97-26185. National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List  

  • [Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
    [Proposed Rules]
    [Pages 52074-52078]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-26185]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 300
    
    [FRL-5898-1]
    
    
    National Oil and Hazardous Substances Pollution Contingency Plan; 
    National Priorities List
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Notice of intent for partial deletion of the Prewitt Abandoned 
    Refinery Superfund Site from the National Priorities List.
    
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    SUMMARY: The United States Environmental Protection Agency (``EPA'') 
    Region 6 announces its intent to delete the surface portion of the 
    Prewitt Abandoned Refinery Superfund Site (``Site'') from the National 
    Priorities List (``NPL'') and requests public comment on this action. 
    The NPL constitutes Appendix B to the National Oil and Hazardous 
    Substances Pollution Contingency Plan (``NCP''), 40 CFR part 300, which 
    EPA promulgated pursuant to Section 105 of the Comprehensive 
    Environmental Response, Compensation, and Liability Act (``CERCLA''). 
    This partial deletion of the Site is proposed in accordance with 40 CFR 
    300.425(e) and the Notice of Policy Change: Partial Deletion of Sites 
    Listed on the National Priorities List. (60 FR 55466, November 1, 
    1995).
        This proposal for partial deletion pertains to the surface portion, 
    which includes all surface soils and former separator area and does not 
    pertain to the subsurface portion (ground water and subsurface soils) 
    of the Site. The subsurface portions of the Site will remain on the 
    NPL, and response activities will continue at that portion. The 
    Responsible Parties have implemented all appropriate response actions 
    required for the surface portion of the Site. EPA bases its proposal to 
    delete this portion of the Site on the determination by EPA, the State 
    of New Mexico, through the New Mexico Environment Department (``NMED'') 
    and the Navajo Nation through the Navajo Nation Superfund Office 
    (``NSO''), that all appropriate actions under CERCLA have been 
    implemented to protect human health, welfare and the environment for 
    the surface portion of the Site.
    
    DATES: The EPA will accept comments concerning its proposal for partial 
    deletion until November 5, 1997.
    
    ADDRESSES: Comments may be mailed to: Ms. Olivia Balandran, Community 
    Relations Coordinator, U.S. EPA, Region 6 (6SF-PO), 1445 Ross Avenue, 
    Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6484.
        Information Repositories: Comprehensive information on the Prewitt 
    Abandoned Refinery Site as well as information specific to this 
    proposed partial deletion is available for review at EPA's Region 6 
    office in Dallas, Texas. The Administrative Records for Prewitt 
    Abandoned Refinery Site and the Deletion Docket for this partial 
    deletion are maintained at the following Prewitt Abandoned Refinery 
    Site document/information repositories:
    
    U.S. EPA, Region 6, Library, 12th Floor (6MD-II), 1445 Ross Avenue, 
    Dallas, Texas 75202-2733, (214) 665-6424 or
    
    [[Page 52075]]
    
    665-6427, Hours of Operation: M-F 8:00 a.m. to 4:30 p.m.
    Prewitt Fire House, PO Box 472, Prewitt, New Mexico 87045, (505) 876-
    4068.
    New Mexico Environment Department , 1190 St. Francis Dr., Santa Fe, New 
    Mexico 87502, (505) 827-2908, Hours of Operation: M-F 8:30 a.m.-5:00 
    p.m.
    Navajo Nation Superfund Office, 43 Crest Road, St. Michaels, AZ 86511, 
    (520) 871-6859, Hours of Operation: M-F 8:00 a.m.-5:00 p.m.
    
    FOR FURTHER INFORMATION CONTACT:
        Ms. Monica Smith, Project Manager, U.S. EPA, Region 6 (6SF-PB), 
    1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6780.
    
