Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50797 

Dated: August 11, 2015. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2015–20726 Filed 8–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1994–0009; FRL–9932– 

77–Region 4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the National Southwire Aluminum 

(NSA) Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 4 is publishing a 

direct final Notice of Deletion of the 

National Southwire Aluminum (NSA) 

Superfund Site (Site), located in 

Hawesville, Hancock County, Kentucky, 

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 the 

EPA with the concurrence of the State 

of Kentucky, through the Kentucky 

Division of Waste Management 

(KDWM), because the EPA has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, 

monitoring and five-year reviews, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective October 5, 2015 unless the EPA 

receives adverse comments by 

September 21, 2015. If adverse 

comments are received, the 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–1994–0009, by one of the 

following methods: 

D http://www.regulations.gov. Follow 

online instructions for submitting 

comments. 

D Email: townsend.michael@epa.gov. 

D Fax: 404 562–8788. 

D Mail: Michael Townsend, Remedial 

Project Manager—Superfund Division, 

U.S. Environmental Protection Agency 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, GA 30303. 

D Hand Delivery: U.S. Environmental 

Protection Agency Region 4, Atlanta 

Federal Center, 61 Forsyth Street SW., 

Atlanta, GA 30303. 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–1994– 

0009. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 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 email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through 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, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the 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 at http://

www.regulations.gov or in hard copy at: 

Hancock County Public Library 

1210 Madison Street, Hawesville, KY 

42351. Hours: MTWF 8:30 to 4:30, 

Thursday 8:30 to 7:00, Saturday 8:30 to 

12:00. 

FOR FURTHER INFORMATION CONTACT: 

Michael Townsend, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 4, Atlanta Federal 

Center, 61 Forsyth Street SW., Atlanta, 

GA 30303; townsend.michael@epa.gov 

or (404) 562–8813. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

The EPA Region 4 is publishing this 

direct final Notice of Deletion of the 

National Southwire Aluminum (Site), 

from the National Priorities List (NPL). 

The NPL constitutes Appendix B of 40 

CFR part 300, which is the National Oil 

and Hazardous Substances Pollution 

Contingency Plan (NCP), which the EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. The 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare or the 

environment. Sites on the NPL may be 

the subject of remedial act ions 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. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that the EPA is using for this action. 

Section IV discusses the National 

Southwire Aluminum Superfund Site 

and demonstrates how it meets the 

deletion criteria. Section V discusses the 

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 

the EPA uses to delete sites from the 

NPL. In accordance with 40 CFR 

300.425(e), sites may be deleted from 

the NPL where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), the EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 


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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, the EPA conducts fiveyear 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. The EPA 

conducts such five-year reviews even if 

a site is deleted from the NPL. The 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) The EPA consulted with the state 

of Kentucky 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) The 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 Kentucky 

Division of Waste Management 

(KDWM), 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 the Hancock County 

Clarion. 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, the 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 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 the EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist the 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

the EPA’s rationale for deleting the Site 

from the NPL: 

1. Site Background and History 

The Comprehensive Environmental 

Response, Compensation and Liability 

Information System (CERCLIS) EPA ID 

Number of the NSA Site is 

KYD049062375. The Site is an active 

aluminum reduction facility located in 

Hancock County, Kentucky, a sparsely 

populated area on the south bank of the 

Ohio River. The Site is located 4 miles 

northwest of the town of Hawesville and 

across the Ohio River from the Indiana 

cities of Cannelton and Tell City. The 

land surface is characterized by low 

relief and lies approximately 40 feet 

above the local normal water level of the 

Ohio River. 

The facility area, including adjacent 

agricultural land, is 1,100 acres. The 

aluminum reduction activities take 

place in a 475-acre area located to the 

east of State Route 334 and to the north 

of State Route 3543. Public access to the 

Site is restricted by a chain-link fence. 

In addition, access to and from the plant 

area is controlled by a guardhouse 

located at the State Route 3543 entrance. 

