[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42813-42817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14430]
[[Page 42813]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2011-0066; FRL-10011-58-Region 4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Red Panther Chemical Company
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 the Red Panther Chemical Company Superfund
Site (Site) located in Clarksdale, Mississippi, 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 Mississippi, through the Mississippi Department of
Environmental Quality (MDEQ), have determined that all appropriate
response actions under CERCLA have been completed. However, this
deletion does not preclude future actions under Superfund.
DATES: Comments must be received by August 14, 2020.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2011-0066, by one of the following methods:
``https://www.regulations.gov'' https://www.regulations.gov. Follow on-line 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
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 https://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, the 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 the EPA's
Docket Center and the 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,
the EPA recommends that, to the extent feasible, any correspondence
mailed to the Agency should also be sent via email.
For question on this Notice and submission of comments
please contact--Carter Owens, Remedial Project Manager, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW--
MS9T25, Atlanta GA, 30303, (404) 562-8445, [email protected] or
La'Tonya Spencer at [email protected].
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2011-0066. 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 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 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 the hard
copy. Publicly available docket materials are available electronically
at 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 the 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-19. The EPA is committed
to continuing our critical work on behalf of the American public while
also safeguarding the health and safety of the public and the families
of the EPA employees by taking responsible measures to help prevent
transmission of the coronavirus. Thank you for your cooperation and
understanding.
FOR FURTHER INFORMATION CONTACT: Carter Owens, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303, (404) 562-8445, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
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I. Introduction
The EPA Region 4 announces its intent to delete the Red Panther
Chemical Company 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 preamble explains the criteria for deleting
sites from the NPL. Section III of this preamble discusses procedures
that the EPA is using for this action. Section IV of this preamble
discusses where to access and review information that demonstrates how
the deletion criteria have been met at the Red Panther Chemical Company
Superfund Site.
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 before developing this Notice
of Intent to Delete;
(2) The EPA has provided the state 30 working days for review of
this action 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 Mississippi, through the Mississippi Department of
Environmental Quality, 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 Clarksdale Press Register Newspaper. The newspaper
notice announces the 30-day public comment period concerning the Notice
of Intent to Delete the Site from the NPL; and
(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 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 Intended Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Red Panther Chemical Company Site (CERCLIS ID: MSD000272385) is
located in a mixed commercial-residential area of Clarksdale, Coahoma
County, Mississippi. The Site area includes, but is not limited to, the
6.5-acre former Red Panther Facility (RPF) property, the 18th Street
Neighborhood located to the west of the RPF, the vacant Industrial
Parcel (IP) located south of the RPF, and the Storm Water Drainage
Ditch Outfall located about 2,500 feet southwest of the RPF. The
geographical coordinates of the RPF property are latitude
34[deg]11'14.67'' North and longitude 90[deg]33'41.85'' West. A
pesticide formulation plant was operated at the RPF from 1949 to 1996.
The plant formulated liquid and powdered herbicides, insecticides, and
fungicides, including products containing toxaphene, aldrin, arsenic,
dieldrin, and dichlorodiphenyltrichloroethane (DDT).
In 1999, the EPA conducted surface and subsurface soil sampling of
the drainage ditches to the east of the property, the former onsite
leaching field and septic tank, and the rail spur in front of the
loading dock along the west side of the property. Samples were analyzed
for metals and pesticides, and results indicated elevated levels of
arsenic, organo-chlorine pesticides and their degradation by-products.
In September 2001, the EPA entered into an Administrative
Settlement Agreement and Order on Consent (ASAOC) with the Site
Potentially Responsible Party (PRP) group for a PRP-conducted removal
action and additional characterization. The 2001 ASAOC identified the
following constituents of concern (COCs) and set performance standards
governing the removal action for surface and subsurface soils:
Surface Soil: Arsenic, toxaphene, dieldrin, and total
chlorinated pesticides. Performance standards were established for
surface soil COCs at 39 ppm, 3 ppm, 23 ppm, and 100 ppm, respectively;
and
Sub-surface Soil: Arsenic, toxaphene, and dieldrin.
Performance standards were established for sub-surface soil COCs at 220
ppm, 15 ppm, and 270 ppm, respectively.
Performance standards are not equivalent to remedial goals.