    SUPPLEMENTARY INFORMATION:
    
    Table of Contents
    
    I. Introduction
    II. NPL Deletion Criteria
    III. Deletion Procedures
    IV. Basis for Intended Partial Site Deletion
    
    Appendix
    
    A. Docket Information
    B. Site Coordinates
    
    I. Introduction
    
        The USEPA Region 6 announces its intent to delete a portion of the 
    Prewitt Abandoned Refinery Superfund Site (``Site'') located in, 
    Prewitt, McKinley County, New Mexico from the NPL, which constitutes 
    Appendix B of the NCP, 40 CFR Part 300, and requests comments on this 
    proposal. This proposal for partial deletion pertains to the surface 
    portion of the Site, which consists of all surface soils and the former 
    separator area. The Site is bounded on the south by Interstate Highway 
    40. Tracks owned and operated by the Burlington Northern, Santa Fe 
    Railway run through the northern part of the Site. Old U.S. Highway 66 
    runs through the middle of the Site.
        The El Paso Natural Gas Company (``EPNG'') and Atlantic Richfield 
    Company (``ARCO'') are the Responsible Parties for this Site. The 
    Responsible Parties have implemented all appropriate response actions 
    required for the surface portion of the Site. Based on the completion 
    of the response actions for the surface portion of the Site, on January 
    23, 1997, EPA notified the Responsible Parties that the Remedial Action 
    for the surface soils had been completed. EPA proposes to delete the 
    surface portion of the Site because all appropriate CERCLA response 
    activities have been completed for that portion of the Site. However, 
    response activities for the subsurface portion of the Site are not yet 
    complete; thus, the subsurface portion of the Site will remain on the 
    NPL and is not the subject of this partial deletion.
        The NPL is a list maintained by EPA of sites that EPA has 
    determined have the highest priority releases of hazardous substances, 
    pollutants, or contaminants under the criteria established by CERCLA 
    and the National Contingency Plan (NCP). Sites on the NPL may be the 
    subject of remedial actions financed by the Hazardous Substance 
    Superfund (``Fund''). Pursuant to 40 CFR 300.425(e) of the NCP, any 
    site or portion of a site deleted from the NPL remains eligible for 
    Fund-financed remedial action if conditions at the site warrant such 
    action.
        EPA will accept comments concerning its intent for partial deletion 
    for thirty (30) days after publication of this notice in the Federal 
    Register, the Gallup Independent, the Albuquerque Journal, and the 
    Navajo Times.
    
    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 public 
    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:
        Section 300.425(e)(1)(i). Responsible parties or other persons have 
    implemented all appropriate response actions required; or
        Section 300.425(e)(1)(ii). All appropriate Fund-financed response 
    under CERCLA has been implemented, and no further response action by 
    responsible parties is appropriate; or
        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, 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 action at the area deleted if 
    future site conditions warrant such action. Section 300.425(e)(3) of 
    the NCP provides that Fund-financed 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 a 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 were used for the proposed deletion of the 
    surface portion of the Site:
        (1) EPA has recommended the partial deletion and has prepared the 
    relevant documents.
        (2) The State of Mexico through NMED concurred by letter dated 
    November 12, 1996, with this partial deletion.
        (3) The Navajo Nation through the NSO concurred by letter dated 
    March 4, 1997, with this partial deletion.
        (4) Concurrent with this national Notice of Intent for Partial 
    Deletion, a notice has been published in the Gallup Independent, the 
    Albuquerque Journal, and Navajo Times which are major local newspapers 
    of general circulation and a notice has been distributed to appropriate 
    Federal, State, and local officials, and other interested parties. 
    These notices announce a thirty (30) day public comment period on the 
    deletion package, which commences on the date of publication of this 
    notice in the Federal Register and in the newspaper.
        (5) EPA has made all relevant documents available at the 
    information repositories listed above in this notice.
        This Federal Register notice, and a concurrent notice in the 
    newspaper, announce the initiation of a thirty (30) day public comment 
    period and the availability of the Notice of Intent for Partial 
    Deletion. The public is asked to comment on EPA's proposal to delete 
    the surface portions of the Site from the NPL. All critical documents 
    needed to evaluate EPA's decision are included in the Deletion Docket 
    and are available for review at the information repositories.
        Upon completion of the thirty (30) day public comment period, EPA 
    will evaluate all comments received before issuing the final decision 
    on the partial deletion. EPA will prepare a Responsiveness Summary for 
    comments received during the public comment period and will address 
    concerns presented in the comments. The Responsiveness Summary will be 
    made available to the public at the information repositories listed 
    above. Members of the public are encouraged to contact Ms. Smith at EPA 
    Region 6 to obtain a copy of the Responsiveness Summary. If, after 
    review of all public
    