Southwire operated the facility from 

1969 to 2001. In April 2001, Southwire 

transferred ownership of the facility and 

the majority of the former NSA property 

to Century Aluminum of Kentucky, LLC 

(Century). Century continues to operate 

the aluminum reduction facility. 

Southwire retained responsibility for 

completion of the remedy and also 

maintains ownership of a small parcel 

on the northwestern part of the property 

(referred to as the Southwire Outlot). 

There were two primary historic 

practices that contributed to the 

contamination at the Site. These 

included the removal, replacement and 

disposal of spent potliners in an 

uncontrolled manner and the use of 

polychlorinated biphenyl (PCB) heat 

transfer fluids as part of pitch 

operations. These activities adversely 

affected the Site soil and groundwater. 

In 1986, the KDWM performed a 

preliminary assessment at the Site and 

identified the presence of cyanide in 

groundwater. A Site Scoring 

Investigation was performed by the EPA 

and completed in 1991. The EPA 

proposed to add the Site to the NPL in 

the June 29, 1991 Federal Register. The 

Site was listed final on the NPL: 27989– 

27996 Federal Register Vol. 59, No. 103, 

on May 31, 1994. 

A Non–Time Critical Removal Action 

(NTCRA) was completed in 1997 at the 

South Slurry Pond to reduce the 

migration of fluoride and cyanide to 

groundwater. 

2. Remedial Investigation and 

Feasibility Study (RI/FS) 

The Remedial Investigation (RI) was 

performed to further characterize the 

nature and extent of known areas of 

contamination, to ascertain the presence 

or absence of any additional areas of 

concern at the Site, and to describe the 

fate and transport of the contaminants 

present. 

The analytical results of the RI/FS 

indicated the presence of two cyanide 

contaminated groundwater plumes. The 

north plume extended eastward from 

the Potliner Disposal Area to the Ohio 

River, and contained maximum 

concentrations of 21 milligrams per 

Liter (mg/L) total cyanide and 1.5 mg/ 

L free cyanide. The total and free 

cyanide concentrations decreased at the 

river to 0.723 mg/L and 0.445 mg/L, 

respectively. The south plume extended 

bi-directionally from the area of the 

Spent Potliner Accumulation Building 

eastward to the river and 

southwestward to the plant’s industrial 

water supply wells. Total cyanide levels 

were 0.142 mg/L or less, while free 

cyanide levels in groundwater sampled 

from wells near the river were 0.02 mg/ 

L or less. The RI/FS also reported the 

presence of fluoride and heavy metals in 

groundwater. The RI/FS indicated that 

fluoride mobility was naturally limited 

by precipitation of calcium fluoride. 

The heavy metals identified in 

groundwater were addressed by the 

Record of Decision (ROD), and the EPA 

determined that it seemed unlikely that 

the expenditure of resources on an areawide sampling and cleanup effort would 

bring a measurable improvement to 

ecological risk with regard to metals. 


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The analytical results of the RI/FS 

also indicated the presence of PCBs and 

polycyclic aromatic hydrocarbons 

(PAHs) in Site soils. These constituents 

were generally identified in carbon and/ 

or pitch handling areas at the Site. 

Concentrations of PCBs were as high as 

2,800 milligrams per kilogram (mg/Kg) 

in the subsurface soil at the Green 

Carbon pitch handling areas where 

spills occurred. Low concentrations of 

PCBs (<50 mg/Kg) were also identified 

in a few other isolated areas of the Site, 

such as the Refractory Brick Disposal 

Areas (RBDAs). Detailed information 

regarding the findings of the RI/FS 

activities can be found in the 1997 

Remedial Investigation Report and the 

1998 Feasibility Study Report. 

3. Selected Remedy 

The ROD identified seven (7) areas of 

concern based on the results of the RI/ 

FS, the Baseline Risk Assessment (BRA) 

and the Ecological Risk Assessment 

(ERA). These focus areas included the 

following: 

