Jacksonville AK MSW fill to be deleted from NPL

[ttweed@wildrockies.org (Tony Tweedale)]

>[Federal Register: November 9, 1999 (Volume 64, Number 216)]
>[Proposed Rules]
>[Page 61051-61054]
>>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
>[DOCID:fr09no99-20]
>
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>
>ENVIRONMENTAL PROTECTION AGENCY
>
>40 CFR Part 300
>
>[FRL-6471-3]
>
>
>National Oil and Hazardous Substance Pollution Contingency Plan;
>National Priorities List
>
>AGENCY: Environmental Protection Agency.
>
>ACTION: Notice of intent to delete Jacksonville Municipal Landfill
>Superfund site from the National Priorities List.
>
>-----------------------------------------------------------------------
>
>SUMMARY: The United States Environmental Protection Agency (EPA) Region
>6 announces its intent to delete the Jacksonville Municipal Landfill
>Superfund Site (``the Site'') from the National Priorities List (NPL)
>and requests public comment on this proposed action. The NPL
>constitutes appendix B of 40 CFR part 300 which is the National Oil and
>Hazardous Substances Pollution Contingency Plan (NCP), which the EPA
>promulgated pursuant to section 105 of the Comprehensive Environmental
>Response, Compensation, and Liability Act (CERCLA) of 1980, as amended.
>The EPA and the State of Arkansas Department of Environmental Quality
>(ADEQ), have determined that the remedial action for the Site has been
>successfully completed and that no further action is warranted.
>
>DATES: Comments on this proposed deletion may be submitted to the EPA
>on or before December 9, 1999.
>
>ADDRESSES: Comments may be mailed to: Mr. Donn Walters, Community
>Involvement Coordinator, U.S. EPA (6SF-P), 1445 Ross Ave., Dallas,
>Texas 75202-2733, (214) 665-6483 or 1-800-533-3508 (Toll Free),
>walters.donn@epa.gov.
>
>FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Aisling, Remedial Project
>Manager, U.S. EPA (6SF-LT), 1445 Ross Avenue, Dallas, Texas 75202-2733,
>(214) 665-8509 or 1-800-533-3508 (Toll Free), aisling.kathleen@epa.gov.
>
>SUPPLEMENTARY INFORMATION:
>
>Information Repositories
>
>    Comprehensive information on the Site has been compiled in a public
>docket which is available for viewing at the Jacksonville Municipal
>Landfill Superfund Site information repositories:
>
>U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas
>75202-2733, (214) 665-6427, Mon.-Fri. 8:00 a.m.-4:30 p.m., (Please call
>in advance.)
>City Hall (Administrative Record File), 1 Industrial Drive,
>Jacksonville, Arkansas, Mon.-Fri. 8 a.m.-5 p.m.
>Base Library, Little Rock Air Force Base, Jacksonville, Arkansas, Mon.-
>Thurs. 10 a.m.-8 p.m., Fri. and Sat. 10 a.m.-5 p.m.
>Arkansas Department of Environmental Quality (Administrative Record
>File), 8001 National Drive, Little Rock, Arkansas, Mon.-Fri. 8 a.m.-
>4:30 p.m.
>
>Table of Contents
>
>I. Introduction
>II. NPL Deletion Criteria
>
>[[Page 61052]]
>
>III. Deletion Procedures
>IV. Basis for Intended Site Deletion
>
>I. Introduction
>
>    The United States Environmental Protection Agency (EPA) Region 6
>announces its intent to delete the Jacksonville Municipal Landfill
>Superfund Site (``the Site'') in Lonoke County, Arkansas, from the
>National Priorities List (NPL). The NPL constitutes appendix B of 40
>CFR part 300 which is the Oil and Hazardous Substances Pollution
>Contingency Plan (NCP), which the EPA promulgated pursuant to section
>105 of the Comprehensive Environmental Response, Compensation and
>Liability Act (CERCLA) of 1980, as amended. The EPA identifies sites
>that appear to present a significant risk to public health, welfare, or
>the environment and maintains the NPL as the list of these sites. The
>EPA and the State of Arkansas Department of Environmental Quality
>(ADEQ), have determined that the remedial action for the Site has been
>successfully completed.
