[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Proposed Rules]
[Pages 56931-56935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28244]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5644-6]


National Oil and Hazardous Substances Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Cal West Metals Superfund site 
from the National Priorities List and request for comments.

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

SUMMARY: The Environmental Protection Agency (EPA), Region 6, announces 
its intent to delete the Cal West Metals Superfund site 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), as 
amended. EPA and the State of New Mexico through the New Mexico 
Environment Department (NMED) 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 and the environment.

DATES: The EPA will accept comments concerning its proposal for 
deletion for thirty (30) days after publication of this notice 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, Telephone: (214) 665-6584 or 1-800-
533-3508.

INFORMATION REPOSITORIES: Comprehensive information on the Cal West 
Metals Site as well as information specific to this deletion is 
available for review at EPA's Region 6 office in Dallas, Texas. The 
Administrative Records and the Deletion Docket for this deletion are 
maintained at the following Cal West Metals 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.
Socorro Public Library, 401 Park St., S.W., Socorro, New Mexico (505) 
835-1114. Hours of Operation: Mon., Wed., Fri. 9 a.m.-5:30 p.m., T. and 
Th. 9 a.m. -9:00 p.m., Saturday 10 a.m.-3 p.m.
New Mexico Environment Department, Harold Runnels Building, 1190 St. 
Francis, P.O. Box 26110, Santa Fe, New Mexico 87502, Phone: (505) 827-
2922. Hours of Operation: M-F 8:00 a.m.-5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Ms. Agatha B. Benjamin, P.E., Remedial Project Manager (6SF-LN), U.S. 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, Phone: (214) 665-7292 or 1-800-533-3508
Ms. Maura Hanning, Superfund Program Manager, Groundwater Quality 
Bureau, Superfund Oversight Section, New Mexico Environment Department, 
P.O. Box 26110, Santa Fe, New Mexico 87502, Phone: (505) 827-2922

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. National Priorities List (NPL) Deletion Criteria
III. Deletion Procedures
IV. History and Basis for Intended Site Deletion

Appendix

A. Deletion Docket
B. Site Coordinate Boundaries

I. Introduction

    The U.S. Environmental Protection Agency (EPA), Region 6, announces 
its intent to delete the Cal West Metals Superfund site, Lemitar, 
Socorro County, New Mexico, from the National Priorities List (NPL), 
which constitutes Appendix B of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), Code of Federal 
Regulations, Title 40 (40 CFR), Part 300, and requests comments on the 
proposed deletion. The EPA identifies sites that appear to present a 
significant risk to public health, 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, any site deleted from the NPL remains eligible for Fund-financed 
remedial actions if conditions at the site warrant such action. The EPA 
will accept comments concerning this proposal for thirty (30) days 
after publication of this notice in the Federal Register and a 
newspaper of record. Section II of this notice explains the criteria 
for deleting sites from the NPL. Section III discusses procedures that 
EPA is using for this action. Section IV discusses the history of this 
site and explains how the site meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency uses to delete 
sites from the NPL. In accordance with 40 CFR Sec. 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:

[[Page 56932]]

    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.
    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 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 that Fund-financed 
actions may be taken at sites that have been deleted from the NPL.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Sec. 300.425(e)(1) has been met, EPA may formally begin deletion 
procedures. The following procedures were used for the intended 
deletion of this site:
    (1) The EPA, Region 6, has recommended deletion and has prepared 
the relevant documents.
    (2) The State of New Mexico through NMED concurred with the 
deletion by letter dated September 13, 1996.
    (3) Concurrent with this National Notice of Intent to Delete, a 
local notice has been published in the local newspaper of record and 
has been distributed to appropriate federal, state, and local 
officials, and other interested parties. This local notice announces 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) The EPA, Region 6, has made all relevant documents available at 
the information repositories listed previously.
    This Federal Register notice, and a 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 for review 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 repository 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. The 
Region will prepare a Responsiveness Summary, to address 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 encouraged to 
contact the EPA, Region 6, Office to obtain a copy of the 
Responsiveness Summary. If EPA still determines that deletion from the 
NPL is appropriate after receiving public comments, EPA will publish a 
Final Notice of Deletion in the Federal Register. However, it is not 
until a Notice of Deletion is published in the Federal Register that 
the site would be actually deleted.

