# NOTICE OF INTENT TO DELETE **THE MARTIN -**  **MARIETTA/SODYECO**

**SUPERFUND SITE CHARLOTTE, NORTH CAROLINA** 

**AUGUST 2011**2 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300 EPA
- HQ
- QA
- 2011
- 0707 National Oil and Hazardous Substance s Pollution Contingency Plan; National Priorities L ist : D eletion of the Martin
- Marietta / Sody eco Superfund Site **AGENCY** : Environmental Protection Agency
. **ACTION** : Proposed rule; notice of intent
. **SUMMARY** : The Environm ental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the Martin
- Marietta / Sodyeco Superfund S ite (Site), which is a portion of the Clariant Corporation propert y located at 11701 Mount Holly Road in Charlotte, North Carolina , from the National Priorities L ist (NPL ) and requests comment on this proposed action
. T he NPL, promulgated pursuant to S ection 105 of the Comprehensive Environmental Response, Compensation, and L iability Act (CERCLA or Superfund) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency

Plan (NCP). EPA , with the concurrence of the State of North Carolina , through the Department of Environment and Natural Resources (DENR) , ha s determined that all appropriate response actions under CERCLA , other than operation, maintenance, and five
- ye ar reviews, have been completed
. However, this deletion does not preclude future actions under Superfund if deemed necessary by EPA. **DATES** : Comments must be received b y (insert 30 day s from the date of publication in the Federal Register.3

**ADDRESSES:** Submit your comments, identified by Docket ID no
. EPA
- HQ
- QA
- 2011
- 0707 , by one of the following methods:

 Online: http://www.regulations.gov
. Follow instructions for submitting comments.  E - mail: townsend.michael@epa.gov
 Fax: 404 562
- 8788 Attention: Michael Townsend
 Mail: Michael Townsend

Remedial Project Manager, Superfund Remedial Section Superfund Remedial Branch, Superfund Division U.S. Environmental Protection Agency , Region 4 61 Fors yth Street, SW Atlanta, Georgia 30303
- 8960
 Hand delivery : U.S. Environmental Protection Agency , Re gion 4

61 Fors yth Street, SW Atlanta, Georgia 30303
- 8960 Such deliveries are onl y accepted during the public d ocket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional EPA Office is ope n for business Monday through Friday , 8:30 am to 4:30 pm , excluding Federal holiday s. Instructions: Direct your comment s to Docket ID no. EPA
- HQ
- QA
- 201 1
- 0707 . EPA’s policy is that all comments received will be included in the docket without change and may be made available online at http://www.regulations.gov , including an y personal information provided, unless a comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted b y statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or e - mail. The http://www.regulations.gov w ebsite is an “anon ym ous access” s ys tem, which means EPA will not know your identity or contact4

information unless you provide it in the body of your comment. If you send an e
- mail comment directl y to EPA without going through http://www.regulations.gov , your e - mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic co mment, EPA recommends that you include your name and other contact information in the body of your comment and with any electronic files you submit. I f EPA cannot read yo ur 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, an y form of encry ption, 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 cop yri ghted material, will be publ icly available only

in hard copy
. Publicly

available docket materials are available either electronically at http://www.regulations.gov or in hard cop y at:
R egional Site Information R epository : U.S. EPA Record C enter, Attn: Ms. Debbie Jourdan Atlanta Federal Center 61 Fors yth Street, SW. Atlanta, Georgia 30303
- 8960 Hours of Operation (b y appointment only): 8 a.m. to 4 p.m., Monday through Friday5

Local S ite Information Repository :

Mt. Holl y Public L ibrary 235 West Catawba Ave nue Mt. Holley , N orth C arolina 28120
- 1603 Hours of operation: 10:00 a.m.

– 6:00 p.m. , Monday , Tuesday , Thursday and Friday 10:00 a.m.

