[Federal Register Volume 66, Number 146 (Monday, July 30, 2001)]
[Rules and Regulations]
[Pages 39284-39288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18818]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7020-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Dixie Caverns County 
Landfill Superfund Site from the National Priorities List.

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

SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final notice of deletion of the Dixie Caverns 
County Landfill Superfund Site (Site), located in Roanoke County, near 
Salem, Virginia, from the National Priorities List (NPL).
    The NPL, promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the Commonwealth of Virginia, through the Virginia 
Department of Environmental Quality, because EPA has determined that 
all appropriate response actions under CERCLA have been completed and, 
therefore, further remedial action pursuant to CERCLA is not 
appropriate.

DATES: This direct final deletion will be effective September 28, 2001 
unless

[[Page 39285]]

EPA receives adverse comments by August 29, 2001. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
deletion in the Federal Register informing the public that the deletion 
will not take effect.

ADDRESSES: Comments may be mailed to: Matthew T. Mellon, Remedial 
Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, 
Philadelphia, PA 19103-2029, (215) 814-3168.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region III, Regional Center for 
Environmental Information (RCEI), 1650 Arch Street (2nd Floor), 
Philadelphia, PA 19103-2029, (215) 814-5254, Monday through Friday, 8 
a.m. to 5 p.m.; and the Glenvar Branch of the Roanoke County Public 
Library, 3917 Daugherty Road, Salem, VA 24153, (540) 387-6163, Monday 
through Thursday, 9 a.m. to 9 p.m. and Friday through Saturday, 9 a.m. 
to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Matthew T. Mellon, Remedial Project 
Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia, 
PA 19103-2029, (215) 814-3168 or 1-800-553-2509.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region III is publishing this direct final notice of deletion 
of the Dixie Caverns County Landfill Superfund Site from the NPL.
    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. As described in the Section 300.425(e)(3) of the NCP, 
sites deleted from the NPL remain eligible for remedial actions if 
conditions at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective September 28, 2001 
unless EPA receives adverse comments by August 29, 2001 on this 
document. If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely withdrawal 
of this direct final deletion before the effective date of the deletion 
and the deletion will not take effect. EPA will, as appropriate, 
prepare a response to comments and continue with the deletion process 
on the basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.
    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 the Dixie Caverns County Landfill 
Superfund Site and demonstrates how it meets the deletion criteria. 
Section V discusses EPA's action to delete the Site from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases 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 State, whether any of the following criteria have 
been met:
    i. responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) 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 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 deleted site above levels 
that allow for unlimited use and unrestricted access, CERCLA Section 
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site 
be conducted at least every five years after the initiation of the 
remedial action at the deleted 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, EPA may 
initiate remedial actions. Whenever there is a significant release from 
a site deleted from the NPL, the deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the Commonwealth of Virginia on the 
deletion of the Site from the NPL prior to developing this direct final 
notice of deletion.
    (2) The Commonwealth of Virginia concurred with deletion of the 
Site from the NPL.
    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice of the availability of the parallel notice of 
intent to delete published today in the ``Proposed Rules'' section of 
the Federal Register is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate federal, state, and local government officials and other 
interested parties; the newspaper notice announces the 30-day public 
comment period concerning the notice of intent to delete the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely notice of 
withdrawal of this direct final notice of deletion before its effective 
date and will prepare a response to comments and continue with the 
deletion process on the basis of the notice of intent to delete and the 
comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
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.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Executive Summary of the Basis for Site Deletion

    The Dixie Caverns County Landfill was operated from 1965 to 1976. 
The Site was the focus of two Removal Actions and two Records of 
Decision (RODs). Through these actions, a fly ash pile was removed for 
High Temperature Metals Recovery (HTMR); sediment from two streams that 
had been contaminated by this ash were excavated, stabilized, and 
landfilled on Site; numerous drums were removed from the Site; and 
sludge and associated

