[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Rules and Regulations]
[Pages 17060-17065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06700]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL 9908-64-Region 4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Coleman-Evans Wood Preserving
Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
publishing a direct final Notice of Deletion of the Coleman-Evans Wood
Preserving Superfund Site (Site), located in Whitehouse, Florida, from
the National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the State of Florida, through the Florida Department of
Environmental Protection (FDEP), because EPA has determined that all
appropriate response actions under CERCLA, other than operation,
maintenance, and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund.
DATES: This direct final deletion is effective May 27, 2014 unless EPA
receives adverse comments by April 28, 2014. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: [email protected].
Fax: 404-562-8896.
Mail: Rusty Kestle, 61 Forsyth Street SW., Atlanta, GA
30303-8909.
Hand Delivery: Rusty Kestle, 61 Forsyth Street SW.,
Atlanta GA 30303-8909. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
[[Page 17061]]
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:
61 Forsyth Street SW., Atlanta GA 30303-8909, Monday through
Friday, 9 a.m. to 5 p.m., or
West Regional Jacksonville Public Library, 1425 Chaffee Rd S.,
Jacksonville, FL 32221, Mon-Thu: 10 a.m.-9 p.m., Fri & Sat: 10 a.m.-6
p.m. Sun: CLOSED.
FOR FURTHER INFORMATION CONTACT: Rusty Kestle, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta GA 30303-8909, (404) 562-8819, email:
[email protected]
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 4 is publishing this direct final Notice of Deletion of
the Coleman-Evans Wood Preserving Superfund Site (Site), from the
National Priorities List (NPL). The NPL constitutes Appendix B of 40
CFR part 300, which is the Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to section 105
of the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of
sites that appear to present a significant risk to public health,
welfare, or the environment. Sites on the NPL may be the subject of
remedial actions financed by the Hazardous Substance Superfund (Fund).
As described in 300.425(e)(3) of the NCP, sites deleted from the NPL
remain eligible for Fund-financed remedial actions if future conditions
warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective May 27, 2014 unless EPA receives
adverse comments by April 28, 2014. Along with this direct final Notice
of Deletion, EPA is co-publishing a Notice of Intent to Delete in the
``Proposed Rules'' section of the Federal Register. If adverse comments
are received within the 30-day public comment period on this deletion
action, EPA will publish a timely withdrawal of this direct final
Notice of Deletion before the effective date of the deletion, and the
deletion will not take effect. EPA will, as appropriate, prepare a
response to comments and continue with the deletion process on the
basis of the Notice of Intent to Delete and the comments already
received. There will be no additional opportunity to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Coleman-Evans Wood Preserving
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the state of Florida prior to developing
this direct final Notice of Deletion and the Notice of Intent to Delete
co-published today in the ``Proposed Rules'' section of the Federal
Register.
(2) EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the state, through the FDEP, has concurred on
the deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, The
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.
(4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of
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the Notice of Intent to Delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Coleman-Evans Wood Preserving Site (CERCLIS ID FLD991279894) is
an 11-acre former wood preserving facility, located in the community of
Whitehouse, Duval County, Florida, approximately eight miles west of
downtown Jacksonville, Florida. Duval County lies within the drainage
basin of the St. Johns River, in northeast Florida. The topography is
coastal plain; however, rolling hills predominate throughout the
county. The land use in the vicinity of the Site is mixed residential,
light industrial and commercial. The Coleman-Evans Site is bordered on
the north by the CSX Railroad, on the south by residential homes along
General Avenue, on the east by heavy vegetation, and on the west by
primarily commercial properties across Celery Avenue with residences to
the southwest.
The Site is a former wood preserving facility that produced treated
lumber from 1954 to the mid-1980s. Effluent wastewater from the
treatment process was discharged to a drainage ditch which channeled
the water south, eventually into McGirt's Creek. The Site utilized
sludge pits and above ground storage tanks to store its wastes until
site operations ceased in the late 1980's. Although wood-treating
operations ceased in the late 1980's, sawing and kiln drying of
untreated lumber continued at the Site until mid-1994. After that time,
all commercial activities at the Site ceased. Due to poor waste
management practices, soil and ground water in the vicinity of the Site
became contaminated with pentachlorophenol (PCP) and dioxin.
