[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Proposed Rules]
[Pages 422-425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5127-9]


Intent To Delete Crystal City Airport Superfund Site, Crystal 
City, Zavala County, Texas From the National Priorities List

AGENCY: United States Environmental Protection Agency.

ACTION: Intent to delete the Crystal City Airport Superfund site from 
the National Priorities List: request for comments.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
its intent to delete the Crystal City Airport Superfund site 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 (CERCLA), as 
amended. EPA and the State of Texas (Texas Natural Resource 
Conservation Commission) have determined that all appropriate actions 
under CERCLA have been implemented and that no further cleanup is 
appropriate. Moreover, EPA and the State have determined that response 
activities conducted at the site to date have been protective of public 
health, welfare, and the environment.

DATES: Comments concerning this site may be submitted on or before 
January 30, 1995.

ADDRESSES: Comments may be mailed to: Ms. Olivia Rodriguez, Community 
Relations Coordinator, U.S. EPA, Region 6 (6H-MC), 1445 Ross Avenue, 
Dallas, Texas 75202-2733, (214) 665-6584 or 1-800-533-3508.
    Comprehensive information on this site is available through the EPA 
Region 6 public docket, which is located at EPA's Region 6 library 
office and is available for viewing from 8:00 a.m. to 5:00 p.m., Monday 
through Friday, excluding holidays. The office address is: U.S. EPA, 
Region 6, Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202, 
(214) 665-6424 or 665-6427.
    Background information from the Regional public docket is available 
for viewing at the Crystal City Airport Superfund site information 
repositories located at:

Crystal City Public Library, 101 E. Dimmit, Crystal City, TX 78839.
Environmental Protection Agency, Library, 12th Floor, 1445 Ross Avenue, 
Dallas, Texas 75202.
Texas Natural Resource Conservation Commission, 12118 North 1H-35, 
Building D, Room 190, Austin, Texas 78753, (512) 239-2920.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest R. Franke, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8521 or 1-800-533-
3508. [[Page 423]] 

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 6 announces 
its intent to delete Crystal City Airport Superfund site, Crystal City, 
Zavala County, Texas, from the National Priorities List (NPL), which 
constitutes Appendix B of the National Oil and Hazardous Substances 
Pollution Contingency Plan, 40 CFR Part 300 (NCP), and requests 
comments on the proposed deletion. EPA identifies sites which appear to 
present a significant risk to public health, welfare, or the 
environment and maintains the NPL as the list of those sites. Sites on 
the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund Response Trust Fund (Fund). Pursuant to 
Section 300.425(e)(3) of the NCP, 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 this proposal for 30 days after 
publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures EPA is using for this 
action. Section IV discusses the history of the site and explains how 
it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes criteria which EPA references to delete sites 
from the NPL. In accordance with 40 CFR Section 300.425(e)(1), sites 
may be deleted from or recategorized on the NPL where no further 
response is appropriate. In making a determination to delete a site 
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; or
    (ii) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The remedial investigation has shown the release poses no 
significant threat to public health or the environment and therefore, 
taking of remedial measures is not appropriate.
    Prior to deciding to delete a site from the NPL, EPA must determine 
that the remedy, or existing site conditions at sites where no action 
is required, is protective of public health, welfare and the 
environment.
    Deletion of a site from the NPL does not preclude eligibility for 
subsequent Fund-financed actions if future site conditions warrant such 
actions. Section 300.425(e)(3) of the NCP states Fund-financed actions 
may be taken at sites which are deleted from the NPL.

III. Deletion Procedures

    Upon determination that at least one criteria described in section 
300.425(e)(1) is met, EPA may formally begin deletion procedures. The 
following procedures were used for the proposed deletion of this site:
    1. EPA Region 6 has recommended deletion and prepared the relevant 
documents.
    2. The State of Texas has concurred with the deletion decision.
    3. Concurrent with this National Notice of Intent to Delete, a 
notice will be published in local newspapers and will be distributed to 
appropriate federal, state and local officials and other interested 
parties. This local notice announces a 30-day public comment period on 
the deletion package, which starts two weeks from the date of the 
notice.
    4. Region 6 has made all relevant documents available in the 
Regional office, local site and State of Texas information 
repositories.
    These procedures have been completed for the Crystal City Airport 
Superfund site. The Federal Register notice and concurrent notice in 
the local newspaper in the vicinity of the site announce the initiation 
of a 30-day public comment period and the availability of the Notice of 
Intent to Delete. The public is asked to comment on EPA's intention to 
delete the site from the NPL; all critical documents needed to evaluate 
EPA's decision are included in the information repositories and 
deletion docket.
    Upon completion of the 30-day public comment period, EPA Region 6 
will evaluate these comments before the final decision to delete. If 
necessary, EPA Region 6 will prepare a Responsiveness Summary to 
address those concerns raised by the comments received during the 
public comment period. The responsiveness summary will be made 
available to the public at the information repositories. Members of the 
public are welcome to contact EPA Region 6 to obtain a copy of the 
responsiveness summary when available. If EPA still determines deletion 
from the NPL is appropriate after receiving public comments, a final 
notice of deletion will be published in the Federal Register. However, 
deletion from the NPL will not occur until a notice of deletion is 
published in the Federal Register.