Performance standards are developed as site-specific screening levels
in accordance with the EPA's 1996 Soil Screening Guidance (SSG) and
2002 Supplemental Guidance for Developing Soil Screening Levels for
Superfund Sites. SSG is a tool developed by the
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EPA to help standardize and accelerate the evaluation and cleanup of
contaminated soils at sites on the NPL where future residential land
use is anticipated. Generally, at sites where contaminant
concentrations fall below screening levels, no further action or study
is warranted under CERCLA.
In late 2002 and early 2003, surface soils, above the 2001 ASAOC
performance standards, were excavated from the drainage ditches along
the east side of the Site between the site property boundaries and
Route 49 (Desoto Avenue). Approximately 825 tons of non-hazardous soils
were disposed of off-site at the Waste Management Subtitle D landfill
in Tunica Mississippi. Approximately 75 tons of hazardous soils were
stockpiled onsite and secured. During the ditch remediation, additional
soil characterization samples were collected from the Site. Samples
collected from the northern portion of the Site had elevated levels of
arsenic only and were not impacted by chlorinated pesticides. Samples
collected along the railroad on the western portion of the Site had
elevated levels of arsenic and chlorinated pesticides. Samples
collected from the southern portion of the Site had lower levels of
arsenic, but elevated levels of chlorinated pesticides.
An additional PRP-led removal action was conducted at the Site in
2005 to remove remaining impacted soils above the 2001 ASAOC
performance standards. During the additional excavation work,
approximately 14,500 tons of soils and 1,150 tons of concrete were
excavated and disposed of off-site at the Waste Management Subtitle D
landfill in Tunica Mississippi in accordance with the CERCLA Off-Site
Rule. Approximately 7,500 tons of hazardous soil and 32 tons of
hazardous concrete were excavated and treated off-site. The hazardous
soil was split with roughly 5,500 tons being sent to the Emelle,
Alabama facility for stabilization and the remaining tonnage of
hazardous soils sent to the Onyx facility in Port Arthur, Texas for
incineration. Additionally, 233,000 pounds of tank sludges from eight
aboveground storage tanks (ASTs) were also removed and disposed off-
site at the Emelle, Alabama facility. Post-excavation sampling
confirmed that the 2001 ASAOC performance standards were met. Site
excavations conducted in 2001, 2002, and 2005 and sampling of the 18th
Street Neighborhood were summarized in the Phase II Soil Removal
Report, dated October 2005. It was prepared by site PRP's and approved
by the EPA in January 2006.
During the 2005 removal action, the EPA collected 31 composite
samples from 30 residential yards in the 18th Street Neighborhood and
four groundwater samples from active municipal water supply wells. Two
of the municipal wells sampled were approximately 600 feet deep, and
the other two municipal wells were approximately 1,000 feet deep. All
samples were analyzed for pesticides, aluminum, arsenic, and iron. Of
the 30 residences sampled, 26 samples were above background
concentrations for pesticides, with dieldrin exceeding the performance
standard in 11 samples and toxaphene exceeding the performance standard
in four samples. Sample detections were located near the foundations of
the residences and the exceedances were determined to be the result of
the application of dieldrin-based termiticide, therefore further
removal was not conducted at the residences as the elevated results
were not considered site related. No pesticides were detected in the
groundwater samples and metals were not detected at elevated
concentrations in any samples. Residential sampling conducted in the
18th St. Neighborhood and groundwater samples collected from municipal
water supply wells were summarized in a Removal Assessment Letter
Report, dated December 2005.
In 2007, groundwater samples were collected from nine temporary
monitoring wells, one onsite permanent monitoring well, and four
municipal water supply wells as part of a Site Inspection. The
temporary well samples were collected from between 25 and 45 feet from
the top of the casing elevation, depending on depth to water. The
permanent monitoring well depth was approximately 48 feet. Eight of the
temporary monitoring wells were installed around the perimeter of the
Site, with the ninth well being installed in the center of the Site.
All well samples were analyzed for volatile organic compounds, semi-
volatile organic compounds, metals (including mercury), cyanide, and
pesticides; the municipal well samples were also analyzed for
polychlorinated biphenyls. The groundwater at the Site had one
detection of DDT at a concentration greater than the background well at
temporary well TW-07. It should be noted that the groundwater sample
collected from TW-07 was collected from perched water exhibiting highly
elevated turbidity, and it is believed that the detection was
associated with the particulate matter.