The soil, sediments, surface water and ground water at the Site
were contaminated with PCP and dioxin. The nature and extent of the
contamination, both on and off the former facility property was defined
through a series of investigations and treatability studies conducted
between 1986 and 2006. Contaminant release on the former facility
property occurred through poor waste management practices, and adjacent
properties were impacted by wastewater discharge to a drainage ditch,
which channeled the water south to McGirts Creek. The drainage ditch
often overflowed spreading pentachlorophenol and dioxin contamination
through the downstream residential properties. The surficial aquifer
beneath the former facility property also was impacted by
contamination, but is separated from the deeper drinking water aquifer
by an aquitard.
Residential properties adjacent to and near the former facility
property use private water supply wells completed in the upper portion
of the deeper limestone aquifer for domestic supply. No site-related
ground water contamination has been detected in this limestone aquifer
or in these domestic supply wells. The human health risk assessment
identified the site surface soil as a medium of concern for both
current and future residents and commercial/industrial workers. Ground
water also was a concern for future residents. The aggregate risks for
the Site were an incremental lifetime cancer risk of greater than 1.0 x
10-6 and a hazard index of greater than 1.
In October, 1981, the Site was proposed for inclusion on the
National Priorities List (NPL), based on a hazard ranking score of
59.14 and was proposed to the NPL in September of 1982 and added to the
NPL in March, 1983 under 40CFR, Table 1 of Appendix B to part 300.
Redevelopment and Future Land Use
As part of the reuse planning for the former facility property, EPA
provided a reuse planning grant to the City of Jacksonville which hired
HDR/Landers Atkins Planners to research and develop alternatives for
future use of the Site property. The Master Plan provides a guideline
for the development of a park on the undeveloped 11 acre parcel. The
scope of work for the Master Plan included three phases. These include:
analysis and data gathering, plan alternatives and conceptual design,
and the generation of the final Master Plan. The goal of the Master
Plan was to provide a safe and functional place for the local residents
to participate in recreational activities. Four concepts were
considered in the development of the Master Plan. The final Master Plan
includes the following features: auto circulation and parking,
provision of domestic water and sewer utility, a community center and
gymnasium, sports courts, passive recreation facilities, pedestrian
circulation, and security.
The planned future use of the former facility property is
considered compatible with the expected future use of the surrounding
properties. This reflects continued growth in residential land use in
west Jacksonville along with the supporting commercial development.
Since much of the area around the former facility is zoned commercial/
residential and is in close proximity to Chaffee Road and Interstate-
10, the area impacted by OU2 may experience a changeover from
predominantly residential to commercial land use in the future. Ground
water use for domestic supply is being supplanted by municipal water
and sewer systems in the community of Whitehouse. It is reasonable to
expect that residential and commercial properties along General Avenue
will be served by the municipal water system in the future. No
significant changes in the patterns of surface water flow are
anticipated in the foreseeable future.
Response Actions, Remedial Investigation and Feasibility Study (RI/FS),
Selected Remedy Cleanup Goals
Removal Activities
In June, 1985, EPA issued a Removal Order to the Coleman-Evans Wood
Preserving Company pursuant to Section 106 of the Comprehensive
Environmental Resource and Conservation Liability Act (CERCLA).
Coleman-Evans did not comply with the CERCLA Section 106 Removal Order,
and EPA then conducted Emergency Response Actions at the Site in 1985
and 1993 to control the major sources of PCP contamination in the upper
surficial aquifer and to protect nearby residents from exposure.
In April, 1988, a CERCLA Section 106 Order was issued to the
Coleman-Evans Wood Preserving Company to implement the remedial design
and remedial action (RD/RA).
OU1 Remedy Selection
EPA has chosen to use two Operable Units (OUs) for the Coleman-
Evans Wood Preserving Company Superfund Site. OU1 addresses
contaminated soil, sediments, surface water and ground water that was
present on and adjacent to the former facility property and soil
contamination present in areas within the surface water drainage
pathway leading from the facility. OU2 addresses residual dioxin
contamination in
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surface soil outside the areas addressed by OU1.
In April, 1986, the remedial investigation (RI), which
characterized the extent of contamination at the Site and identified
PCP as the primary chemical-of-concern (COC) at the Site, was
completed. PCP was shown to be present in sediment, soil, surface
water, and in the upper surficial aquifer.