IV. History and Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for deletion 
of the Crystal City Airport Superfund site from the NPL.
    The Crystal City Airport (CCA) Superfund site is located within the 
city limits of Crystal City, Zavala County, in the South-Central 
geographic area of Texas. The population density in the region is low 
and the economy is principally comprised of agriculture, oil and gas 
production. Crystal City is the county seat of Zavala County with 
approximately 8,000 residents from a total county population of 
approximately 11,500. The nearest major population center is San 
Antonio, located about 100 miles northeast of Crystal City.
    The CCA site is owned by the City of Crystal City and encompasses 
approximately 120 acres. Airport facilities include: 3,550-foot asphalt 
runway, an elevated tower equipped with rotating beacon, a windsock, 
paved taxiways, several buildings and foundations. The land surrounding 
the airport property has a variety of uses. A closed municipal 
landfill, also owned by the City of Crystal City, is located directly 
adjacent to the northeast. To the north, the land is used as pasture 
land. Directly west of the site is a private residential area and 
public housing project. Southwest of the site is an elementary school, 
high school and associated athletic fields. South of the site is a 
second residential area. Southeast of the site is more agricultural 
grazing land.
    During World War II, the airport site was owned and operated 
primarily for housing persons detailed by the U.S. Military. The U.S. 
Government deeded the property to the city in 1949. The City of Crystal 
City has operated the facility as a municipal airport since 1949. Under 
lease arrangements with Crystal City, several private companies 
operated aerial pesticide application businesses at CCA in the early 
1950's. By 1982, pesticide application operations were discontinued at 
the airport and former aerial applicators declared bankruptcy, 
abandoning various equipment and numerous deteriorated drums on site.
    The Texas Department of Water Resources (TDWR), the predecessor 
[[Page 424]] agency to both the Texas Water Commission (TWC) and the 
Texas Natural Resource Conservation Commission (TNRCC), initiated a 
preliminary site investigation on April 25, 1983, as requested by local 
officials acting on behalf of concerned citizens. On June 13 and June 
23, 1983, additional investigations were conducted to characterize the 
type and extent of contamination. At least 50 drums of various 
pesticides and herbicides were observed and extensive soil staining was 
indicative of poor handling and transferring practices. An Immediate 
Removal Action was initiated by EPA on October 31, 1983. This action 
focused on removal of the most highly contaminated materials consisting 
of approximately 40 cubic yards of waste. Between 50-70 drums were 
mixed with lime and capped with clay and placed in two temporary 
disposal cells onsite. This removal action was structured to mitigate 
short term risks and scheduled to be incorporated into the permanent 
remedial action at a later date. Further followup inspections on 
December 15, 1983, February 14, 1984, and March 29, 1984 by the TWDR, 
EPA and Texas Air Control Board resulted in an additional removal 
action to further reduce short-term risks posed by the site. In May 
1984, an additional 19 drums were transported for disposal to an 
offsite permitted treatment, storage and disposal facility. A fence was 
constructed around the site to limit public access and warning signs 
were posted.
    A Hazard Ranking System (HRS) package for Crystal City Airport was 
finalized in June 1984. The overall site score was 32.26. EPA and TWC 
(TNRCC), entered into a Cooperative Agreement (CA) on September 28, 
1995 for a state-lead Remedial Investigation and Feasibility Study (RI/
FS). The site was proposed for the NPL on October 5, 1985. The site was 
formally placed on the NPL on May 20, 1986. In June 1986, TNRCC 
contracted Ebasco Services Incorporated to perform the RI/FS. Phase I 
of the RI fieldwork lasted from September through October 1986; Phase 
II fieldwork was conducted during January and February 1987. The RI and 
FS reports were finalized in June and July 1987, respectively.
    The Regional Administrator signed the Record of Decision (ROD) for 
the Crystal City Airport Superfund site on September 29, 1987, 
selecting onsite consolidation in a disposal cell with a cap meeting 
requirements of regulations promulgated under the Resource Conservation 
and Recovery Act (RCRA). This method was chosen to prevent spread of 
contaminants. EPA selected a remedy which eliminated the principal 
threat posed by site conditions by eliminating the possibility of human 
exposure to contaminants of concern.
    The funds to conduct Remedial Design and Remedial Action (RD/RA) 
were awarded by EPA to the State of Texas on March 31, 1988 through a 
Cooperative Agreement with TWC (TNRCC). On June 14, 1988, TNRCC entered 
into a contract with Ebasco Services, the engineering firm which 
conducted the RI/FS, to perform Remedial Design work and prepare 
