[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Proposed Rules]
[Pages 42630-42632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6412-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Kassouf-Kimerling Superfund Site 
from the National Priorities List (NPL): request for comments.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
4 announces its intent to delete the Kassouf-Kimerling Superfund Site 
from the National Priorities List (NPL) and requests public comment on 
this proposed 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) of 1980, as amended. EPA and the Florida 
Department of Environmental Protection (FDEP) have determined that the 
site poses no significant threat to public health or the environment 
and therefore, further response measures pursuant to CERCLA are not 
appropriate.

DATES: Comments concerning the proposed deletion of this site from the 
NPL may be submitted on or before September 7, 1999.

ADDRESSES: Comments may be mailed to: Richard D. Green, Director, Waste 
Management Division, United States Environmental Protection Agency, 
Region 4, 61 Forsyth Street, Atlanta, Georgia 30303-8909.
    Comprehensive information on this site is available through the EPA 
Region 4 public docket, which is available for viewing at the 
information repositories at two locations. Locations, contacts, phone 
numbers and viewing hours are: Record Center, U.S. EPA Region 4, 61 
Forsyth Street, Atlanta, Georgia 30303-8909, (404) 562-9530, hours: 
8:00 a.m. to 4:00 p.m., Monday through Friday by appointment only; 
Tampa/Hillsborough County Public Library/Special Collections, 900 North 
Ashley, Tampa, Florida 33602, (813) 273-3652, hours: 9:00 a.m. to 9:00 
p.m., Monday through Thursday, 9:00 a.m. to 5:00 p.m., Friday through 
Saturday.

FOR FURTHER INFORMATION CONTACT: Randa Chichakli, U.S. EPA Region 4, 
Waste Management Division, 61 Forsyth Street, Atlanta, Georgia 30303-
8909, (404) 562-8928.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 4 announces its intent to delete the Kassouf-Kimerling 
Superfund Site, Hillsborough County, Tampa, Florida, from the National 
Priorities List (NPL), Appendix B of the National Contingency Plan 
(NCP) and requests comments on this deletion. The EPA identifies sites 
on the NPL that appear to 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 Trust 
Fund. Pursuant to 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.

[[Page 42631]]

    EPA will accept comments on the proposal to delete this site from 
the NPL for thirty calendar days after publication of this document in 
the Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses how this 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 300.425 (e), sites maybe 
deleted from or re-categorized on the NPL where no further response is 
appropriate. In making this determination, EPA shall consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    1. Responsible parties or other persons have implemented all 
appropriate response actions required;
    2. ALL appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    3. 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.
    If a site is deleted from the NPL where hazardous substances, 
pollutants, or contaminants remain at the site above levels that allow 
for unlimited use and unrestricted exposure, EPA's policy is that a 
subsequent review of the site will be conducted at least every five 
years after the initiation of the remedial action at the site to ensure 
that the site remains protective of public health and the environment. 
If new information becomes available which indicates a need for further 
action, EPA may initiate remedial actions. Whenever there is a 
significant release from a site deleted from the NPL, the site may be 
restored to the NPL without the application of the Hazardous Ranking 
System.

III. Deletion Procedures

    EPA will accept and evaluate public comments before making a final 
decision on deletion from the NPL. Comments from the local community 
may be the most pertinent to deletion decisions. The following 
procedures were used for the intended deletion of the Site:
    1. EPA has recommended deletion and has prepared the relevant 
documents;
    2. FDEP has concurred with the deletion decision;
    3. Concurrently with this Notice of Intent to Delete, notices have 
been published in local newspapers and have been distributed to 
appropriate federal, state and local officials and other interested 
parties announcing a 30-day public comment period on the proposed 
deletion from the NPL;
    4. EPA has made all relevant documents available at the information 
repositories;
    5. EPA will respond to significant comments, if any, submitted 
during the public comment period.
    Deletion of the site from the NPL does not itself create, alter, or 
revoke any individual rights or obligations. The NPL is designed 
primarily for informational purposes to assist Agency management. EPA 
will prepare a Responsiveness Summary, if necessary, which will address 
the comments received during the public comment period.
    A deletion occurs when the Regional Administrator places a Notice 
of Deletion in the Federal Register. Any deletions from the NPL will be 
reflected in the next NPL update. Public notices and copies of the 
Responsiveness Summary, if necessary, will be made available to local 
residents by the Regional office.

