[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14149-14153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05290]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9958-96-Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Perdido Ground Water 
Contamination Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency Region 4 is publishing 
this direct final Notice of Deletion for the Perdido Ground Water 
Contamination Superfund Site (Site), located in Perdido, Baldwin 
County, Alabama, 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 the EPA with the concurrence of the State of Alabama, through the 
Alabama Department of Environmental Management (ADEM), because the EPA 
has determined that all appropriate response actions under CERCLA have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: This direct final deletion is effective May 16, 2017 unless the 
EPA receives adverse comments by April 17, 2017. If adverse comments 
are received,

[[Page 14150]]

the 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-1983-0002, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (404) 562-8896, Attention: Deborah P. Cox, PE.
     Mail: Deborah P. Cox, PE, Remedial Project Manager, 
Superfund Restoration and Sustainability 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. 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-SFUND-
1983-0002. The 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 email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the 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 the 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, the 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 the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the 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 the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:
    U.S. EPA Record Center, attn: Ms. Tina Terrell, Atlanta Federal 
Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960, Phone: 
(404) 562-8835, Hours 8 a.m.-4 p.m., Monday through Friday by 
appointment only; or, Atmore Public Library, 700 East Church Street, 
Atmore, AL 36502, Phone: 251-368-5234, Hours 8 a.m.-5 p.m., Monday thru 
Friday, Saturday 9 a.m.-1 p.m.

FOR FURTHER INFORMATION CONTACT: Deborah P. Cox, PE, Remedial Project 
Manager, Superfund Restoration and Sustainability Branch, Superfund 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960, phone 404-562-8317, email: 
[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

    The EPA Region 4 is publishing this direct final Notice of Deletion 
of the Perdido Ground Water Contamination 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 the EPA promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation 
and Liability Act (CERCLA) of 1980, as amended. The 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 the Section 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.
    Section II of this document explains the criteria to delete sites 
from the NPL. Section III discusses procedures that the EPA is using 
for this action. Section IV discusses the Perdido Ground Water 
Contamination Superfund Site and demonstrates how it meets the deletion 
criteria. Section V discusses the 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 the 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), the 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.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the State of Alabama 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) The 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 ADEM, has concurred on the 
deletion of the site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, The 
Atmore Advance. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the Site from 
the NPL.
    (4) The 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

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information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, the 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 the EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist the 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 the EPA's rationale for deleting 
the Site from the NPL:

Site Background and History

    The Perdido Ground Water Contamination Site is located in Perdido, 
Baldwin County, Alabama, and is the site of a train derailment, which 
occurred on May 17, 1965. The Site originated as a borrow area which 
provided sand and fill material to the County for local use. In 1965, a 
train derailment by the Louisville and Nashville Railroad (a 
predecessor of CSX Transportation, Inc., CSXT) occurred approximately 
200 yards east of the intersection of State Highways 47 and 61. 
Chemicals from the derailed tank cars spilled into the drainage ditches 
along State Highway 61 and caught fire. Later, as a result of the 
accident, an unknown quantity of benzene that had not been destroyed by 
the fire eventually penetrated the soil and entered the ground water 
aquifer.
    In 1982, benzene was identified in several residential domestic 
water supply wells within the community of Perdido. An alternate supply 
of drinking water was provided by CSXT by constructing a waterline six 
miles from the nearby town of Atmore. Approximately 150 Perdido homes 
within a one mile radius of the derailment were connected to the 
alternate water supply.
    Due to the benzene in the ground water, the EPA proposed listing 
the Site on the National Priorities List (EPA ID: ALD980728703) on 
December 30, 1982 (47 FR 58476), and finalized the listing on September 
8, 1983 (48 FR 40658) under the CERCLA Act of 1980.

