[Federal Register Volume 61, Number 71 (Thursday, April 11, 1996)]
[Proposed Rules]
[Pages 16068-16073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8818]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5456-6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of the RSR Corporation
Superfund Site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces
its intent to delete the residential portions of the RSR Corporation
Superfund Site (RSR Site) known as Operable Unit (OU) Nos. 1 and 2 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 proposal for partial deletion pertains to OU No. 1, which
includes all privately owned residential properties and residential
high risk areas, such as schools and day care centers, located in the
RSR site. In addition, this proposal for partial deletion pertains to
OU No. 2, which includes the public residential housing area located in
RSR Site that is currently owned by the Dallas Housing Authority (DHA).
EPA has issued no further action Records of Decision (RODs) for OU Nos.
1 and 2. EPA bases its proposal to delete OU Nos. 1 and 2 on the
determination by EPA and the State of Texas, through the Texas Natural
Resource Conservation Commission (TNRCC), that all appropriate actions
under CERCLA have been implemented to protect human health, welfare and
the environment at OU Nos. 1 and 2.
This partial deletion pertains only to OU Nos. 1 and 2 of the RSR
Site and does not include OU Nos. 3, 4 and 5. OU Nos. 3, 4 and 5 will
remain on the NPL, and response activities will continue at those OUs.
DATES: The EPA will accept comments concerning its proposal for partial
deletion for thirty (30) days after
[[Page 16069]]
publication of this document in the Federal Register and a newspaper of
record.
ADDRESSES: Comments may be mailed to: Ms. Olivia Rodriguez Balandran,
Community Relations Coordinator, U.S. EPA, Region 6 (6SF-P), 1445 Ross
Avenue, Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6484.
INFORMATION REPOSITORIES: Comprehensive information on the RSR 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 OU Nos. 1 and 2 and the Deletion Docket for
this partial deletion are maintained at the following RSR 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 665-6427, Hours of
Operation: M-F 8:00 a.m. to 4:30 p.m.
Dallas Public Library, 2332 Singleton Blvd., Dallas, Texas 75212, (214)
670-6445, Hours of Operation: M and W 10 a.m.-6 p.m., T and Th 10 a.m.-
8 p.m. Sat 10 a.m.-5 p.m.
Texas Natural Resource Conservation Commission, 12118 North IH 35,
Technical Park Center, Room 190, Building D, Austin, Texas 78753, (512)
239-2920 Hours of Operation: M-F 8:00 a.m.-5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Carlos A. Sanchez, Project
Manager, U.S. EPA, Region 6 (6SF-AT), 1445 Ross Avenue, Dallas, Texas
75202-2733, (214) 665-8507.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
Appendix
A. Deletion Docket
B. Site Coordinate Boundaries
I. Introduction
The United States Environmental Protection Agency (EPA) Region 6
announces its intent to delete a portion of the RSR Corporation
Superfund Site (RSR Site) located in, Dallas, Dallas County, Texas,
(Figure 1) from the National Priorities List (NPL), which constitutes
Appendix B of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), 40 CFR part 300, and requests comments on this
proposal. This proposal for partial deletion pertains to OU No. 1,
which consists of all privately owned residential properties and
associated residential high risk areas, such as schools, churches and
day care centers in the RSR Site. OU No. 1 is bounded on the north and
east by the Trinity River, on the south by Ft. Worth Avenue and Davis
Street, and on the west by State Highway Loop 12 (Walton Walker Blvd.)
and the Dallas city limits at the levee (approximately 1/2 mile west of
Loop 12). In addition, this proposal for partial deletion pertains to
OU No. 2, which includes the public residential housing area in the RSR
Site that is currently owned by the Dallas Housing Authority (DHA). OU
No. 2 is bounded by Westmoreland Road to the west, Hampton Road to the
east, Canada Drive to the north and Singleton Boulevard to the south.
BILLING CODE 6560-50-P
[[Page 16070]]
[GRAPHIC] [TIFF OMITTED] TP11AP96.000
BILLING CODE 6560-50-C
[[Page 16071]]
In OU Nos. 1 and 2, extensive sampling and risk assessments have
been completed at all private and public residential properties and
residential high risk areas and cleanups performed to remove
contamination related to a former secondary lead smelter to residential
action levels. In OU No. 1 EPA implemented investigations and response
actions at residential properties where property owners granted
voluntary access for the performance of the activities. Of
approximately 1,000 residential property owners only 30 refused to
provide EPA voluntary access for the response activities. Since it is
EPA's policy not to conduct response activities at private residential
property without first obtaining permission from the resident, EPA did
not perform certain CERCLA response actions at the locations where
access was denied. Based on the investigation and cleanup efforts, on
May 9, 1995, EPA issued a Record of Decision for OU No. 1 stating that
no further action is necessary to protect human health and the
environment. Similarly, based on extensive investigations and cleanup
efforts in OU No. 2, on May 9, 1995, EPA issued a Record of Decision
for OU No. 2 stating that no further action is necessary to protect
human health and the environment in OU No. 2.
