[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Notice of deletion, Bayou Sorrel superfund site.



      8. Pesticides and PCBs have been detected in channel catfish,
  crappie bass, * * *. Everybody in this area are consumers of the fish,
  crawfish, and wild game obtained in these waterways and woods. A
  fishing and hunting ban should be established in the area of the site.
      EPA is unaware of the alleged pesticide and polychlorinated
  biphenyls detections in the fish. Sampling results and data collected
  from supporting state agencies and EPA indicate otherwise. In addition,
  EPA does not establish hunting and fishing bans. Those actions are
  taken by state and local health agencies.
  ---
  
  [Federal Register: September 29, 1997 (Volume 62, Number 188)]
  [Rules and Regulations]
  [Page 50873-50875]
  >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
  [DOCID:fr29se97-9]
  
  -----------------------------------------------------------------------
  
  ENVIRONMENTAL PROTECTION AGENCY
  
  40 CFR Part 300
  
  [FRL-5898-7]
  
  
  National Oil and Hazardous Substance Pollution Contingency Plan
  National Priorities List Update
  
  AGENCY: Environmental Protection Agency.
  
  ACTION: Notice of deletion, Bayou Sorrel superfund site.
  
  -----------------------------------------------------------------------
  
  SUMMARY: The Environmental Protection Agency (EPA) announces the
  deletion of the Bayou Sorrel Superfund Site, located in Bayou Sorrel,
  Iberville Parish, Louisiana, from the National Priorities List (NPL).
  The NPL, promulgated pursuant to section 105 of the Comprehensive
  Environmental Response, Compensation, and Liability Act (CERCLA) of
  1980, as amended, constitutes Appendix B of 40 CFR part 300, which is
  the National Oil and Hazardous Substances Pollution Contingency Plan
  (NCP). This action is being taken by EPA and the State of Louisiana
  because it has been determined that all appropriate response actions
  have been implemented and remedial actions conducted at the site to
  date remain protective of public health, welfare, and the environment.
  
  EFFECTIVE DATE: September 29, 1997.
  
  ADDRESSES: Comprehensive information on the Site is available through
  the public docket which is available for viewing at the Bayou Sorrel
  Superfund Site information repositories at the following locations:
  U.S. EPA Region 6 Library (12th Floor), 1445 Ross Avenue, Dallas, Texas
  75202-2733, (214) 665-6424 / 665-6427; Louisiana Department of
  Environmental Quality, 7290 Bluebonnet Road, Baton Rouge, Louisiana
  70809, (504) 765-0487; Police Jury of Iberville Parish, 510 Meriam,
  Plaquemine, LA 70765, (504) 687-5190; Iberville Parish Library, 1501 J.
  Gerald Berret Blvd., Plaquemine, LA 70765, (504) 687-2520.
  
  FOR FURTHER INFORMATION CONTACT: Stephen L. Tzhone, Remedial Project
  Manager (6SF-LP), U.S. Environmental Protection Agency, Region 6, 1445
  Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8409.
  
  SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is:
  Bayou Sorrel Superfund Site, Bayou Sorrel, Iberville Parish, Louisiana.
  A Notice of Intent to Delete for this site was published on June 4,
  1997 (62 FR 30554). The closing date for comments on the Notice of
  Intent to Delete was July 3, 1997. EPA received comments during and
  after the public comment period. All accepted comments, including those
  received after the comment period, and the responses by EPA have been
  included in the Responsiveness Summary (Appendix 1).
      EPA identifies sites that appear to present significant risk to
  public health, welfare, or the environment and it maintains the NPL as
  the list of those
  
  [[Page 50874]]
  
  sites. Any site deleted from the NPL remains eligible for Fund-financed
  remedial actions in the unlikely event that conditions at the site
  warrant such action in the future; Sec. 300.425(2)(3) of the NCP.
  Deletion of a site from the NPL does not affect responsible party
  liability or impede agency efforts to recover costs associated with
  response efforts.
  
  List of Subjects in 40 CFR Part 300
  
      Environmental protection, Air pollution control, Chemicals,
  Hazardous Waste, Hazardous substances, Intergovernmental relations,
  Penalties, Reporting and recordkeeping requirements, Superfund, Water
  Pollution control, Water supply.
  
      Dated: September 18, 1997.
  Myron O. Knudson,
  Acting Regional Administrator, U.S. EPA Region 6.
  
      For the reasons set out in the preamble, 40 CFR part 300 is amended
  as follows:
  
  PART 300--[AMENDED]
  
      1. The authority citation for part 300 continues to read as
  follows:
  
      Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
  12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
  2923; 3 CFR, 1987 Comp., p. 193.
  
