[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Rules and Regulations]
[Page 6613-6617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe08-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002 Notice 4; FRL-8523-7]
National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Industrial Waste Control
Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
publishing a direct final notice of deletion of the Industrial Waste
Control Superfund Site (Site), located near Fort Smith, Arkansas 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 deletion is being published
by EPA with the concurrence of the State of Arkansas, through the
Arkansas Department of Environmental Quality (ADEQ), 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 of deletion will be effective April 7,
2008 unless EPA receives adverse comments by March 6, 2008. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final notice of 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-HQ-
SFUND-1983-0002 Notice 4, by one of the following methods:
http://www.regulations.gov: (Follow the on-line instructions for
submitting comments).
E-mail: walters.donn@epa.gov.
Fax: 214-665-6660.
Mail: Donn Walters, Community Involvement, U.S. EPA Region 6 (6SF-
TS), 1445 Ross Avenue, Dallas, TX 75202-2733, (214) 665-6483 or 1-800-
533-3508.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1983-0002 Notice 4.
EPA 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, disclosure of which is
restricted by statute. Do not submit 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
automatically be 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
[[Page 6614]]
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
disclosure of which 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 at http://www.regulations.gov or in hard copy at the
information repositories.
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, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733, (214) 665-6617, by
appointment only Monday through Friday 9 a.m. to 12 p.m. and 1 p.m. to
4 p.m.; Fort Smith Public Library, 3201 Rogers Avenue, Ft. Smith, AR
72903, (479) 783-0229, Monday through Thursday, 9 a.m. to 9 p.m., 9
a.m. to 6 p.m. Friday, 10 a.m. to 5 p.m. Saturday and 1 p.m. to 5 p.m.
Sunday, Arkansas Department of Environmental Quality (ADEQ), 5301
Northshore Drive, North Little Rock, Arkansas 72118, (501) 682-0744,
Monday through Friday 8 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Shawn Ghose M.S., P.E., Remedial
Project Manager (RPM), U.S. EPA Region 6 (6SF-RA), 1445 Ross Avenue,
Dallas, TX 75202-2733, (214) 665-6782 or 1-800-533-3508 or
ghose.shawn@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
The EPA Region 6 office is publishing this direct final notice of
deletion of the Industrial Waste Control 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 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 EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective April 7, 2008 unless
EPA receives adverse comments by March 6, 2008 on this document. If
adverse comments are received within the 30-day public comment period
on this document, 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. The 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 for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Industrial Waste Control
Superfund Site, and demonstrates how it meets the deletion criteria.
Section V discusses EPA actions 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 Trust Fund) 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 that 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 ADEQ on the deletion of the Site from
the NPL prior to developing this direct final notice of deletion.
(2) ADEQ concurred with deletion of the Site from the NPL.
(3) Concurrent with publication of this direct final notice of
deletion, a notice of 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
this Site from the NPL.
[[Page 6615]]
Site Location
The IWC Site is 8 miles southeast of Ft. Smith, in Sebastian
County, Arkansas. It is 1 mile west of the town of Jenny Lind and 4.5
miles east of the town of Bonanza. It can be reached by taking Highway
71 approximately 8 miles south of Ft. Smith, turning east on Bonanza
Rd. for about one mile then turning south on the second entrance to
Racetrack Road. The Site is the eight acre tract of elevated land
enclosed within a six foot chain link fence at the south end of the
Racetrack Rd loop less than a mile from Bonanza Rd.
Site History
The Site is located in a historic coal mining region which dates
back to the late 1800's. There is an extensive network of abandoned
underground coal mines north of the Site operated from the 1890s
through 1932. In the mid-1940's, a surface strip mine was placed in
operation at the Site to recover coal which was too shallow to mine by
underground methods. The extent of the final narrow strip mine was
approximately 40 feet deep and 2,000 feet long. The western half of
this strip mine was ultimately converted into a commercial industrial
waste landfill in the late 1960s.
A full permit to receive industrial waste at the Site was issued by
the Arkansas Department of Pollution Control and Ecology (currently
known as the Arkansas Department of Environmental Quality or ADEQ) to
GNJ, Inc. on May 24, 1974. In August of 1974 the Site was sold and
renamed the Industrial Waste Control Landfill (IWC).
The IWC operations included the landfill and surface impoundments.
The facility received waste from industrial plants in and around Ft.
Smith. The surface impoundments were constructed sometime in the late
summer or early fall of 1975. They were used to store and evaporate
liquid wastes received at the Site. Drums were deposited in two
isolated drum disposal areas.
In response to ADEQ's directives concerning a surface impoundment
release the operator stopped accepting liquid solvents in mid-1977.
Closure activities were initiated shortly thereafter. On August 8, 1978
the ADEQ was notified that the landfill had been closed and covered
with compacted material and graded to ensure adequate surface drainage.