>    Section II of this document explains the criteria for deleting
>sites from the NPL. Section III discusses the procedures the EPA is
>using for this action. Section IV discusses the Jacksonville Municipal
>Landfill Superfund Site and demonstrates how it meets the deletion
>criteria.
>
>II. NPL Deletion Criteria
>
>    Section 300.425(e)(1) of the NCP provides that releases may be
>deleted from, or recategorized on the NPL where no further response is
>appropriate. In making a determination to delete a release from the
>NPL, the EPA shall consider, in consultation with the state, whether
>any of the following criteria have been met:
>    i. Responsible parties or other parties have implemented all
>appropriate response actions required;
>    ii. All appropriate response under CERCLA has been implemented, and
>no further 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 site above levels that allow
>for unlimited use and unrestricted exposure, a subsequent review of the
>site will be conducted at least every five years after the initiation
>of the remedial action at the 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, the EPA
>may initiate additional remedial actions. Whenever there is a
>significant release from a site deleted from the NPL, the site may be
>restored to the NPL without application of the Hazard Ranking System.
>    In the case of this Site, the selected remedy is protective of
>human health and the environment. Consistent with the Site Consent
>Decree, the city of Jacksonville has agreed to take over operation and
>maintenance of the Site and conduct annual inspections. The EPA plans
>to conduct the first five-year review of the final remedy in late 1999.
>The EPA will also perform future five-year reviews.
>
>III. Deletion Procedures
>
>    The following procedures were used for the intended deletion of the
>Site:
>    (1) all appropriate response under CERCLA has been implemented and
>no further action by the EPA is appropriate;
>    (2) The ADEQ has concurred with the proposed deletion decision;
>    (3) A notice has been published in the local newspapers and has
>been distributed to appropriate Federal, state, and local officials and
>other interested parties announcing the commencement of a 30-day public
>comment period on the EPA's Notice of Intent to Delete; and
>    (4) All relevant documents have been made available in the local
>site information repositories.
>    Deletion of a site from the NPL does not itself create, alter, or
>revoke any individual's rights or obligations. The NPL is designed
>primarily for informational purposes and to assist Agency management.
>As mentioned in section II of this document, Sec. 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.
>    The EPA's regional office will accept and evaluate public comments
>on the EPA's Notice of Intent to Delete for the Site before making a
>final decision to delete. If necessary, the Agency will prepare a
>Responsiveness Summary to address any significant public comments
>received.
>    Deletion of the Site from the NPL will occur when the Regional
>Administrator of the EPA Region 6 places a final notice in the Federal
>Register. Generally, the NPL will reflect deletions in the final update
>following the Notice. Public notices and copies of the Responsiveness
>Summary will be made available to local residents by the Regional
>office. They will also be placed in the repository locations listed
>earlier in this document.
>
>IV. Basis for Intended Site Deletion
>
>    The following information provides the Agency's rationale for the
>proposal for deletion of this Site from the NPL.
>
>A. Site Background and History
>
>    The Site is encompasses about 40 acres of an 80 acre landfill in
>Lonoke County, outside the city limits of Jacksonville, Arkansas,
>approximately 12 miles northeast of Little Rock, Arkansas. An estimated
>10,000 people live within three miles of the Site and draw drinking
>water from public and private wells. Less than one-half mile west of
>the Jacksonville Municipal Landfill Superfund Site is the Rogers Road
>Municipal Landfill Superfund Site. Because of the proximity of the
>sites and the similarities in their features and characteristics, the
>Superfund site-related activities for these sites were carried out
>concurrently.
>    The city of Jacksonville operated the landfill from the time it
>purchased the land in 1953 until 1974. Open burning and trenching were
>the primary methods of waste disposal used at the Site. The landfill
>was closed in July 1973 when the ADEQ (formerly the Arkansas Department
>of Pollution Control and Ecology) refused to grant a landfill permit
>because of the high water table and poor drainage in the area.