[[Page 39286]]

soils and sediment were excavated and disposed of off-site.
    The only waste remaining at the Site is contained in a landfill 
area (specifically constructed for it) as ``concrete-like'' stabilized 
blocks and in a small (5 cubic yards) pocket of fly ash-contaminated 
sediments, securely entombed deep in an inaccessible stream bank. To 
date, there has been no leachate collected from the NPL landfill, 
although the leachate collection system is indeed functioning properly. 
Since there has been no leachate produced, no analyses have been 
necessary. The condition of the landfill and cap are good, and there 
are no significant erosional problems at the Site.
    Consequently, the remedy implemented at the Site for the 
stabilization and containment of sediments contaminated with arc-
furnace fly ash (listed as K061 waste under the Resource Conservation 
and Recovery Act (RCRA)) has been, and remains, protective. The streams 
flowing through the Site have recovered well from the impact of the 
removal actions, and appear to be ecologically quite healthy.

Summary of Contaminated Areas Addressed at Dixie Caverns County 
Landfill Superfund Site:

     Drum Disposal Area--August 1988 through May 1989: Drums 
stabilized and overpacked for transport off-site to a hazardous waste 
disposal facility.
     Sludge Pit--August 1988 through May 1989: Removal, 
stabilization and off-site disposal of approximately 500 cubic yards of 
sludge and contaminated soil.
     Fly Ash Pile--August 1994 through January 1996: Excavation 
and transport of approximately 9,000 cubic yards of fly-ash material to 
off-site High Temperature Metals Recovery (HTMR) facility.
     Stream Sediments and Soil--1993 through 1997: Excavation, 
stabilization and containment of contaminated soils and stream 
sediments related to the fly ash pile; and placing the ``concrete-
like'' blocks into an on-site landfill.