The EPA initiated investigations at the Site in 1980 in response to
an ADEQ 1979 report of a surface impoundment leachate problem. As a
result, the IWC site was placed on the NPL on December 30, 1982. The
Site Remedial Action Master Plan was completed by the EPA on September
30, 1983. The EPA notified potentially responsible parties (PRPs) who
organized into the IWC Steering Committee (``the Committee'') in
November of 1983. The Committee met with the regulatory agencies in
November of 1983 to discuss voluntary remediation and the following
studies were undertaken by the EPA and the Committee respectively.
Remedial Investigation and Feasibility Study (RI/FS)
The EPA's Remedial Investigation (RI) report and Endangerment
Assessment (EA) were completed on March 31, 1986, and its Feasibility
Study (FS) was completed on June 3, 1986. The EPA authorized the
Committee under an agreed Administrative Order to conduct an
independent remedial investigation referred to as the Hydrological and
Waste Quantification Study (HWQS). The HWQS was conducted from March
through July 1987. All field investigation activities conducted by the
Committee were overseen by the EPA, and coordinated through the ADEQ.
The HWQS report was submitted to the Agencies in October of 1987. A
Supplemental Feasibility Study and Supplemental Endangerment Assessment
were prepared by the Committee and submitted to the Agencies in
February 1988.
The Endangerment Assessments (EA) were conducted to identify the
potential risks to public health and the environment. The general EA
conclusions were that the exposure pathways did not present an
unacceptable risk; significant concentrations of constituents of
concern (COC) had not migrated off site; most COC were non-carcinogens;
and without a transport mechanism COC did not present an unacceptable
risk to groundwater. The selected response action took these risk
factors into account.
The Committee's FS evaluated remedy options and proposed a remedial
action plan which included removing the surface impoundments and drum
disposal areas, treating soils with constituents of concern above clean
up criteria, placement of the treated soils in the surface impoundment
excavation, controlling migration and infiltration by installing slurry
wall/french drain system, covering the surface with a full RCRA cap and
cover, and securing the entire Site within a secure 6 foot chain link
fence topped with three barb wire strands and controlling access.
The EPA and the ADEQ determined that the proposed remediation
alternative met the mandates of Superfund Amendments and
Reauthorization Act (SARA). A press release and a fact sheet
summarizing the alternative were distributed to the general local
population and interested parties on April 19, 1988. A public meeting
was held with the area residents and local officials on May 9, 1988 at
the South Sebastian County Courthouse. Written comments and questions
were received during the comment period which ended June 2, 1988. The
EPA's Record of Decision (ROD) was signed on June 28, 1988.
Record of Decision
The Record of Decision (ROD) established remediation objectives.
The objectives were to remove buried drums in Area C and D and dispose
of all liquids in an offsite RCRA facility; treat contaminated soils
above clean up criteria from Areas C, D, and 09B to pass the RCRA
Toxicity Characteristic Leaching Procedure (TCLP) and solidify the
treated soil in the Area C excavation; install a french drain to
intercept and divert shallow groundwater around the Site, and a slurry
wall to prevent migration of onsite groundwater. Groundwater
encountered during remediation excavation was to be collected and
treated to meet effluent limitations or mixed with the stabilized soils
to meet TCLP limits. Solid and liquid wastes generated during RI were
to be characterized and treated and disposed on or offsite as
appropriate. A multi-layered RCRA cap was to be constructed to cover
the entire site area. A surface drainage ditch was to be constructed on
the upgradient side of the RCRA cap to divert surface run-on around the
covered Site. Land use restrictions and a security fence were to be put
in place to prevent development of the site. Upgradient and
downgradient groundwater was to be monitored, and the effectiveness of
the remedy was to be verified every five years.
The objectives of the ROD were to be implemented in accordance with
the Remedial Action Plan (RAP), which outlined the general conceptual
procedures to be followed including preparation of contingency, solid
and waste management, health and safety, and QA/QC Plans. The RAP was
prepared to comply with all applicable or relevant and appropriate
requirements (ARARs) of the Federal, State and local rules and
regulations.
[[Page 6616]]
Cleanup Standards
The remedial action objectives were to minimize the potential for
waste migration, protect human health and the environment, prevent
future contamination of surface water and groundwater and minimize
short-term air emissions resulting from remedial activities.
Response Actions
The following actions were conducted in response to the ROD/RAP to
minimize the potential risks to the water stored in the mine void
reservoir:
Reduce toxicity and volume by excavating soils that exceeded Clean-
up Criteria (1000ppm Total VOC) encountered in Areas B, C, D, 09B, and
along the Slurry Wall and French Drain pathway and treating the soils
using chemical fixation and stabilization to meet treatment standards
based on EPA Toxicity Concentration Leachate Procedure (TCLP). The
treated soils meeting TCLP standards were placed back into the
excavation of Area C, solidified with concrete. Area C was then
contained within a slurry wall keyed into the weathered bedrock and
Site slurry wall and then capped with a RCRA Cap and Cover. Drums
removed from Areas C and D that contained liquids were transport to an
offsite permitted commercial disposal facility.
