[Federal Register: May 26, 2006 (Volume 71, Number 102)]
[Proposed Rules]
[Page 30356-30358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my06-31]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-R04-SFUND-2006-0385; FRL-8173-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Cedartown Industries, Inc. site
from the National Priorities List: request for comments.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 4
announces its intent to delete the Cedartown Industries, Inc. site (the
Site) from the National Priorities List (NPL) and requests public
comment on this proposed action. The NPL constitutes Appendix B of 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) of 1980, as amended. EPA and the State of Georgia
Environmental Protection Division (GEPD) have determined that the Site
poses no significant threat to public health or the environment and
therefore, further response measures pursuant to CERCLA are not
appropriate.
DATES: Comments concerning this proposed action may be submitted on or
before: June 26, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
SFUND-2006-0385, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: farrier.brian@epa.gov
Fax: 404-562-8896/Attn Brian Farrier
Mail: Brian Farrier, U.S. EPA Region 4, WMD-SRTSB, 61
Forsyth Street, SW., Atlanta, Georgia 30303. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.
Instructions: Direct your comments to Docket ID No. EPA-R04-SFUND-
2006-0385. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
[[Page 30357]]
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 consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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 e-mail comment directly to EPA without going through
http://www.regulations.gov your e-mail 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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm Docket: All documents in the docket are listed in the http://.
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 statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. EPA Region 4
office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303.
Regional office is open from 7 a.m. until 6:30 p.m. Monday through
Friday, excluding legal holidays.
Written comments may be submitted to Brian Farrier within 30 days
of the date of this publication.
FOR FURTHER INFORMATION CONTACT: Brian Farrier, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street,
SW., Atlanta, Georgia 30303, or e-mail at farrier.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The EPA Region 4 announces its intent to delete the Cedartown
Industries, Inc. site, located in Cedartown, Polk County, Georgia, from
the NPL, which constitutes Appendix B of the NCP, 40 CFR Part 300, and
requests comments on this proposed action. EPA identifies sites on the
NPL 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 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.
EPA will accept comments concerning this proposed action for thirty
days after publication of this notice in the Federal Register.
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, or re-categorized on, the NPL where no further response
is appropriate. In making this determination, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
(i) Responsible or other parties have implemented all appropriate
response actions required;
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented and no further 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, taking of remedial measures is not appropriate.
CERCLA Section 121(c), 42 U.S.C. 9621(c), provides in pertinent
part that:
``If the President selects a remedial action that results in any
hazardous substances, pollutants, or contaminants remaining at the
Site, the President shall review such remedial action no less often
than each five years after the initiation of such remedial action to
assure that human health and the environment are being protected by
the remedial action being implemented. * * *''
EPA policy interprets this provision of CERCLA to apply to those
sites where treated, in this case solidified, waste remains on-site. On
that basis, for reasons set forth below, the statutory requirement has
been satisfied at this Site, and five year reviews and operation and
maintenance activities will be required. In the event new information
is discovered which indicates a need for further action, EPA may
initiate appropriate remedial actions. In addition, whenever there is a
significant release from a site previously deleted from the NPL, that
site may be restored to the NPL without application of the Hazardous
Ranking System. Accordingly, the Site is qualified for deletion from
the NPL.
III. Deletion Procedures
EPA will accept and evaluate public comments before making a final
decision on deletion. The following procedures were used for the
intended deletion of the site:
1. EPA has consulted with the GEPD on this proposed action, and
GEPD has concurred with the deletion decision;
2. Concurrently with this Notice of Intent, a notice has been
published in local newspapers and has been distributed to appropriate
federal, state and local officials and other interested parties
announcing a 30-day public comment period on the proposed deletion from
the NPL; and
3. The Region has made all relevant documents available at the
information repositories.
The Region will respond to significant comments, if any, submitted
during the comment period.
Deletion of the Site from the NPL does not itself create, alter, or
revoke any individual rights or obligations. The NPL is designed
primarily for informational purposes to assist Agency management.
A deletion occurs when EPA's Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect any
deletions in the final update following the Notice. Public notices and
copies of the Responsiveness Summary, if any, will be made available to
local residents by the Regional office.