Site History and Characteristics

    The Dixie Caverns Landfill Site (``Site'') is located in Roanoke 
County, near Salem, Virginia, along State Route 778, approximately one 
mile west of Exit 132 (``Dixie Caverns'') on Interstate 81 (heading 
south from Roanoke). The landfill is currently owned by the County of 
Roanoke, and was operated by the County from 1965 until 1976. During 
its operation, the landfill received unknown quantities of industrial 
refuse, scrap metal, fly ash, sludge, and other industrial wastes. When 
the landfill was closed in July 1976, it contained an estimated 440,000 
cubic yards of waste covering approximately 39 acres.
    The Site is located in a rural area with the nearest residence 
located approximately one-half mile southeast along Twine Hollow road. 
A total of 235 residents live within a one-mile radius of the Site, and 
an estimated 2,110 residents live within three miles. Within one mile 
of the Site, private wells are used as the source of potable water.
    Municipal and industrial wastes were first disposed of at the Site 
in 1965. In 1972, the County of Roanoke was notified by the 
Commonwealth of Virginia that its operation had to be phased out by 
July 1, 1973, which was the deadline for jurisdictions to obtain a 
solid waste disposal permit. After several unsuccessful attempts to 
obtain a permit, the landfill ceased operation in July 1976.
    In June 1983, EPA completed a Preliminary Assessment of the Site 
and identified several disposal areas including a large fly ash pile of 
undetermined constituents. As a result of these initial investigations, 
the County of Roanoke signed a Consent Order with EPA in September 1987 
to conduct a Removal Action at three disposal areas--a discarded drum 
area, a sludge pit, and the fly ash pile. The County completed removal 
activities in the drum area and sludge pit. EPA approved the County 
plan to treat the fly ash using a proprietary stabilization process. 
The treated waste was to be placed on Site. Prior to initiation of 
full-scale treatment, the Commonwealth of Virginia identified 
inconsistencies between the county plan and state regulations. EPA 
consequently recommended that the County suspend the Removal Action for 
stabilization of the fly ash pile.
    For the Drum Disposal Area, removal activities consisted of the 
removal of construction debris, tires, and approximately 300 drums, 
along with identification (if possible) of the drum's origin. Prior to 
removal, each drum was visually inspected, field-tested, pumped, 
overpacked, and/or moved directly to a drum staging area. Drums were 
inspected for identifying labels or other information pertaining to 
their possible contents, drum integrity, and volume of material. Drums 
containing liquids were pumped and/or overpacked prior to removal to 
the designated staging/sampling area. Compatible liquids were 
consolidated into a bulk storage/transportation tanker, and 
incompatible liquids and non-pumpable sludges were pumped, overpacked 
or stabilized in drums for off-site disposal in an approved hazardous 
waste disposal facility.
    Drums containing solid material were overpacked, and/or removed and 
placed in the designated sampling/staging area. All solids requiring 
disposal were either blended with other solids for bulk disposal or 
disposed of as drummed waste in an approved hazardous waste facility. 
Sampling from the drum disposal area indicated high levels of volatile 
and semi-volatile organic compounds.
    Removal activities for the sludge pit consisted of the removal of 
approximately 500 cubic yards of sludge and contaminated soil, followed 
by disposal off-site in an approved hazardous waste disposal facility, 
post excavation sampling to ensure all hazardous materials had been 
removed, backfill and grading with clean fill, and revegetating the 
area for erosion control. This area contained high levels of various 
organic compounds.
    The Dixie Caverns Landfill Site was proposed for listing on the 
Superfund National Priorities List (NPL) on January 22, 1987. The Site 
was formally listed on the NPL on October 4, 1989.
    On January 2, 1988 and April 26, 1989, EPA sent special notice 
letters pursuant to Section 122(e) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. Section 
9622(e), to identified Potentially Responsible Parties (PRPs) and to 
offer them the opportunity to perform a Remedial Investigation and 
Feasibility Study (RI/FS) of the Site. When the PRPs declined to 
perform the work in July 1989, EPA initiated an RI/FS to determine the 
full nature and extent of contamination at the Site.
    Although the Remedial Investigation had not yet been completed, EPA 
had sufficient information in September 1991, to determine the 
appropriate remedy for the fly ash, identified under the Resource 
Conservation and Recovery Act (RCRA) as K061. This waste is a listed 
hazardous waste under the regulations promulgated at 40 CFR 261.32 
pursuant to RCRA, 42 U.S.C. Sections 6901 et seq. The K061 waste pile 
contained several metals, including lead, cadmium and zinc, at levels 
that presented an imminent and substantial threat to human health and 
the environment. On September 30, 1991, EPA issued a Record of Decision 
(ROD) to address the approximately 9,000 cubic yards of K061 waste (fly 
ash) present at the Site. As described in the 1991 ROD, the selected 
remedy for the fly ash pile was removal of the fly ash from the Site 
and treatment of the fly

[[Page 39287]]

