[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Proposed Rules]
[Pages 9988-9993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-4624]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7629-3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the West Virginia 
Ordnance Works Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region III announces 
its intent to delete five areas of the West Virginia Ordnance Works 
(WVOW) National Priorities List (NPL) site from the NPL and requests 
public comment on this action. The areas are the Operable Unit 10 (OU-
10) South Acids Area, Cooling Tower Area, and Toluene Storage Areas; 
the Expanded Site Investigation 1 (ESI-1) Magazine Area; the ESI-4 Red 
Water Outfall Sewer; the ESI-6 Motorpool/Maintenance Area; and the ESI-
7 Former Sewage Treatment Plant. The NPL constitutes Appendix B to the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR part 300, which EPA promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA).
    This proposal for partial deletion pertains only to OU-10, ESI-1, 
ESI-4, ESI-6, and ESI-7. The U.S. Army Corps of Engineers (USACE), 
together with EPA, issued a no further action Record of Decision (ROD) 
for OU-10. USACE and EPA issued no further action Decision Documents 
for ESIs-1, -4, -6, and -7, which were concurred upon by the West 
Virginia Department of Environmental Protection (WVDEP). EPA bases its 
proposal to delete these five areas at WVOW on the determination by 
EPA, USACE, and WVDEP that all appropriate actions under CERCLA have 
been implemented to protect human health and the environment at OU-10 
and ESIs-1, -4, -6, and -7.
    This partial deletion pertains only to these areas of the WVOW site 
and does not include any other ESI or any OU. All other ESIs and OUs 
not previously deleted will remain on the NPL, and investigation and 
response activities will continue at those ESIs and OUs.

DATES: EPA will accept comments on this proposal until April 2, 2004.

ADDRESSES: Comments may be submitted to the following: Mr. Jack 
Potosnak, PE, Remedial Project Manager, U.S. EPA, Region III (3HS13), 
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029, Telephone: 
(215) 814-3362.

INFORMATION REPOSITORIES: Comprehensive information on the WVOW site, 
information specific to this proposed partial deletion, the 
Administrative Record and the Deletion Docket for this partial deletion 
are available for review at the following WVOW site document/
information repositories:
    Mason County Public Library, 508 Viand Street, Point Pleasant, WV 
25550, (304) 675-0894, Hours of Operation: Monday through Thursday, 10 
a.m.-8 p.m. and Friday through Saturday, 10 a.m.-5 p.m.
    U.S. EPA Region III Library, 1650 Arch Street, Philadelphia, PA 
19103-2029, (215) 814-5254, Hours of Operation: Monday through Friday, 
8 a.m.-5 p.m.
    U.S. Army Corps of Engineers, Huntington District, 502 8th Street, 
Huntington, WV 25701, (800) 822-8413 or (304) 399-5388, Hours of 
Operation: Monday through Friday, 8 a.m.-4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Jack Potosnak, PE, Remedial 
Project Manager, U.S. EPA Region III (3HS13), 1650 Arch Street, 
Philadelphia, PA 19103-2029, (215) 814-3362.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    The United States Environmental Protection Agency (EPA) Region III 
announces its intent to delete a portion of the West Virginia Ordnance 
Works (WVOW) site located in Mason County, West Virginia, from the 
National Priorities List (NPL), which constitutes Appendix B of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR part 300, and requests comments on this proposal. This proposal 
for partial deletion pertains to OU-10, ESI-1, ESI-4, ESI-6, and ESI-7.
    The WVOW site is located on the east bank of the Ohio River, 
approximately six miles north of Point Pleasant, Mason County, West 
Virginia. Contamination of the WVOW site originated from the operation 
of a trinitrotoluene (TNT) manufacturing facility during World War II. 
Nitroaromatic (explosive) compounds are the primary contaminants of 
concern at the WVOW site.
    The WVOW site, as added to the NPL in 1983, encompassed an entire 
area of approximately 8,323 acres. In 1994, after 11 years of 
investigation and other activities at the WVOW site that helped to 
determine where contamination at the site existed, EPA, USACE, and 
WVDEP worked together to clarify the boundary of the WVOW site by 
developing a site boundary map delineating areas of known or suspected 
contamination. The WVOW site boundary as delineated in the 1994 mapping 
encompassed approximately 2700 acres. This clarification of the site 
boundary was undertaken in accordance with EPA's interpretation of 
``facility,'' which was defined by Congress in section 101(9)(B) of 
CERCLA, 42 U.S.C. 9601(9)(B), as ``any site or area where a hazardous 
substance has been deposited, stored, disposed of, or placed or 
otherwise come to be located * * *.'' EPA has routinely explained how 
site boundaries are determined when notifying the public regarding 
additions to the NPL. See, e.g., National Priorities List for 
Uncontrolled Hazardous Waste