In 2010, the EPA conducted a Removal Site Evaluation (RSE) and an
air deposition study. A total of 76 locations were sampled in all
directions, up to a quarter mile from the Site, including the 18th
Street Neighborhood. Composite soil samples were collected from 0 to 3-
inches below ground surface (BGS). Pesticides were detected in all the
composite samples collected. A total of 32 of the 84 samples (73
composites, 3 background composites, and 8 duplicates) exceeded three
times the background concentrations. Sample results from all but one of
the locations reflected concentrations below 10-5 excess
cancer risk levels applicable to the detected COCs. There were four
residential properties with dieldrin soil levels detected above the
background level of 52 micrograms per kilogram ([micro]g/kg), but below
the level of 340 ug/kg which corresponds to 10-5 cancer risk
for a residential scenario. The four residential property soil
detections likely resulted from application of dieldrin-based
termiticide as was determined during the 2005 removal action sampling.
The air deposition study addressed the potential migration pathway from
wind borne dust resulting from normal operations and/or dust from the
November 1985 fire at a warehouse at the RPF. At the time, the RPF was
no longer a production facility but was a warehousing operation.
Statistical analysis comparing pesticide concentrations collected
during the EPA's 2010 air deposition study to spatial distance from the
RPF showed that concentrations seen in the 18th Street Neighborhood are
unlikely to be the result of such air deposition.
A Hazardous Ranking System documentation package was prepared for
the Site. The HRS process evaluates the migration and exposure pathways
of contaminated site media and gives a numerical score based on the
cumulative threat for exposure. For the RPF site, groundwater migration
and soil exposure pathways were evaluated. The HRS process yielded a
score of 39.43, with 28.5 being the threshold criteria to list a site
on the NPL. The Site was proposed to the NPL on 3/10/2011 (76 FR 13113)
and placed as final on the NPL on 9/16/2011 (76 FR 57662). The Site
CERCLIS ID is MSD000272385.
Remedial Investigation
On September 26, 2016, the EPA entered into another ASAOC with the
Red Panther PRPs to perform a Focused Remedial Investigation/
Feasibility Study (FRI/FS). The primary purpose of this ASAOC was to
determine the nature and extent of contamination and identify any
threat to the public health, welfare, or environment caused by the
release or threatened release of hazardous substances, pollutants or
[[Page 42816]]
contaminants at or from the Site by performing a FRI.
The FRI assessed potential risks posed to residents from dermal
contact or accidental ingestion of soils in residential areas or off-
site drainage areas; to industrial or commercial workers from dermal
contact or accidental ingestion of soils at the RPF or IP; to
accidental ingestion of groundwater from the Mississippi aquifer; and
to ecological receptors.
The 2018 FRI included sediment sampling, soil sampling,
installation of three groundwater monitoring wells, and groundwater
sampling within four main areas. Those four areas included: The RPF, a
vacant IP located immediately south-southeast of the RPF, a storm sewer
drainage ditch located approximately 0.5 miles southwest of the RPF,
and five residential properties located west of the RPF.
A significant component of the HRS score, which led to placement of
the Site on the NPL, was the elevated concentration of pesticides
detected in a single monitoring well. One of the primary objectives of
the FRI was to determine the nature and extent of any groundwater
contamination. The FRI sampling results indicate that soil, sediment,
and groundwater at the Site do not pose any unacceptable human health
risks to current and future receptors that exceed the acceptable EPA
risk range of 10-4 to 10-6 cancer risk.
Groundwater results were less than three times the background well
concentration and confirmation results for dieldrin were five times
lower than the tapwater regional screening level (RSL). Soils evaluated
at the RPF indicated pesticide concentrations less than the industrial
risk level established by the site-specific risk assessment. Soil
samples collected at 18th Street Neighborhood residential properties
were all below the associated RSLs, except for samples collected near
the foundations. The exceedances in the foundation samples was
determined to be related to termiticide usage. Inclusion of aliquots
from those foundations biased prior results obtained during prior
sampling events, including the soil exposure pathway used for HRS
scoring. Additionally, the groundwater sampling conducted during the
FRI ruled out groundwater contamination as a human health risk, thus
the EPA selected a no-further-action remedy and is proposing to delete
the Site from the NPL.
