[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53222-53226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21442]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-R04-SFUND-2010-0502; FRL-9194-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
publishing this direct final Notice of Deletion for the Powersville 
Site Superfund Site (Site), located in Peach County, Georgia, from the 
National Priorities List (NPL) and requests public comments on this 
proposed action. 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). The EPA and the 
State of Georgia, through the Georgia Environmental Protection Division 
(GAEPD), have 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 November 1, 2010 unless 
EPA receives adverse comments by September 30, 2010. 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-R04-
SFUND-2010-0502, by one of the following methods:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> Web site: http://www.epa.gov/region4/waste/sf/enforce.htm.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#5c3a3d2e2e35392e723e2e353d321c392c3d723b332a"><span class="__cf_email__" data-cfemail="5d3b3c2f2f34382f733f2f343c331d382d3c733a322b">[email protected]</span></a>.
    <bullet> Fax: (404) 562-8896, Attention: Brian Farrier.
    <bullet> Mail: Brian Farrier, Remedial Project Manager, Superfund 
Remedial Section C, Superfund Remedial Branch, Superfund Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    Hand Delivery: U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. 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-R04-SFUND-
2010-0502. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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 e-mail comment directly 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 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket

[[Page 53223]]

materials are available either electronically in http://www.regulations.gov or in hard copy at: U.S. EPA Record Center, attn: 
Ms. Debbie Jourdan, Atlanta Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960, Phone: (404) 562-8862, Hours 8 a.m.-4 
p.m., Monday through Friday by appointment only; or, Thomas Public 
Library, 315 Martin Luther King, Jr. Drive, Fort Valley, GA 31030, 
Phone: 478-825-1640, Hours 9 a.m.-6 p.m., Monday through Thursday, 9 
a.m.- 1 p.m. Friday, closed Saturday and Sunday.

FOR FURTHER INFORMATION CONTACT: Brian Farrier, Remedial Project 
Manager, Superfund Remedial Section C, Superfund Remedial Branch, 
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mr. Farrier can be 
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#482e293a3a212d3a662a3a212926082d3829662f273e"><span class="__cf_email__" data-cfemail="07616675756e62752965756e66694762776629606871">[email protected]</span></a>.

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 Powersville Site Superfund Site from the NPL. The NPL constitutes 
Appendix B of 40 CFR part 300 which is the NCP, which EPA promulgated 
pursuant to section 105 of the 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 the Section 
300.425(e)(3) of the NCP, Sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if conditions at a deleted Site 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective November 1, 2010 unless EPA 
receives adverse comments by September 30, 2010. 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 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 to delete sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the Powersville Site 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 (Hazardous Substance Superfund) 
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 Georgia before 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 GAEPD, 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, [Enter 
major local newspaper of general circulation]. 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 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

    Powersville Site Superfund Site, GA Hwy. 49 N., Powersville, 
Georgia 31074. EPA ID: GAD980496954.
    The Powersville Site, located on GA Hwy. 49 N. in Powersville, 
Georgia, occupies approximately 15 acres in a predominantly rural area. 
From the early 1940s to 1969, this landfill was a

[[Page 53224]]

borrow pit which provided sand and fill material to the county for 
local use. During 1969, Peach County began operation of a sanitary 
landfill receiving both municipal and industrial wastes. Disposal 
records indicate that pesticide manufacturing wastes were disposed in 
the landfill until 1978. In 1972, the State of Georgia suggested a 
separate area be maintained for pesticide wastes, which was done in 
1973. Disposal records indicate pesticide wastes were disposed in the 
municipal section of the landfill prior to June 1973 and in the 
hazardous waste area between June 1973 and 1978. Neither the quantity 
nor the location of the pesticide wastes in the municipal section of 
the landfill is known. The County closed the landfill in 1979. The 
primary contaminants of concern at the Site include, but are not 
limited to, vinyl chloride, 1,2-dichloroethane, lead, chromium, and 
pesticides. The Site was proposed for the NPL September 8, 1983 (48 FR 
40674) and finalized on the NPL October 15, 1984 (49 FR 40320).

Remedial Investigation, Feasibility Study (RI/FS)

    The Remedial Investigation (RI) and Feasibility Study (FS) were 
conducted between December 28, 1984 and September 30, 1987.
    Analytical results of the RI sampling indicated the presence of 
gamma-BHC, 1,2-dichloroethane, lead, chromium, and vinyl chloride in 
the groundwater beneath the Site; however, well-defined plumes did not 
exist. The pesticides gamma-BHC, dieldrin, chlordane, and toxaphene 
were also detected in the soil samples taken at the Site. Off-site soil 
samples were found to have no detectable chemical concentrations.
    The FS evaluated 13 alternatives including various combinations of 
capping for the landfill, incineration, solidification/stabilization, 
pump and treat of groundwater, and alternative water sources.

