[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Proposed Rules]
[Pages 40029-40033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19396]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5862-5]


Deletion of a Site From the National Priorities List for 
Uncontrolled Hazardous Waste Sites

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Frit Industries Superfund Site 
from the National Priorities List; request for comments.

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SUMMARY: The U.S. Environmental Protection Agency (``EPA''), Region 6, 
announces its intent to delete the Frit Industries Superfund site 
(``Site'') located in Walnut Ridge, Arkansas, from the National 
Priorities List (``NPL'') and requests public comment. The NPL, a list 
of sites EPA evaluates for priority cleanup of hazardous wastes, is 
found in Appendix B of the National Oil and Hazardous Substances 
Pollution Contingency Plan (``NCP'') which is 40 CFR part 300, Appendix 
B. EPA promulgated the NCP pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA''). The EPA and the State of Arkansas propose this deletion 
under the terms of a policy published in the Federal Register on March 
20, 1995. In

[[Page 40030]]

this policy EPA announced that, consistent with NCP criteria for 
deletion of sites from the NPL, the Agency would delete sites if 
corrective actions were proceeding pursuant to the Deletion Policy for 
Resource Conservation and Recovery Act, (``RCRA''). The EPA, in 
consultation with the Arkansas Department of Pollution Control and 
Ecology has determined that all appropriate RCRA response activities 
conducted at the site to date and scheduled in the future are 
enforceable and have been and will remain protective of public health 
and the environment. Moreover, that this deferral to RCRA corrective 
authorities is appropriate.

DATES: The EPA will accept comments concerning its proposal for 
deletion on or before August 25, 1997.

ADDRESSES: Comments should be mailed to: Mr. Donn R. Walters, Community 
Relations Coordinator, U.S. EPA, Region 6 (6SF-P), 1445 Ross Avenue, 
Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6483.
    In accordance with 40 CFR 300.425(e)(4)(iii) copies of the 
information supporting the proposed deletion are in the following 
repositories:

Felix Goodson Library, Attention: Mrs. Marilyn Goodwin, Librarian: 
Williams Baptist College, Walnut Ridge, Arkansas 72476, (501) 886-6741 
Call First on Hours Open, Variable (Non-College Session)
General--Open Monday to Friday 9 a.m.-4 p.m. (When College is in 
Session)
Monday through Thursday 8 a.m. to 10 p.m.
Friday 8 a.m. to 5 p.m.
Saturday 10 a.m. to 12 Noon and 1 p.m. to 4 p.m.
Sunday 1 p.m. to 5 p.m.

U.S. EPA, Region 6, Library (6MD-II), 12th Floor, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, (214) 665-6424 or 665-6427, Hours of 
Operation: 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
holidays

Arkansas Department of Pollution Control and Ecology, Attn: Mr. Clark 
McWilliams, RCRA State Project Manager, 8001 National Drive, Little 
Rock, Arkansas 72219, (501) 682-0850. Hours of Operation: 8 a.m. to 
4:30 p.m., Monday through Friday, excluding holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest R. Franke, P.E., Remedial 
Project Manager (6SF-AP), U.S. Environmental Protection Agency, Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Telephone: (214) 665-
8521.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (``EPA'') Region 6 announces 
its intent to delete the Frit Industries Site from the National 
Priorities List (``NPL''), 40 CFR part 300, appendix B, and requests 
comments on this deletion. The EPA will accept comments on the deletion 
of this Site for thirty days after publication of this notice in the 
Federal Register.
    The NPL is a list of sites that EPA evaluates for priority cleanup 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA''), 42 U.S.C. 9601, et seq. Listing of a site 
on the NPL does not, itself, create, alter or revoke any individual 
rights or obligations under CERCLA, or any other law. The NPL is 
designed primarily for information purposes and to assist Agency 
management. Sites on the NPL may be remediated using the Hazardous 
Substances Superfund (``Superfund'' or ``Fund'') established by section 
9507 of the Internal Revenue Code of 1986. Use of this fund for cleanup 
of hazardous substances is governed by section 111 of CERCLA, 42 U.S.C. 
9611, and implementing regulations.
    As a general matter, deletion of the Frit Industries Site from the 
NPL will clarify that Arkansas Department of Pollution & Ecology, 
Office of Resource Conservation and Recovery Act (``RCRA'') Programs 
will have primary responsibility for ensuring that the hazardous wastes 
released at the Site are appropriately remediated. Notwithstanding any 
such deletion of this Site from the NPL, in the event that conditions 
at this Site warrant additional remedial corrective action, this Site 
remains eligible for Fund-financed remedial action. Pursuant to section 
300.425(e)(3) of the NCP, 40 CFR 300.425(e)(3): ``All releases deleted 
from the NPL are eligible for further Fund-financed remedial actions 
should future conditions warrant such action.
    Whenever there is a significant release from a site deleted from 
the NPL, the site shall be restored to the NPL without application of 
the [Hazard Ranking System].'' Therefore, deletion of this, or any 
other, site from the NPL does not preclude eligibility for subsequent 
Fund-financed remedial action if future conditions warrant such action.
    Section II of this notice summarizes the criteria for deleting 
sites from the NPL. Section III summarizes the procedural steps EPA 
takes prior to deleting a site from the NPL. Section IV discusses the 
Frit Industries Site and explains how the Frit Industries Site meets 
the deletion criteria.

