[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Rules and Regulations]
[Page 35813-35816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn06-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-R04-SFUND-2006-0228; FRL-8188-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final notice of deletion of Davie Landfill Superfund
Site from the National Priorities list.
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SUMMARY: EPA Region 4 is publishing a direct final notice of deletion
of the Davie Landfill, Superfund Site (Site), located in Davie,
Florida, from the National Priorities List (NPL). The NPL, promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended, is
appendix B of 40 CFR part 300, which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). This direct final notice
of deletion is being published by EPA with the concurrence of the State
of Florida, through the Florida Department of Environmental Protection
(FDEP) because EPA has determined that all appropriate response actions
under CERCLA have been completed and, therefore, further remedial
action pursuant to CERCLA is not appropriate.
DATES: This direct final notice is effective August 21, 2006 without
further notice, unless EPA receives adverse comment by July 24, 2006.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final notice in the Federal Register and inform the public
that the notice will not take effect.
ADDRESSES: Submit your comments, identified by EPA-R04-SFUND-2006-0228,
by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: martin.scott@epa.gov
3. Fax: (404) 562-8896.
4. Mail: ``EPA-R04-SFUND-2006-0228'', Superfund Remedial Section C,
Superfund Remedial & Technical Services Branch, Waste Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Scott M. Martin, Remedial Project
Manager, Superfund Remedial Section C, Superfund Remedial & Technical
Services Branch, Waste Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
Instructions: Direct your comments to EPA-R04-SFUND-2006-0228.
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 through http://www.regulations.gov
or e-mail, information that you consider to be CBI or otherwise
protected. 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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.
[[Page 35814]]
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Superfund Remedial
Section C, Superfund Remedial & Technical Services Branch, Waste
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding legal holidays.
Comprehensive information on this Site is available through the
Region 4 public docket, which is available for viewing at the Davie
Landfill Site information repositories at two locations. Locations,
contacts, phone numbers and viewing hours are:
Davie Landfill Site Repository, Broward County Main Public Library,
100 S. Andrews Ave., Level 5, Ft. Lauderdale, Florida 33301.
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. to 4 p.m., Monday through Friday by
appointment only.
FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Remedial Project
Manager, Superfund Remedial Section C, Superfund Remedial & Technical
Services Branch, Waste Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-8916. Mr. Martin can also
be reached via electronic mail at martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 4 is publishing this direct final notice of deletion of
the Davie Landfill Superfund Site from the NPL.
The EPA identifies Sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those Sites. As described in the Section 300.425(e)(3) of the NCP,
Sites deleted from the NPL remain eligible for remedial actions if
conditions at a deleted Site warrant such action.
Section II of this document explains the criteria for deleting
Sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Davie Landfill 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
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a Site from the NPL, EPA shall 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.
Even if a Site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted Site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the Site
be conducted at least every five years after the initiation of the
remedial action at the deleted Site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. 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) The EPA consulted with the State of Florida on the deletion of
the Site from the NPL prior to developing this direct final notice of
deletion.
(2) Florida concurred with 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 published today in the ``Proposed Rules'' section of
the Federal Register is being published in a major local newspaper of
general circulation at or near the Site and is being distributed to
appropriate federal, state, and local government officials and other
interested parties; 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 deletion in
the Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document, 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 Location
Davie Landfill Superfund Site, 4001 SW. 142nd Avenue, Broward
County, Davie, Florida 33314. EPA ID: FLD980602288.
Site History
The Davie Landfill Site, located at 4001 SW. 142nd Avenue in Davie,
Florida, is a 209 acre parcel of land that includes a 48 acre Class I
landfill (north mound) and a 68 acre Class III landfill (south mound).
The Site is situated in an area that previously has been mainly rural
and agricultural but is quickly being developed into a residential
area. The landfill began operation in 1964 with the startup of the
county's garbage incinerator. Ash from the incinerator, construction
debris, and demolition debris, were placed in the landfill. In 1975,
the incinerator was closed because its emissions failed to meet new air
regulations. At that time, a sanitary landfill was constructed for
disposal of municipal solid waste. The sanitary landfill also accepted
construction
[[Page 35815]]
debris, tires, and other wastes. Between 1971 and 1981, a basin area at
the landfill was used for the disposal of grease trap material, septic
tank sludge and treated municipal sludge. The Site was proposed for the
NPL on December 30, 1982. A portion of the Site (approximately 160
acres) was converted to a Broward County regional park, known as Vista
View Park, which opened to the public on July 12, 2003.
