[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26022]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5094-6]

 

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete Suffolk City Landfill from the 
National Priorities List: Request for Comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region III announces 
its intent to delete the Suffolk City Landfill from the National 
Priorities List (NPL) and requests public comment on this action. The 
NPL constitutes appendix B of 40 CFR part 300 which is the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP), which EPA 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 
42 U.S.C. 9605. EPA has determined that all appropriate CERCLA response 
actions have been implemented and that no further CERCLA response 
actions are appropriate. Moreover, EPA has determined that all CERCLA 
response actions conducted at the Site to date have been protective of 
public health, welfare, and the environment. The Commonwealth of 
Virginia has concurred with these determinations.

DATES: Comments concerning this Site may be submitted on or before 
November 21, 1994.

ADDRESSES: Comments may be mailed to Ronnie M. Davis, Remedial Project 
Manager, Superfund General Remedial Branch (3HW40), Environmental 
Protection Agency, 841 Chestnut Street, Philadelphia, PA 19107.
    Comprehensive information on this Site is available through the 
Region III public docket in Philadelphia and the Suffolk City Landfill 
Site information repository at the Morgan Memorial Library, 443 West 
Washington Street, Suffolk, Virginia.

FOR FURTHER INFORMATION CONTACT: Ronnie M. Davis, U.S. EPA Region 3, 
841 Chestnut Street, Philadelphia, PA 19107, (215) 597-1727.

SUPPLEMENTARY INFORMATION:

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA) Region III announces its 
intent to delete a site from the National Priorities List (NPL), 
Appendix B of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 40 CFR part 300, as amended, and requests 
comments on this deletion. EPA identifies sites that present 
significant risks to human health or the environment and maintains the 
NPL as the list of the worst of those sites. Sites on the NPL may be 
remediated using the Hazardous Substances Superfund. As described in 
Sec. 300.425(e) of the NCP, any sites deleted from the NPL remain 
eligible for Fund-financed remedial actions in the unlikely event that 
conditions at the site warrant such action.
    EPA plans to delete the Suffolk City Landfill Site in Suffolk, 
Virginia from the NPL.
    EPA will accept comments on this Site for thirty days after 
publication of this document in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that the EPA is using 
for this action. Section IV discusses the Suffolk City Landfill and 
explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP, 40 CFR 300.425(e), 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, EPA shall consider, in consultation with the 
state, whether any of the following criteria have been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed 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, taking of remedial measures is not appropriate.
    Releases may not be deleted from the NPL until the state in which 
the release was located has concurred on the proposed deletion. EPA is 
required to provide the State 30 working days for review of the 
deletion notice prior to publication in the Federal Register.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual right or obligations. The NPL is designed 
primarily for information purposes and to assist Agency management.

III. Deletion Procedures

    Section 300.425(e)(4) of the NCP, 40 CFR 300.424(e)(4), sets forth 
requirements for deletion to assure public involvement in the decision. 
During the proposal to delete a release from the NPL, EPA is required 
to:
    (i) Publish a notice of intent to delete in the Federal Register 
and solicit comment through a public comment period of a minimum of 30 
calendar days;
    (ii) Publish a notice of availability of the notice of intent to 
delete in a major local newspaper of general circulation at or near the 
release that is proposed for deletion;
    (iii) Place copies of information supporting the proposed deletion 
in the information repository, described in Sec. 300.430(c)(2)(iii) of 
the NCP, at or near the release proposed for deletion; and
    (iv) Respond to each significant comment and any significant new 
data submitted during the comment period and include this response 
document in the final deletion package.
    EPA must further place the final deletion package in the local 
information repository once the notice of final deletion has been 
published in the Federal Register.
    This Notice of Intent to Delete, together with a concurrent notice 
in the local newspaper in the vicinity of the Site, announce the 
initiation of a 30-day public comment period. The public is asked to 
comment on EPA's intention to delete the Site from the NPL. All 
documents supporting EPA's decision to delete the Site from the NPL are 
available for inspection by the public at the information repository in 
the vicinity of the Site and the EPA Region III office.
    EPA will accept and evaluate public comments on this Notice of 
Intent to Delete before making a final decision on the deletion. EPA 
will then prepare a Responsiveness Summary which identifies and 
addresses significant comments received during the public comment 
period.
    The final deletion decision is made following consideration of 
comments received during the comment period. The deletion occurs when a 
final deletion notice is published in the Federal Register. Generally, 
the NPL will reflect deletions in the final update following the notice 
of deletion. Public notices and copies of EPA's response to public 
comments received during the comment period will be made available for 
inspection by the public by the Regional Office.