    [[Page 52076]]
    
    comments, EPA determines that the partial deletion from the NPL is 
    appropriate, EPA will publish a final notice of partial deletion in the 
    Federal Register. Deletion of the surface portion of the Site does not 
    actually occur until the final Notice of Partial Deletion is published 
    in the Federal Register.
    
    IV. Basis for Intended Partial Site Deletion
    
        The following provides EPA's rationale for deletion of the surface 
    portion of the Site from the NPL and EPA's finding that the criteria in 
    40 CFR 300.425(e) are satisfied:
    
    Background
    
        The Prewitt Abandoned Refinery Site once contained an abandoned 
    crude oil refinery. The Site occupies approximately 70 acres located 
    near the town of Prewitt, New Mexico. The area in which the Site is 
    located is rural, with a cluster of four homes about one thousand feet 
    east of the Site. Contamination at the Site originated from the 
    refinery operations which began in 1938 and ended in July 1957. The 
    contaminants of concern with regard to the Site surface include, lead, 
    asbestos, benzo(a)pyrene, benzo(a)anthracene, benzene, toluene, xylene, 
    and ethylbenzene. The main processing units at the refinery were a 
    distillation plant, a thermal cracker, and a reformer. Auxiliary 
    facilities at the refinery included crude storage tanks, intermediate 
    storage tanks, final product storage tanks, product caustic washing 
    facilities, boilers, power generation station, heaters, cooling towers, 
    receiving and loadout facilities; lead additive stations; maintenance 
    facilities, laboratory facilities, and an office.
        Crude oil was delivered to storage tanks at the Site. From the 
    crude oil storage tanks the raw material was pumped to the distillation 
    tower where various fractions were recovered from various levels of the 
    tower, based upon boiling point .
        Wastes spilled or disposed of at the Site include leaded tank 
    bottoms which have been listed as a hazardous waste by EPA in 40 CFR 
    Part 261, pursuant to its authority under Section 3001 of the Resource 
    Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6921, as hazardous 
    waste number K052, leaded tank bottoms from the petroleum refining 
    industry. Other such RCRA listed hazardous wastes, spilled or disposed 
    of at the Site, include slop tank contents (KO49), primary separator 
    sludges (FO37), and secondary separator sludges (FO38). These wastes 
    exhibit the characteristic of toxicity (T). Material spilled or 
    disposed of onto surface soil at the Site includes high concentrations 
    of lead (RCRA hazardous waste number D008) and asbestos. The leaded 
    tank bottoms, the slop, the primary separator sludges, and the 
    secondary separator floats have been disposed of or spilled onto the 
    surface and have contaminated the surface soils at the Site. The leaded 
    tank bottoms, the slop tank contents, the primary separator sludges, 
    and the secondary separator floats have also contaminated the ground 
    water beneath the Site by leaching benzene, toluene, ethylbenzene, and 
    xylene (``BTEX'') and lead into the subsurface area as pockets of non-
    aqueous phase liquids (``NAPL'') which in turn have leached BTEX into 
    the ground water as dissolved phase BTEX. Chlorinated hydrocarbons, 
    including 1,2-dichloroethane, contained in solvents disposed of at the 