Remedial Investigation and Feasibility Study (RI/FS)
Operable Unit (OU) 1
The initial Remedial Investigation (RI) was conducted between
January 1983 and September 1985, and focused mainly on the sludge
disposal area. The RI report confirmed that cyanide and sulfide were
present in the sludge in the basin area. All landfill activities ceased
in December 1987, and Broward County began the closeout of the
landfill. EPA then released a Feasibility Study (FS) which concluded
that the Site could pose a potential health threat to the public
through dermal contact with the contaminated soil in the sludge
disposal area. No activities using removal authority were conducted at
this Site.
Operable Unit 2
In 1988, the Broward County Public Health Unit found vinyl chloride
contamination in private wells south of the Site. In the early 1990's,
further sampling by Broward County confirmed that vinyl chloride and
antimony had contaminated the groundwater in the area. Therefore,
another RI was conducted at the Site between March 1992 and August
1994. Antimony and vinyl chloride were detected at levels above their
respective drinking water standards. The final RI report summarized all
Site analyses results. EPA released an FS which concluded that the Site
could pose a potential health threat to the public through ingestion of
groundwater contaminated with antimony and vinyl chloride. The FS
provided a detailed analysis of monitored natural attenuation and pump
and treat remedial alternatives.
Record of Decision Findings
Operable Unit 1
On September 30, 1985, EPA issued a Record of Decision (ROD) which
selected excavation of all contaminated soil in the sludge disposal
area, on-Site treatment of the contaminated soil via stabilization, and
then disposal of the stabilized soil in Cell Number 14 of the landfill.
Operable Unit 2
On August 11, 1994, EPA issued a ROD which selected monitored
natural attenuation to address the antimony and vinyl chloride
contamination in the groundwater. In addition, the ROD required the
monitoring of area residential wells to determine the impact of Site
related groundwater contamination and the extension of public water
supply connections to residents whose private wells had been impacted.
The State of Florida's drinking water standards for antimony and vinyl
chloride were selected as the cleanup standards.
Response Actions
Operable Unit 1
On June 30, 1988, a Cooperative Agreement was awarded to the
Broward County Board of Commissioners for partial funding of the
remediation of the sludge lagoon portion of the Site. Pursuant to the
ROD and the Cooperative Agreement, Broward County performed the
remediation of the sludge lagoon, which was completed in July 1989.
The excavation, dewatering and stabilization of the lagoon sludge
began on April 15, 1989. Dry and wet sludge materials were mixed to
create a uniform mixture for stabilization. Type I Portland cement was
then added to the mixture, as necessary, to stabilize the material and
to remove any remaining free moisture. The stabilized material was
loaded onto dump trucks and hauled to Cell Number 14 of the sanitary
landfill for disposal. A total of 82,158 cubic yards of sludge were
excavated, stabilized and disposed. Sludge was also encountered and
removed from the eastern slope of the trash landfill and the dike areas
and concrete off-loading ramp associated with the sludge lagoon. Sludge
removal and stabilization activities were completed in May 1989.
Excavation of unsuitable material around the sludge lagoon was
performed concurrently with the sludge excavation activities. These
materials included trash, construction materials and other debris used
in the construction of the dike surrounding the sludge lagoon. A total
of 57,626 cubic yards of unsuitable material were excavated from the
area. These materials were disposed of in either Cell Number 14 or the
sanitary landfill or the trash landfill, as required. Excavation of the
unsuitable material was completed in July 1989.
Final grading of the sludge lagoon occurred in June 1989. This
included the creation of a water channel connecting the newly excavated
nature pond (former sludge lagoon) and Borrow Pit Number 2. The nature
pond was created during the excavation and removal of the foundation
material. Based on the satisfactory analytical results of compoSite
surface water samples collected from the newly constructed nature pond,
excavation of the connecting channel between the new nature pond and
Borrow Pit Number 2 was completed in July 1989.
Construction of the final cover for Cell Number 14 of the sanitary
landfill began on July 25, 1989, and was completed on August 8, 1989. A
total of 31,969 tons of limerock were used as landfill cover material.