IV. Basis for Intended Site Deletion

    The following provides EPA's rationale for the deletion of Cal West 
Metals Superfund Site from the NPL and EPA's finding that the criteria 
in 40 CFR Sec. 300.425(e)(1) are satisfied:

A. Site History

    The Cal West Metals site is located one-half mile northwest of 
Lemitar and approximately 8 miles north of Socorro in Socorro County, 
New Mexico as shown in Figure 1. The site is bounded on the east by a 
frontage road for US Interstate 25. The Interstate is located 
approximately 250 feet east of the site. Land use is predominantly 
agricultural and residential. There are three households located within 
1,100 feet south of the site.
    The Cal West Metals site is a former battery breaking and recycling 
facility. The Cal West property includes approximately 43.8 acres, of 
which 12.5 acres are fenced. Site operations were located within the 
fenced area. The site consisted of two evaporation ponds, three 
facility buildings, earth berms, soil and battery waste piles, a 
concrete surface pad, and a salvage area.
    Albert and James LaPoint operated the Cal West Metal battery 
recycling facility and secondary lead smelter. From 1979 to 1981, the 
facility processed an estimated 20,000 automobile batteries to recover 
lead, plastics, and hard rubber components for commercial sale. Lead-
acid batteries were crushed on-site and the batteries were separated 
into plastics, hard rubber, and lead oxides. Floatation and 
centrifugation in a rotating separator drum separated the plastics, 
hard rubber, and lead fraction. Water was recycled through the 
separator drum and ultimately discharged to the lined pond along with 
waste sludge. After the discharge line became plugged, sludge was 
disposed of on the concrete surface pad adjacent to the cotton gin 
building.
    Piles of crushed battery components, in various stages of 
separation, were stored outdoors from the start of operations to 
approximately 1989. The broken battery piles were stored inside the 
central building and stockpiled on the concrete pad adjacent (west) to 
this building.
    Cal West has been the subject of numerous State and Federal 
investigations and regulatory actions since 1979. Preliminary 
investigations were conducted by NMED, EPA, and the LaPoints from 1981 
through 1989.

B. Response Actions

    From 1979 to 1986, the state conducted investigations to assess air 
and ground water quality on-site. NMED conducted a CERCLA Site 
Inspection (SI) of the Cal West site during August 1985 to characterize 
on-site wastes.
    Surface soils and drainage adjacent to the Cal West site were 
sampled during a CERCLA Site Inspection Follow-up (SIF) performed by 
NMED during October 1986. Analytical results from the SIF indicate that 
lead contamination from the Cal West site has migrated via air and 
surface water run-off to adjacent soils and drainage.
    In January 1986, EPA conducted a Resource Conservation and Recovery 
Act (RCRA) Compliance Monitoring Inspection to further characterize 
wastes sampled during the 1985 investigation. Extraction Procedure (EP) 
toxicity analyses were performed on waste samples.
    In August 1986, EPA RCRA issued an Administrative Complaint to Cal 
West and a Notice of Noncompliance to the Small Business Administration 
based on the 1985 and 1986 inspection findings. The Complaint proposed 
a penalty, cited RCRA violations, and required clean closure of the 
site.
    In July 1987, EPA and Cal West signed a Consent Agreement and Final 
Order requiring submittal of a closure plan, soil sampling plan, a 
hydrogeologic investigation plan, and financial assurance 
documentation. From 1988 to 1990, The Lapoints conducted ground water 
monitoring, removed topsoil from the fenced area and installed 
monitoring wells.
    NMED prepared a Superfund Hazard Ranking System package in January 
1987. The site was proposed to the CERCLA National Priorities List 
(NPL) on June 24, 1988. The site was formally added to the Superfund 
National Priorities List on March 31, 1989.

[[Page 56933]]

