[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]
[Page 46171-46175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-8456-1]
National Oil and Hazardous Substance Pollution Contingency Plan
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice for partial deletion of the RSR Corporation
Superfund Site, Operable Unit No. 4 and Subarea 1 of Operable Unit No.
5 from the National Priorities List.
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SUMMARY: The United States Environmental Protection Agency (EPA) Region
6 is publishing a direct final notice for partial deletion of the RSR
Corporation Superfund Site (RSR Site), Operable Unit (OU) No. 4 and
Subarea 1 of Operable Unit (OU) No. 5, located in Dallas, Dallas
County, Texas, from the National Priorities List (NPL). This partial
deletion does not include OU No. 1, OU No. 2, OU No. 3 or Subareas 2,
3, and 4 of OU NO. 5. The partial deletion for OU No. 4 and Subarea 1
of OU No. 5 came at the request of a developer to help facilitate the
purchase of these properties. The EPA plans to delete the other
operable units and areas of the RSR Superfund Site in 2008. 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 for partial deletion is being published by the EPA with
the concurrence of the State of Texas, through the Texas Commission on
Environmental Quality (TCEQ), because the EPA has determined that all
appropriate response actions under CERCLA have been completed and,
therefore, further remedial action pursuant to CERCLA is not
appropriate for OU No. 4 and Subarea 1 of OU No. 5.
DATES: This direct final notice for partial deletion will be effective
October 16, 2007 unless the EPA receives adverse comments by September
17, 2007. If adverse comments are received, the EPA will publish a
timely withdrawal of the direct final notice of partial deletion in the
Federal Register informing the public that the partial deletion will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1995-0005, Notice Phase-1, by one of the following methods:
http://www.regulations.gov: Follow the on-line instruction for
submitting comments.
E-mail: mail to coates.janetta@epa.gov.
Fax: 214-665-6660
Mail: Janetta Coats, Community Involvement Coordinator, U.S. EPA
Region 6 (6SF-PO), 1445 Ross Avenue, Dallas, TX 75202-2733, (214) 665-
7308 or 1-800-533-3508.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1995-0005, Notice Phase-1. The EPA's policy is that all comments
received will be included in the public docket without change and may
be 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 the 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 the
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, the 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 the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the 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 hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the information
repositories.
[[Page 46172]]
Information Repositories: Comprehensive information about the Site
is available for viewing and copying during central standard time at
the Site information repositories located at: U.S. EPA Region 6
Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-
2733, (214) 665-6424, Monday through Friday 9 a.m. to 12 p.m. and 1
p.m. to 4 p.m.; Dallas West Branch Library, 2332 Singleton Boulevard,
Dallas, Texas 75212, (214) 670-6445, Monday, Tuesday, and Thursday 10
a.m. to 9 p.m.; Wednesday and Saturday 10 a.m. to 5 p.m.; Texas
Commission on Environmental Quality (TCEQ), Central File Room Customer
Service Center, Building E, 12100 Park 35 Circle, Austin, Texas 78753,
(512) 239-2900, Monday through Friday 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Carlos A. Sanchez, Remedial Project
Manager (RPM), U.S. EPA Region 6 (6SF-R), 1445 Ross Avenue, Dallas, TX
75202-2733, (214) 665-8507 or 1-800-533-3508 (sanchez.carlos@epa.gov).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Partial Deletion
V. Partial Deletion Action
I. Introduction
The EPA Region 6 office is publishing this direct final notice for
partial deletion of the RSR Corporation Superfund Site, OU No. 4 and
Subarea 1 of OU No. 5 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 Sec. 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.
Because the EPA considers this action to be noncontroversial and
routine for these RSR operable units, the EPA is taking it without
prior publication of a notice of intent to partial delete. This action
will be effective October 16, 2007 unless the EPA receives adverse
comments by September 17, 2007 on this document. If adverse comments
are received within the 30-day public comment period on this document,
the EPA will publish a timely withdrawal of this direct final notice
for partial deletion before the effective date of the partial deletion
and the partial deletion will not take effect. The EPA will, as
appropriate, prepare a response to comments and continue with the
partial deletion process on the basis of the notice of intent to
partial delete and the comments already received. There will be no
additional opportunity to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that the EPA is
using for this action. Section IV discusses the RSR Corporation
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses the EPA's action to delete OU No. 4 and Subarea 1
of OU No. 5 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 to protect human
health or the environment. In making such a determination pursuant to
Sec. 300.425(e), EPA will consider, in consultation with the State,
whether any of the following criteria have been met:
i. Section 300.425(e)(1)(i). Responsible parties or other persons
have implemented all appropriate response actions required; or
ii. Section 300.425(e)(1)(ii). All appropriate Fund-financed
(Hazardous Substance Superfund Response Trust Fund) response under
CERCLA has been implemented, and no further response action by
responsible parties is appropriate; or,
iii. Section 300.425(e)(1)(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.
