[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66283-66287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26512]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-9902-29-Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Geiger (C&M Oil) Superfund 
Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
publishing a direct final Notice of Deletion of the Geiger (C&M Oil), 
Superfund Site (Site), located in Hollywood, Charleston County, South 
Carolina, 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 South Carolina, through the 
South Carolina Department of Health and Environmental Control (SCDHEC), 
because EPA 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.

DATES: This direct final deletion is effective January 6, 2014 unless 
EPA receives adverse comments by December 5, 2013. 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-2005-0011; by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: [email protected] and/or 
[email protected].
     Fax: (404) 562-8788 Attention: William Joyner.
     Mail: William Joyner, Remedial Project Manager, Superfund 
Remedial Section A, Superfund Remedial and Site Evaluation Branch, 
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, GA 30303-8960.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the 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 a.m. to 4:00 p.m., excluding Federal Holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2005-0011. 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

[[Page 66284]]

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 email. 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 at http://www.regulations.gov, or in hard copy at: 
Regional Site Information Repository, U.S. EPA Record Center, Attn: Ms. 
Anita Davis, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, 
Georgia 30303-8960.
    Hours of Operation (by appointment only): 8:30 a.m. to 4:00 p.m., 
Monday through Friday. Local Document Repository, St. Paul's Parish 
Library, 5151 Town Council Drive, Hollywood, SC 29449.

FOR FURTHER INFORMATION CONTACT: William Joyner, Remedial Project 
Manager, Superfund Remedial, Section A; Superfund Remedial and Site 
Evaluation Branch, Superfund Division; U.S. Environmental Protection 
Agency, Region 4; 61 Forsyth Street SW.; Atlanta, GA 30303-8960, 
Telephone, or VM (404) 562-8795, Electronic 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 Geiger (C&M Oil) Superfund Site (Site), from the National 
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 
300, which is the 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 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 January 6, 2014 unless EPA 
receives adverse comments by December 5, 2013. 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 Geiger (C&M Oil) 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 deletion of the Site:
    (1) EPA consulted with the state of South Carolina 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 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 South Carolina Department 
of Health and Environmental Control, 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, Post 
and Courier. The newspaper notice announces the 30-day public comment

[[Page 66285]]

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

    The Geiger (C&M Oil) Site (EPA CERCLIS Identification Number 
SCD980711279) is located approximately 10 miles west of the city of 
Charleston, South Carolina, along Highway 162. The town of Hollywood is 
located approximately 4 miles west of the site. The Site consist of an 
affected area that is approximately 1.5 acres in size, triangular in 
shape and is bound on two sides by ponds, and on the third side by a 
small rise. The area around the Site is sparsely populated with 
approximately ten residences located west and southwest of the site. 
Another 10 residences are located to the east and north east with 
several small businesses within (0.5) miles of the site along Highway 
162. Between 1969 and 1971, eight unlined lagoons, each approximately 1 
foot deep for a combined area of 1.5 acres were constructed for the 
purpose of holding waste oil in connection with an incineration 
process.
    In late 1971, in response to complaints from area residents, South 
Carolina Pollution Control Agency (SCPCA) ordered the stoppage of all 
incineration and waste deposition activities at the Site and the owner 
was directed to take action to prevent the spillage, leakage, or 
seepage of oil from the Site. In April 1974, a complaint was filed by a 
nearby property owner with the Charleston County Health Department 
(CCHD) about oil overflowing from the lagoons on the Site. CCHD 
investigated the Site and ordered the Site closed because of evidence 
of oil dumping and overflowing oil. C&M Oil Distributors, Inc. then 
purchased all reclaimable oil on the Site and submitted recovery plans 
to SCDHEC, formerly SCPCA, but reportedly received no response to their 
plans. In December 1979, SCDHEC requested that the company provide 
information on their intentions to clean up the Site. C&M Oil 
Distributors, Inc. stated in January 1980 that they were unable to 
recover the waste oil and were not obligated to clean up the Site. 
Investigations of Site activities revealed evidence of oil dumping and 
oil overflowing from lagoons on site. The facility was ordered to stop 
all incineration and waste disposition activities at the site and 
action be taken to prevent spillage, leakage, and seepage of oil from 
the Site.