[[Page 9989]]

Sites, 67 FR 56757, 56759 (Sept. 5, 2002).
    A previous partial deletion of the WVOW site from the NPL was 
completed on December 13, 2002 by publication of a Notice of Partial 
Deletion (NOPD) in the Federal Register, 67 FR 76683 (Dec. 13, 2002). 
No public comments were received in response to the Notice of Intent 
for Partial Deletion, which was published in the Federal Register 
approximately seven weeks before the NOPD, 67 FR 64846 (Oct. 22, 2002). 
The partial deletion, which removed approximately 512 acres from the 
WVOW site, was comprised of the OU-11 Sellite Plant, the OU-12 North 
and South Powerhouses and Vicinity, the ENV-6 Wetlands Mitigation Area, 
the ESI-3 Tract 21, the ESI-5 Refueling Depot, and the ESI-9 Main and 
Outgoing Classification Yards.
    The current WVOW site boundary, after the 2002 partial deletion, 
encompasses approximately 2,188 acres. All areas proposed for deletion 
from the NPL are located within the current boundary for the WVOW site. 
The Clifton F. McClintic Wildlife Management Area (MWMA) occupies 2,788 
acres of the 1983 site, and most of the MWMA is also within the current 
NPL boundary.

OU-10: South Acids Area, Cooling Tower Area, and Toluene Storage Areas

    A focused remedial investigation was conducted for OU-10 in 1995; 
however, surface soil samples were not collected until November 2000. 
Monitoring wells were installed in 2002 to periodically test and 
analyze groundwater. Based on these investigations, it was determined 
that hazardous substances within OU-10 do not pose an imminent and 
substantial danger to public health and welfare or to the environment. 
USACE and EPA issued a ROD in September 2003, which was concurred upon 
by the WVDEP, documenting the conclusion that no remedial action was 
required at OU-10 because no contaminants present in the soil, 
sediment, surface water or groundwater at OU-10 pose a threat to human 
health or the environment.

ESI-1: Magazine Area

    The southwest portion of ESI-1 overlaps with OU-7, the Point 
Pleasant Landfill. Several investigations have been conducted within 
ESI-1. Based on these investigations, no further risk characterization 
was recommended for those portions of ESI-1 that do not overlap with 
OU-7. Therefore, on January 22, 2003, USACE, EPA and WVDEP executed a 
Decision Document stating that no further action is necessary to 
protect human health and the environment and that ESI-1 should be 
removed from the NPL, with the exception of the portion of ESI-1 that 
overlaps with OU-7. OU-7 is being addressed by EPA and is not part of 
this proposed partial deletion.

ESI-4: Red Water Outfall Sewer

    Field investigations, consisting of soil and groundwater sampling 
and analysis, geophysical surveys, and confirmatory excavations, were 
performed in 1994, 1997, and 2003 at the Red Water Outfall Sewer, 
designated as ESI-4. The data from these field investigations were 
undertaken to discover if nitroaromatic compounds, which could have 
been produced by operations at the former WVOW, were present in soil 
and groundwater. Evaluation of contaminant levels and site conditions 
indicated that ESI-4 poses no significant threat to human health. On 
June 25 and 29, 2003, USACE, EPA, and WVDEP executed a Decision 
Document stating that no further action is necessary to protect human 
health and the environment and that ESI-4 should be removed from the 
NPL.