Deletion of a portion of a site from the NPL does not preclude
eligibility for subsequent Fund-financed actions at the area deleted if
future site conditions warrant such actions. Section 300.425(e)(3) of
the NCP provides that Fund-finances actions may be taken at sites that
have been deleted from the NPL. A partial deletion of a site from the
NPL does not affect or impede EPA's ability to conduct CERCLA response
activities at areas not deleted and remaining on the NPL. In addition,
deletion of a portion of site from the NPL does not affect the
liability of responsible parties or impede agency efforts to recover
costs associated with response efforts.
III. Deletion Procedures
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any person's rights or obligations. The NPL is
designed primarily for informational purposes and to assist Agency
management.
The following procedures apply to deletion of OU No. 4 and Subarea
1 of OU No. 5:
(1) The EPA has recommended the partial deletion and has prepared
the relevant documents.
(2) The State of Texas through the Texas Commission on
Environmental Quality concurs with the partial deletion of the RSR Site
from the NPL.
(3) Concurrently with the publication of this direct final notice
for partial deletion, a notice of the availability of the parallel
notice of intent for partial deletion 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 RSR 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 for
partial deletion the RSR Site from the NPL.
(4) The EPA placed copies of documents supporting the partial
deletion in the Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document, the EPA will publish a timely notice
of withdrawal of this direct final notice for partial deletion before
its effective date and will prepare a response to comments and continue
with the partial deletion process on the basis of the notice of intent
for partial deletion and the comments already received.
IV. Basis for Partial Deletion
The following information provides the EPA's rationale for partial
deletion of the RSR Site from the NPL. This partial deletion only
includes OU No. 4 and Subarea 1 of OU No. 5. Figures, with coordinates,
of the areas to be deleted will be made available at the Site
information repositories and included with the deletion docket.
Deletion of these areas of the RSR Site was requested by a developer to
help facilitate the purchase of these properties. Cleanup activities
have been completed for the other operable units and areas of the RSR
Site. However, institutional controls are needed for OU No. 3 before
the rest of the RSR Site can be deleted from the NPL. Plans are to have
the institutional controls in place and to delete the other operable
units and areas of the RSR Site in 2008.
[[Page 46173]]
Site Location
The RSR Site is located in west Dallas, Texas and encompasses an
area approximately 13.6 square miles in size. The RSR Site is very
diverse and includes large single and multi-family residential
neighborhoods, multi-family public housing areas and some industrial,
commercial and retail establishments. The population in this area is
more than 17,000. The RSR site consists of five operable units (OUs);
OU No. 1--Residential Properties.
OU No. 2--Dallas Housing Authority Property.
OU No. 3--Landfills/Slag Piles.
OU No. 4--Smelter Facility.
OU No. 5--Battery Breaking Facility/Other Industrial
Property.
Site History
For approximately 50 years from the 1930s to 1984, a secondary lead
smelting facility (OU No. 4), located at the southeast corner of the
intersection of Westmoreland Road and Singleton Boulevard, processed
used batteries and other lead-bearing materials into pure lead, lead
alloys, and other lead products. The basic inputs into the smelting
process were lead scrap and lead from used car batteries. In the first
step of the smelting process the batteries were disassembled at the
battery wrecking facility (OU No. 5) using hammer-mills to break the
batteries into small pieces (e.g., battery chips). The lead posts and
grids were then sent across the street to the smelter facility (OU No.
4) to produce soft pure lead or specialty alloys. In the refining
process alloy elements, such as antimony, arsenic, and cadmium, were
added as necessary to produce the desired product. Slag was generated
as part of the smelting process and is made up of oxidized impurities
and molten lead. Slag that was not reprocessed in the smelter furnace
and battery chips that were not reprocessed, were considered waste
material.
Historical information indicates that from approximately 1934 until
1971 the lead smelting facility and associated battery wrecking
operations were operated by Murph Metals, Inc. or its predecessors. In
1971, RSR Corporation acquired the lead smelting operation and operated
under the name Murph Metals. RSR continued to operate the smelter and
associated battery wrecking operations until the acquisition of the
facility by Murmur Corporation (Murmur). In 1984, the City of Dallas
declined to renew the smelter's operating permit. The smelter and
associated battery wrecking facility have not been operated since 1984.
