[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Proposed Rules]
[Pages 36368-36372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12692]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2012-0063; FRL-10009-34-Region 4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Fairfax St. Wood Treaters
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
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 Fairfax St. Wood Treaters Superfund Site
(Site) located in Jacksonville, Florida, from the National Priorities
List (NPL) and requests public comments on this proposed action. 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). The EPA and the State of
Florida, through the Florida Department of Environmental Protection
(FDEP), have determined that all appropriate response actions under
[[Page 36369]]
CERCLA, have been completed. However, this deletion does not preclude
future actions under Superfund.
DATES: Comments must be received by July 16, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2012-0063, by one of the following methods:
https://www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include a
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Following Centers for Disease Control and Prevention (CDC)
and Office of Policy Management (OPM) guidance and specific state
guidelines impacting our regional offices, EPA's workforce has been
authorized to telework to help prevent transmission of the coronavirus
[COVID-19]. As a result there is a temporary shutdown of EPA's Docket
Center and EPA Regional Records Centers. While in this workforce
telework status, there are practical limitations on the ability of
staff to collect, and for Agency personnel to respond to, ``hard copy''
mailed queries sent directly to Agency office locations. Therefore,
until the workforce is able to return to office locations, EPA
recommends that, to the extent feasible, any correspondence mailed to
the Agency should also be sent via email.
For questions on this document and submission of comments
please contact--Leigh Lattimore, Remedial Project Manager, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW--
MS9T25, Atlanta, GA 30303, (404) 562-8768, [email protected] or
Ron Tolliver at [email protected].
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2012-0063. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://www.regulations.gov website
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 https://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 https://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 hardcopy.
Publicly available docket materials are available electronically in
https://www.regulations.gov.
The EPA is temporarily suspending its Docket Center and Regional
Records Centers for public visitors to reduce the risk of transmitting
COVID-19. In addition, many site information repositories are closed
and information in these repositories, including the deletion docket,
has not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID.
FOR FURTHER INFORMATION CONTACT: Leigh Lattimore, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW--MS9T25, Atlanta, GA 30303, (404) 562-8768, email:
[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 announces its intent to delete the Fairfax St. Wood
Treaters Superfund Site from the National Priorities List (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 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 40 CFR
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.
The EPA will accept comments on the proposal to delete this 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 of this document discusses procedures
that the EPA is using for this action. Section IV of this document
discusses where to access and review the information that demonstrates
how the deletion criteria have been met at the Fairfax St. Wood
Treaters Superfund Site and demonstrates how it meets the deletion
criteria.
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
[[Page 36370]]
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.
Pursuant to CERCLA section 121(c) and the NCP, the 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. The EPA conducts such five-year reviews even if a site is
deleted from the NPL. The 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) The EPA consulted with the State before developing this Notice
of Intent to Delete.
(2) The EPA has provided the state 30 working days for review of
this document prior to publication of it today.
(3) In accordance with the criteria discussed above, the EPA has
determined that no further response is appropriate;
(4) The State of Florida, through the Florida Department of
Environmental Protection, has concurred with deletion of the Site from
the NPL.
(5) 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 Florida Times-Union. The newspaper notice
announces the 30-day public comment period concerning the Notice of
Intent to Delete the site from the NPL.
(6) 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 information repositories
identified above.
If comments are received within the 30-day public comment period on
this document, the EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. If necessary, the
EPA will prepare a Responsiveness Summary to address any significant
public comments received. After the public comment period, if the 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 in the site 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. 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 and History
The Fairfax St. Wood Treaters (FSWT) (CERCLIS ID: FLD000623041)
Superfund site encompasses 12.5 acres and is located at 2610 Fairfax
Street, in a predominantly residential area of Jacksonville, Duval
County, Florida. Features of the FSWT facility included a burned
building, parking lot, drip pad, former tank farm, and retention pond.
FSWT is bordered to the north by St. Johns/CSX railroad tracks, to the
east by Fairfax Street and residential properties beyond, to the south
by West 14th Street and residential properties beyond, and to the west
by Susie E. Tolbert and R.V. Daniels Elementary Schools (STES) and by
residential properties on Pullman Court. Moncrief Creek is located
about 1,000 feet west of the FSWT property. Overflow from the FSWT
retention pond flows into Moncrief Creek via a city drainage pipe,
which collects stormwater from the general area.