Remedial Investigation/Feasibility Study (RI/FS)

    On October 11, 1985, CSXT executed an Administrative Order of 
Consent with the EPA to conduct a Remedial Investigation/Feasibility 
Study (RI/FS) at the Site. The RI was then initiated and submitted in 
August 1986. In March 1987, the EPA's Ground Water Technology Unit 
constructed a solute transport ground water model and predicted the 
extent of the ground water plume in the Perdido area. In April 1987 the 
Environmental Response Team (ERT) performed a soil vapor study. The 
revised RI was submitted in November 1987. Based on review of the data, 
the EPA requested the installation of additional monitoring wells 
further down gradient of the derailment area. CSXT's contractor 
completed a supplement to the revised RI report in May 1988. The 
supplement to the revised RI confirmed the presence of benzene in the 
ground water and led to the conclusion that by approximately 1985, all 
of the benzene in the soils had leached to the ground water, 
volatilized to the atmosphere, or biodegraded. As a result of these 
actions, the ``source'' of contamination at the Site had been 
``remediated'' by natural processes.
    A risk assessment of current and potential routes of exposure at 
the Site identified several exposure pathways. The potential exposure 
pathway for humans was determined to be ingestion of contaminated 
ground water. Additional pathways investigated included ingestion of 
and dermal contact with surface water for humans and ingestion of 
surface water by cattle. These additional pathways were removed from 
further consideration because the benzene spill occurred over 20 years 
ago, benzene is a highly volatile substance and benzene had been 
detected only in ground water. The EPA ultimately determined that 
continued migration of contaminated ground water was a threat to public 
health and the environment in the area surrounding and down gradient of 
the contaminant plume.
    In May, 1988, CXST submitted the FS report, which evaluated three 
remedial alternatives to address contaminated ground water. These three 
alternatives were as follows:
     Ground water withdrawal with off-site benzene removal.
     Ground water withdrawal with on-site benzene removal.
     No action, with natural attenuation/degradation of benzene 
in ground water.

Selected Remedy

    The EPA's Record of Decision (ROD) was signed on September 30, 
1988, and ADEM concurred with the selected remedy of ground water 
extraction with on-site treatment. The selected remedy for the ground 
water contamination included the following:
     Recovery of the contaminated ground water by means of a 
recovery well field;
     Treatment of the recovered contaminated ground water by 
air stripping to achieve the 5 parts per billion (ppb) maximum 
concentration limit (MCL) cleanup level established for benzene;
     Re-injection of the treated ground water back into the 
aquifer and into the surface water.
    Operation and maintenance activities required to ensure the 
continued effectiveness of the remedy included:
     Periodic monitoring of the pump and treat system to ensure 
continued effectiveness in attaining cleanup standards;
     Periodic ground water monitoring to ensure that long term 
performance goals have been achieved.
    The ROD also specified that once the ground water cleanup level was 
attained, ground water monitoring would be required for an additional 
five years to ensure cleanup levels were maintained.
    The remedial action objectives for the Site were to eliminate 
potential health hazards due to the impact of benzene in ground water 
that resulted from the May 1965, train derailment in Perdido, Alabama, 
and restoration of the contaminated ground water to levels protective 
of human health and the environment. The EPA's MCL of 5 [mu]g/L benzene 
in ground water was to be used as the criteria for measuring whether 
the remedial action objective had been met. During start-up of the 
treatment system in December 1992, the reinjection system was unable to 
accept the design flows. In May 1993, the EPA approved an Explanation 
of Significant Differences (ESD) for a surface water discharge system 
to discharge excess treated water to the Perdido Creek.

Response Actions

    The remedial design (RD) Report for the Site was submitted in 
December 1991, and construction of the ground water treatment system 
was completed between May and November 1992, with a Pre-Final Remedial 
Action (RA) Inspection completed on July 7, 1993. On September 3, 1993 
the Revised RA