IV. Basis for Intended Site Deletion
The following site summary provides the EPA's rationale for the
intention to delete this Site from the NPL.
The Cedartown Industries, Inc. site is located in Cedartown, Polk
County, Georgia. The Site is 6.8 acres in size and it was used as an
iron foundry beginning in 1874, smelting iron ore from regional iron
mines northwest of Cedartown. In addition to iron smelting, pumps and
plow blades were manufactured, and a machine shop was operated,
beginning in the 1930s. Then,
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from February 1978 to May 1980, the site operated a secondary lead
smelting business. It is the lead smelting operations that resulted in
the majority of the environmental impact at the Site.
In 1986, GEPD conducted a site inspection and found approximately
5,000 cubic yards of slag material and 32,000 gallons of wastewater in
an inactive impoundment, in addition to elevated concentrations of lead
and cadmium in site waste piles and in the soil.
EPA proposed the site for inclusion on the NPL in June 1988,
finalizing the site's listing in February 1990.
In March 1990, under the direction of the EPA, an Interim Waste
Removal was implemented to remove the slag pile, contaminated soil and
debris, wastewater, and impoundment sediment from the site; in all, a
total of 8,380 tons of solid material was disposed of off-site, in
addition to 485, 360 pounds of liquid waste and a small amount of
reclaimed coke.
Based on Cedartown Industries, Inc. records and other information,
GEPD and EPA identified a number of potentially responsible parties
(PRPs). In 1990, the Cedartown Industries, Inc. PRP Group entered into
an Administrative Order of Consent with EPA. This Order required the
Cedartown Industries, Inc. PRP Group to conduct a Remedial
Investigation and Feasibility Study (RI/FS) at the site. The RI/FS was
conducted from 1990 to 1993. The purpose of the RI is to identify the
nature and extent of contamination, whereas the purpose of the FS is to
identify the options available to remediate this contamination.
The RI documented inorganic contamination in soil and groundwater.
After reviewing the results of the RI/FS, EPA issued a Record of
Decision (ROD) on May 7, 1993. The selected remedy called for the
excavation and onsite treatment of impacted soils by stabilization/
solidification, with onsite disposal. Soils with lead levels above 500
milligrams per kilogram were excavated; these soils were then treated
until four treatment standards were met, as detailed in the ROD. In
addition, the ROD also called for monitoring of the groundwater beneath
the site, with a contingency remedy to be invoked at EPA's discretion,
as necessary.
On May 24, 1994, a Consent Decree was negotiated between EPA and
the Cedartown Industries, Inc. PRP Group, for the performance of the
Remedial Design and the Remedial Action.
The Remedial Action was implemented in 1996, with a total of 11,555
cubic yards of soils excavated and treated. The final inspection was
conducted at the site on August 8, 1996, with representatives present
from EPA, EPA's oversight contractor, GEPD, the supervising contractor,
and the remediation contractor, and the property owner. This inspection
indicated that components of the remedy had been constructed in
accordance with the ROD and the remedial design, with two outstanding
items identified: Proper establishment of the vegetative ground cover
(i.e., grass) and stormwater accumulation. Plans were made to address
these two items and a certificate of construction completion was
submitted to EPA in September 1996, with EPA approval in March 1997.
Long term groundwater monitoring was implemented in September 1996 with
quarterly monitoring through 1998, followed by semi-annual monitoring
beginning in 1999. The contingent groundwater remedy was not invoked at
this site; the latest sampling performed in 2005 showed no results
above groundwater standards.
In September 2001, EPA finalized a Five Year Review for this site,
which included a site walk-through inspection. The only deficiency
noted during the Five Year Review was the lack of a comprehensive deed
restriction, which has since been addressed. The Five Year Review
concluded that the remedy is functioning as intended and is protective
of human health and the environment.
EPA, with the concurrence of the GEPD, has determined that all
appropriate actions at the Cedartown Industries, Inc. site have been
completed, and no further remedial action is necessary. Therefore, EPA
is proposing deletion of the Site from the NPL.
Editorial Note: This document was received in the Office of the
Federal Register May 19, 2006.
Dated: February 22, 2006.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E6-7928 Filed 5-25-06; 8:45 am]
BILLING CODE 6560-50-P