– 2:00 p.m. , Wednesday and Saturday **F OR FURTHER INFORMATION**  **, CONTACT:** 

Michael Townsend Remedial Project Manager, Superfund Remedial Section Superfund Remedial Branch, Superfund Division U.S. Environmental Protection Agency , Region 4 61 Fors yth Street, SW Atlanta, Georgia 30303
- 8960 (404) 562
- 8813 Electronic mail at: townsend.michael@epa.gov
. **SUPPLEMENTARY INFORMATION** : Table of Contents : I. Introduction II. NPL Deletion Criteria III. Deletion Procedures6 IV . Basis for Site Deletion

**I. Introduction**  EPA Region 4 is announcing its intent to delete the Martin
- Marietta / Sody eco Superfund S ite (Site) , which is a portion of the Clariant Corporation facility , located at 11701 Mount Holly

Road, Charlotte, NC, from the N PL and requests public comment on this proposed action
. The NPL constitutes Appendix B of 40 CFR P art 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
. , which EPA promulgated pursuant to S ection 105 of the Comprehensive Environmental Response, Compensation and Li ability Act (CERCLA) of 1980, as amended
. EPA maintains the NPLas the lis t of sites that appear to present a significant risk to public health, welfare or the environment. S ites on the NPLmay be the subject of remedial actions financed b y the Hazardous Substan ce Superfund (Fund). As described in 40 CFR Section 300.425(e ) ( 3) of the NCP, sites deleted from the NPL remain eligible for Fund
- financed remedial actions if warranted by future conditions. EPA will accept comments on the proposal to delete the Site for thirty (30) day s after publication of this document in the Federal Register
. 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 th e Site and demonstrates th at the deletion criteria are met .7

**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 NPLwhere 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 an y 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 b y responsible parties is appropriate; or iii. the remedial investigation has sho wn 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 S ection 121 (c) and the NCP, EPA conducts five year reviews to ensure the co ntinued 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 CERCLA action to ensure continued protectiveness at a deleted site if ne w 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 NPLwithout application of the H azard R anking S ys tem .8

**III. Deletion Procedures**  The following procedures apply to deletion of the Site: (1) EPA consulted with the S tate of North Carolina prior to developing this Notice of Intent to D elet e . (2) The S tate of North Carolina, through D ENR, has concurred on the deletion of the Site from the NPL
. (3) Concurrentl y with the publication of this Notice of Intent to Delete in the Federal Register, a notice is being published in a major local newspaper, the Charlotte Observer. The newspaper notice announces the thirty (30) day comment period for the proposed action to delete the Site from the NPL
. (4) EPA placed copies of documents supporting the proposed deletion in the deletion docke t and has made these items available for public inspection and copying at the S ite ’s information repositories identified above. If adverse comments on this deletion notice are received within the thirty (30) day public comment period, EPA will evaluate and respond appropriatel y to the comments before making a final decision to delete. If necessary , EPA will prepare a Responsiveness Summary to address an y significant public comments received. After the public comment period, if EPA determines it is still a ppropriate to delete the Site, the Regional Administrator will publish a final Notice of Deletion in the Federal Register
. Public notices, public submissions and copies of the Responsiveness Summary , if prepared, will be made available to interested parti es and added to the Site’s information repositories listed above.9 Deletion of a site from the NPLdoes 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 NPLis designed primarily for informational purposes and to assist EPA management. In addition, 40 CFR Section 300.425(e)(3) states that the deletion of a site from the NPL does not preclude eligibility

for f uture 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 Martin Marietta