  Appendix B--[Amended]
  
      2. Table 1 of Appendix B to part 300 is amended by removing the
  site ``Bayou Sorrel Site, Bayou Sorrel, Louisiana.''
  
      Note: The following appendix will not appear in the Code of
  Federal Regulations.
  
  Appendix 1--Responsiveness Summary, Bayou Sorrel Superfund Site, Bayou
  Sorrel, Iberville Parish, Louisiana
  
      The Responsiveness Summary has been prepared to provide written
  responses to comments submitted regarding the Notice of Intent to
  Delete (62 FR 30554) for the Bayou Sorrel Superfund Site. All accepted
  comments are presented in the original, submitted format to the extent
  possible, with similar comments combined.
      1. I support the decision to delete the Bayou Sorrel Superfund Site
  from the NPL.
      EPA appreciates all public support and input for its decisions. The
  concerns of the community are a top priority in finalizing any actions
  taken by the agency. The decision to delete the Bayou Sorrel Superfund
  Site from the National Priorities List was only considered after all
  remedial activities have been completed and concurrence given by the
  State of Louisiana.
      2. The people of the Bayou Sorrel area were not made aware of the
  pollution in the waterways, fish, crawfish, and wildlife. The Bayou
  Sorrel area residents were never informed of the dangers caused by the
  migration of toxic wastes from the Bayou Sorrel Superfund Site.
      EPA has attempted in every possible way to share information on the
  Bayou Sorrel Superfund Site with area residents and communities. A
  Community Relations Plan (June 1984, revised July 1990) was developed
  with the help of area residents and many factsheets have been mailed
  out to interested citizens, congressional representatives, and the
  media. A public meeting was also held in January 1986 to discuss the
  cleanup remedy for the Bayou Sorrel Superfund Site. Supporting
  documentation concerning EPA action at the Bayou Sorrel Superfund Site
  can be found at the Iberville Parish Library, where a repository has
  been set up for the public.
      3. ERM Southwest, Inc. discovered the pollution in 1984. We are not
  being advised of the results of monitor wells overseen by ERM
  Southwest, Inc., or the Louisiana Department of Environmental Quality.
      ERM Southwest, Inc. is a company contracted out by the Bayou Sorrel
  Steering Committee for technical activities concerning the Bayou Sorrel
  Superfund Site. Sampling results from the monitoring wells are reviewed
  by both EPA and the State of Louisiana. These results currently do not
  suggest significant risk to public health or the environment. Data and
  results are available for public review at the information
  repositories.
      4. On February 1994, President Clinton directed federal agencies to
  make sure minorities and the poor aren't disproportionately exposed to
  pollution and other environmental dangers. We feel that an
  environmental injustice is being done to our communities. We would
  welcome an investigation of these injustices in the very near future.
  Our civil rights are being violated.
      EPA is very interested in any environmental justice issues
  concerning unfair biases of pollution exposure toward minorities and
  the poor. At the Bayou Sorrel Superfund Site, EPA has taken civil
  actions against responsible parties and implemented site remedial
  activities with cooperation from the responsible parties. However, if
  further actions pertaining to environmental justice are warranted, the
  Environmental Justice National Hotline at 1-800-962-6215, is available
  for the community to request an investigation into this matter.
      5. The cap and slurry walls are not adequate to protect the
  environment. The clay can crack and leak, and the slurry walls can do
  the same. The leaking wastes will contaminate the crawfish, fish,
  rabbits and other animals/biota in the area that people consume for
  food (not just in the area, but all over the country). The clay can't
  be trusted to contain the wastes.
      The integrity of the cap, slurry walls, and the underlying clay
  geology ensures that no leakage of the contained wastes can occur. Data
  collected from the continued monitoring of groundwater demonstrate that
  no significant risk to public health or the environment is posed by the
  hazardous materials remaining within the cap. The Bayou Sorrel
  Superfund Site is currently under an Operations & Maintenance plan
  which calls for water sampling from the monitoring wells and engineer
  inspections of the cap and site. Based on results from all these
  activities to date, and the public health consultation by the Agency
  for Toxic Substances and Disease Registry, EPA verifies the implemented
  site remedy is protective of human health and the environment.
      6. Water wells aren't being tested--how do we know that chemicals
  from the site aren't leaching into residents' drinking water?
      Data from the monitoring wells surrounding the capped areas would
  immediately reveal if structural integrity had been breached and wastes
  were leaching out. The sampling results from these monitoring wells
  have indicated that the cap and slurry walls are operational as
  planned. Also, in August 1993, the Louisiana Office of Public Health
  conducted a private well survey in the Bayou Sorrel vicinity to
  determine if shallow groundwater in the area had been contaminated.
  Most of the private wells that were used near the site in the early
  1980's have been abandoned and are no longer in use except for one
  private well located in the town of Bayou Sorrel on Bayou Sorrel Road.
  A water sample from this well was analyzed for volatile organic
  compounds and metals including arsenic. No volatile organic compounds
  or metals were detected in the private well water. Municipal water for
  the town of Bayou Sorrel is supplied by the Iberville Parish Waterworks
  <SUP><greek-i></SUP>3 which draws water out of the Intracoastal
  Waterway near the confluence with the Upper Grand River near Jack
  Miller's Landing. This new water system has been inspected and surveyed
  during the first year of operation and meets all Federal regulations
  for primary drinking
  