detailed construction plans and specifications for a bid package. The 
bid package was completed and an Invitation for Bids was issued on 
January 31, 1989. Eleven qualified bids were received, evaluated, and a 
contract was awarded to the lowest qualified bidder, Qualtec 
Incorporated. The contract was executed by TNRCC on April 21, 1989. 
Qualtec attempted to mobilize onsite in June 1989, but was denied entry 
by local officials. Due to defiance to repeated requests for access on 
behalf of Qualtec by both EPA and TNRCC, a Section 104 Unilateral 
Administrative Order under CERCLA authority was issued to Crystal City 
by EPA in November 1989, and TNRCC issued a Notice to Proceed to 
Qualtec on January 5, 1990. Qualtec began onsite mobilization on 
February 5, 1990. The following contract activities were conducted 
during the 120-day contract duration:
     construction of the consolidated cell,
     excavation and consolidation of contaminated material in 
the cell,
     verification monitoring,
     placement, compaction, grading, and seeding of clean 
backfill,
     stormwater control,
     building decontamination, and asphalt floor removal,
     demolition of building B-3,
     recontruction of airport facilities to meet or exceed 
existing conditions including replacement of asphalt floor slabs with 
concrete and reconstruction of taxiways in contaminated areas,
     construction of the RCRA cap over the consolidation cell 
as specified by contract documents,
     continuous air monitoring and dust control,
     continuous health and safety and quality assurance/quality 
control operations,
     construction of a security fence around the consolidated 
cell.
    Pre-final inspections were held on May 31, 1990 and June 6, 1990 to 
close out site work. The Certificate of Substantial Completion was 
issued July 3, 1990, signifying completion of all work except the 
vegetative topcover growth required by the contract specifications. The 
final work product acceptance occurred on September 25, 1990 after a 
joint TNRCC and EPA inspection reflecting the vegetative requirements 
had been met. The Remedial Action (RA) Report was finalized on May 23, 
1991, and approved by the Region 6 Hazardous Waste Management Division 
Director on June 6, 1991.
    In December 1991 a site Close Out Report was prepared in which EPA, 
in consultation with the State of Texas (TNRCC), determined all 
appropriate response actions required to ensure the protectiveness of 
human health and the environment at the Crystal City Airport had been 
implemented.
    Pursuant to 40 CFR Section 300.510 of the NCP, the State (TNRCC) 
has assumed all responsibility for Operation and maintenance (O&M) at 
this site. TNRCC has implemented the EPA approved O&M plan requiring 
analysis of the city water well adjacent to the airport. In addition, 
air sampling for particulate arsenic and pesticides has been conducted. 
Since inception of the program in 1991, all samples taken to date are 
below the detection limits for all chemicals of concern.
    The Agency for Toxic Substance and Disease Registry (ATSDR) issued 
a Site Review and Update (SRU) report for the CCA site on February 18, 
1994. The SRU concluded ``because contaminated soils and drums have 
been enclosed in the capped cell and other contaminated materials have 
been removed to an offsite hazardous waste landfill, the potential for 
exposure to on-site contaminants no longer exists.'' No further actions 
or evaluations were recommended.
    Hazardous substances encapsulated in the cell on the site, however, 
are above health-based levels that do not allow for unlimited use of 
and unrestricted access to the consolidation cell area. Therefore, EPA 
will conduct a statutory five-year review, schedule for February 1995 
(five years after the commencement of the RA), pursuant to OSWER 
Directive 9355.7-02, ``Structure and Components of Five-Year Reviews.''
    Although the first five-year review has not been completed at the 
site, EPA believes it is appropriate to proceed with site deletion. 
Based on the successful encapsulation of hazardous substances in the 
consolidation cell, the results of O&M monitoring to date, and ATSDR's 
review, EPA has determined the remedy is protective and no further 
response action is necessary. This is consistent with current EPA 
policy as [[Page 425]] discussed on page 66601 of the December 24, 
1991, Federal Register, 40 CFR Part 300 which states sites should not 
be retained on the NPL which are otherwise eligible to be deleted 
simply because they haven't had a five year review. Of course, state-
funded O&M and EPA-funded five-year reviews will continue in the 
future, but site deletion should proceed since applicable deletion 
criteria have been satisfied.
    EPA, with concurrence of the State of Texas, has determined all 
appropriate Fund-financed responses under CERCLA at the Crystal City 
Airport Superfund site have been completed, and no further cleanup by 
responsible parties is appropriate. Moreover, EPA and the State of 
Texas have determined remedial actions conducted at the site to date 
are protective of public health, welfare, and the environment.

