[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Proposed Rules]
[Pages 20785-20789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11311]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5500-3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Carter Lee Lumber Company 
Superfund Site National From Priorities List; Request for Comments.

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SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region V announces its intent to delete the Carter Lee Lumber Company 
Superfund Site from the National Priorities List (NPL) and requests 
public comment on this action. The NPL constitutes Appendix B to the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
which U.S. EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA) as amended. This action is being taken by U.S. EPA, because it 
has been determined that all Fund-financed responses under CERCLA have 
been implemented and U.S. EPA, in consultation with the State of 
Indiana, has determined that no further response is appropriate. 
Moreover, U.S. EPA and the State have determined that remedial 
activities conducted at the Site to date have been protective of public 
health, welfare, and the environment.

DATES: Comments concerning the proposed deletion of the Site from the 
NPL may be submitted on or before June 7, 1996.

ADDRESSES: Comments may be mailed to Helen Smith (SR-6J) Environmental 
Protection Assistant, Superfund Division, U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604.

[[Page 20786]]

Comprehensive information on the site is available at U.S. EPA's Region 
V office and at the local information repository located at: Hawthorn 
Community Center, 2440 West Ohio Street, Indianapolis IN and the 
offices of the Indiana Department of Environmental management, 100 N. 
Senate Avenue, N1255, Indianapolis, IN. Requests for comprehensive 
copies of documents should be directed formally to the Region V Docket 
Office. The address and phone number for the Regional Docket Officer is 
Jan Pfundheller (SMR-7J), U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Deborah Orr (SR-6J) Remedial Project 
Manager at (312) 886-7576, Helen Smith (SR-6J) Environmental Protection 
Assistant, Superfund Division, U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 886-6229 or David Novak (P-19J), Office of 
Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL 
60604, (312) 886-9840.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its intent to delete the Carter Lee Lumber Company Superfund Site 
(Site) from the National Priorities List (NPL), which constitutes 
Appendix B of the (NCP), and requests comments on the proposed 
deletion. The U.S. EPA identifies sites that appear to present a 
significant risk to public health, welfare or the environment, and 
maintains the NPL as the list of those sites. Sites on the NPL may be 
the subject of remedial actions financed by the Hazardous Substance 
Superfund Response Trust Fund (Fund). Pursuant to Section 300.425(e)(3) 
of the NCP, any site deleted from the NPL remains eligible for Fund-
financed remedial actions if the conditions at the site warrant such 
action.
    The U.S. EPA will accept comments on this proposal for thirty (30) 
days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that U.S. EPA is using 
for this action. Section IV discusses the history of this site and 
explains how the site meets the deletion criteria.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
from the NPL does not in any way alter U.S. EPA's right to take 
enforcement actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist in Agency management.

II. NPL Deletion Criteria

    The NCP establishes the criteria the Agency 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 this determination, U.S. 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; or
    (ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are not appropriate.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures once the State has concurred. This Federal Register notice, 
and a concurrent notice in the local newspaper in the vicinity of the 
Site, announce the initiation of a 30-day comment period. The public is 
asked to comment on U.S. EPA's intention to delete the Site from the 
NPL. All critical documents needed to evaluate U.S. EPA's decision are 
included in the information repository and the deletion docket.
    Upon completion of the public comment period, if necessary, the 
U.S. EPA Regional Office will prepare a Responsiveness Summary to 
evaluate and address comments that were received. The public is welcome 
to contact the U.S. EPA Region V Office to obtain a copy of this 
responsiveness summary, if one is prepared. If U.S. EPA then determines 
the deletion from the NPL is appropriate, final notice of deletion will 
be published in the Federal Register.