IV. Basis for Intended Site Deletion

    The Suffolk City Landfill Site, also known as the Hosier Road 
Landfill Site, is a 67-acre parcel situated east of Hosier Road 
(Virginia Route 604) in the City of Suffolk, Virginia. To the north of 
the Site is a 37-acre borrow area from which current cover material for 
the landfill was obtained. Bordering the Site to the east is 
undisturbed upper reaches of Pocosin Swamp, and an escarpment that 
defines the western boundary of the Great Dismal Swamp. To the 
southeast of the Site lies a privately-owned road. Two unnamed streams 
(unnamed streams N and E) are located north and east of the Site. These 
streams meet in an area adjacent to and northeast of the Site before 
emptying into the Pocosin Swamp, located east of the Site. There are 
about 40 to 45 residences located within one mile of the Site. Most of 
these residences are in areas south of the Site, where groundwater is 
the primary source of drinking water.
    The City of Suffolk operated an unlined landfill at the Site from 
approximately 1967 to January 1985. The landfill received municipal 
solid waste primarily from the City and, before 1974, Nansemond County. 
The permit for the operation of the landfill was reissued in June 1983. 
The reissued permit required the City to close the landfill when the 
regional landfill became operational and to implement a closure plan 
which had been submitted to the Virginia Department of Health (VDOH).
    In preparing to implement the closure plan, the City discovered 
documentation indicating that several tons of debris that contained 
pesticides had been disposed of in the landfill in 1970. The disposed 
pesticides, which were damaged by a fire at the Dixie Guano Company, 
included Disulfoton, Cu7 Sulfur, 7 Sulfur, Thimet, and Cyanox. On June 
3, 1970, the Tri-County Health District, the former Nansemond County 
(now City of Suffolk), State Water Control Board, the Virginia 
Department of Agriculture, and the Industrial Hygiene Department 
decided that the remaining pesticides would be disposed in a lime-lined 
trench that would be covered with lime and two feet of soil. The lime 
would promote hydrolytic processes that break down the pesticides. 
According to a June 5, 1970 VDOH memo, the pesticides were treated with 
lime and covered with two feet of soil in two trenches of approximately 
120 feet long x 25 feet wide x 3 feet deep.
    EPA completed a Preliminary Assessment in April 1985 and a Site 
Inspection in July 1986. As a result of these efforts and a Hazard 
Ranking System (HRS) scoring of the Site, EPA proposed to include the 
Site on the NPL in June 1988 and finalized the inclusion in February 
1990.
    In early 1989, the City placed an impermeable tarpaulin plastic 
liner over the pesticide disposal area to prevent surface water 
infiltration through the soil cover. The liner covers an area of 
approximately 100 feet long x 36 feet wide. A warning sign is currently 
posted next to the pesticide disposal area.
    In June 1989, the City and the Virginia Department of Waste 
Management (VDWM) entered into an Administrative Order on Consent (AOC) 
which required the City to conduct a remedial investigation and 
feasibility study (RI/FS) to determine the nature and extent of 
contamination and to develop and evaluate cleanup alternatives. The AOC 
additionally required that the City implement a temporary leachate 
collection system (TLCS). The TLCS has been implemented and is 
currently being operated by the City Department of Public Works. The 
collected leachate has been periodically sampled and transported to 
Hampton Roads Sanitation District (HRSD) sewage treatment plant for 
treatment in accordance with a permit issued by HRSD.
    During the remedial investigation (RI), surface water, sediment, 
and groundwater samples were taken at locations at and around the Site. 
These samples were analyzed for target pesticides, volatile compounds, 
semivolatile compounds, and metals.
    Although pesticides were the focus of the RI, no pesticides were 
detected in any surface water, sediment, or groundwater samples, 
including samples taken from a groundwater monitoring well located 
immediately downgradient of the pesticide disposal area (HRW-7). In 
addition, no organic compounds were detected at levels that presented 
an unacceptable risk to human health.
    No metal contamination was detected above levels of concern in 
seven of the nine monitoring wells. Slightly elevated levels of arsenic 
were detected in two wells (HRW-3 and HRW-6) in the northern section of 
the landfill. Arsenic concentrations in filtered samples collected from 
these wells were 71.9 and 55.7 g/l, respectively, slightly 
above the Maximum Contaminant Level (MCL) of 50 g/l 
established under the Safe Drinking Water Act.