In September, 1986, the original Record of Decision (ROD) for OU1
was signed. The 1986 ROD required excavation and incineration of PCP
contaminated soil at levels greater than 10 milligrams per kilogram
(mg/kg) and recovery of PCP contaminated ground water at levels greater
than 1 microgram per liter ([micro]g/L) with treatment via carbon
adsorption.
In September, 1990, an Amended ROD (AROD) was signed. The AROD
changed the soil remedy to the treatment and on-site disposal of PCP
contaminated soils, sediments, and sludges at levels greater than 25
mg/kg via soil washing, bio-treatment, solidification/stabilization (S/
S), on-site treatment and disposal of contaminated ground water
collected during excavation, disposal of on-site structures, closure of
sand filter units, and institutional controls.
In June, 1992, additional soil sampling determined that dioxin/
furans are also chemicals of concern (COCs) at the Site. Additional
investigation and treatability studies were conducted at the Coleman-
Evans Site between 1992 and 1997.
In September, 1997, the EPA selected an Interim Remedial Action
(IRA) for the Site in an AROD, which included the excavation of
contaminated soil and sediment on and off the former facility property
followed by on-site treatment using high-temperature thermal
desorption, an innovative technology at the time. The IRA also provided
for the collection, treatment, and discharge of contaminated ground
water from the upper surficial aquifer at the site, collecting free-
product for recycling and/or off-site disposal, and relocating
residents, as necessary, to facilitate construction. The 1997 AROD for
OU1 set final cleanup goals noted in Table 1 for contaminants in all
media except the cleanup goal for dioxin in soil which was interim
pending establishment of a federal and/or State standard.
The cleanup action for OU1 included issuance of four Explanation of
Significant Differences (ESD) in June, 2001, August, 2003, February,
2004, and September, 2005 to address the addition of a pollution
control device to the treatment system, two increases in the estimated
volume of soil, sediment and debris requiring treatment, and a change
in the technical approach to completion of the ground water remedy.
Soil treatment was completed in May, 2004 when cleanup goals for
soils and sediment established for OU1 in the 1997 Amended ROD and
noted in Table 1 were achieved for the Site. Ground water contamination
was reduced to a small exceedance of ground water cleanup goals
established in the 1997 Amended ROD and noted in Table 2 in a single
well that is being monitored for natural attenuation. During the course
of this action, over 210,000 net wet tons of soil were treated and
placed on the facility property, and approximately 73,500,000 gallons
of ground water and storm water were treated and discharged.
OU2 Remedy Selection
The ROD for OU2 was signed in September, 2006. The selected remedy
in the 2006 ROD includes the following remedial components: excavation
and on-site disposal of site-attributable dioxin contamination in
exceedance of cleanup goals noted in Table 3 located in areas on and
adjacent to the former facility property and adjacent to drainage
pathways which may have been impacted by contaminated storm water
runoff from the Site; restoration of excavation areas with clean
topsoil and revegetation; placement of a nominal 2-foot cover over the
excavated soils that were disposed on the former facility property
during OU1 and OU2 remedial activities; and establishment of a
restrictive covenant limiting on-site land use to commercial/industrial
use (including use as a park). This action represents the final remedy
selected for the Site, and, as such, is compatible with the intended
future use of the Site. This action also is compatible with and
complimentary to the action for OU1.
OU1 and OU2 Cleanup Goals
The soil cleanup levels are primarily risk-based and the ground
water cleanup levels are based on applicable or relevant and
appropriate requirements (ARARs) and/or are risk-based. The ground
water cleanup level ARARs are health based and are the most stringent
of federal or state primary drinking water standards.
OU1 Remedial Action
In 1997, EPA tasked the United States Army Corps of Engineers,
Kansas City District, (USACE-NWK) to prepare the RD and to contract for
the Remedial Action (RA) phase. The RD was completed in 1998. The RA
contract was awarded by USACE-NWK to Fluor Daniel-GTI (FD-GTI) in 1999.
Shortly after, FD-GTI was purchased by IT Corporation, which went into
bankruptcy in 2001. IT Corporation was acquired by Shaw Environment and
Infrastructure, Inc. (Shaw E&I) in 2002. This contract included a
requirement that the thermal treatment portion be subcontracted to a
third party under a fixed price subcontract. Roy F. Weston (Weston) was
awarded the subcontract for thermal treatment.