Selected Remedy

    EPA's Record of Decision (ROD) was signed on September 30, 1987, 
and the State of Georgia concurred with the selected remedy. The 
selected alternative included the following:
    <bullet> Surface cover systems for the hazardous waste and 
municipal landfill area;
    <bullet> Installation of a minimum of eight additional groundwater 
monitoring wells;
    <bullet> Provision of an alternative water supply for selected 
residents near site;
    <bullet> Imposition of on-site and off-site deed restrictions to 
prohibit specific actions; and
    <bullet> Development and implementation of an operation and 
maintenance (O&M) plan for the remedy.

The remedial objective for the Powersville Site was to eliminate 
potential health hazards due to the impact of gamma-BHC, vinyl 
chloride, 1,2-dichloroethane, lead, chromium, and toxaphene in the 
landfill.

Remedy Implementation

Remedy Component 1--Surface Cover
    A low permeability liner was installed over both the hazardous 
waste disposal area and the municipal waste disposal area. The 
municipal waste area liner consists of a 40 ml thick high density 
polyethylene (HDPE) liner. The hazardous waste area liner has an 
additional 0.25 inch thick bentonite liner. The liners are covered with 
1.5 feet of sandy soil for better drainage. Two feet of soil is then 
layered on top of the liner. A vegetative layer was then used to secure 
the soil cover. Terracing was used to alleviate the steepness of the 
slope to reduce erosional issues. Other grading was done to divert 
stormwater away from either landfill cover.
Remedy Component 2--Installation of Groundwater Monitoring Wells
    The groundwater monitoring system was designed to yield samples 
from the uppermost aquifer that are representative of the water that 
passes through the downgradient area of the landfill site. There were 
two existing wells. Seven more were added (6 downgradient, 1 
upgradient). These seven wells were installed during three separate 
field events and were intended to monitor the natural attenuation of 
contaminants in the groundwater.
Remedy Component 3--Alternate Water Source
    The alternate water supply system is owned and operated by the Fort 
Valley Utility Commission. The municipal water system was extended to 
include the properties possibly affected by the site. The Fort Valley 
Utility Commission conducts O & M on the water supply system.
Remedy Component 4--Institutional Controls
    On December 1, 1994 a Notation on Deed was filed on the landfill 
property. The notation states that the property is on Georgia's 
hazardous site inventory and has been designated as needing corrective 
action due to the presence of hazardous wastes, hazardous constituents, 
or hazardous substances. The site itself was required by the ROD to 
have deed restrictions placed upon it to prohibit the drilling of water 
wells and any activities that could cause damage to the remedy. In 
addition, properties between the Site and the unnamed tributary to Mule 
Creek were required by the ROD to have deed restrictions placed upon 
them to prohibit the drilling of water wells. The method for executing 
the deed restrictions was through restrictive covenant agreements. In 
1993, restrictive covenants were placed on six properties adjacent to 
the landfill prohibiting the drilling of water wells. On March 23, 
2010, a restrictive covenant was recorded for the landfill parcel. All 
institutional controls needed at the Site have been implemented.
Remedy Component 5--Operation & Maintenance Plan
    There are eight major tasks involved in the schedule for ordinary 
O&M activities. They are the following:
    <bullet> Groundwater Monitoring--The groundwater monitoring program 
consisted of quarterly monitoring from 1993 to 2005, with samples 
collected from monitoring wells MW2, MW7, MW20, MW21, MW22, MW23, MW24, 
MW25, and MW26. All samples were analyzed for Volatial Organic 
Compounds (VOC), pesticides, and metals. This activity has been 
discontinued.
    <bullet> Maintenance of Vegetation--Mowing of the covers and other 
vegetated site areas is conducted twice per year. Fertilization of the 
covers is conducted once per year. Lime may be added every four to six 
years to maintain a pH between 6 and 7.
    <bullet> Cover Settlement--Inspection and monitoring for cover 
settlement was conducted quarterly for the first two years then semi-
annually since that time.
    <bullet> Site Structure--The following structures are inspected 
quarterly: concrete channels, rip rap, fence and signs, drainage areas, 
benchmarks, gas vents, settlement monitoring stations, all guard posts, 
and cover drainage pipes cleanout ports. Repairs are performed as 
needed.
    <bullet> Gas Production Monitoring--Each gas vent is checked semi-
annually for the first two years and has been annually since that time.
    <bullet> Cost Estimate Updates--The cost estimate is updated 
annually.
    <bullet> Deed Restrictions--In 1993, restrictive covenants were 
placed on six properties adjacent to the landfill prohibiting the 
drilling of water wells. On March 23, 2010, a restrictive covenant was 
recorded for the landfill

[[Page 53225]]

parcel. All institutional controls needed at the Site have been 
implemented.
    <bullet> Deliverables--Regular reports are submitted to the O&M 
administrator, GEPD, and EPA.