(1) Green Carbon PCB Spill Area 

(2) RBDAs 

(3) Taylors Wash Landfill 

(4) Drum Storage Area 

(5) PCB Soil Stockpile Area 

(6) Site-wide Groundwater 

(7) South Slurry Pond 

The remedial action objectives (RAOs) 

presented in the ROD for the seven (7) 

focus areas, consisted of the following: 

D Minimize direct contact by Site 

workers and the public with soil 

containing excessive levels of PCBs, 

D Minimize direct contact by Site 

workers and the public with soil 

containing excessive levels of PAH 

compounds, 

D Minimize transport of contaminated 

soil by erosion to water courses, 

including the Ohio River, 

D Minimize potential leaching of total 

PCBs to Site groundwater from areas of 

high concentrations, 

D Remediate groundwater 

contaminated with elevated levels of 

cyanide and fluoride, and 

D Prevent deterioration of the Old 

South Slurry Pond containment system. 

The NTCRA at the South Slurry Pond 

was conducted to reduce the migration 

of fluoride and cyanide to groundwater. 

Groundwater with elevated levels of 

fluoride is naturally limited by the 

precipitation of calcium fluoride. 

Groundwater with elevated levels of 

cyanide was treated at the OU1 

Groundwater Extraction and Treatment 

System (GETS). 

The ROD presented the selected 

remedy to achieve these RAOs at each 

of the seven (7) focus areas. These seven 

(7) focus areas and the selected remedy 

presented in the ROD for each area is as 

follows: 

Green Carbon PCB Spill Area (Central 

Plant) 

Land-use and groundwater-use deed 

restrictions; surface and subsurface ‘‘hot 

spot’’ removal to off-site secure landfill; 

rerouting utilities, where necessary; 

installation of a low-permeability 

multimedia cap; operational controls to 

limit physical contact; monitoring of 

groundwater for PCBs; material with 

lower-level PCB contamination 

disposed under the new Taylors Wash 

Landfill cap and cover. 

RBDAs (West of State Route 334) 

Land-use and groundwater-use deed 

restrictions; install soil erosion cap, 

establish a grass cover, and install 

fencing with warning signs; remove 

layer of sediment from lengths of the 

Drainage Ditch and Muddy Gut 

Tributary and dispose under the new 

Taylors Wash Landfill cap and cover or 

dispose off-site with other PCB soils. 

Taylors Wash Landfill (Eastern Plant) 

Deed restrictions; collection and 

treatment of leachate utilizing a new 

force main from the Landfill to the 

existing groundwater treatment plant; 

install RCRA Subtitle D multi-media cap 

and cover; install fencing with warning 

signs. 

Drum Storage Area (Southern Plant) 

Determine PCB and other 

contaminant of concern (COC) 

concentrations of ‘hotspots’; excavate 

‘hot spots’ and dispose of contaminated 

material under the new Taylors Wash 

Landfill cap; cover excavations with 

clean fill and appropriate surface 

treatment. 

PCB Soil Stockpile Area (Eastern Plant) 

Excavate one foot of existing surface 

soils over the entire Area and dispose 

under the Taylors Wash Landfill cap 

after confirming PCB concentrations; 

install erosion cap over Area and 

establish grass cover. 

Site-Wide Groundwater 

Impose deed restrictions for 

groundwater use where not already 

imposed; continue groundwater 

extraction and treatment as required by 

April 14, 1994 Remedial Design/

Remedial Action (RD/RA) Consent 

Decree (operate and maintain 

Groundwater Extraction and Treatment 

System); monitor Site-wide groundwater 

and Groundwater Treatment System 

Kentucky Pollution Discharge 

Elimination System (KPDES) discharge; 

investigate soils under Spent Potliner 

Accumulation Building. 

South Slurry Pond (Northern Plant) 

Maintain existing cap and cover; 

impose land-use deed restrictions for all 

four (4) ponds; monitor groundwater as 

a part of the Site-wide groundwater 

monitoring. 