II. NPL Deletion Criteria

    The National Oil and Hazardous Substances Pollution Contingency 
Plan (``NCP''), 40 CFR part 300, establishes the criteria the Agency 
uses to delete sites from the NPL. Section 300.425(e) of the NCP, 40 
CFR 300.425(e), provides that sites may be deleted from 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 
appropriate state, whether the following criteria have been met:
    (I) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed responses under CERCLA have 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.
    Consistent with Sec. 300.425(e) of the NCP, 40 CFR 300.425(e), EPA 
proposes deletion of the Frit Industries Site because, as explained 
further below, no further CERCLA response is appropriate. This 
determination is based on a new policy that EPA has adopted for 
implementation of the NPL deletion criteria. This new policy, entitled 
``The National Priorities List for Uncontrolled Hazardous Waste Sites; 
Deletion Policy for Resource Conservation and Recovery Act 
Facilities,'' was published in the Federal Register on March 20, 1995 
(60 FR 14641). This new policy sets forth the following criteria and 
their general application for deleting RCRA facilities from the NPL:
    1. If evaluated under EPA's current RCRA/NPL deferral policy (which 
refers to the policy in effect at the time the deletion decision is 
made. As past Federal Register notices demonstrate, the RCRA/NCP 
deferral policy has changed, and may continue to change based upon the 
Agency's continued evaluation of how best to implement the statutory 
authority of RCRA and CERCLA), the site would be eligible for deferral 
from listing on the NPL;
    2. The CERCLA site is currently being addressed by RCRA corrective 
action authorities under an existing enforceable order or permit 
containing corrective action provisions;

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    3. Response under RCRA is progressing adequately; and
    4. Deletion would not disrupt an ongoing CERCLA action.
    Under this new policy, two types of sites may be eligible for 
deletion: (1) Sites that would be eligible for deferral under current 
deferral criteria, but were not deferred because the deferral policy at 
the time of listing was different; and (2) sites that were not eligible 
for deferral when listed, but now may be eligible because of changed 
conditions at the site (e.g., the site is now in compliance with a 
corrective action order). For facilities within the second category, 
the Agency reviews the original listing rationale together with current 
information to ascertain whether conditions at the site have changed 
sufficiently to warrant deletion from the NPL.

III. Deletion Procedures

    Prior to deleting a site from the NPL, 40 CFR 300.425(e) requires 
that EPA provide the appropriate state with thirty (30) working days to 
review the proposed notice of intent to delete. After providing the 
appropriate state authorities with such opportunity for review, EPA 
must next provide the public with a minimum of thirty (30) calendar 
days to provide comments to the appropriate EPA Region. Prior to 
deleting a site from the NPL, EPA must receive concurrence from the 
appropriate state authorities. Additionally, EPA must respond to each 
significant comment and any significant new data submitted during the 
public comment period. A deletion occurs when the Regional 
Administrator places a notice of final deletion in the Federal 
Register. Generally, the NPL will reflect deletion in the final update 
following deletion. After the notice of final deletion is published, 
EPA is required to place the final deletion package in a local 
information repository. As mentioned in Section I (Introduction) of 
this document, 40 CFR 300.425(e)(3) states that deletion of a site from 
the NPL does not preclude eligibility for future Fund-financed response 
actions.
    With respect to this notice of intent to delete, EPA has provided 
the Arkansas Department of Pollution Control and Ecology (ADPC&E) with 
a thirty (30) working day period for review and comment. The ADPC&E has 
provided EPA Region 6 with its concurrence on this notice of intent to 
delete. Before making the final decision as to whether to delete the 
Frit Industries Site from the NPL, EPA Region 6 will respond to each 
significant comment and any significant new data submitted during the 
public comment period in a Responsiveness Summary. In addition to this 
notice of intent to delete, EPA Region 6 has published a notice of 
availability of this notice of intent to delete in a major local 
newspaper and has placed copies of documents supporting this notice in 
an information repository at or near the Frit Industries Site. After 
the public comment period has closed, copies of the Responsiveness 
Summary will be made available to interested parties by the EPA Region 
6. In the event that EPA issues a notice of final deletion for the Frit 
Industries Site, EPA Region 6 will place the final deletion package in 
the local repository.