ESI-6: Motorpool/Maintenance Area

    Prior to 1994, no known environmental studies of soil or 
groundwater had been conducted at the Motorpool/Maintenance Area. The 
objective of ESI-6 was to determine whether contamination directly 
associated with former WVOW site activities existed within the 
Motorpool/Maintenance Area and, if present, the nature of this 
contamination. The initial ESI-6 investigation conducted in 1994 
included a geophysical survey and subsurface soil sample collection. In 
1997, as part of a data gaps investigation, several hydropunch 
groundwater samples were collected and analyzed. The 1997 investigation 
showed magnetic anomalies and low levels of petroleum contamination in 
site soils in the gasoline area of ESI-6, so an investigation was 
completed in 1999 to further determine whether underground storage 
tanks (USTs) could be present. The 1999 investigation did not discover 
any USTs in the gasoline area, and it was presumed that an UST for 
storing and dispensing gasoline had most likely been removed at some 
time after the WVOW facility ceased operation. However, trenching 
activities were undertaken in the locomotive area and in 2000 an UST 
was removed. A supplemental investigation was conducted in 2002 to 
provide further information on potential contamination in ESI-6 surface 
and subsurface soil from lead, volatile organic compounds (VOCs), and 
PCBs and in ESI-6 groundwater from VOCs.
    Based on these investigations, it was determined that ESI-6 poses 
no significant threat to human health or the environment. This finding 
was based on the following facts: (a) Remedial activities in 2000 
removed the UST and surrounding soils in the locomotive area, which was 
the only likely source of contamination; (b) no significant 
contamination was found in site groundwater; and (c) there is no 
potential for significant release of hazardous substances because the 
UST and contaminated soils have been removed. On June 18, 2003, USACE, 
EPA, and WVDEP executed a Decision Document stating that no further 
action is necessary to protect human health and the environment and 
that this area should be removed from the NPL.

ESI-7: Former Sewage Treatment Plant

    The objective of ESI-7 was to determine the existence and, if 
present, the nature of contamination directly associated with the 
plant's influent lines and outfall. The initial ESI-7 investigation 
completed in 1994 consisted of the collection and analysis of one 
collocated surface water and sediment sample taken 100 feet downstream 
of the plant's discharge conduit. The sample was analyzed for target 
compound list and target analyte list volatile organic compounds, 
semivolatile organic compounds, and metals. In addition, the sediment 
sample was analyzed for nitroaromatic compounds. On September 28, 2000, 
USACE, EPA, and WVDEP executed a Decision Document stating that no 
further action is necessary to protect human health and the 
environment; however, concerns were later raised concerning the 
wastewater influent lines. Additional sampling within the lines that 
carry wastewater to the plant was conducted in 2003. Based on the 
analysis of the sampling and site conditions, ESI-7 poses no 
significant threat to human health or the environment and requires no 
further action to address WVOW-related contaminants.

II. NPL Deletion Criteria

    This partial deletion of the WVOW site is proposed in accordance 
with 40 CFR 300.425(e) and the Notice of Policy Change: Partial 
Deletion of Sites Listed on the National Priorities List, 60 FR 55446 
(Nov. 1, 1995). 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

[[Page 9990]]

