. Results of surface water, 
groundwater and sediment samples revealed the presence of organic 
contaminants in groundwater and small amounts in the surface water. The 
Site was proposed to the NPL on December 30, 1982 (47 FR 58476) and 
finalized on the NPL September 8, 1983 (48 FR 40674) due to the 
presence of potable water wells within a 3-mile radius and the presence 
of two municipal surface water intakes on the Catawba River.
    The Site contains five contaminated areas designated as A, B, C, D, 
and E. Area A is an on-site landfill that operated between the 1930s 
and 1973. Area B is an on-site landfill that operated between 1973 and 
1978. Area C consists of three covered pits that contained the remains 
of laboratory and production samples, distillation tars, and waste 
solvents. The two northern pits in Area C were excavated in March 1981 
and the contents were trucked off site to a landfill in Pinewood, South 
Carolina. Removal of the remaining pit was conducted in 1983. After 
excavation activities, Area C was regraded and planted with grass. Area 
D formerly contained two wastewater settling ponds. The ponds were 
taken from service in 1966; one was cleaned out in 1973 and the other 
between 1976 and 1977. Area E is located down-gradient of the old plant 
and manufacturing area. No waste is known to have been disposed of in 
this area.
    The current land use is heavy industrial. There are two business 
tenants located within the facility that occupy only a few buildings. 
Most of the land surrounding the Site is primarily undeveloped 
woodland. The Site is currently fenced and requires security clearance 
for access. The ground water aquifer underlying the Site is currently 
not used as a drinking water source; however, there are no controls 
preventing that use. Although the groundwater is not being used for 
drinking purposes, the aquifer is classified as a Class IIA aquifer, a 
current source of drinking water. There are no residential properties 
that exist above or near the ground water contaminant plume at the 
Site.

Remedial Investigation and Feasibility Study (RI/FS)

    In February 1986, Sandoz Chemical Corporation, the facility owner, 
entered into an Administrative Order on Consent with EPA to conduct the 
RI/FS to evaluate the extent of contamination and identify feasible 
alternative remedies.
    Results of the RI showed the groundwater in the five identified 
CERCLA areas A through E were contaminated with toluene, chlorobenzene, 
ethylbenzene, xylene, o-dichlorobenzene, tetrachloroethylene, and 
trichloroethylene. The Site posed an unacceptable carcinogenic risk to 
human receptors via ingestion of local water fowl and small mammals and 
the ingestion of ground water. The Site also posed an unacceptable non-
carcinogenic risk to human health via inhalation intake from Area D and 
the ingestion of onsite groundwater.

Selected Remedy

    EPA issued the ROD for the clean-up of the Site in 1987. The 
remedial action objectives at the Site were to protect human health and 
the environment from exposure to contaminated on-site soils through 
inhalation and direct contact, and to restore contaminated groundwater 
to levels protective of human health and the environment. The cleanup 
consisted of the following elements:
     Extraction, treatment and discharge of contaminated ground 
water for all five areas;
     Excavation and off-site incineration for Area D;
     Installation of a landfill cap for Area B; and
     Implementation of one of the following activities after 
treatability studies were undertaken for Area C, including: (1) 
Flushing; (2) soil washing; (3) thermal processing; or (4) in-situ 
steam stripping and excavation and off-site incineration.
    No soil remediation was deemed necessary for CERCLA Areas A and E 
during the RI/FS.
    The initial cleanup approach for Area C was an interim action. The 
final cleanup plan for Area C was outlined in a 1994 Explanation of 
Significant Difference (ESD), and included in-situ soil flushing, with 
the flushing water being captured and treated by the existing ground 
water treatment system. The ESD also included continuation of a vacuum 
extraction pilot study to treat

[[Page 60780]]

soil stock-piled on site that was contaminated with VOCs. The vacuum 
extraction method eventually proved ineffective and EPA issued a second 
ESD in November 1998, which required off-site treatment and disposal 
for the stock-piled soil in Area C.

