[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Proposed Rules]
[Pages 52918-52920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20351]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7257-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Standard Steel and Metals Salvage 
Yard Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10, 
announces its intent to delete the Standard Steel and Metals Salvage 
Yard Site (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 State of 
Alaska Department of Environmental Conservation have determined that 
the remedial action for the site has been successfully executed by the 
responsible parties and no further response under CERCLA is needed.

DATES: Comments concerning the proposed deletion of this Site from the 
NPL may be submitted on or before September 14, 2002.

ADDRESSES: Comments may be mailed to: Beverly Gaines, EPA Point of 
Contact, U.S. Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, Mail Stop, ECL-110, Seattle, Washington 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for reviewing at: U.S. 
Environmental Protection Agency, Region 10, Superfund Records Center, 
1200 Sixth Avenue, Seattle, Washington 98101.
    Information on the site and a copy of the deletion docket are 
available for viewing at the Information Repository which is located 
at: Alaska Resources Library & Information Services, 3150 C Street, 
Suite 100, Anchorage, Alaska 99513, (907) 272-7547.

FOR FURTHER INFORMATION CONTACT: Beverly Gaines, EPA Point of Contact, 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Mail Stop, ECL-110, Seattle, Washington 98101, phone: (206) 553-1066, 
fax: (206) 553-0124, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 10 announces 
its intent to delete the Standard Steel and Metals Salvage Yard Site, 
which is located in Anchorage, Alaska, 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 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. EPA and the State of Alaska Department of 
Environmental Conservation have determined that the remedial action for 
the site has been successfully executed by the responsible parties and 
no further response under CERCLA is needed.
    EPA will accept comments on the proposal to delete this site for 
thirty (30) 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 the procedures EPA is using 
for this action. Section IV discusses the Standard Steel & Salvage Yard 
Site and explains how the site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that sites may be deleted 
from, or recategorized on 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 parties have implemented all 
appropriate response actions required; or
    (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 site poses no 
significant threat to public health or the environment and, therefore, 
remedial measures are 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 site remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate additional remedial actions. Whenever there is a significant 
release from a deleted site 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, however, because the remedy leaves 
waste on site above levels that allow for unlimited use and 
unrestricted exposure, a review of the selected remedy will be 
conducted at least every five years from initiation of the remedial 
action.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this site: (1) Responsible parties have implemented all appropriate 
response actions

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required; (2) the State of Alaska 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 EPA's Notice of 
Intent to Delete; and (4) all relevant documents have been compiled in 
the site deletion docket and made available in the local site 
information repositories.
    Deletion of the site from the NPL does not in 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.
    For deletion of this site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    A deletion occurs when the Regional Administrator 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.

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

Site Background and History

    The Standard Steel and Metals Salvage Yard Site was a 6.2 acre 
metal salvage yard in Anchorage, Alaska. The site is located near the 
intersection of Railroad Avenue and Yakutat Street, adjacent to Ship 
Creek. The site is zoned I-2, denoting a heavy industrial district, by 
the Municipality of Anchorage. The property is in the possession and 
control of the Alaska Railroad Corporation. The site is located within 
the City of Anchorage, where the majority of the population of the 
State of Alaska live. A residential area is located a half mile 
southeast of the site on the other side of Ship Creek and Elmendorf Air 
Force Base is a third of a mile to the North.
    The first documented use of the site occurred in October 1950, when 
it was leased by a construction company for maintenance and storage 
equipment. Beginning in 1955, various metal recycling and salvage 
business operated at the site. During recycling and salvage activities, 
electrical transformers and batteries were handled. Releases of 
hazardous substances occurred from these activities and inappropriate 
burial or burning of transformer oil.
    From 1986 through 1988, EPA conducted a series of removal actions 
to address widespread contamination. EPA removed 1000 gallons of 
polychlorinated biphenyls (PCBs) contaminated oil, eighty-two 55 gallon 
drums of Resource Conservation and Recovery Act (RCRA) hazardous waste, 
10,450 gallons of waste oil, 185 PCB-contaminated transformers, and 
781,000 pounds of lead acid batteries. EPA proposed the site to the NPL 
on July 14, 1989. The site was finalized on the NPL on August 30, 1990.
    An Remedial Investigation/Feasibility Study was completed in 
January 1996. The study identified polychlorinated biphenyls (PCBs), 
lead, and dioxin/furans as contaminants of concern at the site. The 
site posed potential threats to human health and the environment 
through ingestion, dermal contact, and inhalation of contaminated 
soils. Site groundwater was impacted by soil contamination. Off-site 
groundwater was not impacted. Dioxin/furans were determined to be a 
contaminant of concern; however, all detections of dioxin/furans were 
collocated with soils contaminated with 10 mg/kg or greater PCBs. 
Therefore, all actions taken to address PCBs would also address dioxin/
furans.