From 1980 to 2010, Wood Treaters, LLC operated a wood treating
facility that pressure-treated utility poles, pilings, heavy timber
items, and plywood lumber products using the wood treating preservative
chromated copper arsenate (CCA). CCA is characterized by a bright green
color and is composed of waterborne oxides, or salts, of chromium,
copper, and arsenic.
As a result of the wood treating operations and EPA's understanding
of the process at the facility, some of the contaminated soil is
contaminated with Resource Conservation and Recovery Act (RCRA) Listed
Hazardous Waste (F035). Under 40 CFR 261.31, F035 Listed hazardous
waste is defined as ``Wastewater (except those that have not come into
contact with process contaminants), process residuals, preservative
drippage, and spent formulations from wood preserving processes
generated at plants that use inorganic preservatives containing arsenic
or chromium.'' Under EPA's ``contained-in'' policy, contaminated media
(e.g., groundwater, soil, or sediments) is considered to contain RCRA
hazardous waste: (1) When media is contaminated with characteristic
hazardous waste and exhibits a characteristic of hazardous waste; or
(2) when the media is contaminated with hazardous constituents from
RCRA Listed Hazardous Waste. (63 FR 28617, May 26, 1998). For F035, the
RCRA hazardous constituents are arsenic and chromium. If contaminated
media (e.g. soil) contain Listed Hazardous Waste, then once generated
(i.e., excavated from the ground) they are with limited exceptions,
subject to all applicable RCRA hazardous waste requirements until EPA
(or an authorized State) determine the media no longer contains
hazardous waste. These RCRA requirements were identified in the ROD as
``applicable or relevant and appropriate requirements'' (ARARs)
consistent with CERCLA Section 121(d)(2) and the National Contingency
Plan (NCP) as well as EPA guidance. In addition, due to the elevated
concentrations of arsenic and chromium in soil and residual waste in
the former process area, there is a possibility that this soil/waste
could be determined by the Toxicity Characteristic Leaching Procedure
(TCLP) to be RCRA Toxicity characteristic waste under 40 CFR 261.24
[D004 and D007]. Residual waste material in pipes and drains are
classified as a RCRA Listed hazardous waste [F035]. Building and other
man-made debris that is contaminated with this Listed hazardous waste
may be hazardous debris under RCRA regulations.
[[Page 36371]]
Between 1980 and 1990, there was no stormwater management system on
the facility. The topography of the FSWT property and the surrounding
area is generally flat; therefore, stormwater was either directed to
the STES retention pond or flowed overland across the FSWT property.
Uncontrolled stormwater contaminated with CCA from the wood treating
process is believed to have overflowed onto neighboring properties
during this time, resulting in CCA contaminated soil. In 1990, FSWT
installed a stormwater collection and retention system, including site
grading and paving for drainage, stormwater collection swales,
diversion berms, and a polyethylene-lined retention pond.
After 1990, stormwater that collected in the treated wood storage
yard and areas other than the drip pad was diverted to ditches located
along the northern, southern, and western property boundaries. These
ditches drained into the retention pond at the northwestern corner of
the property. An overflow pipe is located in the retention pond so that
water overflows into the pipe and discharges into nearby Moncrief
Creek, a tributary of the Trout River.
Wood Treaters, LLC filed for bankruptcy in July 2010. In August
2010, after Wood Treaters, LLC, abandoned the facility, the EPA, at the
request of the FDEP, conducted emergency response (ER) activities at
the facility that included pumping out the water contained in the
secondary containment area and retention pond, removing product in
tanks, and collecting soil, surface water, sediment, and residual waste
material samples. Upon arrival, the EPA plugged the overflow pipe in
the on-site retention pond to prevent contaminated water in the pond
from flowing into Moncrief Creek. Once the on-site retention pond was
stabilized, the plug was removed.
In January 2011, the EPA conducted a removal investigation at the
FSWT property. During the removal investigation, soil samples were
collected from 17 residential properties, the STES and RVDES
properties, and the FSWT property. Arsenic, chromium, and copper were
detected in surface and subsurface soil samples collected from the FSWT
property.
In July 2011, the EPA conducted a removal confirmation and
residential sampling event at the FSWT property. Removal activities
included excavation of gravel and soil down to 1.5 feet below land
surface (bls) along the northern, western, and southern portions of the
property. Between March and October 2011, the EPA conducted removal
activities at the FSWT property and the adjacent STES and RVDES shared
playground.