    From October 1990 through October 1991, EPA and the NMED conducted 
a two-phase remedial investigation to fully determine the nature and 
extent of contamination and to evaluate the risks posed by site 
contamination.
    The Phase I investigation consisted of sampling and analysis of on-
site battery waste piles, soils and three site wells. Samples collected 
were analyzed for the Target Compound List (TCL) of organic and the 
Target Analyte List (TAL) of inorganic materials.
    Phase II was conducted from September 16, 1991, through October 30, 
1991. The Phase II investigations consisted of surface soil sampling, 
trenching, air sampling, installation of monitor wells, residential and 
monitor well sampling, a field portable X-ray fluorescence (FPXRF) 
survey, and depth soil sampling.
    Results of the remedial investigation, which included extensive 
sampling of the source waste materials, site soils, drainage sediments, 
and ground water indicated the following:
    i. Contaminants for the source waste materials had spread and 
contaminated the site soils and drainage sediments.
    ii. Lead migration above the recommended residential cleanup level 
of 640 ppm did not extend deeper than three (3) feet below ground 
surface.
    iii. Most of the soil contamination at the Cal West Metals site was 
found at the ground surface level (depth of 6 inches or less).
    iv. The contaminated area covered approximately 8.5 acres of the 
total 43.8-acre site. Of the total contaminated area, approximately 7.0 
acres were located within the 12.5-acre fenced area.
    v. No release to the ground water of contaminants associated with 
the Cal West site had occurred.
    Also, based on the results of the remedial investigation field 
sampling, lead antimony, arsenic, cadmium, mercury, nickel, silver, and 
polynuclear aromatic hydrocarbons were selected as the major 
contaminants of concern (COC) for the human risk assessment.
    An Ecological field investigation was conducted during the week of 
August 12, 1991, by personnel from EPA and NMED. The investigation 
included sampling of vegetation, lizards and rodents. No adverse 
ecological impacts attributable to the Cal West site were indicated.

C. Cleanup Standards and Criteria and Results

    The EPA conducted the feasibility study (FS) for the site in-house. 
The EPA contracted with the U.S. Army Corps of Engineers' Southwestern 
Division Laboratory (SWD), through an interagency agreement, to perform 
treatability studies to evaluate the effectiveness of solidification/
stabilization as a treatment for site materials. Information gained 
during the remedial investigation and treatability studies was used to 
develop the feasibility study. The feasibility study identified several 
alternatives to address contamination problems at the site.
    As part of the feasibility study, EPA set cleanup goals called 
remedial action objectives (RAOs) for concentrations of contaminants. 
These goals were used to determine which areas of the site would 
require cleanup. For lead, the remedial cleanup goal was set at 640 
ppm. This goal was set assuming the site could be used in the future 
for residential purposes and that adults and children would be exposed 
to site contaminants if no action was taken. More details of the FS may 
be found in the Remedial Investigation and Feasibility Study for the 
Cal West Metals Superfund Site, Lemitar, New Mexico.
    Buck J. Wynne, Regional Administrator, EPA, Region 6, signed the 
Record of Decision on September 29, 1992. EPA and NMED determined that 
alternative number 3, on-site stabilization, on-site disposal and 
capping was the most appropriate and protective remedy for the Cal West 
Metals Site. This determination was based upon consideration of the 
requirements of CERCLA, the detailed analysis of the alternatives using 
the nine criteria and public comments from the local community. The 
description of the selected remedy is:
     Excavation and treatment by stabilization/solidification 
to meet the health-based cleanup level of 640 mg/kg of approximately 
15,000 cubic yards of contaminated soils, sediments, and source waste 
materials;
     Disposal of the treated contaminated material in an on-
site excavation, and capping of the disposal area with cement and a 12 
inch soil cover, and;
     Monitoring of site ground water with existing wells down-
gradient of the disposal site area.
    Construction of the remedy began on May 10, 1994. On May 14, 1994, 
Eagle Environmental Service, Inc, the subcontractor of the U. S. Bureau 
of Reclamation (BOR), started collecting composite samples. Five random 
samples were taken from each 50 foot square grid. Excavation and 
sampling were conducted in six inch lifts. If material was found to be 
contaminated after six inches of material, then another six inches was 
excavated and sampled again. Contaminated soil was hauled to a staging 
area and stockpiled to be treated. Contaminated material, mixed with 
cement and water was transported to the Repository Cell and spread in 
the cell. A total of 49,723 tons of material was treated: 1,028 tons of 
battery parts, 212 tons of sediment, and 48,483 tons of contaminated 
soils. The stabilized material was solidified in the Repository Cell. 
The Cell was covered with 9,340 linear yards of concrete, three (3) 
inches deep. The concrete cap (averaged a compressive strength of 4,317 
psi. in 28 days) was started in February 1995 and the remediation was 
completed by April 1995.
    The final site completion inspection was conducted on June 12,1996. 
More details about construction activities can be found in BOR'S April 
1995 Final Construction Report, approved by the EPA in June 1996.