The ROD was completed in July 2000, 

the SOW was completed in November 

2000 and the Consent Decree (CD) was 

entered in U.S. District Court on March 

8, 2004. The initial response activities 

associated with OU1 and the NTCRA 

were completed in 1997 before issuance 

of the ROD. The remedial design 

activities associated with OU2 

commenced following execution of the 

CD. There are no Amendments or 

Explanations of Significant Differences 

to the 2000 ROD. 

4. Response Actions 

Operable Unit No. 1 

The Interim Record of Decision 

(IROD) was issued in 1993, and a CD for 

the interim remedial action activities 

was executed in 1994. The IROD 

focused on reducing cyanide in 

groundwater and is referred to as OU1. 

The Interim Remedial Action 

Groundwater Pumping and Treatment 

System Remedial Design (IRA RD) was 

completed in 1994. The GETS design 

included an extraction well network 

consisting of six total wells installed in 

the cores of the north and south plume 

to maximize the withdrawal of cyanidecontaminated groundwater. The 

groundwater treatment plant was 

designed to remove iron-complexed 

cyanide using ferrous precipitation and 

settling. The treatment process involved 

five basic steps: cyanide precipitation, 

cyanide solids removal, ferric iron 

precipitation, iron solids removal, and 

dewatering of the combined sludge from 

the two solids removal steps. The GETS 

was designed to discharge treated 

groundwater to the Ohio River under 

the terms of a KPDES Permit. In 

addition, the Performance Standards 

Verification Plan (PSVP) developed as 

part of the IRA RD included a system of 

thirty-seven (37) groundwater 

monitoring wells sampled on a quarterly 

or annual basis for total and free 

cyanide. 

The remedial action activities 

associated with OU1 commenced in 

1995, with the startup of the GETS. The 

GETS operated from 1995 through 2010, 

when the performance standards for 

OU1 were met. The GETS collected 

groundwater from up to six extraction 

wells operating in the north and/or 

south plumes at rates of up to 690,000 


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gallons per month under Kentucky 

Water Withdrawal Permit No. 1330. 

Groundwater was treated at the on-site 

groundwater treatment plant and 

discharged to the Ohio River in 

accordance with a KPDES Permit. 

Effluent from the groundwater treatment 

plant was monitored bi-weekly in 

accordance with the permit. The 

extraction wells were monitored on a 

monthly basis, and monitoring wells 

associated with OU1 were monitored on 

a quarterly or annual basis during GETS 

operation. The GETS operation and 

monitoring results have been 

documented in the Monthly Progress 

Reports required by the CD. Detailed 

information regarding the OU1 cleanup 

activities can primarily be found in the 

2011 Remedial Action Report, which 

includes the 2011 OU1 Performance 

Standards Verification Report as an 

attachment. 

Operable Unit No. 2 

The ROD was issued in 2000, and a 

CD for the remedial action activities was 

executed in 2004. With regard to OU2, 

the ROD primarily focused on the 

removal and management and/or 

containment of surface and subsurface 

soils from five specific focus areas 

contaminated with PCBs. The design 

criteria established in the ROD followed 

the self-implementing provisions of the 

Toxic Substances Control Act (TSCA) 

defined in 40 Code of Federal 

Regulations (CFR) 761.61(a)(4)(i). In 

summary, the design criteria under 

TSCA required: 

D High-Occupancy Areas: The 

removal of PCB bulk remediation waste 

to a level less than 1.0 mg/Kg total 

PCBs, or removal to a level less than 

10.0 mg/Kg total PCBs and covered with 

a protective soil cap. 

D Low-Occupancy Areas: The removal 

of PCB bulk remediation waste to a level 

less than or equal to 25 mg/Kg total 

PCBs, to a level less than or equal to 50 

mg/Kg total PCBs if the areas is secured 

by a fence and marked with signage, or 

to a level of less than or equal to 100 

mg/Kg total PCBs if the area is 

appropriately capped. 

The plans for meeting the criteria 

established in the ROD were developed 

in the Final RD/RA Submittal and 

approved by the EPA in 2006. The RD/ 

RA was designed to meet the criteria 

defined above through a series of 

remedial actions that are further 

described below. 