IV. Basis for Intended Site Deletion

Decision Summary

I. Site Description
    The Site is located west of downtown Indianapolis at 1621 West 
Washington Street. Eagle Creek is approximately one-half mile southwest 
and the White River is about one mile east of the site. The Site is 
located 7 miles upgradient of one of the groundwater pumps used to 
supplement the drinking water supply for the City of Indianapolis. It 
is located in a commercial and industrial center primarily composed of 
heavy industry with the exception of some scattered areas of older 
single-family residential dwellings. The Site is currently used for 
storage for a commercial lumber yard and is, therefore, fenced and 
access is restricted. The Carter Lee Lumber (CLL) Company has been at 
its present location for over 120 years. The Site occupies only part of 
the CLL property, a four acre trapezoid in the southeast corner, that 
was acquired by CLL in 1979 for expansion of lumber storage 
capabilities.
    Lumber and associated materials are stored in three sheds on the 
Site. The Site is paved with asphalt except for the southeast corner, 
which is covered with about six inches compacted gravel and soil. The 
Site is relatively flat. It is bordered on the east and south by 
Conrail railroad tracks, on the west by Reichwein Avenue and the north 
by CLL property. The bordering tracks are elevated as much as 6 to 8 
feet above the Site. The southeast corner of the property is the lowest 
elevation point on the Site.
    Over 36,000 people live within 2-miles of CLL. The closest 
residence is across Reichwein Avenue. Demographics from the 1990 census 
data, show that the area adjacent to the Site has a more culturally 
diverse population than the general population of Marion County. 
Thirty-two percent of the residents within a two mile radius of the 
Site are non-white while twenty-two percent of the residents of Marion 
County identified themselves as non-white. Census data shows that the 
average household within a two mile radius of the Site has an income 
thirty-three percent lower than the average income of a typical Marion 
County resident.
II. Site History and Enforcement Activities
    Prior to 1979, the Site was owned by Penn Central Corporation and, 
in the period from 1960-1973, leased to several commercial waste 
hauling

[[Page 20787]]