    Site have leached into groundwater and appear in concentrations above 
    Maximum Contaminant Levels (``MCL'') established under the Safe 
    Drinking Water Act, 42 U.S.C. 300f-300j-26.
        Wastes, including leaded tank bottoms, the slop tank contents, the 
    primary separator sludges, and the secondary separator floats, were 
    generally disposed at, or near, the point of generation at the Site, 
    and not in designated waste management units. Thus, waste materials 
    known to have been spilled, dumped and spread at the Site including 
    leaded tank bottoms, the slop tank contents, the primary separator 
    sludges, and the secondary separator floats, have become intermingled 
    with each other and with the spills of petroleum products, also known 
    to have occurred.
        Wastewaters at Prewitt were routinely discharged into unlined, 
    earthen ditches throughout the refinery area. In addition to accidental 
    spills, these ditches are known to have carried off-specification 
    petroleum products, hydrocarbon-laden wastewaters such as those 
    generated from the cleaning of the distillation unit, cooling tower 
    overflow, tank bottoms, and spent caustic materials from the cleaning 
    of gasoline. The separator, into which many of these ditches flowed, 
    was a compartmentalized concrete tank, providing reduced flow 
    conditions which allowed the organics to float to the surface of the 
    material in the tank. These organics were pumped off the water surface 
    and returned to the process system. The water and heavier primary 
    separator sludges (RCRA listed hazardous waste FO37) were drawn from 
    the bottom of the separator and discharged into an arroyo leading to 
    the north edge of the Site and into an area of the Site known as the 
    North Pit. Separator floats that passed through or over the separator 
    and onto Site soils are listed as RCRA hazardous waste number FO38.
        An area located on the west side of the Site, known as the West 
    Pits area was originally used as an emergency relief system. During the 
    early years of operation, when a situation in the processing plant 
    arose that required a process unit to be quickly shut down, the 
    contents of the unit were directed through underground pipes to these 
    bermed areas in the West Pits for containment. Analysis of aerial 
    photographs taken of the plant in 1958 indicates drainage, from spills 
    or disposal in the storage and process areas, leading to the West Pits. 
    This material, spilled or disposed of at the Site, included leaded tank 
    bottoms, the slop tank contents, the primary separator sludges, and the 
    secondary separator floats. Shallow ground water underlying the Site 
    has been contaminated with leachates from materials spilled or disposed 
    of at the Site, including leaded tank bottoms, slop tank contents, 
    primary separator sludges, and secondary separator floats. BTEX from 
    material spilled or disposed of at the Site, including leaded tank 
    bottoms, slop tank contents, primary separator sludges, and the 
    secondary separator floats has been transported into the ground water. 
    NAPL, including this transported BTEX, has accumulated on the ground 
    water surface.
        On June 24, 1988, EPA proposed to add the Prewitt Abandoned 
    Refinery Site to the NPL of Superfund sites (53 FR 23988, 23998). The 
    final listing was published in the Federal Register on August 30, 1990, 
    (55 FR 33502, 33508).
    
