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[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Rules and Regulations]
[Pages 17060-17065]
From the Federal Register Online via the Government Printing 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: kestle.rusty@epa.gov.
     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: 
kestle.rusty@epa.gov

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

[[Page 17062]]

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

[[Page 17063]]

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

[[Page 17064]]

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]

0
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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