FD-GTI mobilized to the site in May, 1999. FD-GTI performed all the
site preparation work, mobilization of temporary facilities,
installation of utilities, site access grants, equipment removal and
disposal, and site clearing and grubbing. Weston mobilized their
Thermal Desorption Unit (TDU) to the site in April, 2000. A Proof of
Performance (POP) test showed that the unit was not able to meet the
soil treatment standards. Weston had to replace this unit and design a
new TDU. The new TDU was put into service in October, 2001. The new TDU
passed a second POP test in October, 2001. Full scale operations
continued through March, 2004.
Excavation grids were established across the site and in the
drainage ditch to McGirt's Creek. The excavations were subdivided into
2,500 square foot areas. The soil was removed in 2-foot intervals.
Five-point composite samples were collected from each floor area and
sidewall samples were collected every 100-linear feet along the
excavation perimeter to ensure that soil cleanup goals noted in Tables
1 and 3 were met. When the soils along the excavation perimeter did not
meet the cleanup levels, the excavations were deepened by 2 feet and
the side walls were extended by 2 feet. Oversized debris that was
encountered during the excavation was sent for off-site disposal.
Nearly all of the excavations zones grew beyond their original
dimensions based on confirmatory soil sampling results. The original
estimated volume of soil to be excavated in the 1997 AROD was 52,265
cubic yards. The final quantity was 170,000 cubic yards, which is an
estimated 320% increase in soil volume that required treatment.
The ground water encountered during the excavation activities was
managed through dewatering. All ground water encountered during
excavation was collected and treated on-site, then discharged to the
existing drainage ditch. All storm water collected during excavation
activities, and decontamination water produced during the RA also was
treated on-site and discharged as part of site operations.
Two inspections were conducted, a pre-final and final inspection,
and both
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were conducted with representatives of the U.S. Army Corps of
Engineers--Jacksonville District (USACE-SAJ), FDEP, and the U.S.
Environmental Protection Agency (EPA) participating. These inspections
fulfilled both the requirements for closeout of the construction
contracts between USACE and the Remedial Action contractors, as well as
the joint inspection requirement of the National Contingency Plan (40
CFR Section 300.515(g)).
The pre-final inspection was performed on March 2, 2004, prior to
completion of thermal treatment of soil and during initial
demobilization activities by the contractors at the Site. The
completion requirements for the soil-phase of the Interim Remedial
Action were modified from those in the Remedial Action contract by a
February, 2004 Explanation of Significant Differences (ESD). This ESD
recognized that certain contract items associated with site restoration
would be re-sequenced to the ground water-phase of the action to
coincide with final decision-making for the Site soils and due to cost
limitations. The items included in the ESD were final debris disposal
(pending a delisting determination) and final grading and topsoil
placement (pending a decision on the final thickness of topsoil
required).
During the pre-final inspection, a number of items were identified
as necessary for the completion of soil-phase activities. These items
were documented in a punch list.
The final inspection was performed on August 24, 2004, following
substantial completion of the punch list items and Remedial Action
contractor demobilization. The punch list items were reviewed and
formed a basis for the final inspection. During the final inspection,
some additional items were identified by FDEP and EPA. These items were
substantially completed by USACE-SAJ by September 10, 2004. Ongoing
activities included maintaining the vegetative cover and maintaining
site security. The physical construction of the OU1--Phase 1 Remedial
Action of the Coleman-Evans Wood Preserving Superfund Site was
acceptably completed on September 24, 2004.
Based on the data collected during the ground water supplemental RD
phase in 2004, an ESD was completed in 2005 that replaced the ongoing
ground water pump and treatment selected in the 1997 AROD with a
monitored natural attenuation (MNA) ground water remedy. Ground water
monitored natural attenuation has been performed by EPA's Science and
Ecological Support Division (SESD), and the monitoring results indicate
that PCP cleanup levels in ground water have been achieved.