Remedial Investigation and Feasibility Study (RI/FS)

    Samples collected during the remedial investigation provide 
sufficient data to characterize the Site. Results of laboratory 
analysis revealed the presence of inorganic contaminants (chromium, 
mercury and lead) in the soil in concentrations exceeding the common 
ranges for these metals in soils. The highest concentrations were found 
in the oil stained area confirming that this area is the contaminant 
source. The laboratory found no organic contaminants in the soil 
samples taken from the oil stained area. The laboratory found several 
organics in the shallow and medium on site monitor well samples. 
Elevated levels of metals and organics were found in samples taken from 
the oil stained area and analyzed by the Contract Laboratory Program 
(CLP) . Some of these same organics were found in the shallow on-site 
monitor well. The laboratory samples of the surface waters were free of 
any organic contamination. Evidence of polychlorinated biphenyl-1242 
(PCB-1242) and petroleum products was found in several surface water 
samples by the CLP laboratory. Private wells to the north, east and 
southwest of the site were found to be free of contamination. Ground 
water contamination appears to be limited to the oil stained area. 
Based on the local laboratory results, ground water contamination has 
not moved from the Site. The results from the CLP sample analysis 
support these conclusions. Based on air monitoring during the RI, 
organic air contamination was not found to be a problem. The final 
feasibility study dated July 1987 provided an in-depth summary and 
discussion of site sampling activities, and an analysis of remedial 
alternatives. The feasibility study provided an analysis of extraction 
(soil) flushing, solidification/stabilization, attenuation, 
immobilization, incineration, capping, vegetative cover, excavation and 
offsite disposal, partial excavation with onsite disposal, onsite 
containment/encapsulation and no action remedial alternatives.

Selected Remedy

    A Record of Decision (ROD) was signed in June 1987, and two ROD 
amendments (AROD) were signed; one in July 1993 and the second in 
September 1998. The purpose of the remedial action at the Site was to 
mitigate and minimize contamination in the soils and ground water and 
to reduce potential risks to human health and the environment. The 
following cleanup objectives were determined based on regulatory 
requirements and levels of contamination found at the Site:
     Recovering contaminated ground water with on-site 
treatment and discharge to an off-site stream;
     protecting public health and the environment from exposure 
to contaminated on-site soils through inhalation, direct contact, and 
erosion of soils into surface waters and wetlands;
     preventing off-site movement of contaminated ground water; 
and
     restoring contaminated ground water to levels protective 
of human health and the environment.
    The 1987 ROD selected a remedial alternative to prevent direct 
contact exposure and inhalation of contaminants in the soil, potential 
ingestion of contaminated ground water by on-site workers and potential 
future residents; further leaching of contaminants to ground water 
above drinking water standards; and potential direct contact exposure 
to environmental receptors. The selected remedy included:
     Recovery of contaminated ground water with on-site 
treatment and discharge to an off-site stream;
     on-site thermal treatment of excavated soils to remove 
organic contaminants;
     solidification/stabilization (S/S) of thermally-treated 
soil to reduce mobility of metals;

[[Page 66286]]

     review of S/S, during the remedial design, to determine if 
S/S alone would achieve remedial action goals; and
     development of soil cleanup goals during the remedial 
design.

The selected remedy established cleanup goals for contaminants in the 
ground water based on drinking water standards. The selected remedy 
eliminated the principal threat posed to human health and the 
environment by preventing further migration of contaminants to the 
ground water and by remediating ground water to drinking water 
standards. The 1987 ROD indicated that no elevated levels of 
contaminants were found in the pond on-site. Soil and ground water were 
found to be contaminated with the contaminants of concern (COCs) listed 
in Table 1.

         Table 1--Ground Water and Soil Contaminants of Concern
------------------------------------------------------------------------
              Ground water and soil contaminants of concern
-------------------------------------------------------------------------
Benzo (a) pyrene.
Benzo (a) anthracene.
Benzo (b and/or k) fluoranthene.
Polychlorinated biphenyls (PCBs) (Aroclor 1254).
Benzene.
Trans-1,2-dichloroethylene.
Chromium.
Lead.
Toluene.
1,2-Dichlorobenzene.
1,1-Dichloroethane.
------------------------------------------------------------------------

    Treatability studies conducted during the remedial design 
determined that S/S alone would remediate contaminated soils. Based on 
these studies, the ROD was amended on July 13, 1993 to state that only 
S/S would be conducted, thermal treatment would not be needed. EPA 
issued another ROD amendment on September 9, 1998, changing the ground 
water remedy from pump and treat to monitored natural attenuation (MNA) 
and revising the ground water COCs to only include cadmium and lead, 
with respective cleanup goals of 5[micro]g/L and 15[micro]g/L. Soil 
leachate criteria were established in the 1993 AROD to protect the 
ground water.

Response Actions

    In February 1992, EPA entered into a cooperative agreement with the 
U.S. Army Corps of Engineers (USACE) to perform the remedial design/
remedial action (RD/RA). After the final design was completed, USACE 
awarded the RA contract to McLaren/Hart Environmental Engineering 
Corporation (McLaren/Hart) for solidification/stabilization of Site 
soils. McLaren/Hart mobilized to the field for full-scale soil 
treatment on January 16, 1994. Soil treatment was completed on April 
23, 1994 followed by placement of a gravel cap over the treated soil, 
which was completed on August 5, 1994. The pre-final inspection, 
conducted on August 9, 1994, did not discover any significant 
outstanding items and therefore served as the final inspection. Both 
the site's Final Construction Report and the Interim Remedial Action 
Report were approved by EPA and SCDHEC on September 29, 1997. Quality 
control analytical sampling of the treated soil was conducted 
throughout the solidification activities. The quality assurance/quality 
control program was in conformance with EPA and State standards; 
therefore, EPA and the State determined that all analytical results 
were accurate to the degree needed to assure satisfactory execution of 
the RA and are consistent with the ROD and the RD plans and 
specifications.