The remedial action activities 

associated with OU2 commenced in 

2007, and were substantially complete 

in 2008, when the performance 

standards associated with this operable 

unit were achieved. The remedial action 

activities were specific to five focus 

areas and are summarized below: 

D Green Carbon PCB Spill Area: The 

remedial action activities in the Green 

Carbon Area primarily required the 

excavation and removal of materials 

(mainly soils) potentially contaminated 

with PCBs from depths of 2 to 14 feet. 

During material removal activities, 

confirmatory/verification sampling and 

material characterization activities were 

conducted in accordance with the 

approved RD/RA. Following material 

characterization, the removed materials 

were staged in the Taylor’s Wash 

Landfill Area and ultimately disposed of 

either at Taylor’s Wash, at a RCRA 

Subtitle D Landfill or at a TSCAequivalent disposal facility in 

accordance with the provisions of the 

ROD and RD/RA. A multi-layer cap was 

installed in the deep excavation areas 

(depths up to 14). Clean fill materials 

and, ultimately, pavements (concrete or 

asphalt) were installed above the multilayer cap. In shallow excavation areas 

(depths up to 2 feet), the RD/RA 

included a layer of clean fill materials 

and/or concrete pavement. The 

activities were completed in December 

2007. 

D Drum Storage Area: The remedial 

action activities in the Drum Storage 

Area primarily required the excavation 

of soil materials potentially 

contaminated with PCBs or PAHs to 

depths of up to 2 feet. During material 

removal activities, confirmatory/

verification sampling and material 

characterization activities were 

conducted in accordance with the 

approved RD/RA. Following material 

characterization, the removed materials 

were staged in the Taylor’s Wash 

Landfill Area and ultimately disposed of 

either at Taylor’s Wash, at a RCRA 

Subtitle D Landfill or at a TSCAequivalent disposal facility in 

accordance with the provisions of the 

ROD and RD/RA. Clean fill materials 

were placed in the excavation areas. The 

activities were completed in September 

2007. 

D Refractory Brick Disposal Areas: 

The cleanup activities in the RBDAs 

primarily required the regrading of 

existing materials and the installation of 

a 2-foot soil cap with a minimum of one 

percent slope. In addition, the 

preliminary design activities conducted 

in 2005 identified wetlands in the 

vicinity of the RBDAs. The RD/RA 

included provisions to minimize 

disturbance to wetlands in the vicinity 

of the RBDAs and to restore the areas 

following wetlands mitigation 

principles. The activities were 

completed in November 2007. 

D PCB Soil Stockpile Area: The 

cleanup activities at the PCB Soil 

Stockpile Area primarily required the 

installation of a 2-foot soil cap with a 

minimum of one percent slope. The 

activities were completed in September 

2007. 

D Taylor’s Wash Landfill: The 

cleanup activities at the Taylor’s Wash 

Landfill primarily consisted of the 

regrading of excavated soils from the 

Green Carbon and Drum Storage Areas 

with PCB concentrations of less than 25 

mg/Kg. Following the regrading 

activities, the ROD required the 

installation of a multi-layer cap and 

vegetative cover system. These activities 

were completed in July 2008. In 

addition, as the ROD required, activities 

related to the collection and treatment 

of leachate from the landfill for a period 

of one year, or until other established 

criteria had been met, were 

implemented. Leachate from the landfill 

was pre-treated adjacent to the Taylor’s 

Wash Landfill area and treated at the 

OU1 groundwater treatment plant. The 

leachate treatment activities were 

completed in August 2009. 

In addition to the cleanup activities 

described above, the ROD also required 

the installation of fencing at the Taylor’s 

Wash Landfill and the RBDAs, and the 

installation of warning signs to prevent 

digging or excavation at the Green 

Carbon Area, RBDAs, PCB Soil 

Stockpile Area and Taylor’s Wash 

Landfill. These activities were 

completed by August 2008. Detailed 

information regarding the OU2 cleanup 

activities can be found in the 2011 

Remedial Action Report. 