In May 2011, the EPA conducted a site assessment investigation at
the FSWT property. During the investigation, soil samples were
collected along the northern and western portions of the FSWT property,
along the southern FSWT property boundary, beneath the concrete that
covered the majority of the FSWT property, and from nearby residential
properties. Groundwater samples were also collected from monitoring
wells installed by Wood Treaters, LLC throughout the property and
around the STES retention pond.
The site was proposed to be on the National Priorities List (NPL)
on March 15, 2012 (77 FR 15344), and was finalized on September 18,
2012 (77 FR 57495).
Remedial Investigation and Feasibility Study (RI/FS)
Between 2012 and 2013, the EPA conducted a remedial investigation
(RI) and risk assessment to fully characterize site contaminants, fate
and transport, and receptors for all exposure routes on and off-site.
Based on the Human Health Risk Assessment (HHRA) and the Screening-
Level Ecological Risk Assessment (SLERA), unacceptable risks were
estimated for non-residential and residential exposures to arsenic,
copper, chromium, and polycyclic aromatic hydrocarbons (PAHs) on site.
For off-site residential soils, the EPA believed that soils immediately
adjacent to the FSWT property and nearby residential yards were
contaminated by former wood treating operations conducted at the site.
The HHRA determined that several residential yards exceed EPA's
acceptable risk range. It was determined that the site-related
contamination migrated due to stormwater runoff and spray from the
tires of the trucks leaving the site from the south, east, and west.
The EPA and FDEP decided to address all residential parcels that were
impacted by site-related contamination and where arsenic concentrations
are above the background concentration of 2.36 ppm.
The SLERA also identified a risk for an avian receptor that may use
the on-site retention pond as a primary food source and the sediments
warrant a response action. Within Moncrief Creek, the major area of
sediment contamination is located about 1,800 feet downstream of the
discharge point of stormwater from the FSWT site to the creek. However,
further investigation of stream sediments in Moncrief Creek located
off-site was needed to determine if a response action is warranted to
protect the environment. It was determined that if a response action
was warranted, a focused feasibility study will be completed and the
additional contaminated areas will be remediated as a second operable
unit under the FSWT site.
The Feasibility Study evaluated excavation and off-site disposal
and with different treatment options for soils considered RCRA
hazardous. The future anticipated land use is residential. Cleanup
concentrations were developed to be protective of human health and are
based on future anticipated land use.
Selected Remedy
EPA chose excavation and off-site treatment and disposal as the
best option for the remedial action at the site. The Record of Decision
(ROD) was signed on August 22, 2017. The major components of the remedy
included excavation of the 12.5 area parcel, sediment in the on-site
retention pond, and off-site properties. In addition to excavation, the
remedy included temporary storage of generated waste, off-site disposal
at EPA approved landfills, backfilling and restoration activities. The
Remedial Action Objectives were: (1) Prevent human exposure (direct
contact and ingestion) to on-site soil with concentrations of COCs
above levels protective of residential use; (2) Prevent migration of
contaminated stormwater runoff from the FSWT site to adjacent
properties and Moncrief Creek; (3) Prevent unacceptable risk to
ecological receptors (benthic organisms and avian) from contaminated
sediments and surface water in the on-site retention pond; (4) Prevent
direct contact with residual waste material and contaminated building
structures located on the site, including the drip pad and process
containment areas; and (5) Prevent off-site residential human exposure
(direct contact and ingestion) to soil with concentrations of arsenic
above levels protective of residential use.
Response Actions
In accordance with the ROD, a pre-design field investigation was
performed to fill data gaps at the school property and at residential
properties east of the FSWT Site for arsenic concentrations and to
provide additional site-specific information needed to develop the RD.
Three residential properties were sampled consistent with the RI
sampling. Two of the properties exceeded the arsenic cleanup level.
STES delineation soil samples were collected on March 20, 2018 and
June
[[Page 36372]]
12 through June 14, 2018. Arsenic concentrations exceeded the cleanup
level. The EPA and FDEP recognized the potential concern of the parents
and community and worked together to address the impacted soil as soon
as possible. Since the EPA did not have RA funding, FDEP mobilized,
removed, and disposed of offsite the impacted soil during the summer
break when students were not present. This facilitated a component of
the selected remedy.
Starting on July 9, 2018, the FDEP, started collecting additional
soil samples for delineation of the area needing removal on the STES.
Excavation activities occurred from July 16, 2018 through August 12,
2018, and were completed in 25 days. Approximately 3,360 tons of soil
was removed from the school property during the excavation activities.
The excavated area was backfilled and restored.