response is appropriate to protect public health or the environment. 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:
    Section 300.425(e)(1)(i). Responsible parties or other persons have 
implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii). All appropriate responses under CERCLA 
have been implemented, and no further response action by responsible 
parties is appropriate; or
    Section 300.425(e)(1)(iii). The remedial investigation has shown 
that the release poses no significant threat to public health or the 
environment and, therefore, taking of remedial measures is not 
appropriate.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent CERCLA actions at the area deleted if future 
site conditions warrant such actions. Section 300.425(e)(3) of the NCP 
provides that CERCLA actions may be taken at sites that have been 
deleted from the NPL. A partial deletion of a site from the NPL does 
not affect or impede EPA's ability to conduct CERCLA response 
activities at areas not deleted and remaining on the NPL. In addition, 
deletion of a portion of a site from the NPL does not affect the 
liability of responsible parties or impede agency efforts to recover 
costs associated with response efforts.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke a person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist agency 
management. The following procedures were used for the proposed 
deletion of OU-10 and ESIs-1, -4, -6, and -7 at the WVOW site:
    1. EPA has recommended the partial deletion and USACE has prepared 
the relevant documents.
    2. The State of West Virginia through the West Virginia Department 
of Environmental Protection concurs with this partial deletion.
    3. Concurrent with this national Notice of Intent for Partial 
Deletion, a notice has been published in a newspaper of record and has 
been distributed to appropriate federal, state, and local officials, 
and other interested parties. These notices announce a thirty (30) day 
public comment period on the deletion package, which commences on the 
date of publication of this notice in the Federal Register and 
publication of a notice of availability of this notice in a newspaper 
of record.
    4. EPA and USACE have made all relevant documents available at the 
information repositories listed previously.
    This Federal Register document and a concurrent notice in a 
newspaper of record announce the initiation of a thirty (30) day public 
comment period and the availability of the Notice of Intent for Partial 
Deletion. The public is asked to comment on EPA's proposal to delete 
OU-10 and ESIs-1, -4, -6, and -7 of the WVOW site from the NPL. All 
critical documents needed to evaluate EPA's decision are included in 
the Deletion Docket and are available for review at the information 
repositories. Upon completion of the thirty (30) day comment period, 
EPA will evaluate all comments received before issuing the final 
decision on the partial deletion. EPA will prepare a Responsiveness 
Summary for comments received during the public comment period and will 
address concerns presented in the comments. The Responsiveness Summary 
will be made available to the public at the information repositories 
listed previously. Members of the public are encouraged to contact EPA 
Region III to obtain a copy of the Responsiveness Summary. If, after 
review of all public comments, EPA determines that the partial deletion 
from the NPL is appropriate, EPA will publish a final notice of partial 
deletion in the Federal Register. Deletion of the areas does not 
actually occur until the final Notice of Partial Deletion is published 
in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of OU-10, ESI-
1, ESI-4, ESI-6, and ESI-7 from the NPL and EPA's finding that the 
criteria in 40 CFR 300.425(e) are satisfied.

Background

    The WVOW site is located on the east bank of the Ohio River, 
approximately six miles north of Point Pleasant, Mason County, West 
Virginia. The WVOW site, as added to the NPL in 1983, encompassed a 
land mass of approximately 8,323 acres. As explained in section I, 
earlier in this Notice, the NPL boundary was clarified in 1994, which 
reduced the WVOW site area to approximately 2,700 acres. A partial 
deletion from the NPL was completed in December 2002, which further 
reduced the boundary to approximately 2,188 acres. The Clinton F. 
McClintic Wildlife Management Area (MWMA) occupies 2,788 acres of the 
original site, and is mostly included in the current site boundary.
    Contamination of the WVOW site originated from the operation of a 
trinitrotoluene (TNT) manufacturing facility during World War II. 
Nitroaromatic (explosive) compounds are the primary contaminants of 
concern at the WVOW site. To expedite CERCLA response actions at this 
large site, the WVOW site is divided into 13 Operable Units (OUs) and 
10 Expanded Site Investigations (ESIs):

OU-1: TNT Manufacturing Area, Burning Grounds, and Waste Water Process 
Lines
OU-2: Red Water Reservoir
OU-3: Yellow Water Reservoir
OU-4: Groundwater Extraction and Treatment for OUs 2 and 3
OU-5: Pond 13/Wet Well Area
ENV-6: Wetlands Mitigation
OU-7: Point Pleasant Landfill
OU-8: TNT Manufacturing Area Soils
OU-9: TNT Manufacturing Area Groundwater
OU-10: South Acids Area and Toluene Storage Areas
OU-11: Sellite Plant
OU-12: North and South Powerhouses
OU-13: Pantasote Plant
ESI-1: Magazine Area
ESI-2: Acid Dock
ESI-3: Tract 21
ESI-4: Red Water Outfall Sewer
ESI-5: Refueling Depot
ESI-6: Motorpool and Maintenance Area
ESI-7: Former Sewage Treatment Plant
ESI-8: Dump Site Adjacent to the TNT Manufacturing Area
ESI-9: Classification Yards
ESI-10: Various Areas of Concern