companies that used the Site for industrial waste product disposal. The 
Site was leased first for the disposal of calcium ferrosulfate (about 
30% solid). There is no evidence that this material was hazardous. It 
was then leased to a series of partnerships that, from court records, 
state the nature of the business was to purchase lime slurry, a waste 
product from Union Carbide Corporation, Linde Division, and to sell it 
to Ford Motor Company, in Indianapolis, Delco Electronics in Kokomo and 
Jones Laughlin Steel. Neutralized metal plating sludge and neutralized 
calcium ferrosulfate were reported sprayed on the Site from 1971-1972.
    There are unsubstantiated allegations of tank car dumping and 
disposal of oily filter cakes from Conrail Lines. In addition, from 
1940-1985, CLL operated a small quantity, batch-load wood preserving 
operation immediately off-site, north of the northeast corner of the 
Site. This operation reportedly used consumer-grade pentachlorophenol.
    CCL purchased the Site in 1979. While the property was being 
developed for lumber storage, red soil was discovered. When the red 
soil interfered with proper soil compaction, it was moved. The red soil 
was stored near a trench area dug to hold construction debris. Asphalt 
was laid on portions of the Site and the storage yard was fenced as 
part of this work. The soil was later spread over an area covering 
about 220 by 250 feet in the southeast corner of the Site, where it is 
currently located.
    The Site was investigated by the Environment and Ecology Field 
Investigation Team (FIT) in 1985 as a result of a CLL Company employee 
reports of spotting small animals with sores and patchy fur and 
complaints by employees of skin lesions and weight loss. Neither 
reports were confirmed by local health officials. Following the FIT 
investigation which included soil sampling, the Site was scored for NPL 
listing due to the potential for groundwater contamination and a 
concern for potential dermal contact should the soils be disturbed.
    Research to identify parties responsible for conditions at the Site 
was completed in June 1988. Potentially responsible owners, operators 
and generators were identified. Based on information gathered during 
this search and responses from information requests, special notice 
letters were sent out during January 1992.
III. Highlights of Community Participation
    U.S. EPA hosted a ``kick off'' public meeting on September 3, 1992 
at the Presbyterian Church located across the street from the Site. The 
purpose of the meeting was to inform the local residents of the 
Superfund process and the work to be conducted under the Remedial 
Investigation (RI). Thirty-nine people attended the meeting. Two RI 
update newsletters were issued to individuals on the Site specific 
mailing list in June 1993 and July 1995.
    Information repositories for the Site have been established at 
Hawthorn Community Center, 2440 West Ohio Street, Indianapolis IN and 
the offices of the Indiana Department of Environmental Management, 100 
N. Senate Avenue, N1255, Indianapolis, IN. The Administrative Record 
for the Site has been made available to the public at the U.S. EPA 
Docket Room in Region V and at the Hawthorn Community Center.
    The RI was released to the public in May 1995. The proposed plan 
was mailed July 28, 1995. A public meeting to discuss the remedial 
investigation and the proposed plan was held on August 10, 1995. 
Advertisements were placed in the Indiana Star/News and the West-Side 
Enterprise to announce the public meetings and comment period. Ten 
people attended the proposed plan meeting. The proposed plan was 
available for public comments from August 1, 1995 through August 30, 
1995.
    The public participation requirements of CERCLA Sections 
113(k)(2)(I-v) and 117 of CERCLA have been met in the remedy selection 
process. This decision document presents the selected remedial action 
for the CLL Company Superfund Site, chosen in accordance with CERCLA, 
as amended by SARA and, to the extent practicable, the NCP. The 
decision for this Site is based on the administrative record.
IV. Scope and Role of Operable Units
    U.S. EPA has determined that no further action is required at this 
Site. Because hazardous substances at concentrations above unacceptable 
risk levels will not remain at the Site, a five-year review will not be 
necessary.
V. Site Characteristics
    During the RI, sampling and analysis of groundwater and subsurface 
and surface soil occurred which allows a determination of Site 
conditions to be made. The investigation took place in two phases 
beginning in November 1992 and ending about one year later in September 
1993.
    During Phase I in November 1992, all surface and subsurface on-site 
soil samples were collected, five monitoring wells were installed and 
sampled and 15 of the 17 off-site soil samples were collected.
    Phase II, which occurred in June, August and September of 1993, 
consisted of two rounds of groundwater samples, 3 rounds of water level 
measurements and the collection of 2 additional off-site soil samples. 
A groundwater user survey was implemented during this time period as 
well. An ecological investigation of the Site was also conducted as 
part of Phase 2.
    Using the U.S. EPA risk assessment guidance and procedures, many 
contaminants found at the Site, including Semi-volatile Organic 
Compounds (SVOCs), Volatile Organic Compounds (VOCs), metals and 
cyanide were eliminated from further consideration primarily because 
on-site concentrations did not differ significantly from background, or 
off-site contaminant concentrations.
    The ecological investigation consisted of review of current 
literature to determine whether the area contained protected plants or 
animals or whether sensitive habitats existed in the area. A Site visit 
also took place.
    Based on the evaluation of Site conditions, U.S. EPA determined 
that there is no threat to human health and the environment through 
exposure by ingestion or direct contact with the pesticides/herbicides 
and PCBs found in the soils and groundwater on and near the Site. The 
effects of background contamination was not evaluated as part of this 
study. The following is a result of the findings.
    1. Physiography. The Site is located within the commercial and 
industrial center of the City of Indianapolis, central Marion County. 
The area is relatively flat and ranges in topographic relief from about 
745 feet above mean sea level measured 2.75 miles west of the Site to 
about 705 feet at the White River, which is 1 mile east. The Site is 
paved with asphalt except for the southeast corner, which is covered 
with compacted gravel. Drainage swells, formed by rail road track berms 
6 to 8 feet high, run parallel to the eastern and southern Site 
boundaries and collect surface run-off from the Site. The southeast 
corner is the lowest elevation point on the Site at an elevation of 691 
feet above mean sea level.
    2. Geology. An extensive sand and gravel outwash deposit exists 
under the Site. The outwash is composed of coarse-grained material 
deposited by glacial meltwater streams during the Wisconsian 
glaciation. Discontinuous silt and clay deposits are numerous. The 
outwash extends along the White River, Eagle Creek and Fall Creek and 
it is