IV. Basis for Intended Site Deletion

    The following summary provides the EPA's rationale for the 
intention to delete the Frit Industries Site (``Site'') from the NPL.

A. Site Background

    Frit Industries, Inc., has operated a micronutrient fertilizer 
additive manufacturing facility on approximately 22 acres of land 
leased from the City of Walnut Ridge, Arkansas, from 1973 to the 
present. In 1979, a major on-site fire in a storage building resulted 
in contaminants being released by air emissions as well as surface and 
ground water runoff. The incident focused public attention and resulted 
in a site evaluation. The site was evaluated by EPA with a HRS 
composite package score of 39.47. This score resulted in the site being 
placed on the NPL on November 24, 1982.
    Frit Industries had an electric arc furnace and brass mill baghouse 
materials on site from 1973 to 1987 with hazardous waste K061 (emission 
control dust/sludge from the primary production of steel in electric 
furnaces), D006 (cadmium), and D008 (lead); this placed the site under 
the Arkansas State RCRA program. The lead agency, the ADPC&E, 
determined that three unit areas of the site are subject to regulation 
as hazardous waste management facilities in accordance with applicable 
regulations promulgated in the Arkansas Hazardous Waste Management Act, 
A.C.A. Section 8-7-214, and the Arkansas Hazardous Management Code.
    An Administrative Order On Consent (AOC), Document Number CERCLA 
VI-1-83, was issued pursuant to section 106(a) of CERCLA, 42 U.S.C. 
9606(a), Executive Order 12316, August 20, 1981, and 46 Federal 
Regulation 42237. This was dated, entered, and effective February 3, 
1983, between Frit Industries, Inc., and the USEPA. The order was 
divided into three sections requiring action: Surface Water, Ground 
Water, and Substances Stored on Site. Considerable work and progress 
had already been completed on many of the items addressed in the order 
before the effective date of the order. The investigations and actions 
that were required by the CERCLA Administrative Order were completed in 
August 1989. Mr. Carl Schauble, Executive Vice President of Frit 
Industries documented completion of the AOC and requested the Frit 
Industries facility be removed from the NPL.
    Pursuant with 40 CFR 272.201, section 3006(b) of RCRA, 42 U.S.C. 
6926(b), the lead agency for Frit Industries is the Arkansas Department 
of Pollution Control and Ecology (ADPC&E).
    As the result of an appeal of a Final Closure Plan (May 1989), 
which was approved with modifications by the State of Arkansas (ADPC&E) 
on February 28, 1990, Frit Industries, Inc., entered into an agreement 
with the ADPC&E, by signing a Consent Administrative Order (CAO) LIS 
No. 91-161. The CAO required a facility investigation (FI) of the site. 
On November 4, 1991, Frit Industries employed American Environmental 
Engineering of Leeds, Alabama, (Engineer) to conduct the FI and to 
prepare a report of the finding of the investigation.
    In the FI Report, section 3, Source Characterization, the Engineer 
identifies fourteen Solid Waste Management Units (SWMU's). These are 
listed with history and status as follows:
    SWMU #1--Granulated Facility Storage Unit (160'x120' Bldg.) The 
granulated storage building was built by the U. S. Army Corps of 
Engineers in the early 1940's. This area was used during and after 
World War II to perform maintenance on aircraft, clean engines, and to 
store and repair batteries. Historical documents reveal problems with 
soil contamination from those operations. This facility was used by all 
of the previous lessees and Frit Industries. Electric arc furnace dust 
was stored in the facility in 1973 when Frit Industries first began 
operations. This building was demolished and decontaminated between 
September 1988 and March 1989. The current Closure Action is pending 
the State's RCRA scheduled CAO action items.
    SWMU #2--Unidentified Depression--Historical documents confirm SWMU 
#2 was not constructed or operated as a surface water impoundment by 
Frit Industries, rather it is a site low point (ponding area) of the 
facility yard.
    SWMU #3--Unidentified Pond--former surface water impoundment area. 
The area in which SWMU #3 is