  [[Page 50875]]
  
  water standards. Additional information can be found in the Health
  Consultation by the Agency for Toxic Substances and Disease Registry,
  dated May 8, 1995.
      7. No one has ever followed up ``on anything'' at the site--only
  one rabbit and one fish were tested during the cleanup. How do we know
  that animals and fish aren't still being contaminated? Is animal/biota
  testing still taking place?
      Seventy-five fish samples were taken in the area near the site and
  analyzed for polychlorinated biphenyls, pesticides, volatile organic
  compounds, and metals, including arsenic, mercury, and thallium. The
  samples were collected by the Louisiana Department of Environmental
  Quality and Louisiana Office of Public Health in June and July of 1993.
  No elevated levels of polychlorinated biphenyls and pesticides were
  detected in the fish. No volatile organic compounds were detected in
  the fish, either. Additional information can be found in the Health
  Consultation by the Agency for Toxic Substances and Disease Registry,
  dated May 8, 1995.
      8. Pesticides and PCBs have been detected in channel catfish,
  crappie bass, * * *. Everybody in this area are consumers of the fish,
  crawfish, and wild game obtained in these waterways and woods. A
  fishing and hunting ban should be established in the area of the site.
      EPA is unaware of the alleged pesticide and polychlorinated
  biphenyls detections in the fish. Sampling results and data collected
  from supporting state agencies and EPA indicate otherwise. In addition,
  EPA does not establish hunting and fishing bans. Those actions are
  taken by state and local health agencies.
      9. The site should be fenced and clearly marked as a hazard--
  establish institutional controls.
      Installation of fences around all capped areas to restrict access
  has been in place since the remedial construction activities were
  completed. The fences are inspected and maintained as part of the
  ongoing Operations & Maintenance site activities. Institutional
  controls such as deed restrictions were established along with posting
  of warning signs on all fenced areas. The gravel roads around the
  fenced areas allow for continued recreational use of adjacent lands and
  the borrow lake while diverting traffic around and away from the capped
  areas.
      10. The site is adding to the overall pollution of the area--such
  as the ``illegal'' injection well in Bayou Sorrel. The permit for that
  well should have never been renewed--that well is ``illegal.''
      The permits for injection wells in Louisiana are given by the
  Louisiana Department of Natural Resources and checked for federal
  regulations compliance by EPA. The permitted, legal injection well
  within Bayou Sorrel currently meets all federal standards and has
  satisfactorily passed state inspections.
      11. The community unanimously objected to the cap/containment
  remedy for this site, but EPA, the State and the industries that
  polluted the site went ahead and did what they wanted to anyway. Has
  the public ever ``gotten their wishes'' when it comes to Superfund
  cleanups or permits? Or can someone high up in EPA tell them that the
  ``fix is already in'' so we can stop wasting our time commenting on
  things that have already been decided?
      EPA encourages the community to participate at all points during
  the Superfund process. EPA invited the community to participate in
  selecting the remedy for the Bayou Sorrel Superfund Site during the
  Record of Decision phase in 1986. At that time, the community raised a
  number of questions and concerns regarding remediation of the site.
  These comments can be found in the Record of Decision dated November
  14, 1986. As a result of the community's input and other
  considerations, the cap/containment remedy for the Bayou Sorrel
  Superfund Site was selected as the best alternative after evaluating
  performance, reliability, engineering implementability, public health
  and welfare, environmental impacts, institutional factors, and costs.
      EPA solicited and reviewed comments regarding its intent to delete
  the Bayou Sorrel Superfund Site from the National Priorities List. The
  decision to delete any Superfund site from the National Priorities List
  is not final until EPA has extended an opportunity to the public to
  comment on the proposed action. At this time, EPA has decided to move
  forward with its decision to delete the Bayou Sorrel Superfund Site
  from the National Priorities List, but only after careful consideration
  and response to all public comments. EPA has also established a
  Superfund Ombudsman position to address any concerns from the public on
  the Superfund process. Please feel free to contact the EPA Region 6
  Superfund Ombudsman at 1-800-533-3508, to share any concerns which were
  not resolved to your satisfaction.
  
  [FR Doc. 97-25653 Filed 9-26-97; 8:45 am]
  BILLING CODE 6560-50-P
  
  ------------------------------