[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Proposed Rules]
[Pages 3189-3191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-826]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5130-4]
Independent Nail Superfund Site Notice of Intent to Delete;
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
Agency: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the Independent Nail Company Site
from the National Priorities List; Request for Comments.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region IV announces
its intent to delete the Independent Nail (Site), located in Beaufort
County, S.C., from the National Priorities List (NPL) and requests
public comments on this action. The NPL constitutes Appendix B of 40
CFR Part 300 which is the National 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), as amended. It has been determined that all
Fund-financed response actions taken at the Site under CERCLA have been
implemented. EPA, in consultation with the State of South Carolina, has
determined that remedial activities conducted at the Site to date
remain protective of public health, welfare, and the environment.
DATES: Comments concerning the deletion of this Site from the NPL
should be submitted on or before February 13, 1995.
ADDRESSES: Comments may be mailed to: Terry Tanner, RPM, EPA-Region IV,
Waste Management Division, 345 Courtland Street, N.E., Atlanta, GA
30365.
The deletion docket, which contains supporting information on EPA's
decision to delete this Site from the NPL, is available for inspection
Monday through Friday from 8:00 a.m. to 4:30 p.m. at the following
location: U.S. EPA Record's Center, 345 Courtland Street, N.E.,
Atlanta, GA 30365, (404) 347-0506.
An additional copy of the deletion docket is also available for
viewing between 9:00 a.m. and 8:00 p.m. at the following location:
Beaufort County Library, 710 Craven Street, Beaufort, SC 29902, (803)
525-7279.
FOR FURTHER INFORMATION CONTACT: Terry Tanner at 404-347-7791, X4117.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Environmental Protection Agency (EPA), Region IV, announces its
intent to delete the Independent Nail Site, located in Beaufort, South
Carolina, from the National Priorities List (NPL) and requests comments
on this deletion. The NPL constitutes Appendix B of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP). The EPA
identifies sites that appear to present a significant risk to public
health, welfare, or the environment and maintains the NPL as the list
of those sites. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund Response Trust Fund
(Fund). Pursuant to Sec. 300.425(e)(3) of the NCP, any site deleted
from the NPL remains eligible for Fund-financed remedial actions if
conditions at the site warrant such action.
The EPA will accept comments concerning this Site for thirty days
after publication of this notice in the Federal Register. Section II of
this notice explains the criteria for deleting sites from the NPL.
Section III discusses procedures that EPA is using for this action.
Section IV discusses the Independent Nail Site and explains how the
Site meets the deletion criteria.
II. NPL Deletion Criteria
Amendments to the NCP published in the Federal Register on March 8,
1990, establish the criteria the Agency uses to delete sites from the
NPL. Section 300.425(e) of the NCP states that ``Releases may be
deleted or recategorized on the NPL where no further response is
appropriate. EPA shall consult with the state on proposed deletion from
the NPL prior to developing the notice of intent to delete. In making a
determination to delete a release from the NPL, EPA shall 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; or
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 [[Page 3190]] environment
and, therefore, taking of remedial measures is not appropriate.
Prior to deciding to delete a site, EPA must first determine that
the remedy, or existing site conditions at the sites where no action is
required, is protective of public health, welfare, and the environment.
In addition, Sec. 300.425(e)(2) of the NCP states that ``No site shall
be deleted from the NPL until the state in which the site is located
has concurred on the proposed deletion''.
Deletion of a site from the NPL does not preclude eligibility for
subsequent Fund-financed actions if future conditions warrant such
actions. Section 300.425(e)(3) states that ``* * * Whenever there is a
significant release from a site deleted from the NPL, the site shall be
restored to the NPL without application of the hazard ranking system
(HRS)''.
III. Deletion Procedures
Deletion of sites from the NPL does not in itself create, alter, or
revoke any individuals rights or obligations. Furthermore, deletion
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 in the management of these sites.
Upon determination that at least one of the criteria described in
Sec. 300.425(e)(1) of the NCP has been met, EPA may formally begin
deletion procedures. The following procedures have been implemented
towards the deletion of this Site:
1. EPA Region IV has entered into a Superfund State Contract with
the State of South Carolina to conduct operations and maintenance
activities at this Site for a period of five years. The first of these
activities began in November 1989. Both EPA and the State of South
Carolina find that the remedy continues to provide adequate protection
of human health and the environment.
2. All Operations & Maintenance activities have been completed to
date. EPA will proceed toward amending the State Superfund Contract to
cover any activities that become necessary if the Site deteriorates in
the future.
3. EPA Region IV has recommended deletion for this Site and has
prepared the relevant documents.
4. The State of South Carolina has concurred with the decision to
delete this Site.
5. Concurrent with this National Notice of Intent to Delete, a
notice has been published in the local newspaper in the vicinity of the
Site announcing the initiation of a 30 day public comment period. The
public will be asked to comment on EPA's intention to delete the Site
from the NPL during this 30 day period following a review of the
information included in the deletion docket.
6. EPA Region IV has prepared a Superfund Site Closeout Report and
established a Regional Deletion Docket, with its placement in the local
information repository.
Upon completion of the public comment period, the EPA Regional
Office will prepare a Responsiveness Summary to evaluate and address
concerns which were raised. The public is welcome to contact the EPA
Regional Office to obtain a copy of this Responsiveness Summary, when
available. A final notice of deletion will then be published in the
Federal Register.
IV. Basis for Intended Site Deletion
The following Site summary provides the Agency's rationale for the
intention to delete this Site from the NPL.
The Site was initially owned by the Blake and Johnson Company which
manufactured screws and fasteners. An on-site lagoon was used from
approximately 1969 to 1980 to dispose of wastewater containing cyanide,
chromium and other waste generated during the manufacturing process.