The EPA and the KDWM have 

indicated that all remedial action 

construction activities, including the 

implementation of institutional 

controls, were performed in compliance 

with the ROD and in accordance with 

the Final Remedial Design (RD). In 

2013, the EPA prepared a Final Close 

Out Report to document the completion 

of the remedial action activities. 

5. Cleanup Goals 

Demonstration of Cleanup Activity 

Quality Assurance and Quality Control 

(QA/QC) 

The construction and operation and 

maintenance QA/QC requirements 

related to the Site are included as 

appendices to the 2006 RD/RA that 

encompassed all areas of concern and 

was approved by the EPA in June 2006. 

The RD/RA included the Construction 

Quality Assurance Project Plan (specific 

to OU2) and the Field Sampling Plan 

(inclusive of OU1 and OU2). These 

work controlling documents are 


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consistent with the requirements of the 

IROD and ROD. Southwire retained URS 

to serve in the role of the Quality 

Assurance firm and to document that 

the QA/QC protocol was followed. 

A significant number of QA/QC 

reports were developed during 

implementation of cleanup activities at 

both OU1 and OU2. The reports 

consisted of, but were not limited to, 

material certifications, air monitoring 

data, groundwater monitoring and 

extraction well analytical data, 

treatment system discharge analytical 

data, soil confirmation data, liner testing 

results, waste characterization data, Site 

surveys and field observations. As 

demonstrated by the reports, the 

requirements and standards of 

performance for the various remedy 

components have been met and 

sampling and analysis protocol has been 

followed. 

The QA/QC information and activities 

described above have been documented 

in the Monthly Progress Reports for the 

Site, the 2011 Remedial Action Report 

and the 2013 Final Close-Out Report. 

6. Operation and Maintenance 

Summary of Operation and 

Maintenance Required 

A detailed description of the required 

Operations and Maintenance Manual 

(O&M) activities specific to the Site can 

be found in the 2008 Operations and 

Maintenance Manual for OU1, OU2 and 

South Slurry Pond Remedial Action 

Activities (O&M Manual). The manual 

was developed to be inclusive of all 

Superfund-related O&M activities 

required at the Site and will be updated 

as needed. 

The O&M activities for OU1 were 

related to groundwater monitoring and 

operation of the GETS. The activities 

related to OU1 were completed in May 

2010. The O&M activities for South 

Slurry Pond are related to groundwater 

monitoring and inspection of the cap/

cover system. The South Slurry Pond 

activities are anticipated to continue for 

a total of thirty (30) years, or through 

2027. The O&M activities for OU2 are 

primarily related to inspection of the 

installed cap and/or cover systems. 

These activities related to OU2 are 

anticipated to continue for a total of 

thirty (30) years, or through 2038. 

The O&M activities for OU2 and the 

South Slurry Pond are ongoing and 

consist primarily of field inspection/

observation activities and groundwater 

monitoring. The following list is a 

general overview of the O&M activities 

at the Site. 

D Inspect vegetative/erosion/

pavement caps for erosion, rutting, 

settlement, ponding or other significant 

damage. 

D Inspect fencing, gates and locks for 

significant breaches and operability. 

D Observe signage is in required 

locations and visible. 

D Observe stormwater systems and 

confirm operating without restrictions, 

significant silt buildup, debris, etc. 

D Observe monitoring well casings 

and locks for damage. 

D Review groundwater monitoring 

records to confirm that the appropriate 

monitoring has been conducted. 

D Continued groundwater monitoring 

associated with the south slurry pond. 

The O&M activities will continue to 

be implemented by Southwire and an 

annual O&M Monitoring Report for the 

Site will be prepared in accordance with 

the O&M Manual. More detailed 

information related to the required O&M 

at the Site can be found in the O&M 

Manual. 