ash at a High Temperature Metals Recovery (HTMR) facility. The fly ash 
pile was addressed separately from the rest of the Site as Operable 
Unit 1 (OU1). The PRPs entered into a consent decree with EPA in June 
of 1993 agreeing to implement the remedy selected in the OU1 ROD.
    The Remedial Action (construction) was formally initiated on August 
15, 1994. The contractor conducted remedial activities as planned, and 
no additional areas of contamination were identified. EPA Concurrence 
Notices dated November 15, 1995 and January 30, 1996 were issued to the 
PRP pursuant to the OU1 Consent Decree to document that the ``Remedial 
Action'' and the ``Work'' had been completed and the Performance 
Standards of the OU1 ROD had been achieved.
    At the time that the 1991 ROD was issued, EPA designated all other 
areas of the Site (except the K061 waste pile) as Operable Unit 2 
(OU2). These areas were addressed in a Remedial Investigation Report 
dated January 1992. As part of the Remedial Investigation for OU2, 
surface water and sediment samples were obtained from the small streams 
adjacent to the northern portion of the Site. The analytical results of 
these samples were evaluated and three contaminants of potential 
concern (lead, cadmium and zinc) were identified.
    Because of the high levels of inorganic contaminants found in the 
stream sediments, the EPA evaluated the need for an expedited response. 
EPA subsequently determined that an imminent threat to public health, 
welfare and/or the environment existed due to the actual release of 
hazardous substances from the Site. As a result, on August 28, 1992, 
EPA and the PRPs entered into an Administrative Order by Consent for 
Removal Action (Removal Order) pursuant to Sections 106(a) and 122(a) 
of CERCLA, 42 U.S.C. Sections 9606(a) and 9622(a). The Removal Order 
required that the PRPs:
     Identify the extent of contamination exceeding ecological 
risk-based levels in two streams at the Site and in soils in the 
vicinity of and directly beneath the K061 waste pile,
     Eliminate the effect of contamination on aquatic and 
vegetative species located in and around the two streams and,
     Remove, treat, and/or dispose of contaminated soils in the 
vicinity of and directly beneath the K061 waste pile.
    The Removal Order required that the PRPs develop and implement a 
Response Action Plan (RAP) to meet the requirements of the Removal 
Order. The RAP included sampling the streams to determine the extent of 
contamination, and then excavating the sediment contaminated by the fly 
ash and the contaminated soils underlying the fly ash pile. The 
contaminated sediment and soil would then be stabilized using a 
proprietary process developed by Roanoke Electric Steel and approved by 
EPA and Virginia regulatory agencies. The process would involve 
stabilizing the waste to form concrete-like blocks, and then 
landfilling the blocks on-site in a properly designed landfill. After 
cleanup, sampling and analysis would confirm the success of the plan.
    Implementation of the RAP took place over a five-year period from 
1993 to 1997. The work took place in five stages. The first step 
included sampling and analysis of stream sediment. Erosion and sediment 
control measures were designed and implemented, access to adjoining 
properties was obtained, and plans were made to manage contaminated 
water.
    The second and third steps involved excavation and stabilization of 
contaminated soil and sediment.
    The fourth step involved landfill construction and final disposal. 
A geological and hydrogeological investigation confirmed the 
suitability of the Site for a landfill. The RCRA subtitle ``C'' 
landfill was designed in compliance with all applicable regulations. 
The landfill was filled, capped, and certified closed.
    The fifth step was site cleanup. Access, roadway, and production 
areas were cleaned, equipment was decontaminated, and mixing equipment 
was disposed of.
    A report certifying the successful cleanup of soils in the vicinity 
of and directly beneath the K061 waste pile was submitted by the PRPs 
on September 26, 1995. Work on sediment removal and stabilization 
continued through the early summer of 1997. A final inspection was 
conducted by EPA on July 31, 1997. A Report entitled ``Implementation 
of a Response Action Plan to Remove, Stabilize, and Dispose of Soils 
and Sediment at Dixie Caverns Landfill'' dated September 4, 1997 was 
submitted by the PRPs documenting that all requirements of the Removal 
Order had been met. EPA accepted this report on September 18, 1997.
    EPA selected ``no further action'' as the remedy for OU2. The OU2 
ROD covered those areas of the Site which were not addressed by OU1 
(the K061 waste pile) or the Removal Order (sediments in the adjacent 
stream and soils in the vicinity of and beneath the K061 waste pile). 
EPA's rationale for the ``no further action'' decision was that 
previous remedial and removal actions addressed all risks posed by the 
Site and no further action was necessary. The OU2 ROD was signed on 
September 28, 1992.
    There are no long-term requirements associated with the work of the 
OU1 ROD and the OU1 Consent Decree. A Post-Closure Care Plan for the 
on-Site landfill containing the stabilized soils and sediments has been 
developed to provide methods and schedules for operation and 
maintenance of the landfill components, including vegetative cover, 
erosion and sediment control, and the landfill leachate collection and 
disposal system.
    A small pocket of sediment in the south bank of the large sediment 
pond was unable to be excavated due to its inaccessible location. The 
pocket consists of about 5 cubic yards of contaminated sediment. The 
pocket is buried under 7 feet of clay and is protected from erosion by 
the stream by a large culvert directing flow around it. Abandonment of 
this sediment pocket was approved by EPA after demonstrations showed 
that long-term entombment was practical. A yearly walk-by of this 
location for 5 years after closure was required to ensure that erosion 
did not begin to threaten the pocket. If future inspections indicate 
that the integrity of the pocket is threatened, repairs shall be made 
to ensure the entombment. The adjacent sediment control structures, 
including the piping and drop inlet are inspected regularly to verify 
that they are free of debris.
    The cap enclosing the landfill has been very effective, and so 
impermeable that there has been no leachate collected for analysis or 
disposal to date. Consequently, the objective of on-site containment 
has been completely obtained, and the Site is in compliance with the 
goals of the Response Action Plan (for the second Removal).
    The only remaining activity to be performed at the Dixie Caverns 
County Landfill Superfund Site is ongoing Operations and Maintenance 
(O&M) of the landfill containing the stabilized sediment and soils. 
Also, since waste remains on the Site such that there is not unlimited 
use and unrestricted access, EPA will continue to perform five year 
reviews at the Site.
    On October 28, 1999, EPA inspected the Site. Upon arriving at the 
Site, the fence and gates were found to be intact, and adequately 
secured. Just inside the entrance to the Site, the lower leachate 
collection and pre-treatment systems (which operate for the entirety of 
the landfill, not just the NPL Site) appeared to be in good working 
order. The surface of the landfill containing the stabilized sediment 
and soil was in good