EPA proposes to delete OU Nos. 1 and 2 because all appropriate
CERCLA response activities have been completed in those areas. However,
response activities at OU Nos. 3, 4, and 5 of the RSR Site are not yet
complete, and OU Nos. 3, 4, and 5 will remain on the NPL and are not
the subject of this partial deletion.
The NPL is a list maintained by EPA of sites that EPA has
determined present a significant risk to public health, welfare, or the
environment. 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 actions 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 and a newspaper of record.
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 actions at the area deleted if
future site conditions warrant such actions. 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 OU
Nos. 1 and 2 of the RSR Site:
(1) EPA has recommended the partial deletion and has prepared the
relevant documents.
(2) The State of Texas through TNRCC concurred by letter dated
January 8, 1996, with this partial deletion.
(3) Concurrent with this national Notice of Intent for Partial
Deletion, a notice has been published in a newspaper of record and 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 a
newspaper of record.
(4) EPA has made all relevant documents available at the
information repositories listed previously.
This Federal Register notice, and a concurrent notice in a
newspaper of record, 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 OU Nos. 1 and 2 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
previously. Members of the public are encouraged to contact EPA Region
6 to obtain a copy of the Responsiveness Summary. If, after review of
all public 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 OU Nos. 1 and 2 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 OU Nos. 1
and 2 from the NPL and EPA's finding that the criteria in 40 CFR
300.425(e) are satisfied:
Background
The RSR Site is located in west Dallas, Texas and encompasses an
area of approximately 13.6 square miles. The RSR Site is very diverse
and includes large single and multi-family residential neighborhoods,
multi-family public housing areas and some industrial, commercial and
retail establishments. Contamination at the RSR Site originated from
the operation of a secondary lead smelter facility located in the heart
of west Dallas for approximately 50 years. Specifically, contamination
of the RSR Site resulted from the fallout of historical air emissions
from the smelter stack, from the use by residents of lead slag and
battery casing chips as fill material in residential driveways and
yards and from the disposal of smelter wastes in
[[Page 16072]]
several disposal areas, including two locations operated as local
municipal landfills. Lead, cadmium and arsenic are the primary
contaminants of concern at the RSR Site.
In order to expedite Superfund response actions at this large site,
especially with regard to the residential areas, EPA divided the RSR
Site into five Operable Units (OUs), Figure 1:
OU No. 1--Private Residential Properties
OU No. 2--Dallas Housing Authority (DHA) Property
OU No. 3--Slag Piles/Landfills
OU No. 4--Smelter Facility
OU No. 5--Other Industrial Property Associated with the
Smelter
EPA has been investigating, conducting human health risk
assessments and making CERCLA response action decisions for each OU
separately.
OU No. 1 includes private residential properties and high risk
locations such as schools, church play areas, parks, and day care
facilities. Industrial, commercial, and retail establishments are not
included in OU No. 1. OU No. 1 is bounded on the north and east by the
Trinity River, on the south by Ft. Worth Avenue, and on the west by
State Highway Loop 12 (Walton Walker Blvd.) and the Dallas city limits
at the levee (approximately \1/2\ mile west of Loop 12). OU No. 1
includes primarily single and multi-family housing and has a population
of approximately 17,000.
Operable Unit No. 2 is an area owned and operated by the Dallas
Housing Authority (DHA), which encompasses approximately 460 acres
within the RSR Site. The OU No. 2 site is bounded by Westmoreland Road
to the west, Hampton Road to the east, Canada Drive to the north and
Singleton Boulevard to the south. OU No. 2 includes primarily public
multi-family housing, schools, parks, recreation facilities, and a day
care center.
For approximately 50 years, secondary lead smelting operations were
conducted at the smelter facility located near the center of the RSR
Site. An extensive review of available historical information
concerning the smelter's operation indicates that from approximately
1934 until 1971, the lead smelting facility was owned and/or operated
by Murph Metals, Inc. or its predecessors. In 1971, RSR Corporation
acquired the lead smelting operation and operated the smelter under the
name Murph Metals until March 1984 when a Federal Trade Commission
divestiture order resulted in the acquisition of the smelter in May
1984 by the current owner, Murmur Corporation. In 1983, the City of
Dallas declined to renew the smelter's operating permit. This decision
was based on the smelter's historic operational practices and changes
in the City's zoning ordinance restrictions. As a result, the smelter
closed in 1984 and has not operated since that time.