    Surface Response Actions
    
        The Responsible Parties undertook a Remedial Investigation (``RI'') 
    and Feasibility Study (``FS'') for the Site, pursuant to CERCLA and the 
    NCP, and pursuant to an Administrative Order on Consent (CERCLA Docket 
    No. VI-06-22-89). The RI was conducted in two defined Phases during 
    1990 and 1991 to determine the nature and extent of the problem 
    presented by the release of contamination at the Site. Phase I was the 
    initial sampling and analysis phase. The purpose of the Phase II 
    activities was to resolve outstanding issues and fill data gaps 
    remaining at the conclusion of Phase I. During the RI, contamination 
    was detected in the surface soils and the shallow ground water. 
    Utilizing the findings of the RI, the FS was initiated to develop and 
    assess various remediation measures for the areas of contamination at 
    the Site.
    
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        Using the data gathered during the RI, the Responsible Parties 
    conducted a risk assessment to characterize the existing and potential 
    threats to human health and the environment that could have been posed 
    by the contamination at the Site under various possible exposure 
    scenarios including future residential use of the property.
        As part of the RI, a baseline risk assessment was conducted for the 
    Site. This assessment indicated that, if not addressed, contamination 
    existing in the surface soils and ground water at the Site would pose 
    unacceptable health risks to persons living on the former Site, if the 
    Site was redeveloped for residential purposes. Contaminants in on-site 
    waste ponds posed an additional lifetime cancer risk of approximately 
    1.4 x 10-3. Contaminants outside the fence, but inside the 
    Site, posed an additional cancer risk of approximately 
    3.6 x 10-3. The target additional cancer risk range for 
    Superfund actions is 1 x 10-4 to 1 x 10-6. The 
    overall risk at the Site was driven by ``hotspots.'' These ``hotspots'' 
    contained contaminant concentrations above health-based action levels. 
    These areas were the areas which were targeted for remediation. The 
    vertical tank and former office areas contained lead hotspots, with 
    concentrations of lead in soil as high as 129,000 parts per million 
    (ppm). This concentration exceeded both residential and industrial 
    cleanup standards. Lead concentrations ranged from 3 to 129,000 ppm in 
    soil samples throughout the Site. Most lead concentrations diminished 
    to background concentrations at soil depths below 2 feet.
        The baseline risk assessment also indicated that the additional 
    cancer risks associated with exposure to surface soils at the Site are 
    caused primarily by Polynuclear Aromatic Hydrocarbons (``PAH'') at or 
    near the ground surface, particularly:
         Benzo(a)pyrene
         Benzo(a)anthracene
         Benzo(b)fluoranthene
         Benzo(k)fluoranthene
        The projected additional lifetime cancer risk, assuming future 
    residential land use, posed by the PAHs in the soil in the area outside 
    the fence, inclusive of the North Pit area and tarry areas along the 
    railroad track, was estimated to be 6 X 10-3.
        Asbestos in soil had been observed at and near the ground surface 
    in the central portion of the Site. An extensive asbestos abatement 
    program was performed by the Responsible Parties in 1990. The abatement 
    was conducted for purposes of protecting workers during RI field 
    activities. Approximately 800 cubic yards of asbestos-containing soils 
    were removed from the Site and buried in an off-site landfill permitted 
    for the disposal of asbestos. Upon completion of the 1990 asbestos 
    abatement, limited amounts of asbestos-contaminated materials remained 
    in the Process and Compressor areas of the Site.
        In the risk assessment, an evaluation of the risks associated with 
    inhalation exposure to contaminated wind-borne particulates at the 
    Site, again assuming that the Site was developed for residential use, 
    was also performed. The resulting additional carcinogenic risk was 
    calculated at less than 10-7, below the target additional 
    risk range set in the NCP.
        Overall, contaminants of potential concern found at the Site and 
    identified by the Risk Assessment represent constituents common to 
    materials handled at petroleum refineries. The contaminants were used 
    in the risk evaluation based upon their toxicity, the frequency of 
    detection, and the concentrations found at the Site. The contaminants 
    that contribute most significantly to human health risks at the Site 
    are: (1) for ground water: BTEX, lead and 1, 2 dichloroethane; and (2) 
    for soils: lead, PAHs, and asbestos. Other contaminants detected at the 
    Site above background concentrations included chromium, beryllium, 
    antimony, mercury, nickel, and cadmium. Each of these constituents were 
    included in risk calculations, but it was determined that these other 
    constituents do not contribute significantly to carcinogenic or 
    noncarcinogenic health risks at the concentration levels detected at 
    the Site.
        On September 30, 1992, based on the results of these studies, EPA 
    issued a Record of Decision (``ROD'') for the entire Site presenting 
    EPA's decision to remediate the surface by: (1) excavation and off-site 
    disposal of lead contaminated soils; (2) excavation and off-site 
    disposal of asbestos-containing materials and soils; (3) excavation and 
    landfarming of hydrocarbon-contaminated soils and sludges; and (4) 
    excavation and off-site disposal of the separator and its contents. The 
    ROD also required that the subsurface be remediated through soil vapor 
    extraction and ground water extraction and reinjection.
        All of the response actions at the entire Site were conducted by 
    the Responsible Parties with oversight by the EPA, NMED and the NSO.
    
