[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Proposed Rules]
[Pages 61051-61054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29073]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6471-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Jacksonville Municipal Landfill 
Superfund site from the National Priorities List.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
6 announces its intent to delete the Jacksonville Municipal Landfill 
Superfund Site (``the 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 the EPA 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. 
The EPA and the State of Arkansas Department of Environmental Quality 
(ADEQ), have determined that the remedial action for the Site has been 
successfully completed and that no further action is warranted.

DATES: Comments on this proposed deletion may be submitted to the EPA 
on or before December 9, 1999.

ADDRESSES: Comments may be mailed to: Mr. Donn Walters, Community 
Involvement Coordinator, U.S. EPA (6SF-P), 1445 Ross Ave., Dallas, 
Texas 75202-2733, (214) 665-6483 or 1-800-533-3508 (Toll Free), 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Aisling, Remedial Project 
Manager, U.S. EPA (6SF-LT), 1445 Ross Avenue, Dallas, Texas 75202-2733, 
(214) 665-8509 or 1-800-533-3508 (Toll Free), [email protected].

SUPPLEMENTARY INFORMATION:

Information Repositories

    Comprehensive information on the Site has been compiled in a public 
docket which is available for viewing at the Jacksonville Municipal 
Landfill Superfund Site information repositories:

U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 
75202-2733, (214) 665-6427, Mon.-Fri. 8:00 a.m.-4:30 p.m., (Please call 
in advance.)
City Hall (Administrative Record File), 1 Industrial Drive, 
Jacksonville, Arkansas, Mon.-Fri. 8 a.m.-5 p.m.
Base Library, Little Rock Air Force Base, Jacksonville, Arkansas, Mon.-
Thurs. 10 a.m.-8 p.m., Fri. and Sat. 10 a.m.-5 p.m.
Arkansas Department of Environmental Quality (Administrative Record 
File), 8001 National Drive, Little Rock, Arkansas, Mon.-Fri. 8 a.m.-
4:30 p.m.

Table of Contents

I. Introduction
II. NPL Deletion Criteria

[[Page 61052]]

III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    The United States Environmental Protection Agency (EPA) Region 6 
announces its intent to delete the Jacksonville Municipal Landfill 
Superfund Site (``the Site'') in Lonoke County, Arkansas, from the 
National Priorities List (NPL). The NPL constitutes appendix B of 40 
CFR part 300 which is the Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which the EPA promulgated pursuant to section 
105 of the Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA) of 1980, 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 these sites. The 
EPA and the State of Arkansas Department of Environmental Quality 
(ADEQ), have determined that the remedial action for the Site has been 
successfully completed.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures the EPA is 
using for this action. Section IV discusses the Jacksonville Municipal 
Landfill Superfund Site and demonstrates how it meets the deletion 
criteria.

II. NPL Deletion Criteria

    Section 300.425(e)(1) of the NCP provides that releases may be 
deleted from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a release from the 
NPL, the EPA shall consider, in consultation with the state, whether 
any of the following criteria have been met:
    i. Responsible parties or other parties have implemented all 
appropriate response actions required;
    ii. All appropriate response under CERCLA has 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, 
the taking of remedial measures is not appropriate.
    Even 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, 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 action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, the EPA 
may initiate additional remedial actions. Whenever there is a 
significant release from a site deleted from the NPL, the site may be 
restored to the NPL without application of the Hazard Ranking System.
    In the case of this Site, the selected remedy is protective of 
human health and the environment. Consistent with the Site Consent 
Decree, the city of Jacksonville has agreed to take over operation and 
maintenance of the Site and conduct annual inspections. The EPA plans 
to conduct the first five-year review of the final remedy in late 1999. 
The EPA will also perform future five-year reviews.

III. Deletion Procedures

    The following procedures were used for the intended deletion of the 
Site:
    (1) all appropriate response under CERCLA has been implemented and 
no further action by the EPA is appropriate;
    (2) The ADEQ has concurred with the proposed deletion decision;
    (3) A notice has been published in the local newspapers and has 
been distributed to appropriate Federal, state, and local officials and 
other interested parties announcing the commencement of a 30-day public 
comment period on the EPA's Notice of Intent to Delete; and
    (4) All relevant documents have been made available in the local 
site information repositories.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management. 
As mentioned in section II of this document, Sec. 300.425(e)(3) of the 
NCP states that the deletion of a site from the NPL does not preclude 
eligibility for future response actions, should future conditions 
warrant such actions.
    The EPA's regional office will accept and evaluate public comments 
on the EPA's Notice of Intent to Delete for the Site before making a 
final decision to delete. If necessary, the Agency will prepare a 
Responsiveness Summary to address any significant public comments 
received.
    Deletion of the Site from the NPL will occur when the Regional 
Administrator of the EPA Region 6 places a final notice in the Federal 
Register. Generally, the NPL will reflect deletions in the final update 
following the Notice. Public notices and copies of the Responsiveness 
Summary will be made available to local residents by the Regional 
office. They will also be placed in the repository locations listed 
earlier in this document.