    OU-11, OU-12, ENV-6, ESI-3, ESI-5, and ESI-9 were deleted from the 
NPL site by the December 2002 partial deletion.
    USACE has been investigating and conducting human health risk 
evaluations and assessments for each OU and ESI separately. Once 
investigations and assessments are complete, USACE and EPA together 
have made CERCLA response action decisions, with the concurrence of 
WVDEP.
    The WVOW was established in 1942 as a government-owned, contractor-
operated plant for the manufacture of TNT from toluene, nitric acid, 
and sulfuric acid. The WVOW plant was operated by the General Defense 
Corporation of New York from October 1942 through August 1945. The 
plant had the capacity to produce 720,000 pounds of TNT each day, 
utilizing 12 manufacturing lines; however, it has been reported that 
only lines 1 through 10 were operated, and the plant never reached full 
capacity.
    The facility was constructed on approximately 5,800 acres, of which

[[Page 9991]]

more than 2,000 acres were used as a safety zone between the plant and 
other properties. The plant included the 12 TNT manufacturing lines; 
two acid manufacturing areas; two coal-fired power plants; a Sellite 
manufacturing plant; pumping stations; a sewage treatment plant; 100 
concrete TNT storage magazines; and various administrative, shop, and 
housing facilities.
    In 1945, the production of TNT ceased, and shutdown of the WVOW 
plant was initiated. The production of TNT had resulted in soil 
contamination from nitroaromatic compounds in the manufacturing areas, 
process facilities, and wastewater disposal facilities. Partial 
decontamination actions were performed, such as flashing the TNT lines 
and draining and capping the Red and Yellow Water Reservoirs, and the 
property was transferred from the U.S. War Department to the U.S. War 
Assets Administration in late 1946.
    Numerous site visits and investigations beginning in 1947 and 
continuing through the 1950s determined that additional contamination 
not previously identified was present at the site. In addition, several 
tracts of land that had received decontamination certificates were 
determined to be contaminated. Because the site could not be completely 
decontaminated, a portion of the site was not released for private 
ownership and was transferred to the State of West Virginia as a 
wildlife management area in 1949.
    In 1981, a red water seepage was discovered at Pond 13, later 
designated as OU-5. Subsequent investigations led the State of West 
Virginia to nominate the WVOW site for inclusion on the NPL; ultimately 
the WVOW site was ranked 84th. A memorandum of understanding was signed 
in 1983 between EPA Headquarters and the Department of Defense to 
establish responsibilities for remediating the site. For the 
Department, the U.S. Army Toxic and Hazardous Materials Agency began 
the first remedial investigation and feasibility study in 1984. 
Initially, only two operable units were established, and Records of 
Decision (RODs) and Interagency Agreements (IAGs) were signed to 
address these areas. Later, more operable units were created until the 
current total of thirteen was reached.
    Construction of the OU-1 remedy was completed in 1988 before the 
site was transferred from the U.S. Army Toxic and Hazardous Materials 
Agency to USACE, Baltimore District, in 1991. OU-1 remediation included 
capping of the burning grounds and the ten TNT manufacturing lines that 
had been operated in the 1940s and excavation and flaming of process 
waste water lines. Construction on OU-2, which included draining and 
capping of the Red and Yellow Water Reservoirs, was completed in 1992 
before the site administration was transferred to USACE, Huntington 
District, where it remains. Portions of OU-2 were later divided into 
OU-3, OU-4, and OU-5 to simplify management. The construction of the 
OU-4 remedy was completed in 1997, and the two groundwater treatment 
plants are currently operational. Nitroaromatic-contaminated soil from 
OU-5 and Area of Concern 21 has been excavated and bioremediated on-
site via windrow composting. OU-6 was re-designated as ENV-6, and 
construction of wetlands has been completed. OU-7 and OU-13, the Point 
Pleasant landfill and the Pantasote plant, respectively, have been 
designated by EPA as potentially responsible party sites, and EPA is 
the lead agency for addressing these areas. Buildings were demolished 
and debris removed at OU-11 and OU-12. Asbestos-containing material has 
been removed from ESI-3, which was the only hazard posed on that area. 
An underground storage tank (UST) was removed from ESI-6, and 
petroleum-contaminated soil from another area of ESI-6 was excavated 
and bioremediated on-site via windrow composting. Asbestos materials 
and other debris were removed and capped at ESI-8.