OU2 Remedial Action
The EPA tasked Black & Veatch Special Projects Corporation (Black &
Veatch) to prepare the RD for OU2 in October, 2006 in accordance with
2006 ROD. The design was completed in May, 2007. Vertical delineation
soil sampling performed as part of the RD identified that some of the
proposed excavation areas would need to be excavated deeper. In early
2007, a meeting was held at the Site with EPA, FDEP and USACE-SAJ to
field verify the limits of the excavation areas based on site features
and to identify the four ``hot spots'' that were included in the 2006
ROD with locations to be determined in discussion with FDEP. All of the
areas were identified and the RD was finalized.
The EPA awarded the RA phase to Black & Veatch in May, 2007. Black
& Veatch subcontracted the construction activities to WRS Environment &
Infrastructure, Inc. (WRS) in June, 2007. Construction activities began
on July 5, 2007 with site surveying, installation of temporary
facilities, a tree inventory, property access agreements, and
installation of erosion and sediment controls. Upon receipt of the
backfill sample analytical data, the excavation activities began. All
of the excavation areas have been excavated and backfilled as specified
in the RD.
Area 9 is located contiguous to the former excavation along the
western side of the drainage ditch south of General Avenue.
Confirmatory soil sampling collected from this area in April, 2007
demonstrated that the area was contaminated with dioxin above the OU1
cleanup level of 1.0 ppb. As a result, this area was subdivided into 3
sub-areas. All of the soils excavated from Area 9 were staged on-site
in roll-off containers and sampled for waste characterization. Based on
the waste characterization data, the roll-offs were transported off-
site for incineration and disposal at Port Arthur, Texas.
During the OU2 construction activities, selected monitoring wells
agreed upon by EPA and FDEP were abandoned properly in accordance with
State of Florida requirements on August 13 and 14, 2007. The wells
remaining on-site were required as part of the ground water MNA program
or require more recent sample data in order to make final decision on
the abandonment.
Repair to the head wall on the northern end of the 36-inch
elliptical pipe, repairs to a damaged section of the pipe, and
installation of the storm water conveyance structures were completed in
August, 2007. Construction of the nominal 2-foot cover and final site
grading and surveying also were complete in August, 2007. Sod was laid
on the residential properties as part of site restoration. Hydro-
seeding of the facility property was performed in late August, 2007.
EPA and Florida FDEP performed a joint pre-final inspection of the
remedial action construction for the final remedy at the Coleman-Evans
Wood Preserving Superfund Site on August 24, 2007. Participants in the
inspection included: David Keefer (EPA), John Sykes (FDEP), Mike
Schultz (USACE-SAJ), Clark Langston (USACE-SAJ), Daralene Pondo (BVSP),
Kevin Brown (BVSP), David Behnke (BVSP), and Mark Talarico (WRS). The
inspection was performed by reviewing the physical condition/status of
each remedy component and the corresponding records beginning with the
components of the remedy located off the former facility property.
Punch list items were completed for each remedy component.
EPA and FDEP conducted a joint final inspection on September 14,
2007, and determined that the contractors have constructed the OU2
remedy in accordance with the RD plans and specifications which were
developed in accordance with the final RODs for the Site.
Operation and Maintenance
All substantial elements of the physical construction of the remedy
have been completed, and the remedy is currently protective of human
health and the environment. Remaining activities include ensuring
establishment of the vegetative cover on the facility property and
issuance of the restrictive covenant/deed restriction. Institutional
controls are a required component of this remedy since contaminated
material will remain on-site. The restrictive covenant was established
to limit the use of the former facility property to commercial/
industrial (including use as a park) as an institutional control. The
restrictive covenant ensures that the land use remains non-residential
and that appropriate precautions are taken for any potential future
intrusive subsurface work activities (e.g., installation of utility
lines) in order to prevent disturbance of subsurface waste soil and
ensure the short- and long-term effectiveness of the remedy. The
institutional control also ensures that appropriate site access and
precautions are in place for the duration of the
[[Page 17065]]
ground water monitored natural attenuation.
The Sitewide Interim Remedial Action Report was finalized in July
2008. A Sitewide RA Report was signed in May 2013 since all ground
water cleanup goals specified in the 1997 AROD have been met, the
remedy is operational and functional, and all inspections have been
completed.
The Operation and Maintenance (O&M) Plan for the Site was prepared
by EPA in 2009 and O&M activities have been taking place for the past
four years. The City of Jacksonville is the current property owner and
is therefore responsible for conducting O&M at the Site. As part of the
current O&M plan, the vegetation on the cap must be maintained and the
institutional controls enforced as part of the selected remedy.