In addition, the May 2020 Review of Removal Action Confirmatory
Data Memorandum (Memorandum) from the Site Human Health Risk Assessor
(HHRA) evaluated the data from four IP samples that would be considered
surface soil for purposes of residential human exposure (no deeper than
1 foot). The data from these samples were analyzed for arsenic,
dieldrin, and toxaphene. The HHRA compared the confirmatory sample data
to health risk-based levels for a chronic, daily residential receptor
scenario and found none of the samples had reported levels of these
analytes that would pose a summed excess cancer risk exceeding
10-4, or a noncancer hazard quotient (HQ) exceeding 1. The
Memorandum further stated that the same conclusion is reached even if
the maximum level for each contaminant from the four sample locations
is assumed for chronic residential exposure. Based upon these reported
surface soil data, the Site is protective of human health and the
environment and does not require use restrictions.
Cancer risk estimates from the HHRA indicate no unacceptable cancer
risk is present at the IP from the potentially complete exposure
pathways to the potential receptor populations. Similarly, hazard index
estimates also indicate no unacceptable non-cancer hazards from the
potentially complete exposure pathways to the potential receptor
populations.
Removal actions conducted in 2002 and 2005 on the RPF parcels and
storm water drainage ditch met established performance standards and
left no hazardous substances, pollutants, or contaminants remaining on
Site above levels that exceed the threshold for unlimited use and
unrestricted exposure (UU/UE). Residential yards, in the 18th St.
Neighborhood, sampled during the 2005 removal action and 2010 RSE
showed no site-related hazardous substances, pollutants, or
contaminants existed above levels for UU/UE. Subsequent sampling and
data analysis presented in the 2018 FRI and May 2020 HHRA Memorandum
support this conclusion.
Selected Remedy
Based upon FRI sampling results indicating that soil, sediment, and
groundwater at the Site do not pose any unacceptable human health risks
to current and future receptors, the EPA issued the ROD on August 21,
2019 that selected a remedy of No Further Action. The FRI confirmed
that previous removal actions conducted between 2002 through 2005
addressed unacceptable risks to human health and the environment. The
Administrative Record for the Red Panther Chemical Company Site is
available for review at the Carnegie Public Library, located at 114
Delta Avenue, Clarksdale, Mississippi, and at the EPA Region 4 Records
Center in Atlanta, Georgia. The State of Mississippi, as represented by
the MDEQ, supported the No Further Action remedial alternative for the
Site as protective of human health and the environment.
Institutional Controls
Per the ROD, institutional controls (ICs) are not required to
restrict land or groundwater use throughout the Site. As a result of
removal actions conducted at the Site between 2002 through 2005, the
cleanup achieved the UU/UE threshold and does not require ICs for long-
term remedy protectiveness. The RPF currently has an industrial zoning
designation and is expected to remain industrial in the future. In
addition to the industrial zoning, maximum surface soil concentrations
for both dieldrin and toxaphene from the IP assessed in the HHRA showed
acceptable risks (i.e., not exceeding 10-4 excess cancer
risk or HQ of 1) for both industrial and residential receptors.
Community Involvement
The EPA has been actively engaged with the affected community and
has strived to maintain a collaborative relationship with those
interested residents during the FRI and the remedy selection process.
Determination That the Criteria for Deletion Have Been Met
The EPA has followed all procedures required by 40 CFR 300.425(e),
Deletion from the NPL. The EPA consulted with the State of Mississippi
prior to developing this Notice. The EPA determined that both the EPA
and MDEQ have conducted all appropriate response actions required and
that no further response action for the Site is appropriate. The EPA is
publishing a notice in a major local newspaper, The Clarksdale Press
Register Newspaper, to inform the public of its intent to delete the
Site and how to submit comments. The EPA placed copies of documents
supporting the proposed deletion in the site information repository;
these documents are available for public inspection and copying.
The selected remedial action objectives and associated cleanup
levels for the surface and subsurface soils are consistent with agency
policy and guidance. Based on information currently available to the
EPA, no further Superfund response at the Site is needed to protect
human health and the environment.
[[Page 42817]]
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. 1251 et seq..
Dated: June 26, 2020.
Mary Walker,
Regional Administrator Region 4.
[FR Doc. 2020-14430 Filed 7-14-20; 8:45 am]
BILLING CODE 6560-50-P