OU-10: South Acids Area, Cooling Tower Area, and Toluene Storage Areas

    The South Acids Area (SAA) is located in the central region of the 
former WVOW, southwest of County Road 12 (Wadsworth Road) and is 
outside of the MWMA. SAA is currently owned by the State of West 
Virginia and is part of the West Virginia State Farm Museum property. 
During the WVOW's period of operation, SAA was used primarily for the 
production of nitric and sulfuric acids, used in the TNT production 
process. Most of the buildings in SAA were removed prior to 1968, but a 
few building foundations, a few buildings, and several concrete tank 
supports remain. Toluene Storage Area (TSA) 1 and TSA 2 are both 
located south of SAA. TSA 1 is located south of SAA and west of the TNT 
Manufacturing Area within the boundaries of the MWMA, which is owned by 
the State of West Virginia and managed by the WVDNR. TSA 1 previously 
housed four 270,000-gallon above-ground storage tanks in which toluene 
was stored and from which toluene was transferred for use in TNT 
production. These tanks were arranged in a square, with each storage 
tank surrounded by an earthen berm. Tanks and other structures were 
removed from TSA 1, except for earthen berms and fire-suppression 
bunkers, which are still present. TSA 2, comprising approximately 2.3 
acres, is located between the Sellite Manufacturing Area and TSA 1 and 
is outside of the MWMA. Part of this property is owned by the State of 
West Virginia and is on the West Virginia State Farm Museum property. 
The other part is owned by the Department of the Army, which plans to 
transfer the property to the State of West Virginia to be part of the 
State Farm Museum. TSA 2 contains two earthen berms, but it is unclear 
from historic records whether the storage tanks were removed from TSA 2 
and moved to the Sellite Manufacturing Area (OU-11) or if the tanks 
were never erected at the TSA 2 location.
    The Cooling Tower Area is located north of SAA, outside of the 
MWMA. The parcel is approximately 2.0 acres and is currently owned by 
Mason County, West Virginia. The Cooling Tower Area was used to provide 
noncontact cooling water to various process units in the facility. All 
structures, except for two building foundations, have been removed. One 
of these foundations holds standing water.

ESI-1: Magazine Area

    The Magazine Area was used for storage of TNT during the WVOW 
operational period from 1942 through 1945. One hundred concrete dome-
shaped magazines (also called ``igloos'') were constructed for this 
purpose and still remain at the site; 45 are located within the 
southern half of the Magazine Area, and the remaining 55 are in the 
northern half. Each magazine is constructed of reinforced concrete 
covered with 2 feet of soil and has an interior diameter of 45 feet, a 
ceiling height of 15 feet, and a TNT storage capacity of 125 tons. No 
WVOW operations other than TNT storage are known to have been conducted 
in the Magazine Area.
    After closure of the WVOW facility, parts of the Magazine Area were 
transferred to private ownership. The southwest portion of ESI-1 was 
transferred to Mason County and comprises a portion of the Point 
Pleasant Landfill (the ``landfill''), which operated from 1974 through 
1984 as a municipal landfill. The landfill has been designated by EPA 
as OU-7, and EPA is the lead agency for addressing OU-7 because many 
private or public parties could be responsible for any contamination 
found at OU-7. The

[[Page 9992]]

