[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Rules and Regulations]
[Pages 50873-50875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25653]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5898-7]


National Oil and Hazardous Substance Pollution Contingency Plan 
National Priorities List Update

AGENCY: Environmental Protection Agency.

ACTION: Notice of deletion, Bayou Sorrel superfund site.

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SUMMARY: The Environmental Protection Agency (EPA) announces the 
deletion of the Bayou Sorrel Superfund Site, located in Bayou Sorrel, 
Iberville Parish, Louisiana, 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, constitutes Appendix B of 40 CFR part 300, which is 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP). This action is being taken by EPA and the State of Louisiana 
because it has been determined that all appropriate response actions 
have been implemented and remedial actions conducted at the site to 
date remain protective of public health, welfare, and the environment.

EFFECTIVE DATE: September 29, 1997.

ADDRESSES: Comprehensive information on the Site is available through 
the public docket which is available for viewing at the Bayou Sorrel 
Superfund Site information repositories at the following locations: 
U.S. EPA Region 6 Library (12th Floor), 1445 Ross Avenue, Dallas, Texas 
75202-2733, (214) 665-6424 / 665-6427; Louisiana Department of 
Environmental Quality, 7290 Bluebonnet Road, Baton Rouge, Louisiana 
70809, (504) 765-0487; Police Jury of Iberville Parish, 510 Meriam, 
Plaquemine, LA 70765, (504) 687-5190; Iberville Parish Library, 1501 J. 
Gerald Berret Blvd., Plaquemine, LA 70765, (504) 687-2520.

FOR FURTHER INFORMATION CONTACT: Stephen L. Tzhone, Remedial Project 
Manager (6SF-LP), U.S. Environmental Protection Agency, Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8409.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Bayou Sorrel Superfund Site, Bayou Sorrel, Iberville Parish, Louisiana. 
A Notice of Intent to Delete for this site was published on June 4, 
1997 (62 FR 30554). The closing date for comments on the Notice of 
Intent to Delete was July 3, 1997. EPA received comments during and 
after the public comment period. All accepted comments, including those 
received after the comment period, and the responses by EPA have been 
included in the Responsiveness Summary (Appendix 1).
    EPA identifies sites that appear to present significant risk to 
public health, welfare, or the environment and it maintains the NPL as 
the list of those

[[Page 50874]]

sites. Any site deleted from the NPL remains eligible for Fund-financed 
remedial actions in the unlikely event that conditions at the site 
warrant such action in the future; Sec. 300.425(2)(3) of the NCP. 
Deletion of a site from the NPL does not affect responsible party 
liability or impede agency efforts to recover costs associated with 
response efforts.

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: September 18, 1997.
Myron O. Knudson,
Acting Regional Administrator, U.S. EPA Region 6.

    For the reasons set out in the preamble, 40 CFR part 300 is amended 
as follows:

PART 300--[AMENDED]

    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--[Amended]

    2. Table 1 of Appendix B to part 300 is amended by removing the 
site ``Bayou Sorrel Site, Bayou Sorrel, Louisiana.''

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix 1--Responsiveness Summary, Bayou Sorrel Superfund Site, Bayou 
Sorrel, Iberville Parish, Louisiana