/ Sody eco Superfund Site (EPA ID **:** NCD001810365 ) is located in Charlotte, Mecklenberg County , North Carolina. The Site is located within a 492 acre propert y referred to as the Sandoz Chemical Corporation, Mount Holly Plant , and is located on Highway 27 W est in Mecklenburg Count y, North Carolina. The Site is comprised of five noncontiguous areas located within the facility ’s boundaries
. M anufacturing, administrative and storage facilities cover about 362 acres. The remaining balance of the land is covered b y woodlan ds and grassed areas. T he entire 492
- acre facility is regulated under RCRA authority
. Dy eStuff Company began o perations at the facilit y in 1936. In itiall y, the plant produced liquid sulfur dy es from purchased raw materials. American Marietta (which became Martin Marietta in 1961) purchased the facility in 1958. Martin Marietta’s products included vat dyes, disperse dyes and specialt y chemical pro ducts for the agrochemical, electronic,10

lithographic, pigment, plastic, rubber and general chemical industries. Sody eco Inc. purchased the plant from Martin Marietta in 1983. Sody eco Inc. ’s earl y operations produced wastes that consisted of low
- volume, a queous , acidic or alkaline streams containing inorganic salts , which were discharged untreated to the Catawba River. Later , Sodyeco Inc. ’s operations were expanded and include d organic solvent wastes
. Among the materials placed in landfills at the Site w ere residual distillation tars from solvent recovery operations, empty

drums and cartons, discarded chemicals, off
- specification products, general plant wastes and construction debris. The first indication of potential groundwater contamination at the Si te was the discovery of organic solvents in the Sodyeco’s potable water well in September 1980. Contaminated groundwater was also detected in water suppl y wells adjacent to the Sodeyco Plant. In June 1982, a hazardous waste site investigation was conduct ed by EPA. Results of surface water, groundwater and sediment samples revealed the presence of organic contaminants in groundwater and small amounts in the surface water. The Site was proposed to NPL on December 30, 1982 (47 FR 58476) and finalized on th e NPLSeptember 8, 1983 (48 FR 40674) due to the presence of potable water wells within a three mile radius and the presence of two municipal surface water intakes on the Catawba River The Site contains five contaminated areas designated as A, B, C, D, and E. Area A is an on
- site landfill that operated between the 1930s and 1973. Area B is an on
- site landfill that operated between 1973 and 1978. Area C consists of three covered pits that cont ained the remains of laboratory and production samples, distillation tars, and waste solvents. The two northern pits in Area C were excavated in March 1981 and the contents were trucked off site to a landfill in Pinewood, South Carolina. Removal of the rem aining11

pit was conducted in 1983. After excavati on activities, Area C was regraded and planted with grass. Area D formerly contained two wastewater settling ponds. The ponds were taken from service in 1966; one was cleaned out in 1973 and the other betwee n 1976 and 1977. Area E is located down
- gradient of the old plant and manufacturing area. No waste is known to have been disposed of in this area. The current land use is heavy i ndustrial. There are two business tenants located with in the facility that occupy onl y a few buildings. Most of the land surrounding the Site is primarily

undeveloped woodland. The S ite is currentl y fenced and requir es securit y clearance for access. The ground water aquifer underl yi ng the S ite is currentl y not used as a drinki ng water source ; however, there are no controls preventing that use
. Although the groundwater is not being used for drinking purposes, the aquifer is classified as a Class IIA aquifer, a current source of drinking water. There are no residential properti es that exist above or near the ground water contaminant plume at the Site. **Remedial Investigation and Feasibility Study (RI/FS)** In February

1986, Sandoz Chemical Corporation, the facility owner, entered into an Administrative Order on Consent with EPA t o conduct the R I/FS to evaluate the extent of contamination and identify feasible alternative remedies. Results of the RIshowed the groundwater in the five i dentified CERCLA areas A through E were contaminated with toluene, chlorobenzene, ethylbenzene, x yl ene, o dichlorobenzene, tetrachloroethylene, and trichloroethylene. The Site posed an unacceptable carcinogenic risk to human receptors via ingestion of local water fowl and small mammals and the ingestion of ground water. The S ite also posed an unacceptable12

non - carcinogenic risk to human health via inhalation intake from Area D and the ingestion of onsite groundwater. **Selected Remedy** EPA issued the ROD for the clean
- up of the Site in 1987. The remedial action objectives at the S it e were to protect human health and the environment from exposure to contaminated on
- site soils through inhalation and direct contact, and to restore contaminated groundwater to levels protective of human health and the environment. The cleanup consisted of the following elements:

 Extraction, treatment and discharge of contaminated ground water for all five areas;

 E xcavation and off

- site incineration for Area D ;

 Installation of a landfill c ap f or Area B; and,

 Implementation of one of the following activiti es after treatability studies were undertaken for Area C , including : 1) flushing; 2) soil washing; 3) thermal processing ; or 4) in
- situ steam stripping and excavation and off
- site incineration. No soil remediation was deemed necessary for CERCLA Areas A and E during the RI/FS. The initial cleanup approach for Area C was an interim action. The final cleanup plan for Area C was outlined in a 1994 Explanation of Significant Difference (ESD) , and included in
- situ soil flushing , with the flushing water being captured and treated by the existing ground water treatment sy stem . The ESD a lso included continuation of a vacuum extraction pilot study to treat soil stock
- piled on site that was contaminated with VOCs
. The vacuum extraction method eventually proved ineffective and EPA issued a13

second ESD in November 1998, which required off
- site treatment and disposal for the stock
- piled soil in Area C. **Response Actions** Installation of the asphalt cap for Area B was completed in October 1989. The off
- site treatment and disposal of Area C stockpiled soils was completed in March of 1999. The installation of an in
- situ flushing s ys tem for the Area C soil was completed duri ng the third week of September of 1999. Remediation of Area D soil was completed in April 1999. A total of 397 tons of soils were removed in two phases, and sent off
- site for treatment and disposal. The g roundwater sy stem was designed to removed VOCs fr om the shallow (Areas C and D), intermediate (Areas A/B, D and E) and deep aquifers (Area D). The groundwater remediation involved extraction through recovery wells and treatment in the onsite RCRA wastewater treatment facility . The treated water is disc harged to the Catawba River, as regulated by the National Pollutant Discharge Elimination Sy stem (NPDES) program
. The groundwater extraction wells for Areas A through E were installed 1990. The contaminated groundwater continues to be treated in the RCRA
regulated on - site wastewater treatment facility , along with contaminated groundwater from the RCRA
- regulated portions of the facilit y. T he remedial action s w ere completed by the responsible party , with oversight by the state RCRA program. The Prelim inary Close
- Out Report was issued by EPA on September 29, 1999
. Since the groundwater remedy was constructed, implementation has be en conducted under the facility ’ s RCRA permit and authority . The facility ’s permit14

incorporated the groundwater remediation goals and cleanup levels established in the 1987 ROD and require s ICs for limiting the use of groundwater from aquifers impacted by S ite contaminants. At the time the Site was listed on the NPL, the RCRA Hazardous Solid Waste Amendments (HSWA) provisions had not been promulgated, and it was necessary to use CERCLA response authority to address the contamination at the Site outside of the regulated RCRA units (Areas A

– E). Since the facility ’s RCRA permit and autho rity

have been used to implement the groundwater cleanup and HSWA now provides the legal authority necessary

to continue the treatment until cleanup levels are achieved in the CERCLA areas outside of the RCRA regulated units, EPA has concluded that the gro undwater risks originall y identified in the 1987 ROD no longer need to be addressed b y CERCLA authority
. Institutional controls were also necessary because the selected remedy resulted in hazardous substances, pollutants , or contaminants remaining at the Site above levels that would allow for unlimited use and unrestricted exposure in the soils. More specificall y, the remedy capped soil in place in CE R CLA Are a s A and B, as well as left contaminated soils covered by clean soils in place in Area D . The D eclaration of P erpetual L and U se R estrictions were implemented on 8/10/2011 with the Charlotte, Mecklenburg Count y, Register of Deeds
. T he 1987 ROD, as amended by the ESDs, was further amended to select no further CERCLA action for groun dwater and required institutional controls preventing disturbance of the caps and precluding direct cont act with an y onsite soils impacted b y S ite contaminants . The ROD amendment was signed on July 5, 2011.15