Five-Year Reviews
Pursuant to CERCLA section 121(c), 42 U.S.C. 9601 et seq., and
EPA's Five-Year Review Guidance (EPA, 2001), because this remedy will
result in hazardous substances, pollutants, or contaminants remaining
on-site above levels that allow for unlimited use and unrestricted
exposure, a statutory review must be conducted every five years after
initiation of remedial action at the Coleman-Evans Wood Preserving
Company Superfund Site to ensure that the remedy is protective of human
health and the environment. The remedies at the Site overall currently
protect human health and the environment because all contaminated soil
has been treated; contaminated ground water is limited to the surficial
aquifer on the former facility property; samples from private wells
demonstrate that ground water contamination has not impacted the
intermediate aquifer; and the Site is located in a Florida Delineated
Area which restricts the installation of ground water wells. The second
Five-Year Review (E2, 2009) was signed on June 20, 2009, and determined
that the OU1 selected remedy to be protective in the long-term on the
former facility property contaminant concentrations if groundwater
contamination continued to decrease to the cleanup standards, the
restrictive covenant (which limits future land use on the former
facility property to commercial and recreational use and limits
disturbance of the soil cover) was finalized to prevent the potential
creation of exposure pathways at the site, and an O&M plan was
developed to ensure the vegetative cover over the treated soil on the
former facility property is maintained. All of these actions have since
been achieved (EPA, 2013). The second Five-Year Review also determined
that the OU2 selected remedy is protective in both the short-term and
long-term in the areas off of the former facility property since the
residential areas were cleaned up to the 7 ppt Florida residential soil
dioxin standard and the other areas within OU2 were cleaned up to the
30 ppt Florida industrial/commercial soil dioxin standard. The third
Five-Year Review will be completed prior to June 20, 2014, which is
five years since the last review was completed.
Community Involvement
Community involvement activities were undertaken throughout the
thirty year history of the site in the form of public meetings, five-
year review interviews and site update mail-outs. There are currently
no major community concerns about the site. The five-year review
community involvement process will continue to monitor any potential
community concerns.
Determination That the Site Meets the Criteria for Deletion in the NCP
The implemented remedy achieves the degree of cleanup and
protection specified in the RODs for the site for all pathways of
exposure. The selected remedy at the Site is protective of human health
and the environment in the short-term because all exposure pathways
that could result in unacceptable risks are being controlled.
Contamination remaining on-site is being contained to the capped
portion. The remedy will be protective in the long-term because
institutional controls are in place in the form of land and ground
water use restrictions; the fence needs to be kept closed completely to
prevent Site access by trespassers who could disturb the cap and
vegetative cover. These institutional controls are in the form of a
Declaration of Restrictive Covenant executed between FDEP and the
current property owner of the former facility portion of the Site, the
City of Jacksonville. This declaration was executed on the 29th of
September, 2009, and restricts activities on the property and the
future use of the property. This declaration also increases the
protectiveness of the completed remedial action in the future. All
selected remedial and removal actions, remedial action objectives, and
associated cleanup goals are consistent with EPA policy and guidance;
EPA has followed the procedures required by 40 CFR 300.425(e) and these
actions, objectives and goals have all been achieved and, therefore, no
further Superfund response is needed to protect human health and the
environment.
V. Deletion Action
The EPA, with concurrence of the State of Florida through the FDEP,
has determined that all appropriate response actions under CERCLA,
other than operation, maintenance, monitoring and five-year reviews,
have been completed. Therefore, EPA is deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective May 27, 2014 unless EPA receives adverse comments by April
28, 2014. If adverse comments are received within the 30-day public
comment period, EPA will publish a timely withdrawal of this direct
final notice of deletion before the effective date of the deletion, and
it will not take effect. EPA will prepare a response to comments and
continue with the deletion process on the basis of the notice of intent
to delete and the comments already received. There will be no
additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: December 13, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN]
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1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.
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2. Table 1 of Appendix B to part 300 is amended by removing the entry
for ``FL,'' ``Coleman-Evans Wood Preserving Co.'', ``Whitehouse''.
[FR Doc. 2014-06700 Filed 3-26-14; 8:45 am]
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