landfill is not included in this Notice of Intent for Partial Deletion.
    A portion of the southern half of the Magazine Area, referred to as 
the TNT Remelt Area, was used for reclamation of explosives, most 
likely TNT and other nitroaromatics, from naval mines and perhaps other 
ordnance. The TNT Remelt Area, along with other property in the 
southern half of the Magazine Area (for a total acreage of 281.5 
acres), was sold by the War Assets Administration in 1947 to the 
Liberty Powder Company. An archives search hypothesized that, after the 
sale, this area was used for TNT reclamation by the Liberty Powder 
Company in the 1950s and that reclamation activities by American 
Cyanamid, observed during a 1966 site visit, were a continuation of the 
Liberty Powder Company operation.
    In the northern half of the Magazine Area, there was an unregulated 
open civilian dumping area from the end of World War II until the early 
1970s. Over the years since the end of World War II, numerous owners 
and lessees have used portions of the Magazine Area for the storage of 
herbicides, commercial explosives, waste solvents, materials 
contaminated with polychlorinated biphenyls, and war surplus 
explosives.
    The southern half of the Magazine Area lies within the boundaries 
of the MWMA and is heavily wooded. The northern half, which is managed 
as part of the MWMA, is similarly wooded. The State of West Virginia 
now owns the southern half of the Magazine Area, which is currently 
part of the MWMA. The northern half of the Magazine Area is currently 
owned by American Electric Power but is leased to the State of West 
Virginia and managed as part of the MWMA. Some of the 100 magazines in 
the Magazine Area have been emptied and the steel doors welded shut. 
Other magazines in the southern half of the Magazine Area are currently 
leased to West Virginia Ordnance Works, Inc., a subsidiary of Hi-
Performance Ammunition Company, Inc. of Apollo, Pennsylvania, or to 
private individuals.

ESI-4: Red Water Outfall Sewer

    ESI-4 is comprised of the Red Water Outfall Sewer (RWOS) and its 
vicinity, an approximately 6,200-foot section of the Red Water Sewer 
Line (RWSL) extending from the Red Water Reservoir (RWR) to the Ohio 
River. Except for the approximately 350 feet of RWSL nearest the RWR, 
ESI-4 is outside of the MWMA and is currently used for agricultural and 
residential purposes.
    The RWSL, constructed in 1942, transported red wastewater generated 
during the final washing of crystallized TNT. Red wastewater flowed by 
gravity from the TNT Manufacturing Area through wood-stave and 
vitrified-clay sewer lines to the main wastewater pumping station in 
the vicinity of Pond 13 (OU-5). From there, the red wastewater was 
pumped either directly to the Ohio River or to the retention ponds 
known as the RWR for temporary storage, when the river was too low to 
permit proper dilution. The discharge pipe to the Ohio River was 
located south of Eight Mile Island and extended into the channel. The 
RWOS, constructed of an 18-inch-diameter vitrified-clay pipeline, is 
the final section of the RWSL that extends from the RWR downgradient 
(west) to the Ohio River.

ESI-6: Motorpool/Maintenance Area

    ESI-6 is located approximately six-tenths of a mile east of State 
Route 62, within the boundary of the Mason County Fairgrounds and 
entirely outside of the MWMA. The site is currently used during the 
annual county fair for displaying exhibits, showing livestock, and as a 
storage facility. Part of ESI-6 is also on the West Virginia State Farm 
Museum property. During the operation of WVOW, the site was used for 
the repair and maintenance of vehicles, locomotives, and equipment. The 
need for a sampling investigation was based on historical knowledge 
regarding the presence and use of petroleum fuels, oils, lubricants, 
solvents, and related materials. ESI-6 has been subdivided into eight 
individual study areas: Paint, Solvent, and Acetylene Sheds Area; 
Locomotive House Area; Maintenance Shop Area; Millwright Shop Area; 
Auto Repair Shop Area; Gasoline Station Area; General Storehouse Area; 
and Material Shed Area.
    The Paint, Solvent, and Acetylene Sheds Area was used for the 
storage of oil and paint, solvents, and acetylene. Apparently, the 
Acetylene Shed was torn down in the post-WVOW operations period, and a 
larger building was constructed in its place. Locomotives maintenance 
was performed in Building 718 of the Locomotive House Area, which has 
been torn down. A pit had been located in the northeast portion of the 
building. This building with two tracks inside had been located 
adjacent to the railroad tracks that ran through the Motorpool/
Maintenance Area during the WVOW operational period. The railroad 
tracks are no longer present at the site. A geophysical survey 
undertaken by USACE indicated that there was an UST in the Locomotive 
House Area, which was found during trenching activities and 
subsequently removed. Possible contaminants of concern in this area 
included oils, lubricants, waste oils, petroleum fuels, solvents, PCBs, 
and lead.
    The Maintenance Shop is still in place and used for exhibits during 
the annual county fair. Varied maintenance was performed in this large 
building, apparently including additional space for locomotive 
maintenance. Presumably, the Millwright Shop and the other small 
buildings in this area were mainly used as headquarters for the 
maintenance staff and as storage for their tools. The Auto Repair Shop 
is not currently standing, but the building housing the Garage and 
Repair Shop still stands. The Auto Repair Shop was located midway 
between County Road 12 and Pond 2. It had an attached shed on the 
southeast side, and the shed had a grease pit. This area was used for 
the maintenance and repair of WVOW vehicles. The Gasoline Station still 
stands and is located approximately 120 feet south of the Maintenance 
Shop. Two dispenser pumps had been located on its northeast and 
southwest sides. An abandoned refueling line was found east of the 
site. From a 1944 photograph, no aboveground gasoline storage tank was 
visible. An UST was probably used to store the gasoline dispensed at 
the facility at the southeast corner of this same building and was 
removed in the post-operational period of the facility. During 
geophysical survey activities undertaken by USACE, a magnetic anomaly 
was observed at this location, but no UST was found during trenching 
activities.
    The General Storehouse is in place and has been expanded since the 
WVOW period of operations. A review of existing records did not reveal 
what categories of supplies were stored in this area. Review of 
existing records does not show how the Material Shed was utilized. An 
UST was reported to be located between the Material Shed and the 
General Storehouse during the period of WVOW operations; however, no 
UST was indicated by the geophysical survey.