Response Actions

    Installation of the asphalt cap for Area B was completed in October 
1989. The off-site treatment and disposal of Area C stockpiled soils 
was completed in March of 1999. The installation of an in-situ flushing 
system for the Area C soil was completed during the third week of 
September of 1999. Remediation of Area D soil was completed in April 
1999. A total of 397 tons of soils were removed in two phases, and sent 
off-site for treatment and disposal.
    The groundwater system was designed to remove VOCs from the shallow 
(Areas C and D), intermediate (Areas A/B, D and E) and deep aquifers 
(Area D). The groundwater remediation involved extraction through 
recovery wells and treatment in the onsite RCRA wastewater treatment 
facility. The treated water is discharged to the Catawba River, as 
regulated by the National Pollutant Discharge Elimination System 
(NPDES) program. The groundwater extraction wells for Areas A through E 
were installed 1990. The contaminated groundwater continues to be 
treated in the RCRA-regulated on-site wastewater treatment facility, 
along with contaminated groundwater from the RCRA-regulated portions of 
the facility.
    The remedial actions were completed by the responsible party, with 
oversight by the state RCRA program. The Preliminary Close-Out Report 
was issued by EPA on September 29, 1999.
    Since the groundwater remedy was constructed, implementation has 
been conducted under the facility's RCRA permit and authority. The 
facility's permit incorporated the groundwater remediation goals and 
cleanup levels established in the 1987 ROD and requires ICs for 
limiting the use of groundwater from aquifers impacted by Site 
contaminants. At the time the Site was listed on the NPL, the RCRA 
Hazardous Solid Waste Amendments (HSWA) provisions had not been 
promulgated, and it was necessary to use CERCLA response authority to 
address the contamination at the Site outside of the regulated RCRA 
units (Areas A-E). Since the facility's RCRA permit and authority have 
been used to implement the groundwater cleanup and HSWA now provides 
the legal authority necessary to continue the treatment until cleanup 
levels are achieved in the CERCLA areas outside of the RCRA regulated 
units, EPA has concluded that the groundwater risks originally 
identified in the 1987 ROD no longer need to be addressed by CERCLA 
authority.
    Institutional controls were also necessary because the selected 
remedy resulted in hazardous substances, pollutants, or contaminants 
remaining at the Site above levels that would allow for unlimited use 
and unrestricted exposure in the soils. More specifically, the remedy 
capped soil in place in CERCLA Areas A and B, as well as left 
contaminated soils covered by clean soils in place in Area D. The 
Declaration of Perpetual Land Use Restrictions were implemented on 8/
10/2011 with the Charlotte, Mecklenburg County, Register of Deeds.
    The 1987 ROD, as amended by the ESDs, was further amended to select 
no further CERCLA action for groundwater and required institutional 
controls preventing disturbance of the caps and precluding direct 
contact with any onsite soils impacted by Site contaminants. The ROD 
amendment was signed on July 5, 2011.

Cleanup Goals

    Contaminated soils above industrial cleanup levels were excavated 
and disposed of off-site or were capped in place in Areas B, C and D. 
Post-excavation sampling was conducted and described in the Preliminary 
Closeout Report issued by EPA on September 29, 1999.

Operation and Maintenance

    For CERCLA Areas A, B, and C, the Clariant Corporation, under the 
existing RCRA C permit, is conducting the long-term monitoring, and 
operation and maintenance activities at the Site. The primary 
activities associated with O&M, associated with the Site, include:
     Visual inspection of the cap, assuring that it is stable 
and sound; and
     Monitoring of institutional controls.
    Operation of the water treatment plant and associated groundwater 
monitoring is being conducted under the RCRA Subtitle C permit and is 
not part of the CERCLA response.

Five-Year Reviews

    Three five year review reports for the Site have been issued, in 
1996, 2002 and 2007. The 2007 five year review report concluded that 
the remedy selected in the ROD is protective in the short term, but 
recommended follow-up actions to analyze the extraction wells for their 
effectiveness in addressing ground water contamination, conduct 
maintenance on the Area B cap, and to evaluate the type of ICs that 
should be implemented at the Site. All recommended actions have been 
addressed. Additional groundwater studies are being conducted to 
address issues identified in the 2007 five year review report under 
RCRA oversight. These activities included installation of additional 
groundwater extraction and monitoring wells in Areas D and E. These 
activities were completed in 2007 and 2010. Repairs to surficial cracks 
on the Area B cap were completed in 2008. EPA incorporated 
institutional controls into a decision document in the July 5, 2011 
ROD. The ICs preventing disturbance of the caps and precluding direct 
contact with any onsite soils impacted by site contaminants were 
implemented and filed on August 10, 2011 with the Charlotte, 
Mecklenburg County, Register of Deeds.

Community Involvement

    EPA has conducted a range of community involvement activities at 
the Site to solicit community input and to ensure that the public 
remains informed about site-related activities throughout the cleanup 
process. Outreach activities have included public notices, interviews 
and public meetings on cleanup activities. In addition to publishing 
notices about its intent to delete the Site and amend the ROD in the 
Federal Register and in a local newspaper, EPA conducted a public 
meeting on May 12, 2011 to provide the public with the opportunity to 
comment on the proposed ROD Amendment. The ROD Amendment and 
Responsiveness Summary, addressing comments received during the comment 
period, have been included in the Administrative Record.
    EPA has also prepared the deletion docket, which includes the 
documents which EPA relied on for its decision to propose deleting the 
Site from the NPL. Therefore, the public participation requirements, 
required in CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA 
Section 117, 42 U.S.C. 9617, have been satisfied.

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

    The NCP specifies that EPA may delete a site from the NPL if ``all 
appropriate responsible parties or other persons have implemented all 
appropriate response actions required.'' EPA, with concurrence of the 
State of North Carolina, through the Department of the Environment and 
Natural Resources, by a letter dated June 17, 2010, believes this 
criteria for deletion have been satisfied. The contaminated soils have 
been capped and institutional

[[Page 60781]]

controls are in place preventing unacceptable exposure. The 
contaminated groundwater is being addressed under the facility's RCRA 
permit and authority, therefore CERCLA response is not warranted. 
Therefore, EPA is proposing to delete this Site from the NPL.

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: September 13, 2011.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.

    For the reasons set out in this document, 40 CFR part 300 is 
proposed to be amended as follows:
    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.

    2. Table 1 of Appendix B to Part 300 is amended by removing 
``Martin-Marietta, Sodyeco, Inc.,'' ``Charlotte, NC.''
[FR Doc. 2011-25107 Filed 9-29-11; 8:45 am]
BILLING CODE 6560-50-P