[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Proposed Rules]
[Pages 40685-40687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20153]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6131-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Frontera Creek Site from the 
National Priorities List; Request for Comments.

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SUMMARY: The Environmental Protection Agency (EPA), Region II, 
announces its intent to delete the Frontera Creek Superfund Site (Site) 
from the National

[[Page 40686]]

Priorities List (NPL) and requests public comment on this action. The 
NPL, 40 CFR Part 300, Appendix B was promulgated pursuant to Section 
105 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA) and the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), 40 CFR Part 300. EPA and 
the Puerto Rico Environmental Quality Board (PREQB) have determined 
that all appropriate response/remedial actions have been completed and 
no further remedial action is appropriate under CERCLA. In addition, 
EPA and PREQB have determined that remedial activities conducted to 
date at the Site have been protective of public health, welfare, and 
the environment.

DATES: Comments concerning the deletion of the Site from the NPL may be 
submitted on or before August 31, 1998.

ADDRESSES: Comments should be submitted to: Luis E. Santos, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region II, 
Caribbean Environmental Protection Division, Centro Europa Building, 
Suite 417, 1492 Ponce de Leon Ave., Stop 22, San Juan, Puerto Rico 
00907-4127.
    Comprehensive information on the Site is contained in the EPA 
public docket and is available for viewing, by appointment only, at: 
U.S. Environmental Protection Agency, Region II, Caribbean 
Environmental Protection Division, Centro Europa Building, Suite 417, 
1492 Ponce de Leon Ave., Stop 22, San Juan, Puerto Rico 00907-4127, 
Phone: (787) 728-6951, extension 223, Hours: 8:30 A.M. to 4:30 P.M.--
Monday through Friday (excluding holidays); Contact: Luis E. Santos.
    Information on the Site is also available for viewing at the Site 
Administrative Record Repositories located at: P.R. Environmental 
Quality Board, National Plaza Bank, 431 Ponce de Leon Ave., Hato Rey, 
Puerto Rico 00917, Contact: Mr. Genarro Torres, Phone: (787) 766-2823, 
Hours: 8:30 A.M. to 4:30 P.M.--Monday through Friday (excluding 
holidays); and the Humacao Town Hall, Humacao, Puerto Rico, Contact: 
Mayor's Office Secretary, Phone: (787) 852-3066.

FOR FURTHER INFORMATION CONTACT: Luis E. Santos, (787) 728-6951 Ext. 
223.

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 II announces its 
intent to delete the Frontera Creek Site, Humacao, Puerto Rico from the 
National Priorities List (NPL), 40 CFR Part 300, and requests public 
comment on this deletion. The NPL is Appendix B to the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), which the EPA 
promulgated pursuant to Section 105 of CERCLA, as amended. The EPA 
identifies sites that 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 (the Fund). Pursuant to 
Sec. 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 on the proposal to delete this Site 
from the NPL for 30 days after publication of this document in the 
Federal Register until August 31, 1998.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that the EPA is 
using for this action. Section IV discusses how the Site meets the NPL 
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 300.425(e)(1)(i)-(iii), 
sites may be deleted from the NPL where no further response is 
appropriate. In making this determination, EPA, in consultation with 
PREQB, will consider whether any of the following criteria have been 
met:
    (i) Responsible 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 that the release poses 
no significant threat to public health or to the environment and, 
therefore, taking remedial measures is not appropriate.

III. Deletion Procedures

    The NCP provides that the EPA shall not delete a site from the NPL 
until the Commonwealth of Puerto Rico has concurred, and the public has 
been afforded an opportunity to comment on the proposed deletion. 
Deletion of a site from the NPL does not affect responsible party 
liability or impede agency efforts to recover costs associated with 
response efforts. The NPL is designed primarily for information 
purposes and to assist Agency management.
    EPA Region II will accept and evaluate public comments before 
making a final decision to delete the site. The Agency believes that 
deletion procedures should include public notice and comment at the 
local level. Comments from the local community may be pertinent to 
deletion decisions. The following procedures were used for the intended 
deletion of the Site:
    1. EPA determined the appropriate remedies at this site in a Record 
of Decision dated September 30, 1991.
    2. Responsible parties conducted the site clean-up as documented in 
a Remedial Action Completion Report dated May 1995.
    3. EPA determined in a September 1997 Superfund Site Close Out 
Report that all construction activities at this site have been 
completed.
    4. PREQB has concurred with the deletion decision in letter dated 
March 27, 1998.
    5. A Notice has been published in a local newspaper and distributed 
to appropriate federal, Commonwealth and local officials, and other 
interested parties announcing the commencement of a 30-day public 
comment period on EPA's Notice of Intent to Delete.
    6. All relevant documents have been made available for public 
review in the local Site information repositories.
    The comments received during the comment period will be evaluated 
before any final decision is made. EPA Region II will prepare a 
Responsiveness Summary, if necessary, which will address the comments 
received during the public comment period.
    If after consideration of these comments, the EPA decides to 
proceed with the deletion, the EPA Regional Administrator will place a 
Notice of Deletion in the Federal Register. The NPL will reflect any 
deletions in the next final update. Public notices and copies of the 
Responsiveness Summary, if any, will be made available to local 
residents by EPA Region II.