The company discharged approximately 33,000 gallons of plating
wastewater per day into this lagoon.
A study performed in 1975 by the South Carolina Department of
Health and Environmental Control (SCDHEC) revealed that a break in the
side of the lagoon allowed wastewater to enter a drainage ditch north
of the lagoon area. Analysis of a sample collected from this ditch in
August 1975 showed cadmium and chromium contamination. The break and
resulting discharge appear to have been a single, short term incident.
Beginning in August 1975, SCDHEC and a local engineering firm
(Davis and Floyd) conducted several ground water investigations.
Monitor wells were placed into the water table aquifer at various
locations near the lagoon. The results of these sampling efforts
indicated that the quality of the ground water was being affected by
the wastes discharged to the lagoon. Chromium, lead, iron, and mercury
were present in some of these water samples at concentrations in excess
of drinking water standards.
In April 1980, the Blake and Johnson Company ceased operations at
the Site. Two months later, Independent Nail purchased the plant. The
Independent Nail Company currently operates a paneling nail coating
process at the Site.
Sampling performed by SCDHEC on April 21, 1980 indicated that
concentrations of chromium and lead in the ground water continued to
exceed drinking water standards. The chromium level in one well was
0.210 mg/l and the lead concentration in another was 0.150 mg/l. A
second sampling of the same wells by SCDHEC in May 1980 revealed that
chromium levels continued to exceed drinking water standards. Lead
concentrations detected during this second sampling event were below
the drinking water standard. The drinking water standard (Maximum
Contaminant Level) during 1980 for chromium and lead was 0.05 mg/l.
Later in May 1980, SCDHEC requested that three intermediate depth (40
to 50 feet) wells be installed for monitoring. Chromium levels in all
three of these wells exceeded drinking water standards when sampled in
June of 1980.
A Potential Hazardous Waste Site Investigation Report and a
Preliminary Assessment Report were prepared by EPA on February 26, 1981
for this Site. The Site was added to the National Priorities List in
1984.
EPA performed a Remedial Investigation/Feasibility Study on the
Site During 1985. The RI was divided into two operable units with the
first operable unit addressing contamination in the soil, surface
water, and sediments. The second operable unit investigated groundwater
contamination at the Site.
Soil contamination was found in the lagoon and areas within the
fence and at two areas outside of the fence. Cadmium, chromium,
cyanide, nickel, and zinc were identified as the contaminants of
concern. The Risk Assessment concluded that a source control measure
was necessary to reduce the threat of direct contact with contaminated
soil and the inhalation of airborne contaminated dust associated with
this Site.
On September 28, 1987, EPA selected a remedy to address soil
contamination at this Site. The Record of Decision (ROD) for the first
operable unit established soil cleanup goals for these contaminants of
concern: Cadmium (2.6 mg/kg), chromium (5.3 mg/kg), cyanide (0.02 mg/
kg), nickel (18 mg/kg), and zinc (1,785 mg/kg). The solidification/
stabilization of 5,500 cubic yards of contaminated soil was conducted
in April and May of 1988. This soil was excavated, solidified, and
returned to the lagoon area. A final cover consisting of approximately
8 inches of soil was placed over the solidified material and seeded.
[[Page 3191]]
Operable unit two revealed that the highest concentration of
chromium was present in a shallow well MW1S at a concentration of 0.058
mg/l. This value slightly exceeded the Maximum Contaminant Levels (MCL)
for chromium set at 0.050 mg/l. Chromium contamination in this well was
suspected to be the result of waste water discharged into the lagoon.
All other contaminant concentrations were below the existing MCL,
Secondary Maximum Contaminant Level (SMCL), and/or Health Advisory
drinking water standards.
The ROD for Operable Unit Two, signed on August 30, 1988, outlined
a No Action alternative for the groundwater at the Site. The .008 mg/l
by which chromium exceeded the standard in a single well (MW-lS) was
within the 20% analytical variance for Contract Laboratory Program
labs. The wells were resampled on July 28-29, 1988. The highest
concentration of chromium detected was .041 mg/l in MW-IS. The
contaminant levels in the groundwater presented no imminent or
substantial threat to human health or the environment, therefore, no
groundwater treatment was necessary.
The solidification/stabilization treatment of the contaminated soil
is considered a permanent remedy. No additional treatment of the
solidified material is necessary, however, periodic groundwater
monitoring will be conducted. EPA Region IV has entered into a
Superfund State Contract with the State of South Carolina to conduct
operations and maintenance activities at this Site for a period of five
years. The State of South Carolina has subsequently agreed to continue
with these activities beyond the five year period. EPA conducted the
first of these activities on November of 1989. Both EPA and the State
of South Carolina find that the remedy continues to provide adequate
protection of human health and the environment.
CERCLA Section 121(c), 42 U.S.C. 9621 and 40 CFR 300.430(f)(4)(ii)
requires that five year reviews be performed at sites where
contaminants remain above levels that allow for unlimited use and
unrestricted exposure. The first Five Year Review was completed on
September 13, 1993. The results of this review indicate that the
remedial activities were effective in stabilizing the contaminant
source on-site. Additional five year reviews will allow EPA and the
State of South Carolina to determine if the protectiveness of the
remedy will be maintained over time.
EPA, in concurrence with the State of South Carolina has determined
that all appropriate fund-financed responses under CERCLA at the
Independent Nail Site have been completed, and no further clean-up by
the responsible parties is appropriate.
Dated: November 16, 1994.
Patrick M. Tobin,
Acting Regional Administrator, Region IV, Environmental Protection
Agency.
[FR Doc. 95-826 Filed 1-12-95; 8:45 am]
BILLING CODE 6560-50-P