[[Page 39288]]

condition, although vegetation exhibited occasional sparse patches. The 
landfill cap, however, had only minor evidence of erosion, which the 
County stated would be addressed in routine maintenance, along with 
some re-seeding.
    EPA conducted a second site visit on June 20, 2001. The fence was 
again found to be in good condition, and the gate appeared to be in 
working order. The leachate collection system is still working 
properly, and the small amount of leachate collected from the municipal 
landfill no longer requires pre-treatment (though it is periodically 
sampled and analyzed to confirm that status).
    There continues to be no leachate generated from the NPL portion of 
the landfill, and thus nothing to collect for analysis. Vegetation on 
the landfill was lush. Throughout the entirety of the Site (both the 
NPL and the municipal landfill), new roadbeds and new riprap drainage 
systems have been installed (completed in May 2001). These improvements 
were made when the County of Roanoke constructed a new training 
facility with classrooms and an outdoor shooting range uphill from the 
upper leachate collection tanks. New fencing and security cameras were 
also installed.
    There is almost no visible evidence of the Removal Action taken in 
the streams at the Site. Vegetation has taken hold, and the stream 
appears quite healthy. Fish were observed feeding in a small pond where 
the fly ash pile was formerly located. The abandoned pocket of fly ash-
contaminated sediment remains securely entombed. No erosional problems 
were observed in any part of the Site.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the Commonwealth of Virginia, has 
determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA, other 
than O&M and five-year reviews, are necessary. Therefore, EPA is 
deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 28, 2001 unless EPA receives adverse comments by 
August 29, 2001. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion and it will not take effect and, EPA will prepare a response 
to comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Water pollution 
control, Water supply.

    Dated: July 23, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, U.S. EPA Region III.


    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p.193.

Appendix B--[Amended]

    2. Table 1 of appendix B to part 300 is amended under Virginia 
(``VA'') by removing the site name ``Dixie Caverns County Landfill'' 
and the city ``Salem.''

[FR Doc. 01-18818 Filed 7-27-01; 8:45 am]
BILLING CODE 6560-50-P