    The Responsiveness Summary has been prepared to provide written 
responses to comments submitted regarding the Notice of Intent to 
Delete (62 FR 30554) for the Bayou Sorrel Superfund Site. All accepted 
comments are presented in the original, submitted format to the extent 
possible, with similar comments combined.
    1. I support the decision to delete the Bayou Sorrel Superfund Site 
from the NPL.
    EPA appreciates all public support and input for its decisions. The 
concerns of the community are a top priority in finalizing any actions 
taken by the agency. The decision to delete the Bayou Sorrel Superfund 
Site from the National Priorities List was only considered after all 
remedial activities have been completed and concurrence given by the 
State of Louisiana.
    2. The people of the Bayou Sorrel area were not made aware of the 
pollution in the waterways, fish, crawfish, and wildlife. The Bayou 
Sorrel area residents were never informed of the dangers caused by the 
migration of toxic wastes from the Bayou Sorrel Superfund Site.
    EPA has attempted in every possible way to share information on the 
Bayou Sorrel Superfund Site with area residents and communities. A 
Community Relations Plan (June 1984, revised July 1990) was developed 
with the help of area residents and many factsheets have been mailed 
out to interested citizens, congressional representatives, and the 
media. A public meeting was also held in January 1986 to discuss the 
cleanup remedy for the Bayou Sorrel Superfund Site. Supporting 
documentation concerning EPA action at the Bayou Sorrel Superfund Site 
can be found at the Iberville Parish Library, where a repository has 
been set up for the public.
    3. ERM Southwest, Inc. discovered the pollution in 1984. We are not 
being advised of the results of monitor wells overseen by ERM 
Southwest, Inc., or the Louisiana Department of Environmental Quality.
    ERM Southwest, Inc. is a company contracted out by the Bayou Sorrel 
Steering Committee for technical activities concerning the Bayou Sorrel 
Superfund Site. Sampling results from the monitoring wells are reviewed 
by both EPA and the State of Louisiana. These results currently do not 
suggest significant risk to public health or the environment. Data and 
results are available for public review at the information 
repositories.
    4. On February 1994, President Clinton directed federal agencies to 
make sure minorities and the poor aren't disproportionately exposed to 
pollution and other environmental dangers. We feel that an 
environmental injustice is being done to our communities. We would 
welcome an investigation of these injustices in the very near future. 
Our civil rights are being violated.
    EPA is very interested in any environmental justice issues 
concerning unfair biases of pollution exposure toward minorities and 
the poor. At the Bayou Sorrel Superfund Site, EPA has taken civil 
actions against responsible parties and implemented site remedial 
activities with cooperation from the responsible parties. However, if 
further actions pertaining to environmental justice are warranted, the 
Environmental Justice National Hotline at 1-800-962-6215, is available 
for the community to request an investigation into this matter.
    5. The cap and slurry walls are not adequate to protect the 
environment. The clay can crack and leak, and the slurry walls can do 
the same. The leaking wastes will contaminate the crawfish, fish, 
rabbits and other animals/biota in the area that people consume for 
food (not just in the area, but all over the country). The clay can't 
be trusted to contain the wastes.
    The integrity of the cap, slurry walls, and the underlying clay 
geology ensures that no leakage of the contained wastes can occur. Data 
collected from the continued monitoring of groundwater demonstrate that 
no significant risk to public health or the environment is posed by the 
hazardous materials remaining within the cap. The Bayou Sorrel 
Superfund Site is currently under an Operations & Maintenance plan 
which calls for water sampling from the monitoring wells and engineer 
inspections of the cap and site. Based on results from all these 
activities to date, and the public health consultation by the Agency 
for Toxic Substances and Disease Registry, EPA verifies the implemented 
site remedy is protective of human health and the environment.
    6. Water wells aren't being tested--how do we know that chemicals 
from the site aren't leaching into residents' drinking water?
    Data from the monitoring wells surrounding the capped areas would 
immediately reveal if structural integrity had been breached and wastes 
were leaching out. The sampling results from these monitoring wells 
have indicated that the cap and slurry walls are operational as 
planned. Also, in August 1993, the Louisiana Office of Public Health 
conducted a private well survey in the Bayou Sorrel vicinity to 
determine if shallow groundwater in the area had been contaminated. 
Most of the private wells that were used near the site in the early 
1980's have been abandoned and are no longer in use except for one 
private well located in the town of Bayou Sorrel on Bayou Sorrel Road. 
A water sample from this well was analyzed for volatile organic 
compounds and metals including arsenic. No volatile organic compounds 
or metals were detected in the private well water. Municipal water for 
the town of Bayou Sorrel is supplied by the Iberville Parish Waterworks 
<SUP><greek-i></SUP>3 which draws water out of the Intracoastal 
Waterway near the confluence with the Upper Grand River near Jack 
Miller's Landing. This new water system has been inspected and surveyed 
during the first year of operation and meets all Federal regulations 
for primary drinking