Cleanup Goals

    The cleanup goals for soil and groundwater are shown on the 
following tables. The cleanup goals for surface water were considered 
to be the same as groundwater as implied by the ROD.

                     Cleanup Levels for Groundwater
------------------------------------------------------------------------
                                                           Revised EPA
             Contaminant                 ROD cleanup      cleanup goals
                                       goals ([mu]g/L)      ([mu]g/L)
------------------------------------------------------------------------
gamma-BHC...........................                 4                 4
vinyl chloride......................                 1                 2
1,2-dichloroethane..................                 5                 5
Lead................................                50                15
Chromium............................                50               100
Toxaphene...........................               N/A                 3
------------------------------------------------------------------------

    Nine groundwater monitoring wells were sampled quarterly from 1993 
until 2005 when groundwater contaminant levels reached the cleanup 
goals shown above. On July 19, 2006, GAEPD notified EPA that 
groundwater monitoring would be discontinued and requested EPA pursue 
deleting the Site from the NPL. The groundwater data from 2004 through 
2005 were below cleanup goals for 1,2-dichloroethane, lead, and 
chromium, except for one detection of chromium at 410 ug/L during the 
third quarter 2004 (EPA, 2008).

Operation and Maintenance

    As mentioned in Remedy Component 5, there are eight major tasks 
outlined as part of O&M. The county has assumed responsibility for 
implementing the ongoing components of the 1993 O&M plan.

Five-Year Reviews

    The first five-year review was completed in December 1997 and the 
second was completed in September 2003. These reviews concluded that 
the selected remedy remains protective of human health and the 
environment.
    The third statutory Five-Year Review was completed in September 
2008 pursuant to EPA's Comprehensive Five-Year Review Guidance (OSWER 
No. 9355.7-03B-P, June 2001). The Five-Year Review concluded that 
remedial actions at the Powersville Site Superfund Site are protective, 
in the short-term, of human health and the environment, and exposure 
pathways that could result in unacceptable risks are being controlled. 
However, in order for the remedy to be protective in the long term, it 
was determined that restrictive covenants were still needed on three 
parcels. Those parcels were the landfill, the Peach County parcel 
acquired from the Trustees of Powersville Lodge No. 134 located 
adjacent to the landfill, and parcel No. 043B 002 owned by Adele Hogan. 
The Trustees of Powersville Lodge No. 134 parcel has been combined with 
the landfill parcel and does not need a separate restrictive covenant. 
EPA has also determined that the Hogan parcel is not impacted by 
contaminated groundwater and therefore does not need a restrictive 
covenant. On March 23, 2010, a restrictive covenant was recorded for 
the landfill parcel in the Office of the Clerk, Superior Court, Peach 
County, Georgia, at Deed Book 438, pages 341-345. All institutional 
controls required at the Site have been implemented.
    Because hazardous materials remain at the Site inside the landfill 
above levels that allow for unlimited use and unrestricted exposure, 
Section 121 of CERCLA requires ongoing statutory review to be conducted 
no less than every five years from the start of remedial actions. The 
next Five-Year Review will be completed by August 2013.

Community Involvement

    Throughout the removal and remedial process, EPA has kept the 
public informed of the activities being conducted at the Site by way of 
public meetings, progress fact sheets, and the announcement through 
local newspaper advertisement on the availability of documents such as 
the RI/FS, Risk Assessment, ROD, Proposed Plan and Five-Year Reviews.
    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion From the 
NCP

    This Site meets all the Site completion requirements as specified 
in Office of Solid Waste and Emergency Response (OSWER) Directive 
9320.2-09-A-P, Close Out Procedures for National Priorities List Sites. 
Specifically, confirmatory sampling verifies that the Site has achieved 
the ROD cleanup standards, and that all cleanup actions specified in 
the ROD have been implemented. The only remaining activity to be 
performed is O&M that Peach County will conduct.

V. Deletion Action

    The EPA, with concurrence of the State of Georgia through the 
GAEPD, 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 November 1, 2010 unless EPA receives adverse comments by 
September 30, 2010. 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

[[Page 53226]]

requirements, Superfund, Water pollution control, Water supply.

    Dated: August 3, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

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.

0
2. Table 1 of Appendix B to part 300 is amended by removing 
``Powersville Site, Peach County, GA''.

[FR Doc. 2010-21442 Filed 8-30-10; 8:45 am]
BILLING CODE 6560-50-P


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