[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]
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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.
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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