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
intention to delete this Site from the National Priorities List.
    The Kassouf-Kimerling Superfund Site (also referred to as the 58th 
Street Landfill or the Site) is located in Hillsborough County, just 
north of Columbus Drive on the east side of 58th in Tampa, Florida. The 
Site is approximately 60 feet wide by 700 feet long and lies just east 
of 58th Street and west of the marsh separating the Site from 
Peninsular Fisheries. A canal was cut through the landfill in the late 
1970's and connects a marsh located west of 58th Street to the marsh 
just east of the Site.
    Prior to 1978, the soil and sediment at the Site were excavated and 
sold for their peat content. The excavation was then backfilled with 
refuse from a local battery-cracking and lead recovery facility. The 
landfill material consisted of rubber and plastic lead-acid battery 
casings covered by a thin layer of sand. The depth of the landfill 
material varied from 6 to 12 feet, with an estimated total fill volume 
of 11,350 cubic yards.
    The initial evaluation of the Kassouf-Kimerling Site was conducted 
by Florida Department of Environmental Regulation in 1981, along with 
several regulatory agencies, including EPA. Considering the possible 
threats the Site was proposed for inclusion on the National Priorities 
List (``NPL'') in October 1981. The Site appeared on the National 
Priorities List in EPA's first Federal Register citation in 1982. EPA 
and FDEP then conducted the Remedial Investigation (RI). The detailed 
study of the nature and extent of contamination was conducted from 
September 1985 to June 1988. The RI included geophysical 
investigations, soil borings, soil sampling, sediment sampling, 
groundwater sampling, and surface water sampling. These investigations 
identified lead contamination in soil and groundwater at the landfill 
as well as in the surface water and sediment of the adjacent marsh. The 
final RI report, Feasibility Study (FS), and Post FS Wetlands Impact 
Study were completed in 1989. The contaminants of concern are arsenic, 
cadmium, and lead. The cleanup levels for groundwater are outlined by 
the Florida Administrative Code for each contaminant of concern. For 
the soil and sediment, the Extraction Procedure (EP) Toxicity Test and 
the Toxicity Characteristic Leaching Procedure (TCLP) were used to 
establish acceptable concentrations.
    EPA issued two Records of Decision (RODs) to document the cleanup 
remedies selected for the Site. The first ROD, which was designated 
Operable Unit 1-OU1, addressed the source of contamination in the 
landfill area. The OU1 ROD was signed in 1989. The second ROD (Operable 
Unit 2-OU2), which was signed in 1990, addressed contamination found in 
the marsh/wetlands.
    The selected remedy for the OU1 ROD included the following 
components:
     Excavation of approximately 11, 356 cubic yards of 
contaminated materials;
     Contaminated materials were excavated at a maximum depth 
of 12 feet;
     Solidification/stabilization of excavated materials;
     Placement of solidified material on-site in the landfill 
area.
     The selected remedy for the OU2 ROD included the following 
components:
     Excavation and solidification of the upper two feet of 
marsh sediments near the landfill and in the canal east of the Site;
     Placement of solidified marsh waste on-site with treated 
landfill wastes. Backfill the marsh area and re-vegetate with grass and 
plants;
     Redesign the canal area so that the marsh will be flooded 
year round; and
     Initiate mitigation to components for wetlands impacted by 
the Site.

[[Page 42632]]

    The McKay Bay Nature Park was initially proposed to be the 
mitigation site, but EPA and FDEP determined that it was unacceptable 
since the portions of the bay were found to be contaminated.
    EPA decided to designate Mobbly Bay as the location for the 
wetlands mitigation and formalized this substitution with the March 
1997 Explanation of Significant Differences.
    In a Consent Decree (CD) signed with EPA, Gulf Coast Recycling 
(GCR) agreed to perform the Remedial Design/Remedial Action (RD/RA) as 
well as reimburse EPA for past costs and the cost for wetlands 
mitigation. Under the CD with EPA, GCR established a trust fund to 
ensure that the Site would have sufficient funds to conduct the 
Remedial Action, including the wetlands mitigation project.
    To date, all construction outlined in the OU1 ROD has been 
completed. The requirements of the OU2 ROD have also been completed. 
Annual groundwater and surface water monitoring will continue to 
confirm that groundwater levels remain below cleanup standards. The 
remedies selected for the OU1 and OU2 at the Kassouf-Kimerling Site are 
still effective and continue to protect human health, welfare and the 
environment.
    EPA conducted a five-year review on June 18, 1999 and concluded 
that the Remedial Action Objectives have been achieved, the remedy is 
effective and functioning as designed, and continues to remain 
protective of human health and the environment. EPA, has consulted with 
the Florida Department of Environmental Protection in evaluating the 
Site for deletion, and has determined that all appropriate actions at 
the Kassouf-Kimerling Superfund Site have been completed in accordance 
with the site Records of Decision, and that no further remedial action 
is necessary. Therefore, EPA is proposing deletion of the site from the 
NPL.

    Dated: July 26, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 99-20039 Filed 8-4-99; 8:45 am]
BILLING CODE 6560-50-P