**Cleanup Goals** Contaminated soils above industrial cleanup levels were excavated and disposed of off
- site or were capped in place in Areas B, C and D. Post
- excavation sampling was conducted and described in the Preliminary Closeout Report issued by EPA on September 29, 1999
. **Operation and Maintenance** For CERCLA Areas A, B, and C, the Clariant Corporation , under the existing RCRA C permit, is conducting the long
- term monitoring , and operation and maintenance activities at the Site. The primary activities associated with O&M , associated with the S ite, include:

 Visual inspection of the cap, assuring that it is stable and sound ; and

 Monitoring of institutional controls Operation of the water treatment plant and associated groundwater monitoring is being conducted under the RCRA Subtitle C permit and is not part of the CERCLA response. **Five -**  **Year Review**  **s** Three f ive year r eview r eports for the S ite have been issued , in 1996, 2002 and 2007. The 2007 five ye ar review report concluded that the remedy selected in the ROD is protective in the short term, but recommended follow
- up actions to anal yze the extraction wells for their effectiveness in addressing ground water contamination , conduct maintenance on the Area B cap, and to evaluate the t ype of IC s that sh ould be impl emented at the S ite. All recommended actions have been addressed. Additional groundwater studies are being conducted to address iss ues identified in the 2007 five year16

review report under R CRA oversight. These activities included installation of additio nal groundwater extraction and monitoring wells in Areas D and E. These activities were completed in 2007 and 2010. Repairs to surfi cial cracks on the Area B cap were completed in 2008. EPA incorporated institutional controls into a decision document in the July 5, 2011 ROD
. The I Cs preventing disturbance of the caps and precluding direct contact with an y onsite soils impacted by site contaminants were implemented and filed on August 10, 2011 with the Charlotte, Mecklenburg Count y, Register of Deeds
. **Community Involvement** EPA has conducted a range of community involvement activities at the S ite to solicit community

input and to ensure that the public remains informed about site
- related activities throughout the cleanup process. Outreach activities have included public notices, interviews and public meetings on cleanup activities. Inaddition to publishing notices about its intent to delete the Site and amend the ROD in the Federal Register and in a local newspaper, EPA conducted a public meeting on May 12, 2011 to provide the public with the opportunity to comment on the proposed ROD Amendment
. The ROD Amendment and Responsiveness Summary , addressing comments received during the comment period , have been included in the Administrative Record. EPA h as also prepared the deletion docket , which includes the documents which EPA relied on for its decision to propose delet ing the Site from the NPL . Therefore, the p ublic participation requirements, required in CERCLA S ection 113(k), 42 U.S.C. Section 9613( k) , and CERCLA S ection 117 , 42 U.S.C. Section 9617 , have been satisfied.17

**Determination that the Site Meets the Criteria for Deletion in the NCP** The NCP specifies that EPA may delete a site from the NPL if “all appropriate responsible parties or other persons have implemented all appropriate response actions required
. ” EPA, with concurrence of the State of North Carolina, through the Department of the Environment and Natural Resources, b y a letter dated July 17, 2011 , believes this criteria for deletion have been satisfied. The contaminated soils have been capped and institutional controls are in place preventing unacceptable exposure. The contaminated groundwater is being addressed under the facility ’s RCRA permit and authority , therefore CERC LA response is not warranted. Therefore, EPA is proposing to delete this S ite from the NPL
. **List of Subjects in 40 CFR Part 300** Environmental protection ; Air pollution control ; Chemicals ; Hazardous waste, Hazardous substances ; Intergovernmental relati ons ; Penalties ; Reporting and recordkeeping requirements ; Superfund ; Water pollution control ; Water supply
.

__________ ___________ ________________ Dated: Gwendoly n Key es Fleming Regional Administrator , Region 418

For the reasons set out in this document, 40 CFR P art 300 is amended as follows: 1. The authorit y 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. 2. Table 1 of Appendix B to P art 300 is amended by r emoving " Martin
- Marietta, Sodyeco, Inc. , ” “ Charlotte, North Carolina
. "