Mobility was reduced by removing the leachate transport mechanism
by installing French Drain upgradient of the Site to intercept shallow
rain infiltration above the weathered bedrock and divert it around the
remediated area. A slurry wall was installed downgradient and parallel
to the French Drain to cutoff backflow from the impacted Site soils
into the French Drain, and to provide backup for the French Drain. The
entire remediated area including the Landfill, French Drain, Site
slurry wall and self contained Area C was covered with a multilayer
RCRA Cap and Cover to prevent rainfall infiltration into the remediated
area.
Long term security for the remediated site is provided by the Cap
and Cover, site security fence and restricted site access and use. The
Site is maintained, monitored and inspected regularly in accordance
with the Post Closure Activity Plan.
Operation and Maintenance (O&M)
The Post Closure Activity Plan (January 1991) as approved by the
EPA specified the actions to be carried out once remediation
construction was completed (3/29/91). The Post Closure Activity Plan
(PCAP) included: monitor well sampling on a quarterly then semiannual
basis once baseline action levels were established; site inspections to
coincide with monitor well sample events; site mowing and erosion
control maintenance; monitor event reports and Five Year Reports to be
submitted by the EPA and ADEQ.
The site monitoring has been conducted in compliance with the PCAP
as amended, with minor occasional variances duly noted and reported.
Monitor wells are sampled in accordance with standard EPA protocol.
Sample results which exceed action limits are resampled to confirm
conditions. Such occurrences have been infrequent and follow-up
resample results have returned to below action limits. The Site
vegetation and erosion control has been maintained. While significant
site repair has not been necessary, occasional site maintenance has
included: well repair and Area C evaluation, installation of additional
downgradient monitor wells, repair of french drain and recharge well,
regular site mowing, and topsoil replacement.
The Site is totally enclosed by a 6 foot chain link fence topped
with three strands of barbed wire. Access is limited to two gates
secured with a chain and lock to which only authorized agency and PRP
personnel have keys. Over the course of the Post Closure Care period,
there have been infrequent and minor instances of site disturbance and
trespassing.
Institutional controls (ICs) are a necessary component of
maintaining the long-term protectiveness of the remedy. ICs are legal
and administrative measures that prevent exposure to contaminants that
may remain at a site at concentrations above health-based risk levels.
They are typically designed to limit activities at or near the Site,
and include requirements for providing notice (i.e., deed recordation)
in the real property records for properties where residual
contamination will remain. For this Site, the ICs include a deed
recordation with a notice that buried contaminants remain on the
property, and a prohibition against any reuse, development or other
activities that might disturb or damage the affected areas without the
approval of EPA, ADEQ and the property owner. The requirement for
institutional controls was met through deed recordation in the Official
Public Records of Real Property in Sebastian County, Arkansas.
Five-Year Review
The EPA must conduct a statutory five-year review of the remedy no
less than every five years after the initiation of the remedial action
pursuant to CERCLA Section 121(c). Based on the five-year reviews, EPA
will determine whether human health and the environment continue to be
adequately protected by the implemented remedy. Five-year reviews for
this Site were completed in February 1997, July 2002, and a revised
version in September 2007. During the July 2002 five-year review, EPA
had prepared Deletion document for the Site. However Deletion was put
on hold as baseline contaminants were exceeded in three monitor wells.
IWC Settling Defendants (PRPs) conducted a Site Assessment Study (SAS)
which included statistical analysis, risk assessment and fate and
transport studies of the contaminants in the offending monitor wells.
Based on the data from SAS study by the IWC Settling Defendants, EPA
has concluded that offsite migration of contaminants will not occur.
Therefore Deletion of the Site from the National Priorities List (NPL)
is appropriate at this time. The next five-year review will occur no
later than September 2012.
Community Involvement
Public participation activities required in CERCLA Section 113(k),
42 U.S.C. 9613(k), and CERCLA Section 117, 42 U.S.C. 9617, have been
satisfied, and documents which EPA generated and/or relied on are
available to the public in these information repositories.
V. Deletion Action
The EPA, with concurrence of the State of Arkansas, 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 April 7, 2008 unless EPA receives adverse comments by
March 6, 2008. 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. The 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,
[[Page 6617]]
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Superfund, Water pollution control, Water supply.
Dated: September 28, 2007.
Richard E. Greene,
Regional Administrator, EPA Region 6.
0
For the reasons set out in the preamble, 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 under Arkansas (``AR'')
by removing the entry for ``Industrial Waste Control.''
[FR Doc. E8-1964 Filed 2-4-08; 8:45 am]
BILLING CODE 6560-50-P