    Community Involvement
    
        The requirements of CERCLA Sections 113(k)(2)(B) (i) through (v) 
    and 117, 42 U.S.C. Secs. 9613(k)(2)(B) (i) through (v) and 9617, were 
    met during the remedy selection process, as illustrated in the 
    following discussion.
        A series of community interviews near the Site was conducted prior 
    to, and upon, listing of the Site on the NPL. Fact sheets summarizing 
    the progress of the RI/FS at the Site were mailed out in September 1990 
    and July 1991. These fact sheets were mailed out to all individuals on 
    the Site mailing list, which has been continually updated as Site 
    activities progress.
        The RI and FS Reports and the Proposed Plan for the Prewitt 
    Abandoned Refinery Site were released to the public on July 18, 1992. 
    These documents were made available to the public in the Administrative 
    Record and the information repositories which are maintained at the 
    Prewitt Fire House, Prewitt, New Mexico, at the New Mexico Environment 
    Department, Santa Fe, New Mexico, the Navajo Superfund Office in Window 
    Rock, Arizona, and at the EPA Region 6 Library in Dallas, Texas. A 
    summary of the Proposed Plan and the notice of availability of these 
    documents and the Administrative Record was published in the Gallup 
    Independent and Navajo Times newspapers on July 16, 1992. EPA held a 
    public comment period regarding the Proposed Plan, the RI and FS 
    Reports, as well as the Administrative Record from July 18, 1992, 
    through August 17, 1992. Due to a delay in delivering the 
    Administrative Record Files to the Repositories, and due to a request 
    for an extension of the public comment period, the public comment 
    period was extended to September 18, 1992. A notice of the extension of 
    the public comment period was published in the Gallup Independent on 
    July 30, 1992, and was announced at the July 29, 1992, public meeting.
        An informal Open House was held on April 14, 1992, at the Prewitt 
    Fire House in Prewitt, New Mexico. At the Open House, EPA informed the 
    public that the investigations regarding the Site were completed and 
    that a Proposed Plan would be issued in the future. Additionally, a 
    public meeting was held by EPA on July 29, 1992, at the Prewitt Fire 
    House. At the request of the Navajo Nation's Baca Chapter, a second 
    Public Meeting in English and Navajo was held by EPA on September 3, 
    1992, at the Baca Chapter House. Representatives from EPA participated 
    in this meeting and answered questions about problems at the Site and 
    the remedial alternatives under consideration. A response to the 
    comments received during this public comment period, including those 
    expressed verbally at the public meetings, was included in the
    
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    Responsiveness Summary, which was included as part of the ROD.
        On September 30, 1992, EPA issued a ROD for the Site, on which the 
    State gave its concurrence. The ROD embodies EPA's decision on the 
    remedial action for the entire Site. The ROD presents the selected 
    remedial action for the Site, chosen in accordance with CERCLA, as 
    amended by Superfund Amendments and Reauthorization Act (SARA), and, to 
    the extent practicable, the NCP, 40 CFR part 300. The ROD is supported 
    by an administrative record that contains the documents and information 
    upon which EPA based the selection of the response action.
    
    Current Status
    
        Based on the Responsible Parties' successful completion of: (1) 
    excavation and disposal of the lead-contaminated soils and the 
    asbestos-contaminated materials and soils; (2) the disposal of the 
    separator and its contents; and (3) the expedited landfarming of the 
    hydrocarbon-contaminated soils and sludges, EPA has determined that no 
    further CERCLA actions are necessary to address the surface of the Site 
    for the protection of human health and the environment. On August 22, 
    1996, EPA issued a Superfund Preliminary Site Closeout Report 
    documenting that construction of the remedy for the Prewitt Refinery 
    Site was completed in accordance with OSWER Directive 9320.2-09. 
    Confirmation sampling indicates that the remedial action goals and 
    objectives set forth in the ROD have been met for the surface portion 
    of the Site.
        While EPA does not believe that any future response actions for the 
    surface portion of the Site will be needed, if future conditions 
    warrant such action, the surface areas which EPA proposes to delete 
    from the NPL remain eligible for future Fund-financed response actions. 
    Furthermore, this partial deletion does not alter the status of the 
    subsurface portion of the Site which is not proposed for deletion and 
    remains on the NPL.
        EPA, with concurrence from the State of New Mexico and the Navajo 
    Nation, has determined that all appropriate CERCLA response actions 
    have been completed for the surface portion of the Site, and that 
    protection of human health and the environment has been achieved in the 
    surface areas of the Site. Therefore, EPA makes this proposal to delete 
    only the surface portion of the Prewitt Abandoned Refinery Superfund 
    Site from the NPL.
    