Selected Remedy

    On July 16, 1996, the Regional Administrator signed a Record of 
Decision (ROD) selecting the following remedy:

--Removal of regulated material currently stockpiled on-site and 
investigation derived wastes with subsequent disposal in a RCRA 
Subtitle C or D landfill, or recycling of the materials;
--Off-site disposal of remaining scrap debris by recycling or disposal 
in a RCRA Subtitle D landfill or, if the debris is a characteristic 
hazardous waste or contains greater than 50 mg/kg PCBs or 10ug/
100cm2 PCBs by standard wipe tests, treatment, and disposal 
in a RCRA Subtitle C or Toxic Substances Control Act (TSCA) landfill;
--Excavation and consolidation of all soils exceeding cleanup levels; 
the Settling Defendants chose to incorporate cleanup criteria stricter 
than the Record of Decision for soils within three feet of the surface, 
namely; 1mg/Kg for PCBs and 250mg/Kg for lead.
--Treatment of all soils at or greater than 1000 mg/kg lead or 50 mg/kg 
PCB by stabilization/solidification;
--On-site disposal of treated soils and excavated soils between 10 mg/
kg and 50 mg/kg PCBs in a TSCA landfill. Certain TSCA landfill 
requirements were waived subsequent to the remedial action due to 
design changes. The waivers were consistent with TSCA and were not 
implemented through CERCLA waiver provisions;
--Excavation of soils impacted above 1.0 mg/kg PCBs and 500 mg/kg lead 
from the flood plain and consolidation of these soils elsewhere on the 
site;
--Maintenance and repair of the erosion control structure on the bank 
of Ship Creek;
--Maintenance of treated soils and the landfill;
--Institutional controls to limit land uses of the site and, if 
appropriate, access;
--Monitoring of groundwater at the site to ensure the effectiveness of 
the remedial action.

Response Actions

    On January 26, 1996, a Consent Decree to conduct a Remedial Action 
(RA) design and RA construction was entered into by Chugach Electric 
Association, Inc., J.C. Penney Company, Inc., Bridgestone/Firestone, 
Inc., Sears Roebuck and Company, and Westinghouse Electric Corporation. 
The Alaska Railroad Corporation signed the Consent Decree exclusively 
for the purpose of agreeing to provide access and implement 
institutional controls. The Settling Defendants agreed to perform the 
remedial design/remedial action selected in the ROD. The remedial 
design was conducted in conformance with the approved ROD and Statement 
of Work for the consent decree. The remedial action was formally 
initiated in March 1998. The contractor conducted the remedial actions 
pursuant to the approved remedial design/remedial action work plans. 
The only significant new contaminant encountered was potential 
unexploded ordnance. However, the work plans anticipated this 
possibility and remedial actions proceeded with some changes. All 
suspected unexploded ordnance was removed and treated by a U.S. 
Military Explosive Ordnance Detachment from Fort Richardson, Alaska.
    The TSCA disposal cell is located on 2.5 acres of the 6.2 acre site 
along the

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northwest boundary of the site. It is approximately 320 feet by 340 
feet and extends to a depth of approximately 15 feet below finished 
grade. The cell holds approximately 55,000 tons of contaminated 
material, 22,272 of which was stabilized. The contaminated soils are 
covered with a closed cell foam insulation, 40 mil geomembrane cover, 
geocomposite drainage layer, and three feet of clean soil. The cell is 
designed to be utilized for vehicle/equipment storage or future 
building area. The cell is surrounded on three sides by a 14,000 ton 
rip rap barrier wall designed to protect against a 500 year (minimum) 
flood event.
    The selected remedy was enhanced by the following approved design 
changes, which were implemented in 1998 and 1999:

--Excavating all upland surface soils outside the limits of the TSCA 
landfill which exceed 1.0 mg/Kg PCBs or 250 mg/Kg lead to a depth of 
three feet; and disposal in the on-site TSCA landfill.
--Including a geomembrane cover system consisting of a four-inch foam 
insulation layer, 40 mil liner, geonet drainage layer, filter fabric 
and three feet of clean soil over the landfill;
--Creation of a flood protection barrier on three sides of the 
landfill;
--Replacement of the rip rap erosion control wall adjacent to Ship 
Creek with an Alaska Department of Fish and Game requested natural 
erosion protection system. This system incorporates native vegetation 
and artificial logs to secure the stream bank and provide habitat. 
Based on these changes, an Explanation of Significant Differences was 
signed on November 18, 1998 to waive 40 CFR 761.75(b)(9)(i), which 
requires a fence around a TSCA landfill. A Remedial Action Report was 
signed on August 1, 1999 and a Final Closeout Report was signed on June 
26, 2002 which documents that all work at the site has been completed 
and all cleanup levels established in the ROD have been achieved.

Operation and Maintenance

    Pursuant to the Consent Decree, Chugach Electric Association, Inc., 
Westinghouse Electric Corporation, Sears, Roebuck and Company, J. C. 
Penney Company, Inc., and Bridgestone/Firestone, Inc. are responsible 
for the operation and maintenance procedures. The remedy requires 
maintenance of the landfill to ensure that it retains its structural 
integrity and prevents the release of PCBs and lead through erosion, 
leaching, and excavation. The Operation and Maintenance requirements 
are presented in the Operations and Maintenance Plan (revised) July 
2001 by Alta GeoSciences, Inc. Operation and maintenance has been 
happening properly, with the exception of damage to an up gradient 
well. EPA was notified of the damage and the well was restored.

Institutional Controls

    The Site has institutional controls in place to restrict access, 
prevent use of groundwater, and land use on the property. The Alaska 
Railroad Corporation (ARRC) is the owner of an exclusive license to the 
property under the Alaska Railroad Transfer Act. ARRC executed and 
filed the Declaration of Restrictive Covenants per the Consent Decree 
requirements with the local land recording district office in 
Anchorage. ARRC's lease agreements for the property notify the lessee 
of the Institutional Controls which must be complied with. 
Additionally, notice of the remedy and the Declaration of Restrictive 
Covenants was provided to applicable state and local government 
agencies and all local utility companies.
    The Institutional Controls contained in the RD/RA Consent Decree, 
Record of Decision and recorded through a Declaration of Restrictive 
Covenants are:

--Ensure that site use continues to be industrial or commercial and 
prevent use of the site for commercial developments that involve 
potential chronic exposures of children to soil (e.g., use of the site 
for a day care center);
--Restrict activities at the site that could potentially impair the 
integrity of the TSCA landfill;
--Prevent movement of soil containing greater than 1,000 mg/kg lead or 
10mg/kg PCBs to the surface or within the top foot of soil where 
chronic long-term worker exposure could occur;
--Groundwater use restriction recorded with local, regional, and State 
agencies, departments and utilities.

Five-Year Review

    Hazardous substances will remain at the site above levels that 
allow unlimited use and unrestricted exposure after the completion of 
the remedial action. Pursuant to CERCLA section 121(c) and provided in 
the current guidance on Five-Year Reviews, EPA must conduct a statutory 
five-year review to ensure that the remedy continues to provide 
adequate protection of human health and the environment. The Five-Year 
Review Report will be completed prior to March 2003.

Community Involvement

    EPA held four public meetings, issued five fact sheets and 
published three public comment periods in the Federal Register. The 
meetings and fact sheets focused on CERCLA-required comment periods, 
informational meetings, publications of previous cleanup actions, 
enforcement actions, alternative analysis or schedule announcements, 
and public involvement sessions. There was not much public involvement 
at this site.

Applicable Deletion Criteria

    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``responsible parties have implemented 
all appropriate response actions required.'' EPA, with the concurrence 
of the State of Alaska, believe that this criterion for deletion has 
been met. There is no significant threat to human health or the 
environment and; therefore, no further remedial action is necessary. 
Subsequently, EPA is proposing deletion of this site from the NPL. 
Documents supporting this action are available in the deletion docket 
at the information repositories.

State Concurrence

    In a letter dated July 24, 2002, from the Alaska Department of 
Environmental Conservation (ADEC), ADEC concurs with the proposed 
deletion of the Standard Steel and Metals Salvage Yard Superfund Site 
from the NPL.

    Dated: August 2, 2002.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 02-20351 Filed 8-13-02; 8:45 am]
BILLING CODE 6560-50-P