[[Page 20788]]

about 6.5 miles wide from east to west. At the outer edges of the 
outwash, the deposits integrate with deposits of till. Sand and gravel 
deposits are discontinuous in the till plain. The thickness of the 
unconsolidated deposits in Marion County ranges from less than 15 feet 
to more than 300 feet. Within the vicinity of the Site, the bedrock 
beneath the outwash deposits consists of Silurian and Devonian age 
limestones and dolomites. Depth to bedrock is about 120 feet. West of 
the Site, Mississippian age shale separates the outwash deposits from 
the limestones and dolomites. The bedrock surface slopes gently to the 
west.
    The Site geology is characterized by a series of fill layers 
starting at about 12 inches below the ground surface This fill material 
varies across the Site but generally consists of sandy gravel and 
clayey silty sand with miscellaneous debris including bricks, concrete 
and wood. Some areas of the Site are filled with black dense sand 
similar to a foundry sand mixed with what appeared to be fly ash.
    3. Hydrology. There are two groundwater systems beneath the Site. 
The outwash deposits along the White River comprise the upper, 
unconfined aquifer. The thickness of the aquifer ranges from 30 to more 
than 80 feet. The limestone and dolomite formations comprise the 
uppermost bedrock aquifer. The average horizontal hydraulic 
conductivity is about 300 feet/day for the outwash aquifer and about 10 
feet/day for the bedrock aquifer. The hydraulic conductivity in the 
bedrock aquifer can be considerably greater in areas where solution 
channeling has occurred.
    Wells in the outwash aquifer have produced as much as 3,000 gallons 
per minute (gpm). Bedrock wells may yield 75 to 250 gpm. The bedrock is 
most productive in the upper 100 feet where it was once exposed to 
weathering elements and where the greatest amount of solution 
development has occurred.
    At the Site the unconfined, shallow water table was encountered at 
about 20 to 25 feet below ground surface. Typically, groundwater flows 
toward the southeast. Through the well users survey, a cone of 
depression was identified southeast of the Site. Most of the wells 
within 1 mile of the Site are used exclusively for manufacturing 
processes. Marion County depends on surface water for 92% of its 
drinking water supply, the remainder comes from groundwater. The use of 
groundwater to supplement drinking water is expected to increase to 19% 
by the year 2000.
    Groundwater elevations in Marion County range from about 830 feet 
in the northwestern portion of the county to less than 680 feet near 
the White River in the central portion of the county. Regional 
groundwater flow in the western half of Marion County is to the east-
southeast toward Eagle Creek and the White River. In eastern Marion 
County, groundwater flow is to the west-southwest toward Fall Creek and 
the White River.
    4. Contamination. a. Soils. SVOCs and heavy metals were detected in 
on-site soil at depths ranging from 4 to 8 feet below the ground 
surface. Several pesticides were also detected in on-site soil. The 
findings were similar to those resulting from FIT sampling. The 
concentration of SVOCs and metals in on-site soils were within the 
ranges previously found by the FIT and the distribution of SVOCs on-
site was consistent with the presence of red soil and with the black 
cinder fill material.
    b. Groundwater. Sampling of the groundwater identified low 
concentrations of some SVOCs including phenol, phenanthrene, di-n-
butylphthalate, pyrene, and bis(2-ethyl-hexyl)phthalate. These were 
found sporadically in groundwater samples. Low concentrations of 
arsenic and cyanide were detected in several Site ground-water 
monitoring wells during one sampling event. Low concentrations of 
beryllium were also detected in two sampling events.
    5. Ecological. The investigation determined that the area south of 
the Site by virtue of plant community composition and evidence of 
hydrology typical of wetlands, appeared to consist of palustrine 
emergent or scrub/shrub communities. Through research and observations 
during the Site visit, it was determined that this area is not a 
sensitive or high-value ecological habitat. Wildlife and plant 
communities are limited because of the urban nature of the area. During 