D. O&M Procedures and Site Monitoring Program

    Operation and Maintenance (O&M) activities are performed to protect 
the integrity of the remedy at the site. Pursuant to 40 CFR 
Sec. 300.510, the State (NMED) has assumed all responsibility for 
Operation and Maintenance (O&M) at this site. In accordance with the 
Superfund State Contract (SSC), beginning one year after the completion 
of the remedy, NMED will sample four (4) ground water wells annually 
for the first five years. The wells will then be sampled once every 
five years for twenty five years. In May 1996, NMED initiated the 
monitoring program.
    Based on the successful encapsulation of hazardous substances in 
the consolidation cell and the results of O&M monitoring to date, EPA 
has determined that the remedy is protective, that all appropriate 
Fund-financed response under CERCLA has been implemented and no further 
response action is appropriate. State-funded O&M and EPA-funded Five-
year Reviews will continue in the future. O&M of the remedy is not 
considered ``further action'' and does not bar deletion.

E. Five-Year Review

    Because this remedy will not result in the destruction of the lead 
contamination from the site, hazardous substances will remain on-site 
above health-based levels. Therefore, a review of the effectiveness of 
the remedy will be conducted no later than June 1999.

F. Community Involvement Activities

    Public participation activities for this site were met as required 
in CERCLA Sections 113(k)(2)(B)(i-v) and 117. EPA conducted numerous 
public open houses and formal meetings for the Cal

[[Page 56934]]

West Metals site, in addition to informal status reports to interested 
citizens and local officials. Responses to oral and written comments 
were included in the Responsiveness Summary section of the Record of 
Decision.

G. Protectiveness

    All the completion requirements for this site have been met as 
specified in OSWER Directive 9320.2-3C. Specifically the contaminated 
soil and sediments have been rendered immobile by solidification/
stabilization and the possibility of contact to future residents at the 
site has been eliminated. The solidified material passed TCLP tests for 
(leachate) at levels below RCRA regulatory level. The ground water 
which was not contaminated at the time of the RI is being further 
protected by the solidification/stabilization and capping of the waste.
    The selected remedy is protective of human health and the 
environment. It complies with the Federal and State of New Mexico 
requirements that are legally applicable or relevant and appropriate to 
the remedial action. It is cost-effective. The remedy utilized 
permanent solutions and alternative treatment technologies to the 
maximum extent practicable and satisfies the statutory preference for 
remedies that employ treatment that reduces toxicity, mobility, or 
volume as a principal element.

H. State Concurrence

    In June 1996, a Final Close Out Report was prepared in which EPA, 
in consultation with the State of New Mexico (NMED), determined that 
all appropriate response actions required to ensure the protectiveness 
of human health and the environment at the Cal West Metals Superfund 
site had been implemented.
    EPA, with the concurrence of the State of New Mexico, has 
determined that all appropriate CERCLA response actions at the Cal West 
Metals Superfund Site have been completed, and that no further response 
action is appropriate.

    Dated: October 10, 1996.

    Approved By:
Jerry Clifford,
Acting Regional Administrator.

National Priorities List Deletion Docket, Cal West Metals Superfund 
Site, Lemitar, Socorro County, New Mexico

 Remedial Investigation/Feasibility Study (RI/FS) Report; U.S. 
EPA, Region 6, Dallas, Texas
 Record of Decision; U.S. EPA, Region 6, Dallas, Texas, 
September 92
 Cal West Metals Site Remediation (Contract documents and 
Specification U. S. Dept. of the Interior, Bureau of Reclamation, 
October 29, 1993
 Final Construction Report--Volume 1-4; U.S. Department of the 
Interior, Bureau of Reclamation, April 1995
 Quality Assurance Project Plan; Eagle Construction and 
Environmental Services, Inc., March 1994
 Site Work Plan; Eagle Construction and Environmental Services, 
Inc.
 Public Health Assessment; U.S. Dept. of Health & Human 
Services, July, 1995
 Community Relations Plans; (See the Record of Decision)
 Superfund State Contract
 Preliminary Close Out Report; U.S. EPA, Region 6, Dallas, 
Texas, September 28, 1995
 Final Close Out Report; U.S. EPA, Region 6, Dallas, Texas, 
June 1996
 Documentation of State Concurrence on Deletion; New Mexico 
Environment Department, September 13, 1996

BILLING CODE 6560-50-P

[[Page 56935]]

[GRAPHIC] [TIFF OMITTED] TP05NO96.169



[FR Doc. 96-28244 Filed 11-4-96; 8:45 am]
BILLING CODE 6560-50-C