The smelter facility currently consists of two properties separated
by Westmoreland Road. The smelter building, stack and other associated
buildings, which are no longer in use, are situated on one property (OU
No. 4), while a disassembled battery wrecking building and abandoned
disposal areas exist on the property across Westmoreland Road (OU No.
5). Currently, Murmur Corporation is conducting the only active site
operations, which consist of a lead manufacturing and fabricating
facility producing lead shot and lead sheets for hospital x-ray rooms.
As a result of a lawsuit brought by the City of Dallas and the
Texas Air Control Board against RSR Corporation and Murph Metals, in
1983 RSR/Murph by court order was required to fund a cleanup of the
residential community within one-half mile of the smelter. The cleanup
was conducted from 1984 through 1985 and required the removal and
offsite disposal of soils in residential areas and public play areas
and day care centers that exceeded approximately 1,000 ppm lead
concentration. The cleanup action conducted from 1984 through 1985
exceeded recommendations made by the Center for Disease Control (CDC)
and was considered a protective and appropriate action at that time.
Concerns about lead contamination in the west Dallas area re-
emerged in 1991 when TNRCC (formerly the Texas Water Commission) began
receiving complaints from area residents about residual slag piles and
battery chips allegedly originating from the former RSR Corporation
facility in areas beyond the original cleanup area. In addition, in
1991 the CDC lowered the blood lead level of concern. Consequently,
TNRCC requested that EPA re-evaluate the areal extent of smelter
contamination in west Dallas.
On May 10, 1993, EPA proposed to add the RSR Corporation Site to
the National Priorities List (NPL) of Superfund sites (58 Fed. Reg.
27,507). The final listing was published in the Federal Register on
September 29, 1995 (60 FR 50435).
OU NO. 1 Response Actions
EPA began soil sampling in west Dallas in 1991 to determine the
presence of soil contamination from the RSR smelter. Results indicated
that areas previously cleaned in the 1980s were not recontaminated and
did not require further cleanup, but that contamination existed beyond
the area formerly addressed in areas near the smelter and in areas
where battery chips were used as fill. Consequently, EPA initiated an
emergency removal action in the residential and high risk areas
(designated OU No. 1) consisting of removal and offsite disposal of
soils and debris contaminated in excess of the residential removal
action cleanup levels of 500 ppm lead, or 20 ppm arsenic, or 30 ppm
cadmium. EPA conducted removal activities at 420 residential properties
and high risk areas at OU No. 1 of the RSR Site from October 1991 to
June 1994.
In addition to the removal action, EPA conducted a remedial
investigation and a baseline human health risk assessment at OU No. 1
to determine the extent of contamination and long-term cleanup goals
for OU No. 1. On May 9, 1995, based on the results of these studies and
the completion of the removal action EPA, issued a ROD for OU No. 1
presenting EPA's decision that no further CERCLA action is necessary to
protect human health and the environment.
All of the response actions at OU No. 1 were conducted using funds
from the Hazardous Substance Superfund.
OU NO. 2 Response Actions
On August 9, 1993, EPA entered into a CERCLA Administrative Order
on Consent (AOC), Docket No. 6-21-93, with DHA, under which DHA agreed
to conduct a remedial investigation and feasibility study (RI/FS) and,
in addition, to conduct demolition and removal actions at OU No. 2.
Under the AOC, DHA was required to perform the removal and demolition
activities in the same manner and in accordance with the removal action
performed by EPA at the residential areas in OU No. 1. Pursuant to the
AOC, DHA excavated and removed contaminated soils with concentrations
equal to or in excess of residential action levels, and disposed of
those soils in appropriate and permitted offsite landfills. In
addition, DHA demolished 167 buildings using methods approved by EPA to
prevent public exposure to contaminants that may have been contained in
the building materials. DHA's demolition and removal actions were
performed with the oversight and approval of EPA and were completed in
March 1995. TNRCC also provided oversight support, and DHA coordinated
and received approval from TNRCC for the disposal of materials to
offsite landfill facilities.
[[Page 16073]]
Concurrent with DHA's investigation and removal activities, EPA
conducted a human health risk assessment for OU No. 2. Based on the
results of these studies and on the completion of the removal and
demolition activities, on May 9, 1995, EPA issued a ROD for OU No. 2
presenting its decision that no further CERCLA action is necessary to
protect human health and the environment at OU No. 2.