    In the second sampling round, which was conducted in October 1991, 
the level of chromium detected in an unfiltered sample from one 
monitoring well (HWR-3) was 190 g/l, exceeding the MCL of 100 
g/l. However, chromium was not detected in the filtered sample 
taken from this well for the same sampling event. Chromium levels in 
samples collected in the first sampling round (May 1991) from this well 
were also well below the MCL (23.6 g/l in the unfiltered 
sample and below the detection limit in the filtered sample).
    Surface water sampling in unnamed streams N and E showed arsenic 
and chromium levels well below the Virginia standard acceptable for the 
protection of aquatic life. In addition, the levels of these compounds 
in the stream sediments are below the average levels in soils of the 
eastern United States.
    Sampling of benthic community in a nearby stream was conducted to 
provide further information for the determination whether the Site has 
impacted the surrounding areas. The results of the benthic sampling 
indicated low species diversity of benthic organisms in a sample taken 
in the area immediately downgradient of the landfill near the 
confluence of the unnamed streams N and E. However, subsequent surface 
water/sediment sampling at a nearby location in this stream revealed 
the absence of contamination, indicating the current Site condition was 
not likely the cause for the low benthic species diversity.
    An animal survey in areas around the Site was also conducted. This 
study consisted of a comparison of animal species including mammals, 
birds, reptiles, amphibians, and fish species in areas around the Site 
to determine whether Site contamination has potentially impacted the 
local animal community. The results showed that animal species in 
different areas around the Site are similarly diverse except at the 
benthic location from unnamed stream N in an area northeast of the 
Site.
    Although onsite groundwater in the northern section of the Site 
presents slightly elevated risk, the offsite risks are expected to be 
significantly reduced from the onsite risk levels. As the groundwater 
migrates offsite, the arsenic and metals in the groundwater are 
adsorbed by the soils in the aquifer. Most of the water in the Columbia 
aquifer, the shallow aquifer, discharges into unnamed stream N, where 
surface water/sediment sampling showed no contamination.
    Currently there are no residences in the area where ground-water 
contamination has been observed. There are no residential drinking 
water wells located directly downgradient of the Site. Most residential 
drinking water wells are located upgradient of the Site (south of the 
Site). Groundwater sampling of monitoring wells located along the 
southeastern edge of the Site revealed no contamination, indicating no 
contaminant migration in this direction from the Site.
    In September 1992, EPA issued a Record of Decision (ROD) for the 
Site in which the Agency selected ``No Action.'' EPA concluded that the 
Site poses a risk to human health only in the event that contaminated 
groundwater existing within certain areas of the Site is consumed. No 
consumption of this groundwater is occurring at this time and none is 
expected to occur in the future. Surface water sampling in the nearby 
streams indicates that the contaminant levels are protective of aquatic 
life. EPA concluded that the No-Action remedy is protective of human 
health and the environment and that further remedial action under 
CERCLA is not warranted. The Commonwealth of Virginia concurred with 
this remedy selection.
    The Suffolk City Landfill ceased receiving wastes in 1985, and 
final closure is pending. In accordance with the Virginia Solid Waste 
Management Regulations, the owner/operator (City of Suffolk) must 
implement a groundwater monitoring program to collect ground- water 
samples that are representative of conditions in aquifers beneath the 
Site. EPA will use these ground water sample results to monitor the 
protectiveness of the No Action remedy. The City of Suffolk has 
submitted a monitoring plan, which is still being reviewed by EPA.
    Sampling results indicating that there is no offsite migration of 
contaminants, the low level risk associated with the on-site 
contaminants, and the monitoring requirements which can identify any 
future need for groundwater remediation are major factors leading to 
EPA's decision to delete this Site from the NPL.
    As set forth in the ROD, EPA will conduct five-year reviews in 
accordance with section 121(c) of CERCLA, 42 U.S.C. 9621(c), to assure 
continued protection of human health and the environment.

    Dated: September 1, 1994.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. 94-26022 Filed 10-19-94; 8:45 am]
BILLING CODE 6560-50-P