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Report, documenting that all construction requirements were met and 
installation of the treatment system was complete, was submitted to the 
EPA, and subsequently approved on September 13, 1993. The initial 
treatment system included twelve ground water withdrawal wells, which 
delivered contaminated ground water to the treatment plant. The 
treatment plant consisted of nine air strippers that transferred 
benzene from the contaminated water into the air stream, which in turn 
passed through the carbon adsorption unit prior to release to the 
atmosphere. The treated water passed through bag filters for removal of 
solids prior to being pumped to the reinjection system. The ten 
reinjection wells were each equipped with controllers to regulate the 
flow of injection water back into the aquifer. Twenty-four observation 
wells were also installed between 1986 and 1991, primarily for water 
level or benzene concentration monitoring. An additional observation 
well was installed in 1999.
    During start-up of the treatment system in December 1992, the 
reinjection system was unable to accept the design flows. The excess 
water flooded the injection system and activated a high-level cut-off 
switch that shut down the entire system. To alleviate this problem and 
allow the ground water remediation to start, a surface water discharge 
system was proposed to handle the excess water. The EPA subsequently 
approved the proposal for a surface water discharge system to the 
Perdido Creek in the Site's May 1993 ESD. In June 1993, the surface 
water discharge line and the originally designed Hazleton Maxi-
Strippers\TM\ were installed. Modifications were made to divert treated 
water to the surface water discharge system once capacity of the 
reinjection system was reached. Ground water recovery withdrawal and 
treatment began in 1992 after start-up of the treatment system.
    CSXT conducted more frequent inspections during January through 
March 1997 that revealed significant improvements could be made to 
optimize treatment system performance. Originally, the extraction wells 
were installed with pneumatic pumps, which tended to vibrate the wells 
and to cause an influx of sand into the system. In fall 1997, these 
pumps were replaced with electric submersible pumps, increasing system 
reliability and performance. Additionally, because of the high levels 
of iron and sand content in the influent ground water, the small 
orifices in the original Hazleton Maxi-Stripper\TM\ system would become 
plugged. Considerable maintenance efforts were required to clean each 
of the orifices of the stripper by hand using a small drill. In April 
1998, the Hazleton Maxi-Strippers\TM\ system was replaced with a New 
England Environmental Products low profile, four tray air stripper. 
Maintenance efforts and costs were significantly reduced after these 
changes were implemented.
    In 1999 CSXT further optimized treatment by installing three 
biosparge wells (BS-1, -2, and -3). These wells were intended to 
provide dissolved oxygen to areas of the benzene plume that were 
exhibiting decreased levels of dissolved oxygen, subsequently 
increasing the natural degradation of the benzene plume. In February 
and April 2000, nine additional biosparge wells were added on Site 
north of Highway 47 (BS-4 through BS-12). Twelve new biosparge wells 
(BS-13 thru BS-24) were installed in September 2003 on Site south of 
Highway 47.

Clean-Up Levels

    Based on the success of remedial activities in reducing the benzene 
plume, the EPA, ADEM, CSXT and CSXT consultant, AMEC Earth & 
Environmental, Inc. (AMEC), met on August 2, 2005 to discuss an Interim 
Evaluation Work Plan (IEWP) that would involve shutting down the ground 
water treatment system and monitoring ground water conditions for a 
period of one year in order to determine future remedial actions. A 
primary goal of the plan was to determine whether ground water benzene 
concentrations would remain below the 5 [mu]g/L MCL cleanup goal or 
``rebound'' after the pump-and-treat and biosparge systems were turned 
off. The EPA and ADEM approved the plan on July 25, 2006. On September 
24, 2006, the ground water treatment system was turned off.
    Results of the first-quarter and second-quarter ground water 
sampling under the IEWP were submitted in January 2007 and April 2007, 
respectively. The results indicated that benzene concentrations in 
ground water remained consistent with historical data and did not 
rebound. Based on the data, implementation of the IEWP continued. On 
May 21, 2007, all parties agreed that the fourth-quarter sampling event 
would be replaced with a closure strategy if the third-quarter 
monitoring results continued to follow the positive trend. ADEM also 
requested the use of a low-flow micro-purging method to collect samples 
at different depths in two wells (Observation Well 41 (OW-41) and 
Withdrawal Well 14 (WW-14)). After approval from ADEM, this sampling 
approach was followed during the third-quarter sampling under the IEWP 
in June 2007. Based on the sampling results, a Closure Monitoring Plan 
(CMP) was drafted to make changes to the current ground water 
monitoring program, remedial actions and site closure procedures in a 
series of phases to bring the Site to closure in accordance with the 
1990 Consent Decree (CD) with CSXT.
    Addendum I to the CMP dated January 16, 2008 was submitted after a 
team conference call. ADEM and the EPA approved the CMP with Addendum I 
in January and February 2008, respectively. Recommendations in the 
approved CMP included: Continued monitoring the 10 out of 42 total site 
observation and withdrawal wells that had not yet achieved sample 
results below the benzene clean-up goal of 5 [mu]g/L for five 
consecutive years; Monitoring of these 10 wells on a semi-annual basis 
and reporting the data on a semi-annual basis; Discontinuation of the 
monitoring of observation and withdrawal wells located south of Highway 
47 once a well has remained below the benzene cleanup goal of 5 [mu]g/L 
for five consecutive years and properly plugging and abandoning all the 
wells (including observation, withdrawal, biosparge and injection 
wells) located south of Highway 47 once ground water benzene 
concentrations have remained below the benzene cleanup goal of 5 [mu]g/
L for five consecutive years; Discontinuation of the monitoring of 
observation and withdrawal wells located north of Highway 47 once a 
well has remained below the benzene cleanup goal of 5 [mu]g/L for five 
consecutive years and properly plugging and abandoning all wells 
located north of Highway 47 once ground water benzene concentrations 
within all observation and withdrawal wells have remained below the 
benzene cleanup goal of 5 [mu]g/L for five consecutive years.
    Addendum II to the CMP dated October 9, 2008 presented the minor 
revisions discussed during the September 3, 2008 team conference call. 
Clarification was provided to identify the type of public notification 
to be implemented prior to conducting closure type of events. ADEM 
approved the actions proposed in Addendum II on December 2008.