IV. Basis for Intended Site Deletion

    The following information provides the Agency's rationale for the 
proposal for deletion of this Site from the NPL.

A. Site Background and History

    The Site is encompasses about 40 acres of an 80 acre landfill in 
Lonoke County, outside the city limits of Jacksonville, Arkansas, 
approximately 12 miles northeast of Little Rock, Arkansas. An estimated 
10,000 people live within three miles of the Site and draw drinking 
water from public and private wells. Less than one-half mile west of 
the Jacksonville Municipal Landfill Superfund Site is the Rogers Road 
Municipal Landfill Superfund Site. Because of the proximity of the 
sites and the similarities in their features and characteristics, the 
Superfund site-related activities for these sites were carried out 
concurrently.
    The city of Jacksonville operated the landfill from the time it 
purchased the land in 1953 until 1974. Open burning and trenching were 
the primary methods of waste disposal used at the Site. The landfill 
was closed in July 1973 when the ADEQ (formerly the Arkansas Department 
of Pollution Control and Ecology) refused to grant a landfill permit 
because of the high water table and poor drainage in the area.
    Specific waste types and quantities were not recorded by the Site 
owner/operators; however, in addition to municipal waste, several drums 
of industrial waste from a local herbicide manufacturer, Vertac 
Chemical Corporation (Vertac), were disposed of in the landfill. On-
site soil and drums were found to be contaminated with dioxin (2,3,7,8-
tetrachlorodibenzo (P) dioxin expressed as 2,3,7,8-TCDD equivalents) 
and the herbicides 2,4-D, 2,4,5-T, and 2,4,5-TP. These drums were 
located in four isolated areas, mainly near the surface of the 
landfill.
    In early 1986, the city of Jacksonville fenced the Site to prevent 
public access. The Site was added to the National Priorities List on 
July 22, 1987.

B. Response Actions

    The Remedial Investigation (RI) for the Site, which described the 
nature and extent of contamination, was released to the public in July 
1990. The Feasibility Study (FS) was also released at this time. A 60-
day public comment period began on July 9, 1990, and ended on September 
7, 1990. In addition, a public meeting was held on July 18, 1990, to

[[Page 61053]]

present the results of the RI/FS and to accept public comment.
    The EPA reviewed the results of the July 1990 RI/FS and all public 
comments received. On September 27, 1990, a Record of Decision (ROD) 
for the Site, which included a number of construction elements to 
implement the Remedial Action, was issued. The EPA, the ADEQ, and the 
city of Jacksonville participated in the clean-up in accordance with a 
June 20, 1994, Consent Decree (CD) between the EPA and the city of 
Jacksonville.
    The remedial action at the Site included:
     Excavation of contaminated soil and debris containing 
greater than 10 parts per billion (ppb) equivalent 2,3,7,8-TCDD and 
backfilling the excavated area;
     Transportation of the excavated material to the Vertac 
Chemical Corporation Superfund Site in Jacksonville, Arkansas;
     Incineration of the excavated contaminated material and 
disposal of residuals at Vertac;
     Steam-cleaning and disposal of large items of refuse 
removed from contaminated areas at the Jacksonville Site;
     Covering soil, debris and waste meeting the criteria 
stated below with twelve inches of soil:

(1) 2,3,7,8-TCDD concentrations >1.0 and 10 ppb, or
(2) Cumulative Hazard Index >.3 for
    2,4,5-T; 2,4,5 TP; and 2,4-DCP;

     Institutional controls such as fence maintenance and 
restricting the use of ground water; and,
     Ground water monitoring.
    Construction was completed in early 1995. A site inspection 
occurred on September 20, 1995, which showed that the remedial 
objectives had been achieved. The EPA also checked the Site on 
September 1, 1998. At that time, the constructed remedy was still 
performing as designed and was controlling the risks to human health 
and the environment as specified in the ROD. The soil cover was in 
excellent shape with no evidence of subsidence, erosion, animal 
burrows, or standing water. The grass cover was well-established and 
provided thorough coverage of the soil cover. The site fences had been 
maintained and there was no evidence of trespassers.

