[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Proposed Rules]
[Pages 61051-61054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29073]
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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.
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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:
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;
Transportation of the excavated material to the Vertac
Chemical Corporation Superfund Site in Jacksonville, Arkansas;
Incineration of the excavated contaminated material and
disposal of residuals at Vertac;
Steam-cleaning and disposal of large items of refuse
removed from contaminated areas at the Jacksonville Site;
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 10 ppb, or
(2) Cumulative Hazard Index >.3 for
2,4,5-T; 2,4,5 TP; and 2,4-DCP;
Institutional controls such as fence maintenance and
restricting the use of ground water; and,
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 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