the Site visit gross evidence of adverse impacts on the plant and 
animal communities from the Site were not apparent.
VI. Summary of Site Risks
    Given that most of the contaminated soil on-site is either covered 
by asphalt or six inches of compacted gravel and soil, no worker or 
nearby residents are currently exposed to contaminants through 
inhalation of dust emissions.
    Volatilization of some contaminants to the air can pose a risk if 
present at the soil surface. Because contaminants on-site are covered 
as described above, volatilization is not considered a transport 
mechanism at this Site.
    The analytical results for SVOCs and metals for on-site and off-
site samples were evaluated using a statistical comparative analysis. 
It was verified statistically, that there is no significant difference 
between the SVOCs and the heavy metal concentrations found in on-site 
soils compared with those found in off-site soils. The Site is located 
in an area with many industries which may have contributed to the 
metals and PAHs found. These facts lead to the conclusion that the 
source of PAH and metals contamination are not solely attributable to 
the site. Based on this, PAHs and metals were not carried forward in 
the Site related risk evaluation. The berms surrounding the Site on the 
east and southern boundary are an effective barrier to overland flow of 
contaminants into surface water via Site run off. For this reason, the 
risk for the surface water pathway was determined to be negligible.
    During the analysis, infiltration of rainwater to groundwater was 
considered as a potential transport mechanism that could leach 
contaminants from deeper soils into the groundwater. The remedial 
investigation identified some Site characteristics that makes this 
unlikely. The soils are covered with compacted gravel and this 
decreases the amount of rain through infiltration. The soils underlying 
contaminants consist of clayey sands. Since contaminants tend to sorb 
more tightly to clay, contaminants are less likely to be released. In 
addition, a fate and transport analysis of the effects of the PAHs, 
arsenic and beryllium determined that groundwater does not appear to be 
threatened by Site contaminants. Based on these findings, it was 
determined that this pathway did not present an unacceptable risk.
    The contaminants of concern evaluated quantitatively for the Site 
include heptachlor and arochlor-1254 in on-site soils and alpha BHC and 
4,4'-DDT, both in groundwater.
    The risk assessment determined that the Site contaminants do not 
pose a significant risk to those who may come in contact with them. 
Risk was evaluated for on-site worker exposure and residential exposure 
as well. The risk to a hypothetical future worker exposed to on-site 
soil and groundwater was calculated. The calculated numbers are well 
below U.S. EPA's acceptable risk range. A reasonable future land use 
anticipates the land will continue to be used as commercial/industrial 
property. Notwithstanding this assumption, the same calculation is 
performed for the hypothetical on-site resident. The estimate of 
cumulative excess cancer risk is at the low end of U.S. EPA's 
acceptable risk range for exposure to

[[Page 20789]]

soils. For groundwater, the number is below the lower end of U.S. EPA's 
acceptable risk range.
    Given the above, the no action alternative was chosen since it has 
been demonstrated that the contamination found could not be attributed 
solely to CLL and the level of contamination attributable to the Site 
results in negligible risk. U.S. EPA issued its finding in the document 
Remedial Investigation Report dated May 1995. U.S. EPA executed a 
Record of Decision requiring no action on September 29, 1995. The State 
concurred with this ROD on October 13, 1995.
    U.S. EPA, with concurrence from the State of Indiana, has 
determined that all appropriate Fund-financed responses under CERCLA at 
the Carter Lee Lumber Company Superfund Site have been completed, and 
no further CERCLA response is appropriate in order to provide 
protection of human health and the environment. Therefore, U.S. EPA 
proposes to delete the site from the NPL.

    Dated: April 25, 1996.
Valdas V. Adamkus,
Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-11311 Filed 5-7-96; 8:45 am]
BILLING CODE 6560-50-P