Community Involvement

    Throughout the removal and remedial process, the EPA has kept the 
public informed of the activities being conducted at the Site by way of 
public meetings, progress fact sheets, and the announcement through 
local newspaper advertisement on the availability of

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documents such as the RI/FS, Risk Assessment, ROD, Proposed Plan, ESD 
and Five-Year Reviews.
    On July 25, 2006 representatives from the EPA, ADEM CSXT, and AMEC 
held a public availability session, regarding the upcoming IEWP for the 
Site. The purpose of the availability session was to inform the general 
public and local residents living near the Site, of the success of the 
long term cleanup activities at the Site. At the time of the meeting, 
benzene was detected in only three of the monitoring wells, with two of 
those exceeding the 5 [mu]g/L cleanup level.
    On September 16, 2009 representatives from the EPA, ADEM, CSXT, and 
AMEC held a public availability session to discuss the closure of a 
portion of the monitoring network, located south of Highway 47. These 
wells had completed five years of sampling with laboratory results 
below the 5 [mu]g/L cleanup goal. In accordance with the approved CMP, 
this milestone achievement allowed the southern portion of the former 
plume to be eligible for closure.
    On March 19, 2014 representatives held a public availability 
session to discuss the attainment of cleanup goals for five consecutive 
years in each of the remaining monitoring wells. With the attainment of 
all cleanup goals set forth for the Site, this public availability 
session served to inform the local community that all monitoring and 
site related activities would cease.
    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 of the deletion from the NPL, are available to the 
public in the information repositories identified above.

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

    Region 4 has followed the procedures required by 40 CFR 300.425(e) 
as mentioned above and the implemented remedy achieves the degree of 
cleanup specified in the ROD for all pathways of exposure. 
Specifically, ground water sampling results have been below the benzene 
clean-up goal of 5 [mu]g/L for five consecutive years. These results 
verify that the Site has achieved the ROD cleanup standards, and that 
all cleanup actions specified in the ROD and ESD have been implemented. 
All selected remedial and removal action objectives and associated 
cleanup levels are consistent with agency policy and guidance. This 
Site meets all the site completion requirements as specified in Office 
of Solid Waste and Emergency Response (OSWER) Directive 9320.22, Close-
Out Procedures for National Priorities List Sites. No further Superfund 
response is needed to protect human health and the environment.

V. Deletion Action

    The EPA, with concurrence of the State of Alabama through ADEM, has 
determined that all appropriate response actions under CERCLA have been 
completed. Therefore, the EPA is deleting the Site from the NPL.
    Because the EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication. This action 
will be effective May 16, 2017 unless the EPA receives adverse comments 
by April 17, 2017. If adverse comments are received within the 30-day 
public comment period, the 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. The 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 6, 2016.
V. Anne Heard,
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 is revised 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 to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``AL'', 
``Perdido Ground Water Contamination'', ``Perdido''.

[FR Doc. 2017-05290 Filed 3-16-17; 8:45 am]
 BILLING CODE 6560-50-P