During 1984 and 1985, the Texas Commission on Environmental Quality
(TCEQ) [formerly the Texas Natural Resource Conservation Commission
(TNRCC)] conducted inspections on the smelter and battery wrecking
facilities and identified several violations that involved the
treatment, storage or disposal of hazardous wastes. In 1986, TNRCC
approved a closure plan to be implemented by Murmur for portions of the
battery wrecking facility located at OU No. 5. However, Murmur was
unable to obtain certification by TNRCC of final closure, due to a
dispute between Murmur and its contractor. In June of 1991 the State of
Texas referred the case regarding the closure to the Superfund program
for assessment. Immediately following this referral, TNRCC began
receiving complaints from residents alleging that slag and battery
chips had been disposed of on their properties.
In 1991, the EPA began soil sampling in west Dallas to determine
the presence of soil lead contamination. The results indicated that
contamination existed in some residential areas near the smelter (OU
No. 1) where fallout of contamination from the smelter stack had
occurred and where battery chips or slag was used as fill in
residential yards and driveways. As a result, the EPA initiated an
emergency removal action in the residential areas consisting of removal
and off-site disposal of contaminated soil and debris in excess of
removal action cleanup levels. This removal action in the residential
area (OU No. 1) was completed in June of 1994.
On May 10, 1993, the EPA proposed the RSR Site to the National
Priorities List (NPL) of Superfund sites (58 FR 27507). On September
29, 1995, the EPA finalized listing of the RSR Corporation Superfund
Site on the NPL (60 FR 50435).
Remedial Investigation and Feasibility Study (RI/FS)
OU No. 4
A comprehensive remedial investigation was conducted at the former
smelter facility from March through June 1994. Results of the
investigation indicated the following:
Site building, structures, and equipment were in various
stages of deterioration. The process building, structures and equipment
were found to have very high concentration of lead, cadmium, and
arsenic.
Surface soil results indicated widespread distribution of
site-related contaminants such as lead, arsenic, and cadmium at high
concentrations.
Subsurface soil contamination was identified at variable
locations with no specific distribution of site contaminants.
Ground water contamination was indicated in the shallow
ground water at the site. However, subsequent pump tests, conducted
during the remedial investigation for OU No. 5, indicated that the
shallow ground water does not meet the criteria as a potential drinking
water source. The City of Dallas provides drinking water to the west
Dallas community.
Drums, waste piles, and debris and laboratory containers
were identified during the remedial investigation. These materials were
addressed under a non-time critical removal action conducted from May
through July 1995.
OU No. 5, Subarea 1
Deficiencies were observed at the Former Battery Wrecking
Facility, including deteriorated concrete, and weakened column bases
and roof beams. The former Vehicle Maintenance Building was considered
to be structurally sound. Dust on the building surfaces was found to
have elevated concentrations of lead, cadmium, and arsenic.
The former Surface Impoundment was used to collect and
neutralize wastewater and waste byproducts from the lead-acid battery
crushing operations. Samples drilled through the impoundment indicated
that contaminant concentrations decreased with depth. The maximum
contaminant concentrations were encountered at the 5 to 6 foot
interval.
Field investigations for other site soils indicted the
presence of high contaminants levels in surface and subsurface soils.
Record of Decision
OU No. 4
The major components of the selected remedy for OU No. 4 included:
Demolition of site building and off-site disposal;
Demolition of the smelter stack and off-site disposal;
Excavation of the concrete foundations and contaminated
soil and off-site disposal;
Cap and/or backfill the aerial extent of the site with two
(2) feet of clean soil.
OU No. 5, Subarea 1
The major components of the selected remedy for Subarea 1 of OU No.
5 included:
Decontamination of the former battery wrecking building
and the vehicle maintenance building;
[[Page 46174]]
Demolition of the former battery wrecking building and
off-site disposal of debris;
Evaluate existing cap on the former surface impoundment,
upgrade or replace as necessary, in order to complete RCRA closure;
Cap the Slag Burial Area/other Soils Areas that exceed
Remedial Action Goals with two (2) feet of clean backfill and re-
vegetate with native grasses;
No action is recommended for the shallow ground water. The
shallow ground water beneath OUs Nos. 4 and 5 is not considered to be a
potential drinking water supply.
Response Actions
OU No. 4 and OU No. 5 Removal Action
Three areas of immediate concern were identified at OUs 4 and 5
during the field investigation conducted in May 1994. The areas of
concern included the presence of 500 waste drums, 73 uncontrolled
residual waste/debris piles and approximately 50 laboratory containers.
EPA Region 6 conducted a Non-Time Critical Removal Action from May 30,
1995 through July 14, 1995.
Remedial Action OU No. 4
The remedial action for OU No. 4 started on September 26, 2000 and
the final field inspection conducted on November 6, 2001. Remedial
Action activities for OU No. 4 included:
Demolition of the smelter facility, bag house building,
250-foot smelter stack, batch house, hog storage building, former cafe
building, office/laboratory complex, cafeteria (lunch room) building,
filter building, bath house, vehicle maintenance building, former gas
station, and miscellaneous structures.