Two lifts of material, 1-foot thick, were spread and compacted to an
in-place density of at least 98%. The final cover was sloped at a 2%
grade towards the southwest corner of the sanitary landfill.
Operable Unit 2
In 1988, Broward County extended public water lines to the area of
Sunshine Ranches between Griffin Road and Palomino Drive (north and
south boundaries) and between Volunteer Road and Hancock Road (west and
east boundaries). In 1994, the water line was extended 300 feet east of
Hancock Road on East Palomino Drive.
EPA determined that the groundwater sampling data collected as part
of the FDEP landfill closure permit would provide all information
necessary to monitor the progress of natural attenuation. This required
the semiannual monitoring of seven groundwater monitoring well
clusters. Therefore, because execution of the remedial design for
groundwater did not require any major construction activities, the
remedial action at the Site was determined to be operational and
functional on October 18, 1995.
Cleanup Standards
Operable Unit 1
As part of the 1985 ROD, residual soil cleanup goals were
established for lead, chromium, cadmium, arsenic and mercury. In May
1989, thirty-nine foundation material samples from seven sampling Sites
were obtained and submitted for analysis to determine the effectiveness
of the sludge lagoon cleanup activities. The result of the analysis
indicated that all but two sample locations revealed concentrations
below the soil cleanup goals. The two said sample locations revealed
marginal exceedances of the soil cleanup goals for arsenic. The areas
surrounding these sampling locations were further excavated. Surface
scraping of the lagoon area was performed along
[[Page 35816]]
with the excavation of the foundation materials. A total of 23,400
cubic yards of material were excavated and disposed of in Cell Number
14 of the sanitary landfill. These activities were completed in June
1989.
Operable Unit 2
The natural attenuation monitoring plan required the semiannual
monitoring of seven groundwater monitoring well clusters. The ROD
requires one year of meeting cleanup standards to demonstrate
completion. From September 2000 until September 2003, groundwater data
indicated that groundwater cleanup standards for vinyl chloride and
antimony had been achieved.
Operation and Maintenance
Broward County will conduct all the Operation and Maintenance (O&M)
activities at the Site. Since the Site is an officially closed
landfill, the operation and maintenance requirements of the Post-
Closure landfill closure permit will require the continued monitoring
of the seven groundwater monitoring well clusters, maintenance of the
landfill cover, stormwater/surface water management, biweekly
inspection of the leachate liner, and maintenance of the sanitary
landfill gas collection and control system. Additionally, the Site has
been converted into a Broward County park and will be maintained
accordingly. The current estimated annual operations and maintenance
cost is $250,000.
Five-Year Review
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 specified in both the OU1 and OU2 RODs, and
that all cleanup actions specified in the ROD have been implemented.
The only remaining activity to be performed is O&M that Broward County
will conduct.
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
first five-year review was conducted in March 1994, and the second was
conducted in May 2000. These reviews concluded that the selected remedy
remains protective of human health and the environment.
Community Involvement
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.
All basic requirements for public participation under CERCLA were
met in both remedy selection processes. Because the Site is located in
a residential area, community relations activities were focused on
communication between the residents in the affected community and the
government agencies. Special attention was directed toward keeping the
community informed of all study results. Meetings were held with the
Town of Davie officials and availability sessions were held with the
community. Because the area is rapidly changing from small horse farms
and agricultural to more high density residential, EPA continues to
provide active community relations by publishing fact sheets and
answering calls and e-mails from people who are considering purchasing
a new home in the area.
V. Deletion Action
The EPA, with concurrence of the State of Florida, has determined
that all appropriate responses under CERCLA have been completed, and
that no further response actions, under CERCLA, other than O&M and
five-year reviews, are necessary. 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 August 21, 2006 unless EPA receives adverse comments by
July 24, 2006. 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 and, 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, Chemicals, Hazardous waste, Hazardous
substances, Superfund, Water pollution control, Water supply.
Dated: June 8, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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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.
Appendix B--[Amended]
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2. Table 1 of Appendix B to part 300 is amended by removing the Site
Davie Landfill, Davie, Florida.
[FR Doc. 06-5595 Filed 6-21-06; 8:45 am]
BILLING CODE 6560-50-P