    Dated: November 1, 1994.

    Approved By:
Allyn Davis,
Regional Administrator.
     After Action Report, Crystal City Airport Site, 
Environmental Protection Agency, Region VI Emergency Response Branch, 
June 1984.
     Hazard Ranking System package for the Crystal City Airport 
Site, Environmental Protection Agency, Region VI, April 1984.
     Site Review and Update, Crystal City Airport, Agency for 
Toxic Substances and Disease Registry, February 18, 1994.
     Health Assessment for the Crystal City Airport Site, 
Agency for Toxic Substances and Disease Registry, May 1988.
     Remedial Investigation, Final Report, Crystal City Airport 
Site, prepared by Ebasco Services Incorporated for the Texas Water 
Commission in cooperation with the Environmental Protection Agency, 
June 1987.
     Feasibility Study, Final Report, Crystal City Airport 
Site, prepared by Ebasco Services Incorporated for the Texas Water 
commission in cooperation with the Environmental Protection Agency, 
July 1987.
     Record of Decision, Crystal City Airport Site, 
Environmental Protection Agency, Region VI, September 28, 1987.
     Revised Community Relations Plan, Jacobs Engineering Group 
Inc., August 1989.
     Remedial Design, Final Report, Crystal City Airport Site, 
prepared by Ebasco Services Incorporated for the Texas Water Commission 
in cooperation with the Environmental Protection Agency, December 1988.
     Remedial Design, Bid Specifications, Crystal City Airport 
Site, prepared by Ebasco Services Incorporated for the Texas Water 
Commission in cooperation with the Environmental Protection Agency, 
December 1988.
     Operations and Maintenance Plan, Crystal City Airport 
Site, Prepared by Ebasco Services Incorporated for the Texas Water 
Commission in cooperation with the Environmental Protection Agency, 
December 1988.
     Remedial Action Report, Crystal City Airport Site, 
prepared by Ebasco Services Incorporated for the Texas Water Commission 
in cooperation with the Environmental Protection Agency, December 1990.
     First Operations and Maintenance Quarterly Report, Crystal 
City Airport Site, prepared by Ebasco Services Incorporated for the 
Texas Water Commission, December 17, 1990.
     Second Operations and Maintenance Quarterly Report, 
Crystal City Airport Site, prepared by Ebasco Services Incorporated for 
the Texas Water Commission, March 19, 1991.
     Third Operations and Maintenance Quarterly Report, Crystal 
City Airport Site, prepared by Ebasco Services Incorporated for the 
Texas Water Commission, July 9, 1991.
     Fourth Operations and Maintenance Quarterly Report, 
Crystal City Airport Site, prepared by Ebasco Services Incorporated for 
the Texas Water Commission, November 7, 1991.
     Superfund Site Close Out Report, Crystal City Airport, 
Environmental Protection Agency, Region 6, December 1991.
     Crystal City Airport Federal Superfund Site, Quarterly 
State Funded O & M Sampling and Inspection Reports, Texas Natural 
Resource Conservation Commission, November 1991 through June 1994.
     Cooperative Agreements:

------------------------------------------------------------------------
                Description                        No.            Date  
------------------------------------------------------------------------
(1) Forward Planning (FP).................  V-006461-01-7        5-14-86
(2) RI/FS.................................  V-006461-01-7        5-14-86
(3) FP (increase).........................  V-006461-01-9        3-31-87
(4) RI/FS (increase)......................  V-006461-01-9        3-31-87
(5) RD....................................  V-006461-01-13       3-31-88
(6) RD (transfer).........................  V-006461-01-M        3-06-91
(7) RA....................................  V-006567-01-0       12-29-88
(8) O&M...................................  V-006567-01-2        6-19-90
------------------------------------------------------------------------

    Other documents related to site activities are also available for 
review in the site repositories,

[FR Doc. 95-4 Filed 1-3-95; 8:45 am]
BILLING CODE 6560-50-M