A total of 1,088 tons of steel from demolition activities
were recycled.
Approximately 11,000 cubic yards of contaminated soil was
treated in-situ and disposed of at off-site permitted facilities.
Approximately 915 cubic yards of debris were treated and
disposed at an off-site facility.
A total of 2,137 cubic yards of construction debris were
also treated and disposed of at an off-site permitted facility.
A total of 910 cubic yards of concrete materials were sent
off-site for recycling.
The site was backfilled with imported clay fill materials
and topsoil to a maximum depth of two (2) feet.
Seven (7) monitoring wells were closed.
Remedial Action OU No. 5, Subarea 1
The Remedial Action activities for Subarea 1 of OU No. 5 began on
January 19, 2004, and the final field inspection was conducted on
August 3, 2004. Remedial Action activities included:
Decontamination of site buildings followed by demolition
of the Battery Wrecking Building.
Approximately 245 tons of steel and metal and 923 tons of
concrete were recycled at off-site facilities.
Excess building debris was disposed of at an off-site
permitted landfill.
Contaminated soils and slag materials from throughout the
site were consolidated in the Buried Slag Area and capped with a total
of two (2) feet of soil material.
The former Surface Impoundment was cleared of vegetation,
re-graded, sloped, and soil added where needed to upgrade the soil cap.
Two (2) underground storage tanks encountered during the
remedial action activities were removed and disposed of at off-site
permitted facilities.
Operation and Maintenance (O&M)
The purpose of the O&M activities is to monitor the implemented
remedy and insure that the remedy remains protective of human health
and the environment. The Operation and Maintenance Plan for Subarea 1
of OU No. 5 was approved by EPA on September 27, 2004. The O&M Plan
includes site inspections for the former surface impoundment area, the
soil cover for the slag consolidated area, and ground water monitoring
of the former surface impoundment. The EPA will implement the O&M Plan
with PRP funding.
Institutional Controls
The owner for OU No. 4 and Subarea 1 of OU No. 5 recorded
institutional controls in Dallas County on March 29, 2006. The recorded
restrictive covenant for OU No. 4 states that: ``Invasive digging,
unsafe site development or drilling that would disturb the capped areas
in place on the land, or any deterioration or damaging of any element
of the selected remedy or ROD is prohibited, unless approved by EPA in
writing.'' The recorded restrictive covenant for Subarea 1 of OU No. 5
states that: ``Invasive digging, unsafe site development or drilling
that would disturb the capped areas in place or shallow groundwater use
on the land, or any deterioration or damaging of any element of the
selected remedy or ROD is prohibited, unless approved by EPA in
writing.''
Five-Year Review
Consistent with Section 121(c) of CERCLA and requirements of the
OSWER Directive 9355.7-03B-P (``Comprehensive Five-Year Review
Guidance'', June 2001), a five-year review is required at the RSR Site.
The Directive requires the EPA to conduct statutory five-year reviews
at sites where, upon attainment of ROD cleanup levels, hazardous
substances remaining within restricted areas onsite do not allow
unlimited use of the entire site.
Since hazardous substances remain onsite, the RSR Site is subject
to five-year reviews to ensure the continued protectiveness of the
remedy. Based on the five-year results, the EPA will determine whether
human health and the environment continue to be adequately protected by
the implemented remedy. The first Five-Year Review was completed on
September 29, 2005. The reviews found that the 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 partial deletion docket which the EPA
relied on for recommendation for the partial deletion from the NPL are
available to the public in the information repositories.
V. Partial Deletion Action
The EPA, with concurrence of the State of Texas, 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, the EPA is deleting OU No.
4 and Subarea 1 of OU No. 5 from the NPL.
Because the EPA considers this action to be noncontroversial and
routine for these operable units, the EPA is taking it without prior
publication. This action will be effective October 16, 2007 unless the
EPA receives adverse comments by September 17, 2007. If adverse
comments are received within the 30-day public comment period, the EPA
will publish a timely withdrawal of this direct final notice for
partial deletion before the effective date of the partial deletion and
it will not take effect. The EPA will prepare a response to comments
and continue with the partial deletion process on the basis of the
notice of intent for partial deletion and the comments already
received. There will be no additional opportunity to comment.
[[Page 46175]]
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: August 1, 2007.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
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.
Appendix B--[Amended]
0
2. Table 1 of Appendix B to Part 300 is amended by amending the
Superfund site entry for the ``RSR Corp, Dallas, TX'' by adding a note
``P''.
[FR Doc. E7-16062 Filed 8-16-07; 8:45 am]
BILLING CODE 6560-50-P