>    Specific waste types and quantities were not recorded by the Site
>owner/operators; however, in addition to municipal waste, several drums
>of industrial waste from a local herbicide manufacturer, Vertac
>Chemical Corporation (Vertac), were disposed of in the landfill. On-
>site soil and drums were found to be contaminated with dioxin (2,3,7,8-
>tetrachlorodibenzo (P) dioxin expressed as 2,3,7,8-TCDD equivalents)
>and the herbicides 2,4-D, 2,4,5-T, and 2,4,5-TP. These drums were
>located in four isolated areas, mainly near the surface of the
>landfill.
>    In early 1986, the city of Jacksonville fenced the Site to prevent
>public access. The Site was added to the National Priorities List on
>July 22, 1987.
>
>B. Response Actions
>
>    The Remedial Investigation (RI) for the Site, which described the
>nature and extent of contamination, was released to the public in July
>1990. The Feasibility Study (FS) was also released at this time. A 60-
>day public comment period began on July 9, 1990, and ended on September
>7, 1990. In addition, a public meeting was held on July 18, 1990, to
>
>[[Page 61053]]
>
>present the results of the RI/FS and to accept public comment.
>    The EPA reviewed the results of the July 1990 RI/FS and all public
>comments received. On September 27, 1990, a Record of Decision (ROD)
>for the Site, which included a number of construction elements to
>implement the Remedial Action, was issued. The EPA, the ADEQ, and the
>city of Jacksonville participated in the clean-up in accordance with a
>June 20, 1994, Consent Decree (CD) between the EPA and the city of
>Jacksonville.
>    The remedial action at the Site included:
>    <bullet> Excavation of contaminated soil and debris containing
>greater than 10 parts per billion (ppb) equivalent 2,3,7,8-TCDD and
>backfilling the excavated area;
>    <bullet> Transportation of the excavated material to the Vertac
>Chemical Corporation Superfund Site in Jacksonville, Arkansas;
>    <bullet> Incineration of the excavated contaminated material and
>disposal of residuals at Vertac;
>    <bullet> Steam-cleaning and disposal of large items of refuse
>removed from contaminated areas at the Jacksonville Site;
>    <bullet> Covering soil, debris and waste meeting the criteria
>stated below with twelve inches of soil:
>
>(1) 2,3,7,8-TCDD concentrations >1.0 and <ls-thn-eq>10 ppb, or
>(2) Cumulative Hazard Index >.3 for
>    2,4,5-T; 2,4,5 TP; and 2,4-DCP;
>
>    <bullet> Institutional controls such as fence maintenance and
>restricting the use of ground water; and,
>    <bullet> Ground water monitoring.
>    Construction was completed in early 1995. A site inspection
>occurred on September 20, 1995, which showed that the remedial
>objectives had been achieved. The EPA also checked the Site on
>September 1, 1998. At that time, the constructed remedy was still
>performing as designed and was controlling the risks to human health
>and the environment as specified in the ROD. The soil cover was in
>excellent shape with no evidence of subsidence, erosion, animal
>burrows, or standing water. The grass cover was well-established and
>provided thorough coverage of the soil cover. The site fences had been
>maintained and there was no evidence of trespassers.
>
>C. Clean-Up Standards
>
>    The remedial action cleanup activities at the Site are consistent
>with the objectives of the NCP and will provide protection to human
>health and the environment. Specifically, confirmatory sampling
>conducted at the conclusion of the cleanup verified that the site has
>achieved the ROD cleanup standards: all contaminated soil and debris
>containing greater than 10 part per billion (ppb) equivalent 2,3,7,8-
>TCDD were excavated and all soil and debris with 2,3,7,8-TCDD
>concentrations >1.0 and <ls-thn-eq>10 ppb, or with a Cumulative Hazard
>Index >.3 for 2,4,5-T and 2,4,5 TP were either excavated or covered
>with one foot of clean soil. Ground water samples taken in November
>1994, June 1995, December 1995, October 1996, and November 1997, did
>not show dioxin contamination, nor did they show any site-related,
>statistically significant concentrations of organic contaminants or
>inorganic (metals) contaminants above acceptable health-based levels.