ESI-7: Former Sewage Treatment Plant

    ESI-7 is located outside of the MWMA, approximately 1,000 feet 
southwest of the former RWR in the northwest portion of WVOW and to the 
south of Mill Run Creek. The plant received sanitary sewage from the 
former TNT Manufacturing Area, the North and South Acid Areas, and the 
Administration Area. The system discharged treated effluent into a 
nearby tributary of Mill Run Creek. USACE undertook a sampling 
investigation because it was possible that contaminants from the 
manufacturing

[[Page 9993]]

areas could have been transported to the plant via the daily operation 
of the sewage system.

Response Actions

    At OU-10, a removal was performed in 2000 to remove asbestos-
containing debris. From ESI-6, an UST was removed in 2000 and a small 
area of petroleum-contaminated soil was removed in 2003.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k), and Section 117, 42 U.S.C. 
9617.
    On August 26, 2003, a public meeting was held to present the 
Proposed Plan for OU-10, which proposed no further action, and decision 
documents for ESI-1, ESI-4, and ESI-6. The public did not comment on 
the decision documents. A public comment period for the Proposed Plan 
was open from August 18 through September 16. The plan was made 
available at the meeting and at the Mason County Library. Only one 
minor comment was received, and it was answered at the public meeting 
and in the responsiveness summary of the OU-10 ROD.
    On November 8, 2000, a public meeting was held to present a 
Decision Document for ESI-7. No public comments were received regarding 
the decision.

Current Status

    Removals at OU-10 and ESI-6 have been successfully completed. No 
further response action is planned or scheduled for OU-10, ESI-1, ESI-
4, ESI-6, or ESI-7. Pursuant to the NCP, a five-year review will not 
need to be performed at any of these five areas. While EPA does not 
believe that any future response actions will be needed, if future 
conditions warrant such action, the areas proposed for deletion in this 
Notice remain eligible for future response actions. Furthermore, this 
partial deletion does not alter the status of any other OUs or ESIs at 
the WVOW site that are not proposed for deletion and remain on the NPL. 
EPA, together with USACE and with concurrence from the State of West 
Virginia, has determined that all appropriate CERCLA response actions 
have been completed at OU-10, ESI-1, ESI-4, ESI-6 and ESI-7 and that 
protection of human health and the environment has been achieved in 
these areas. Therefore, EPA makes this proposal to delete OU-10, ESI-1, 
ESI-4, ESI-6, and ESI-7 of the WVOW site from the NPL.

    Dated: February 11, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Environmental Protection Agency, Region 
III.
[FR Doc. 04-4624 Filed 3-2-04; 8:45 am]
BILLING CODE 6560-50-P