        Dated: July 7, 1997.
    Lynda F. Carroll,
    Acting Regional Administrator, U.S. Environmental Protection Agency, 
    Region 6.
    
    Appendix A--Docket Information
    
        Deletion Docket--Notice of Intent for Partial Deletion of the 
    Prewitt Abandoned Refinery Superfund Site, Prewitt, New Mexico, 
    surface portion, from the Superfund National Priorities List
         Prewitt Abandoned Refinery Superfund Site 
    Administrative Record Index: September 30, 1992.
         Unilateral Administrative Order Docket Number 6-17-93 
    for the performance of the Remedial Design and Remedial Action at 
    the Prewitt Abandoned Refinery Superfund Site: May 14, 1994.
         Remedial Design and Specifications for the surface 
    remediation component: January 1995.
         Remedial Design for the landfarm: October 1995.
         Remedial Action Work Plan: January 1996.
         Construction Completion Report: July 1996.
         Remedial Action Completion Report for the surface 
    remediation component: March 1996
         Superfund Preliminary Closeout Report: August 22, 1996.
         Remedial Action Completion Report for the landfarm: 
    February 1997
         Concurrence letter dated November 12, 1996, from the 
    State of New Mexico through the New Mexico Environment Department 
    agreeing with EPA's proposal to delete the surface portion of the 
    Site from the National Priorities List.
         Concurrence letter dated March 4, 1997, from the Navajo 
    Nation through the Navajo Nation Superfund Office agreeing with 
    EPA's proposal to delete the surface portion of the Site from the 
    National Priorities List.
         Notice of Intent for Partial Deletion of the surface 
    portion of the Prewitt Abandoned Refinery Superfund Site, surface 
    portion only, from the National Priorities List.
    
    Appendix B--Site Coordinates
    
        1. 35 deg.26' 55.30'' North Latitude--108 deg.01' 56.99'' West 
    Longitude
        2. 35 deg.26' 45.62'' North Latitude--108 deg.02' 02.50'' West 
    Longitude
        3. 35 deg.25' 33.05'' North Latitude--107 deg.57' 58.08'' West 
    Longitude
        4. 35 deg.25' 07.99'' North Latitude--107 deg.58' 15.40'' West 
    Longitude
        5. 35 deg.26' 49.34'' North Latitude--108 deg.02' 49.01'' West 
    Longitude
        6. 35 deg.26' 29.31'' North Latitude--108 deg.03' 05.30'' West 
    Longitude
        7. 35 deg.25' 24.04'' North Latitude--108 deg.02' 56.81'' West 
    Longitude
        8. 35 deg.24' 47.46'' North Latitude--108 deg.02' 09.29'' West 
    Longitude
        9. 35 deg.23' 49.20'' North Latitude--107 deg.59' 33.66'' West 
    Longitude
        10. 35 deg.25' 10.10'' North Latitude--107 deg.58' 49.16'' West 
    Longitude
    [FR Doc. 97-26185 Filed 10-3-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
10/06/1997
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Notice of intent for partial deletion of the Prewitt Abandoned Refinery Superfund Site from the National Priorities List.
Document Number:
97-26185
Dates:
The EPA will accept comments concerning its proposal for partial deletion until November 5, 1997.
Pages:
52074-52078 (5 pages)
Docket Numbers:
FRL-5898-1
PDF File:
97-26185.pdf
CFR: (1)
40 CFR 300.425(e)