C. Clean-Up Standards

    The remedial action cleanup activities at the Site are consistent 
with the objectives of the NCP and will provide protection to human 
health and the environment. Specifically, confirmatory sampling 
conducted at the conclusion of the cleanup verified that the site has 
achieved the ROD cleanup standards: all contaminated soil and debris 
containing greater than 10 part per billion (ppb) equivalent 2,3,7,8-
TCDD were excavated and all soil and debris with 2,3,7,8-TCDD 
concentrations >1.0 and 10 ppb, or with a Cumulative Hazard 
Index >.3 for 2,4,5-T and 2,4,5 TP were either excavated or covered 
with one foot of clean soil. Ground water samples taken in November 
1994, June 1995, December 1995, October 1996, and November 1997, did 
not show dioxin contamination, nor did they show any site-related, 
statistically significant concentrations of organic contaminants or 
inorganic (metals) contaminants above acceptable health-based levels.
    The confirmatory sampling at the Site and backfilling of the Site 
with clean soil provide assurances that the Site will no longer pose a 
threat to human health or the environment as long as the institutional 
controls are enforced and the soil cover is maintained. The source of 
contaminants identified in the ROD, the disintegrating drums and 
adjacent contaminated soil, has been addressed through excavation and 
covering with a clean soil cover. The cleanup also eliminated the 
impacts to the ground water from the chemicals of concern at the Site.
    At this time, the Site has been cleaned up to residential 
standards. Therefore, from a health-risk standpoint, the landfill 
itself has no land-use restrictions, except for the areas where EPA 
placed a soil cover. Institutional controls, in the form of deed 
restrictions, state that the soil cover may not be disturbed. 
Additional deed restrictions state that no drinking water wells may be 
drilled at the Site.

D. Operations and Maintenance

    The Site is designed to require very little maintenance. Site 
operations and maintenance (O&M) activities that have been performed by 
the city of Jacksonville since the 1995 site completion include routine 
site inspections to ensure that positive drainage (as defined in the CD 
Statement of Work) is occurring and that the perimeter fence is intact. 
These activities have maintained the protectiveness of the remedy. In 
addition, Site ground water monitoring, to ensure that the remedy was 
effective and operating properly, has been conducted jointly by the 
ADEQ and the city of Jacksonville.
    The city of Jacksonville, as agreed upon in the CD and accompanying 
Statement of Work and as detailed in the Remedial Action (RA) Work 
Plan, has assumed all responsibility for O&M at the Site. Plans for O&M 
are in place and are sufficient to maintain the protectiveness of the 
remedy. The city is fulfilling its obligation to perform the O&M and it 
is expected that the city of Jacksonville will be able to provide 
future maintenance with a minimal amount of work.

E. Five-Year Review

    CERCLA requires a five-year review of all sites with hazardous 
substances remaining above the health-based levels for unrestricted use 
of the Site. Because the cleanup of the Site utilized a soil cover in 
some areas as the method to reduce the risk, and because the ROD calls 
for institutional controls limiting ground water use on and immediately 
downgradient of the Site, the five-year review process will be used to 
ensure that the cover is still intact and blocking exposure pathways 
and that the institutional controls are still in place.

F. Community Involvement

    The EPA published its Community Relations Plan in November 1988, 
after interviews with local residents and officials. Several 
information repositories were established in the area near the Site and 
all of the documents used to select a Site remedy were placed in the 
repositories before the final ROD was issued. In August 1994, a public 
open house meeting was held to inform the citizens of the initiation of 
site construction activities. Citizens were also invited to the site 
completion ceremony held in September 1995. Documents in the deletion 
docket which the EPA relied on to make this recommendation of deletion 
of the Site from the NPL are available to the public in the information 
repositories.

G. Applicable Deletion Criteria

    One of the three criteria for site deletion specifies that the EPA 
may delete a site from the NPL if ``all appropriate Fund-financed 
response under CERCLA has been implemented, and no further response 
action by responsible parties is appropriate.'' (40 CFR 
300.425(e)(1)(ii)). The EPA, with concurrence of the ADEQ, believes 
that this criterion for deletion has been met. Consequently, the EPA is 
proposing deletion of the Site from the NPL. Documents supporting this 
action are available at the information repositories listed earlier in 
this document.

H. State Concurrence

    The Arkansas Department of Environmental Quality concurs with the 
proposed deletion of the Jacksonville

[[Page 61054]]

Municipal Landfill Superfund Site from the NPL.

    Dated: August 3, 1999.
Myron O. Knudson,
Acting Regional Administrator, Region 6.
[FR Doc. 99-29073 Filed 11-8-99; 8:45 am]
BILLING CODE 6560-50-P