[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]



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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.

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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.
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    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.

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    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