Institutional Controls 

The ROD required the development of 

Institutional Controls in the form of 

Environmental Covenants to restrict 

groundwater and land use at the Site. 

Two Environmental Covenants were 

prepared for the Site, one for Century’s 

property and one for the Out lot 

containing the former waste 

impoundments owned by Southwire. 

These Environmental Covenants were 

developed, approved by the EPA and 

KDWM\ and recorded at the Hancock 

County Court in November 2010. The 

Environmental Covenants include the 

following provisions, as required by the 

ROD: 

D No residential use of the Site, 

D No potable water use of 

groundwater at the Site, and 

D No soil disturbance, cap 

disturbance or construction is permitted 

within the identified focus areas 

without first obtaining approval from 

the EPA and KDWM. 

The Institutional Controls are 

maintained and enforced by the current 

Site owners, Southwire and Century. 

7. Five-Year Reviews 

Pursuant to CERCLA section 121(c), 

42 U.S.C. 9601 et seq., and the EPA’s 

Five-Year Review Guidance, and 

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 

activities at the Site. The objective of the 

Five-Year Review is to ensure that the 

remedy continues to be protective of 

human health and the environment. The 

First Five-Year Review was completed 

in 2001, and the Second Five-Year 

Review was completed in 2006. The 

Third-Five Year Review was signed on 

September 1, 2011. 

The protectiveness statement from the 

Third Five-Year Review indicated that 

all remedial activities at the Site are 

complete, the cleanup requirements 

have been met and the remedial action 

is protective of human health and the 

environment. The Fourth Five-Year 

Review is required to be completed on 

or before September 1, 2016. 

8. Community Involvement 

D As part of preparation for the IROD, 

a public comment period was held from 

January 7, 1993 to February 7, 1993, and 

comment response was included in the 

IROD. 

D As part of preparation for the ROD, 

a public comment period was held from 

July 28, 1999 to August 28, 1999 and 

comment response was included in the 

ROD. 

D As part of the preparation for the 

Five-Year Review—a public notice was 

published in the Hancock County 

Clarion (local newspaper), on May 5, 

2011, announcing the commencement of 

the Five-Year Review process for the 

National Southwire Aluminum 

Superfund Site inviting community 

participation. In addition, the Five-Year 

Review report will be made available to 

the public once it has been finalized. 

9. Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NSA Site meets all of the site 

completion requirements specified in 40 

CFR 400.325(e) and the Office of Solid 

Waste and Emergency Response 

(OSWER) Directive 9320.2–22, Close 

Out Procedures for NPL Sites. 

Specifically, the QA/QC information for 

the Site indicates that the ROD specified 

performance standards and remedial 

action objectives have been achieved at 

all identified areas of concern. 

Therefore, the implemented remedy 

achieves the degree of cleanup and 

protection specified in the ROD, and no 

further Superfund response is needed at 

the Site to be protective of human 

health and the environment. The 

selected remedial and removal actions 

and associated cleanup goals are 

consistent with EPA policy and 

guidance. The O&M activities will be 

continued by Southwire to ensure 

continued protectiveness of the remedy. 

V. Deletion Action 

The EPA, with concurrence of the 

State of Kentucky through the Kentucky 

Division of Waste Management, has 

determined that all appropriate 


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50802 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 

response actions under CERCLA, other 

than operation, maintenance, 

monitoring and five-year reviews have 

been completed. Therefore, the EPA is 

deleting the Site from the NPL. 

Because the EPA considers this action 

to be noncontroversial and routine, the 

EPA is taking it without prior 

publication. This action will be effective 

October 5, 2015 unless the EPA receives 

adverse comments by September 21, 

2015. If adverse comments are received 

within the 30-day public comment 

period, the 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. The 

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: August 6, 2015. 

Heather McTeer Toney, 

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 

■ 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. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘KY’’, 

‘‘National Southwire Aluminum Co’’, 

‘‘Hawesville’’. 

[FR Doc. 2015–20611 Filed 8–20–15; 8:45 am] 

BILLING CODE 6560–50–P 


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