Cleanup Goals

    Site soils have been treated to prevent further leaching of 
contamination into the ground water. Additional sampling conducted by 
EPA showed only one remaining ground water COC that was consistently 
detected above drinking water standards in two small, localized areas, 
one of which was near drinking water standards. As a result of these 
soil and ground water findings, EPA issued an additional AROD on 
September 9, 1998, changing the ground water remedy from pump and 
treat, which was never implemented, to MNA. The Preliminary Close-out 
Report (September 14, 1998), and the Operation and Maintenance (O&M) 
Plan (September 1998) were approved by EPA and SCDHEC. The Preliminary 
Close-out Report found that there was no definable contaminant plume on 
site. In January of 2013, the EPA conducted a scientific evaluation of 
the durability and leachability of the monolith at the Site. The 
objective of the report was to determine the durability of the S/S 
wastes (the monolith) based on physical measurements (moisture content, 
bulk and dry density, permeability, wet/dry durability). The evaluation 
indicates that the monolith has remained stable in the environment 
during the 20 year period since completion of the remedial action. No 
evidence indicating any adverse change in physical condition was 
observed. Some evidence of the capacity for leaching of cement binder 
and COCs from the monolith was indicated; however, the leaching would 
be expected to be very minor and not likely indicative of a possibly 
adverse condition, either presently or long-term, or with regard to 
groundwater contamination. Testing and analyses supports the conclusion 
that COCs remain highly bound within the monolith and that leaching of 
these COCs is unlikely to adversely impact the surrounding soil and/or 
groundwater environment under current site conditions.

Operation and Maintenance

    The 1998 AROD reported that long-term O&M of the remedy was not 
required. There were no O&M costs associated with the Site since the 
2004 FYR. The declaration of covenants and restrictions on the property 
was made and entered into on October 11, 2001, by Pile Drivers, Inc, a 
South Carolina Corporation. Pile Drivers is the owner of the property 
in Charleston County, South Carolina, more specifically described in 
the Title of Real Estate record in the book W127 at page 390 in the 
Charleston County RMC Office. The declaration of covenants and 
restrictions to restrict use of the site soils and ground water states 
the following: ``Pile Drivers hereby covenants for itself, its 
successors and assigns, that the Soil Treatment Area shall not be used 
for residential or agricultural purposes; prohibit activities, include 
but are not limited to: Filling; drilling; excavation; anchoring; 
removal of top soil, rock, or minerals; plowing; planting; cultivation 
(other than maintenance of the ground cover); and change of the 
topography in any manner.''

Five-Year Review

    The remedy at the Geiger (C & M Oil) Site currently protects human 
health and the environment because exposure pathways that could result 
in unacceptable risks are being controlled. Soils have been cleaned up 
to industrial standards using S/S, the property is currently being used 
for industrial purposes, and ground water sampling results over 
multiple years led to decommissioning 27 monitoring wells. Five-year 
reviews (FYR) are statutorily required as long as waste is left on site 
that does not allow for unrestricted use and unlimited exposure. Three 
FYRs have already been completed and the next FYR is planned for FY 
2014.

Community Involvement

    On August 15, 2008, a public notice was published in the Post and 
Courier Announcing the commencement of the third FYR process for the 
Geiger site, providing contact information for EPA site staff, and 
inviting community participation. Copies of this document are available 
in the Site's public repository: St. Paul's Parish Library,

[[Page 66287]]

5151 Town Council Drive, Hollywood, SC 29449, where additional 
information about the Site can be found in CD format. Community 
involvement activities associated with the deletion will consist of 
issuing a deletion fact sheet, publishing a public notice in the local 
newspaper, updating the information repository, and providing the 
public an opportunity to comment.

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

    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is appropriate. The implemented 
remedy achieves the degree of cleanup specified in the ROD and ROD 
Amendments for all pathways of exposure. All selected remedial action 
objectives and clean-up goals are consistent with agency policy and 
guidance. EPA, in consultation with the State of South Carolina, has 
determined that all required response actions have been implemented and 
no further response action by the responsible parties is appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of South Carolina through 
the South Carolina Department of Health and Environmental Control has 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, monitoring and 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 January 6, 2014 unless EPA receives adverse comments by 
December 5, 2013. 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: September 23, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

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 ``Geiger 
(C&M Oil)'', ``Rantoules, South Carolina''.

[FR Doc. 2013-26512 Filed 11-4-13; 8:45 am]
BILLING CODE 6560-50-P