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located is the general area where Texas Railway and Equipment Company 
and Aircraft Conversion Company (TRECO/ACC) operated an aluminum 
recovery smelter during the period 1946 to 1948. This recovery 
operation consisted of the scrapping and smelting of surplus aircraft 
from World War II. Swindle Field, which included the current Frit 
Industries facility, was estimated to have processed 5,000 to 10,000 
airplanes. Debris from this operation litters the top soil of the 
region south of the Frit facility and west of the Municipal Airport 
runway. The area, which was closed in 1982, covers \1/3\ of an acre.
    SWMU #4--Zinc Sulfate Storage--This unit was also within the area 
of the post-World War II smelting operation, and it was at this 
location where the U.S. Army Air Corps stored aviation fuel in 50,000 
gallon above-ground storage tanks, which were documented to have 
leakage problems. The Zinc Sulfate Storage area is a unit that was used 
between 1977 and 1989 to store brass mill baghouse dust. It was built 
of corrugated steel on a 36' x 80' concrete slab. The closure plan for 
the Zinc Sulfate facility was prepared by NOVA Environmental Services. 
The plan was approved by the State of Arkansas (ADPC&E) on February 28, 
1990. The facility was partially closed and dismantled in 1990.
    SWMU #5--Primary Pond--This pond was constructed in 1980 to contain 
and recycle site storm water runoff in the immediate area of the zinc 
sulfate facility. Closure activity consisted of using a new lined pond 
constructed under SWMU #7. The pond was closed October 27, 1986.
    SWMU #6--Surge Pond--This was a former unlined surface impoundment 
from 1984 until its closure approval by State of Arkansas (ADPC&E) in 
1993.
    SWMU #7--Overflow Pond--The overflow pond is adjacent to the surge 
pond and receives effluent from the surge pond. The pond was 
constructed with a synthetic geotextile liner in 1984 and is not a RCRA 
unit. This pond provides flow equalization to the waste water treatment 
plant. The overflow pond replaces two smaller ponds identified as 7a 
and 7b which were previously located between the southwestern one-half 
of the present-day overflow pond. The smaller ponds were the former 
settling and neutralization ponds that functioned to settle solids and 
adjust water pH used for super-phosphate production. The production of 
this product and use of these ponds was discontinued in 1973.
    SWMU #8--Alleged Dump Site--An alleged pesticides dumpsite was 
located south of the surge and overflow ponds.
    This site was investigated by EPA during a visual site 
investigation on December 11 and 12, 1986, but the location could not 
be identified during this investigation. An EM-31 Conductive Survey for 
buried drums was completed by ADPC&E and no drums were detected or 
found.
    SWMU #9--Waste Water Treatment Plant--The waste-water treatment 
plant is located between the overflow pond and the employee change 
house. This facility operates under a National Pollutant Discharge 
Elimination System (NPDES) Permit and the outfall is located at the 
southwest corner of the site. Construction of the treatment plant was 
completed in September 1984 and the plant began operation the following 
month. The filter cake generated by the treatment plant is recycled 
into Frit Industries micronutrient production process.
    SWMU #10--Product Storage Warehouse--The product warehouse is 
located in the central portion of the site, east of the overflow pond 
on the southeast side of Avenue B. A fire destroyed a portion of the 
former product storage building in the warehouse area on February 18, 
1979. A new warehouse was then constructed and continues to be used for 
storing raw materials, finished products, and packing materials used at 
the site.
    SWMU #11--Acid Cutting Pits for Sulfuric Acid--This unit consisted 
of former pits used to dilute or cut sulfuric acid for use in the 
manufacture of superphosphates. These pits were located east of the 
overflow pond on the southeast side of Avenue B. In 1954 the 
superphosphate plant was constructed by Spencer Chemical Company and 
ArkMo Plant Food Company. When Frit Industries started operations at 
the site in 1973, the superphosphate production plant was shut down and 
dismantled. Final Closure action is pending soils sampling and ground 
water results; these operations are scheduled in the three listed RCRA 
activities.
    SWMU #12--Fire Water Pond--This pond was constructed in 1971 at the 
plant entrance, northwest of Avenue B and northeast of Mill Street in 
the northern portion of the site. The pond is used to collect storm 
water overflow; runoff goes to SWMU #7 and SWMU #9.
    SWMU #13--Original Containment Area--This storage area consists of 
the original containment area used to store raw materials; however, 
TRECO/ACC operated the aluminum recovery smelter of the airplane 
demolition (see SWMU #3 above) in this immediate area.
    SWMU #14--Former Waste Pile. These materials were removed to a 
landfill near Paragould, Arkansas. No hazardous waste or constituents 
are known or have been documented to be present in this material.
    Under this RCRA closure SWMU 1, SWMU 4, SWMU 5 , SWMU 6 and SWMU 11 
are analyzed compositely to determine how these units impact ground 
water and it will be on a site-wide basis. Ground water and the other 
site medias of surface water, and air, will be addressed within the 
scheduled eminent major submittals namely, the Baseline Risk 
Assessment, the identification and development, evaluation, 
justification of Corrective Measure Alternatives, and Corrective 
Measure Implementation.