The Remedial Action began in February 2019 and construction
activities were completed in October 2019. The 51 residential
properties, the 12.5-acre property, and the on-site retention pond were
remediated and restored. The EPA contractor excavated, stockpiled, and
disposed of roughly 67,000 tons of excavated soils and sediments at EPA
approved RCRA facilities. The EPA also collected confirmation samples
from the floors and sidewalls of excavation areas and continued
excavating soil if confirmation samples exceeded cleanup levels.
In July 2019, the EPA collected sediment samples, fish, insects,
and crayfish along Moncrief Creek to address uncertainties raised in
the SERLA. The analyses of the data concluded that site-related
contaminants (arsenic, copper, chromium) are not likely to be
appreciable contributors to the toxicity levels observed in the
sediment toxicity tests from sediment samples from the retention basin
and that site-related metals contamination in the Moncrief Creek
retention basin is not likely to cause appreciable or unacceptable
risks to ecological receptors that may feed at the Moncrief Creek
retention basin. Therefore, it was determined the EPA would not take a
response action on Moncrief Creek.
The completion of Remedial Action was documented in the Final
Remedial Action Report and documented in a Superfund Remedial Action
Completion memorandum signed on March 11, 2020 (Superfund Enterprise
Management System (SEMS) document identification number 11143607). The
reports and the memorandum are available in the deletion docket and
they describe the cleanup techniques, cleanup concentrations for COCs,
confirmation testing results, and QA/QC methodologies.
Cleanup Levels
Except for arsenic, the cleanup levels for the on-site and off-site
contaminated surface soils are based on FDEP's SCTLs for direct
exposure and residential use (Florida Administrative Code [F.A.C.] 62-
777 Table II). These SCTLs are identified as chemical-specific ARARs.
Neither EPA (as a policy matter) nor Florida set cleanup levels for an
individual contaminant that is more stringent than the site-specific
background concentration for that contaminant, provided that the
background level is protective of human health and the environment.
Therefore, the EPA used the site-specific background level of 2.36 ppm
for arsenic instead of the FDEP SCTL. The cleanup levels for sediments
are based on Florida's sediment quality assessment guidelines for the
protection of sediment-dwelling organisms. The cleanup levels can be
found in the Record of Decision (SEMS 11054367)
Operation and Maintenance
Since the RA cleanup levels achieved unlimited use and unrestricted
exposure (UU/UE), there is no need for Operation and Maintenance (O&M).
However, the owner of the property should employ good housing keeping
practices to ensure proper drainage of stormwater from the site and
should include routine inspection of all site areas for evidence of
positive drainage towards the site ditches and retention pond, routine
mowing of site grass, routine removal of debris and vegetation other
than grass from the ditches and retention pond, and routine inspection
and removal of any debris, vegetation or other obstruction from the
pond inlet structures and pipes.
Five-Year Review
Hazardous substances, pollutants, or contaminants will not remain
at the Site above levels that allow for UU/UE after completion of all
remedial action construction. Therefore, a statutory five-year review
under CERCLA Section 121(c) will not be required for this remedial
action.
Community Involvement
The EPA held numerous community meetings before and during the
residential cleanup. The EPA issued fact sheets and maintained a public
website during remedial construction. After the cleanup was complete,
the EPA released final fact sheets and held a final availability
session to highlight the accomplishment and answer any questions and
concerns.
All EPA documents are on the site's public website. A notice is
being published in a major local newspaper, the Florida Times-Union and
postcards have been sent out notifying the pubic of the deletion.
Determination That the Site Meets the Criteria for Deletion in the NCP
The EPA has followed all procedures required by 40 CFR 300.425(e),
Deletion from the NPL. The EPA consulted with the State of Florida
prior to developing this document. The EPA determined that both the EPA
and FDEP have conducted all appropriate response actions required and
that no further response action for this portion of the Site is
appropriate. The EPA is publishing a notice in a major local newspaper,
The Florida Times-Union, of its intent to partially delete the Site and
how to submit comments. The EPA placed copies of documents supporting
the proposed partial deletion in the Site information repository; these
documents are available for public inspection and copying.
The implemented remedy achieved the degree of cleanup and
protection specified in the ROD. The selected remedial action
objectives and associated cleanup levels for the surface soil are
consistent with agency policy and guidance. Based on information
currently available to the EPA, no further Superfund response in the
area proposed for deletion is needed to protect human health and the
environment.
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.
Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.
Dated: June 4, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12692 Filed 6-15-20; 8:45 am]
BILLING CODE 6560-50-P