IV. Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for 
recommending deletion of the Frontera Creek Site, Humacao, Puerto Rico, 
from the NPL:
    The Frontera Creek Site is located on the eastern coast of Puerto 
Rico approximately 1.5 miles east of the City of Humacao. As defined in 
the Remedial Investigation/Feasibility Study (RI/FS) Administrative 
Order on Consent, the Frontera Creek Site includes Frontera

[[Page 40687]]

Creek downstream of Route 925, the Frontera Lagoons, Madri Canal south 
of Route 3, the Ciudad Cristiana housing development (Cristiana), the 
13 industries adjacent or in close proximity to the creek, and the 
suspected dredge spoil piles allegedly located on the bank of Frontera 
Creek adjacent to Ciudad Cristiana.
    Industrial wastewaters from industries within the Site were 
discharged into the creek from 1971 to 1981. Public concern about the 
site arose in 1977 following the death of thirty cows that grazed in 
the area. Since that time, the area has been investigated by the EPA, 
PREQB and several industries located in the vicinity. This 
investigation confirmed the presence of contaminants including mercury 
in sediments and surface water samples. As a result of the potential 
threat to public health, in August 1983, the Frontera Creek Site was 
included on the EPA's National Priorities List.
    In February 1985, the Puerto Rico Department of Health (PRDOH) 
found elevated levels of mercury in blood and urine samples from a 
number of residents in the Ciudad Cristiana development. In addition, 
the PREQB found mercury in soil samples. As a result, the Governor of 
Puerto Rico ordered the evacuation of the residents of the development. 
In March 1985, the PRDOH requested that the EPA evaluate the Ciudad 
Cristiana development for mercury contamination. The residents had 
alleged that during the construction of their homes, the area was 
contaminated. In response to this request, and in coordination with the 
Agency for Toxic Substances and Disease Registry (ATSDR), the EPA 
conducted a Focused Remedial Investigation to assess mercury 
contamination in the Ciudad Cristiana development. Soil samples from 
the Ciudad Cristiana development were analyzed for mercury 
contamination. ATSDR concluded that the mercury levels found did not 
present an immediate health threat to the residents of Ciudad 
Cristiana.
    On October 3, 1986, an Administrative Order on Consent (Consent 
Order) was issued by the EPA pursuant to Section 106(a) of CERCLA. The 
Consent Order required Miles Diagnostics Corporation; Miles, Inc.; 
Cooper Development Company; and Revlon, Inc. (``Settling Defendants'') 
to undertake a Remedial Investigation/Feasibility Study (RI/FS) 
covering the entire Frontera Creek Superfund Site.
    A Remedial Investigation (RI) was performed from January 1988 
through August 1989. The RI data indicated that elevated concentrations 
of mercury occurred primarily in surface soils at the Technicon 
property and in sediments in the Technicon ditch. The sampling done at 
the Ciudad Cristiana development and in the Frontera Creek itself did 
not find mercury levels of concern.
    A Record of Decision (ROD), which selected the remedy for the Site, 
was signed in September 1991. The selected remedy called for the 
excavation and proper disposal of all Site soils and sediments with 
mercury concentration in excess of 35 parts per million (ppm). On July 
8, 1992, Miles Diagnostics Corporation; Miles Inc.; Cooper Development 
Company; and Revlon, Inc. (``Settling Defendants'') signed a Consent 
Decree with the EPA for implementation of the selected remedy.
    Remedial Action was implemented according to the approved Final 
Remedial Design Report document, dated December 27, 1994. Excavation 
activities, initiated on March 7, 1995 were substantially completed as 
of March 30, 1995. Off-site transportation for disposal of rolloffs 
containing excavated waste, was initiated on April 18, 1995 and 
completed on April 22, 1995.
    The remediated Site areas, as required by the ROD, were two areas 
within the Technicon ditch (known as Areas 1 and 2) and one area near 
the former raw materials storage area at the Technicon facility (known 
as Area 3). The volumes and media removed in each were Area 1--83 cubic 
yards of Technicon Ditch sediments, Area 2--49 cubic yards of Technicon 
Ditch sediments and Area 3--159 cubic yards of soils and 32 yards of 
concrete. The Area 2 excavation was expanded to remove an additional 
33.5 cubic yards of sediments based on the results of the post-
excavation sampling and analysis.
    All the completion requirements for this Site have been met as 
described in the ``Superfund Site Close Out Report'' dated September 
1997. Activities at the Site have resulted in the removal of mercury 
contaminated soils and sediments from the Site and have provided for 
the off-site disposal of contaminated soils and sediments. EPA has 
determined that responsible parties have completed all appropriate 
response action necessary under CERCLA at this site and that no further 
construction activities by responsible parties are necessary. In 
addition, for the activities undertaken at this Site under CERCLA, EPA 
identified an air release of methylene chloride. EPA determined the 
source of the air release to be the Squibb facility located within the 
Site. Squibb voluntarily reduced emissions of methylene chloride to 
acceptable levels. Consequently, EPA is proposing deletion of this Site 
from the NPL. Documents supporting this action are available in the 
docket.
    The EPA and PREQB have determined that the remedy implemented at 
the Site is protective of human health and the environment and that no 
further cleanup by responsible parties is appropriate. Hazardous 
substances were cleaned up to levels that would allow for unlimited use 
and unrestricted access, therefore the five-year review requirement of 
Section 121(c) of CERCLA, as amended, is not applicable. On September 
30, 1997, the EPA signed the Superfund Site Close Out Report for the 
Site, prepared in accordance with OSWER Directive 9320.2-09, ``Close 
Out Procedures for National Priorities List Sites''.

    Dated: June 18, 1998.
William J. Muszynski,
Acting Regional Administrator, Region II.
[FR Doc. 98-20153 Filed 7-29-98; 8:45 am]
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