B. Documentation That the Frit Industries Site Meets RCRA Deferral 
Criteria Set Forth in EPA's March 20, 1995, Policy

    1. If evaluated under EPA's current RCRA/NPL deferral policy, the 
Site would be eligible for deferral from listing on the NPL.
    At the time of the NPL listing, the Site posed a threat to human 
health and the environment that was not being addressed under either 
CERCLA or RCRA corrective action authorities. At that time, EPA 
determined that the most expeditious way to address the contamination 
at the Site was through the use of CERCLA authorities. Since that 
determination, Frit Industries and ADPC&E on February 28, 1990, entered 
into a RCRA CAO LIS No. 91-161 and the order has been addressing all of 
the contamination at the Site pursuant to section 3008(h) of RCRA. Frit 
Industries fulfilled the conditions of the RCRA CAO and is currently in 
compliance with the Order. Consequently, if this Site were evaluated 
for NPL listing under the current conditions, the Site would qualify 
for deferral to RCRA.
    2. The CERCLA Site is currently being addressed by RCRA corrective 
action authorities under an existing enforceable order or permit 
containing corrective action provisions.
    As described previously, EPA and Frit Industries entered into a 
RCRA CAO, pursuant to section 3008(h) of RCRA, on February 3, 1983. 
Under the terms of that AOC, Frit Industries was required to complete 
an on-site and off-site investigation of the nature and extent of the 
release of hazardous wastes from the Site and to conduct a study to 
evaluate various cleanup alternatives. Frit Industries subsequently 
fulfilled the conditions of this AOC.
    As also described previously, ADPC&E and Frit Industries entered

[[Page 40033]]

into a RCRA CAO, pursuant to section 3008(h) of RCRA, on February 28, 
1990. The 1990 RCRA CAO will remain in effect until such time when 
ADPC&E determines that the terms of this order have been satisfied. 
Frit Industries has been in compliance with the RCRA CAO. All known 
groundwater contamination is being addressed through ADPC&E and EPA's 
exercise of its corrective action authorities pursuant to RCRA.
    3. Response under RCRA is progressing adequately.
    Corrective action is progressing satisfactorily under the RCRA CAO, 
as described above. There has been no history of protracted 
negotiations due to lack of cooperation. See 60 FR 14642, 14643 (March 
20, 1995).
    4. Deletion would not disrupt an ongoing CERCLA action.
    The EPA has received the following concurrence from ADPC&E: ``The 
ADPC&E concurs in the decision to delete the site from the NPL, but 
reserves all of its rights, abilities and authorities to address 
contamination at the site and to pursue responsible parties regarding 
this contamination.''
    The EPA concludes that this Site meets the criteria under the new 
NPL deletion policy and announces its intention to delete the Site from 
the NPL.
    The EPA believes it is appropriate to delete sites from the NPL 
based upon the deferral policy to RCRA under these established 
circumstances. Deletion of this site from the NPL to defer it to RCRA 
Subtitle C corrective action authorities avoids possible duplication of 
effort and the need for Frit Industries to follow more than one set of 
regulatory procedures. Moreover, EPA and the State of Arkansas (ADPC&E) 
have determined that remedial actions conducted at the site to date and 
scheduled in future under RCRA actions have been and will remain 
protective of public health, and the environment.

    Dated: June 30, 1997.

    Approved By:
Lynda F. Carroll,
Acting Regional Administrator.
[FR Doc. 97-19396 Filed 7-24-97; 8:45 am]
BILLING CODE 6560-50-P