Community Involvement
Public participation activities for OU Nos. 1 and 2 have been
satisfied as required in CERCLA Section 113(k), 42 U.S.C. Sec. 9613(k),
and Section 117, 42 U.S.C. Sec. 9617. The Remedial Investigation
Reports, Baseline Human Health Risk Assessment Reports and the Proposed
Plans for OU Nos. 1 and 2 were released to the public on November 18,
1994. These documents as well as other documents and information EPA
relied on or considered in recommending that no further action was
necessary at these OUs were compiled for OU Nos. 1 and 2 and were made
available to the public on or before November 18, 1994. Such documents
have been available to the public in the three RSR Site information
repositories. The notice of the availability of the Proposed Plan and
supporting documents was published in The Dallas Morning News on
November 14, 1994. The public comment period was held from November 18,
1994 through January 18, 1995. A Public meeting was held on December 1,
1994, to receive public comments from the community. In addition, legal
and technical representatives from EPA participated in a radio talk
show on January 15, 1995, to receive public comments and answer
questions from citizens. Responses to all comments received during the
public comment period are included in the Responsiveness Summary
attached to the RODs for OU Nos. 1 and 2.
On May 9, 1995, EPA issued a ROD for OU No. 1 and a ROD for OU No.
2 presenting EPA's decisions that no further action is necessary at OU
Nos. 1 and 2 of the RSR Site in Dallas, Texas for protection of human
health and the environment. EPA's decisions are based on information
contained in the final Administrative Records for OU Nos. 1 and 2. The
final Administrative Records for the two OUs are available at the RSR
Site information repositories.
Current Status
Based on the successful completion of EPA's and DHA's removal
actions and the extensive investigations and risk assessments performed
for both OU No. 1 and OU No. 2, there are no further response actions
planned or scheduled for these OUs. Pursuant to the NCP, a five-year
review will not need to be performed at OU Nos. 1 and 2.
While EPA does not believe that any future response actions in OU
Nos. 1 and 2 will be needed, if future conditions warrant such action,
the proposed deletion areas of the RSR Site remain eligible for future
Fund-financed response actions. Furthermore, this partial deletion does
not alter the status of OU Nos. 3, 4, and 5 of the RSR Site which are
not proposed for deletion and remain on the NPL.
EPA, with concurrence from the State of Texas, has determined that
all appropriate CERCLA response actions have been completed at OU Nos.
1 and 2 and protection of human health and the environment has been
achieved in these areas. Therefore, EPA makes this proposal to delete
only OU Nos. 1 and 2 of the RSR Corporation Superfund Site from the
NPL.
Dated: March 25, 1996.
A. Stanley Meiburg,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region 6.
Appendix A--Docket Information
Deletion Docket--Notice of Intent for Partial Deletion of the RSR
Corporation Superfund Site, Dallas, Texas; Operable Units Nos. 1
and 2 From the Superfund National Priorities List
RSR Corporation Superfund Site Administrative Record
Index, Operable Unit No. 1, May 9, 1995.
RSR Corporation Superfund Site Administrative Record
Index, Operable Unit No. 2, May 9, 1995.
Concurrence letter dated January 8, 1996, from the
State of Texas through the Texas Natural Resource Conservation
Commission agreeing with EPA's proposal to delete OU Nos. 1 and 2 of
the RSR Site from the National Priorities List.
Notice of Intent for Partial Deletion of the RSR
Corporation Superfund Site, Operable Units Nos. 1 and 2, from the
National Priorities List.
Appendix B--Site Coordinate
RSR Corporation Superfund Site, Dallas, Texas; Site Coordinate
Boundaries
The RSR Corporation Superfund Site Operable Unit No. 1 is
generally bounded by the following longitude and latitude coordinate
points:
1. 96 deg. 49' 14''
32 deg. 46' 09''
2. 96 deg. 52' 47''
32 deg. 44' 58''
3. 96 deg. 55' 06''
32 deg. 44' 58''
4. 96 deg. 55' 31''
32 deg. 46' 50''
5. 96 deg. 54' 20''
32 deg. 47' 43''
6. 96 deg. 51' 13''
32 deg. 47' 36''
7. 96 deg. 49' 30''
32 deg. 46' 44''
The RSR Corporation Superfund Site Operable Unit No. 2 is
generally bounded by the following longitude and latitude coordinate
points:
1. 96 deg. 51' 23''
32 deg. 46' 40''
2. 96 deg. 52' 25''
32 deg. 46' 43''
3. 96 deg. 52' 25''
32 deg. 47' 33''
4. 96 deg. 51' 22''
32 deg. 47' 31''
The residential removal boundaries were based on access
agreements with the property owners identified through City of
Dallas zoning maps that described the property coordinates.
[FR Doc. 96-8818 Filed 4-10-96; 8:45 am]
BILLING CODE 6560-50-P