[[Page 50875]]

water standards. Additional information can be found in the Health 
Consultation by the Agency for Toxic Substances and Disease Registry, 
dated May 8, 1995.
    7. No one has ever followed up ``on anything'' at the site--only 
one rabbit and one fish were tested during the cleanup. How do we know 
that animals and fish aren't still being contaminated? Is animal/biota 
testing still taking place?
    Seventy-five fish samples were taken in the area near the site and 
analyzed for polychlorinated biphenyls, pesticides, volatile organic 
compounds, and metals, including arsenic, mercury, and thallium. The 
samples were collected by the Louisiana Department of Environmental 
Quality and Louisiana Office of Public Health in June and July of 1993. 
No elevated levels of polychlorinated biphenyls and pesticides were 
detected in the fish. No volatile organic compounds were detected in 
the fish, either. Additional information can be found in the Health 
Consultation by the Agency for Toxic Substances and Disease Registry, 
dated May 8, 1995.
    8. Pesticides and PCBs have been detected in channel catfish, 
crappie bass, * * *. Everybody in this area are consumers of the fish, 
crawfish, and wild game obtained in these waterways and woods. A 
fishing and hunting ban should be established in the area of the site.
    EPA is unaware of the alleged pesticide and polychlorinated 
biphenyls detections in the fish. Sampling results and data collected 
from supporting state agencies and EPA indicate otherwise. In addition, 
EPA does not establish hunting and fishing bans. Those actions are 
taken by state and local health agencies.
    9. The site should be fenced and clearly marked as a hazard--
establish institutional controls.
    Installation of fences around all capped areas to restrict access 
has been in place since the remedial construction activities were 
completed. The fences are inspected and maintained as part of the 
ongoing Operations & Maintenance site activities. Institutional 
controls such as deed restrictions were established along with posting 
of warning signs on all fenced areas. The gravel roads around the 
fenced areas allow for continued recreational use of adjacent lands and 
the borrow lake while diverting traffic around and away from the capped 
areas.
    10. The site is adding to the overall pollution of the area--such 
as the ``illegal'' injection well in Bayou Sorrel. The permit for that 
well should have never been renewed--that well is ``illegal.''
    The permits for injection wells in Louisiana are given by the 
Louisiana Department of Natural Resources and checked for federal 
regulations compliance by EPA. The permitted, legal injection well 
within Bayou Sorrel currently meets all federal standards and has 
satisfactorily passed state inspections.
    11. The community unanimously objected to the cap/containment 
remedy for this site, but EPA, the State and the industries that 
polluted the site went ahead and did what they wanted to anyway. Has 
the public ever ``gotten their wishes'' when it comes to Superfund 
cleanups or permits? Or can someone high up in EPA tell them that the 
``fix is already in'' so we can stop wasting our time commenting on 
things that have already been decided?
    EPA encourages the community to participate at all points during 
the Superfund process. EPA invited the community to participate in 
selecting the remedy for the Bayou Sorrel Superfund Site during the 
Record of Decision phase in 1986. At that time, the community raised a 
number of questions and concerns regarding remediation of the site. 
These comments can be found in the Record of Decision dated November 
14, 1986. As a result of the community's input and other 
considerations, the cap/containment remedy for the Bayou Sorrel 
Superfund Site was selected as the best alternative after evaluating 
performance, reliability, engineering implementability, public health 
and welfare, environmental impacts, institutional factors, and costs.
    EPA solicited and reviewed comments regarding its intent to delete 
the Bayou Sorrel Superfund Site from the National Priorities List. The 
decision to delete any Superfund site from the National Priorities List 
is not final until EPA has extended an opportunity to the public to 
comment on the proposed action. At this time, EPA has decided to move 
forward with its decision to delete the Bayou Sorrel Superfund Site 
from the National Priorities List, but only after careful consideration 
and response to all public comments. EPA has also established a 
Superfund Ombudsman position to address any concerns from the public on 
the Superfund process. Please feel free to contact the EPA Region 6 
Superfund Ombudsman at 1-800-533-3508, to share any concerns which were 
not resolved to your satisfaction.

[FR Doc. 97-25653 Filed 9-26-97; 8:45 am]
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