>    The confirmatory sampling at the Site and backfilling of the Site
>with clean soil provide assurances that the Site will no longer pose a
>threat to human health or the environment as long as the institutional
>controls are enforced and the soil cover is maintained. The source of
>contaminants identified in the ROD, the disintegrating drums and
>adjacent contaminated soil, has been addressed through excavation and
>covering with a clean soil cover. The cleanup also eliminated the
>impacts to the ground water from the chemicals of concern at the Site.
>    At this time, the Site has been cleaned up to residential
>standards. Therefore, from a health-risk standpoint, the landfill
>itself has no land-use restrictions, except for the areas where EPA
>placed a soil cover. Institutional controls, in the form of deed
>restrictions, state that the soil cover may not be disturbed.
>Additional deed restrictions state that no drinking water wells may be
>drilled at the Site.
>
>D. Operations and Maintenance
>
>    The Site is designed to require very little maintenance. Site
>operations and maintenance (O&M) activities that have been performed by
>the city of Jacksonville since the 1995 site completion include routine
>site inspections to ensure that positive drainage (as defined in the CD
>Statement of Work) is occurring and that the perimeter fence is intact.
>These activities have maintained the protectiveness of the remedy. In
>addition, Site ground water monitoring, to ensure that the remedy was
>effective and operating properly, has been conducted jointly by the
>ADEQ and the city of Jacksonville.
>    The city of Jacksonville, as agreed upon in the CD and accompanying
>Statement of Work and as detailed in the Remedial Action (RA) Work
>Plan, has assumed all responsibility for O&M at the Site. Plans for O&M
>are in place and are sufficient to maintain the protectiveness of the
>remedy. The city is fulfilling its obligation to perform the O&M and it
>is expected that the city of Jacksonville will be able to provide
>future maintenance with a minimal amount of work.
>
>E. Five-Year Review
>
>    CERCLA requires a five-year review of all sites with hazardous
>substances remaining above the health-based levels for unrestricted use
>of the Site. Because the cleanup of the Site utilized a soil cover in
>some areas as the method to reduce the risk, and because the ROD calls
>for institutional controls limiting ground water use on and immediately
>downgradient of the Site, the five-year review process will be used to
>ensure that the cover is still intact and blocking exposure pathways
>and that the institutional controls are still in place.
>
>F. Community Involvement
>
>    The EPA published its Community Relations Plan in November 1988,
>after interviews with local residents and officials. Several
>information repositories were established in the area near the Site and
>all of the documents used to select a Site remedy were placed in the
>repositories before the final ROD was issued. In August 1994, a public
>open house meeting was held to inform the citizens of the initiation of
>site construction activities. Citizens were also invited to the site
>completion ceremony held in September 1995. Documents in the deletion
>docket which the EPA relied on to make this recommendation of deletion
>of the Site from the NPL are available to the public in the information
>repositories.
>
>G. Applicable Deletion Criteria
>
>    One of the three criteria for site deletion specifies that the EPA
>may delete a site from the NPL if ``all appropriate Fund-financed
>response under CERCLA has been implemented, and no further response
>action by responsible parties is appropriate.'' (40 CFR
>300.425(e)(1)(ii)). The EPA, with concurrence of the ADEQ, believes
>that this criterion for deletion has been met. Consequently, the EPA is
>proposing deletion of the Site from the NPL. Documents supporting this
>action are available at the information repositories listed earlier in
>this document.
>
>H. State Concurrence
>
>    The Arkansas Department of Environmental Quality concurs with the
>proposed deletion of the Jacksonville
>
>[[Page 61054]]
>
>Municipal Landfill Superfund Site from the NPL.
>
>    Dated: August 3, 1999.
>Myron O. Knudson,
>Acting Regional Administrator, Region 6.
>[FR Doc. 99-29073 Filed 11-8-99; 8:45 am]
>BILLING CODE 6560-50-P
>
>
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>End of EPA-WASTE2 Digest 299
>****************************
>