[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Rules and Regulations]
[Pages 27931-27933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12612]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7500-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Notice of Deletion of the Rose Park Sludge Pit 
Superfund Site From the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a Direct Final Notice of Deletion of the Rose Park Sludge 
Pit Superfund Site (Site), located in Salt Lake City, Utah, 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 to 40 CFR part 300, the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP). This direct 
final deletion is being published by EPA with the concurrence of the 
State of Utah, through the Utah Department of Environmental Quality 
(UDEQ), based on EPA's determination that all appropriate response 
actions under CERCLA, other than five-year reviews and operation & 
maintenance, have been completed at the Site and, therefore, further 
remedial action pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be effective June 30, 2003, 
unless EPA receives adverse comments by June 23, 2003. If EPA receives 
significant adverse comment(s), EPA will withdraw the Direct Final 
Notice of Deletion and it will not take effect.

ADDRESSES: Comments should be mailed to: Armando Saenz, Remedial 
Project Manager (RPM), Mail Code: 8EPR-SR, U.S. EPA Region 8, 999 18th 
Street, Suite 300, Denver, Colorado, 80202-2466.
    Information Repositories: Comprehensive information is available 
for viewing and copying at the following information repositories for 
the Site: (1) U.S. EPA Region 8 Superfund Records Center, 999 18th 
Street, Fifth Floor, Denver, Colorado 80202-2466, Monday through 
Friday, 8 a.m.--4:30 p.m.; and, (2) Utah Department of Environmental 
Quality, Division of Environmental Response & Remediation, 168 North 
1950 West, Salt Lake City, Utah 84116.

FOR FURTHER INFORMATION CONTACT: Armando Saenz, 303-312-6559, Remedial 
Project Manager (RPM), Mail Code: 8EPR-SR, U.S. EPA Region 8, 999 18th 
Street, Suite 300, Denver, Colorado, 80202-2466.

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 8 is publishing this Direct Final Notice of the Deletion 
of the Rose Park Sludge Pit 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 Sec.  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, pursuant to EPA's authority 
under CERCLA and the NCP.
    Because EPA considers this action to be noncontroversial, this 
action is being taken without prior publication of a notice of intent 
to delete. This action will be effective June 30, 2003 unless EPA 
receives adverse comments by June 23, 2003 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 this 
Notice and the comments already received. There will be no additional 
opportunity to comment on this deletion process.
    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

[[Page 27932]]

IV discusses the Rose Park Sludge Pit 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 sites 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 exposure, EPA policy 
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 or order 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, lead agency for the Site, consulted with Utah on the 
deletion of the Site from the NPL prior to developing this direct final 
notice of deletion.
    (2) Utah concurred with deletion of the Site from the NPL.
    (3) Concurrent with the publication of this Direct Final Notice of 
Deletion, a notice of the availability of the parallel Notice of Intent 
to Delete was 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 notice, 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:

Site Location & History

    The Site is located in Salt Lake City, Utah at approximately 1300 
North Boy Scout Drive (1200 West). The Site is bordered by vacant, 
undeveloped land to the north and Rose Park to the east, west, and 
south. Rose Park is maintained by Salt Lake City Corporation and 
includes tennis courts, baseball and soccer fields, picnic areas, 
parking lots, and restrooms. Residential neighborhoods are located 
south of Rose Park.
    Utah Oil and Refining Company disposed of acidic waste sludges in 
an unlined pit on-site from the 1930s until 1957. This waste material 
was generated from the petroleum refinery located east of the site. 
Salt Lake City purchased the property in 1957 to prevent further 
dumping of the waste material. In 1960 Salt Lake City Corporation 
removed 40 to 100 truck-loads of sludge and covered the remaining waste 
sludge with a soil cap.
    Salt Lake City rediscovered the waste disposal site in 1976 during 
expansion of the adjacent city park. Due to state and local concerns, 
EPA and Amoco conducted a number of site investigations between 1979 
and 1981. The sludge pit covered an area of approximately 5.5 acres and 
the waste material was found as deep as 20 feet below ground surface 
(bgs). The shallow, unconfined aquifer was approximately eight to ten 
feet bgs and flowed towards the northwest. Because the Site was 
considered the State of Utah's top priority, it was listed on the NPL 
on September 8, 1983.

Remedial Actions

    Salt Lake City Corporation, Salt Lake City/County Health 
Department, the Utah State Department of Health, EPA, and Amoco Oil 
Company signed an Intergovernmental/Corporate Cooperation Agreement 
(ICCA) on October 29, 1982. The ICCA required Amoco to conduct remedial 
activities on-site, which included constructing a bentonite slurry wall 
around the perimeter of the site and capping the waste material. The 
primary objectives of the containment remedy were to prevent exposure 
to the acid waste sludge, eliminate potentially unhealthy odors and 
vapors, and prevent off-site migration of the sludge through surface 
water and groundwater.
    Amoco conducted remedial activities at the Site between 1982 and 
1984. First, a two-foot wide and 30-feet deep bentonite slurry wall was 
constructed around the perimeter of the site. This wall was installed 
ten feet below the deepest known contamination. Construction of the 
slurry wall was completed on January 17, 1983. Following installation 
of the slurry wall, Amoco constructed a cap over the waste material. 
This protective cover included a sand layer, fabric membrane, compacted 
clay layer, and 18-inches of soil. Placement of the cap was completed 
on July 22, 1983. The surface of the cap was then graded to control 
surface water run-on and run-off. The final seeding of the topsoil was 
completed in the spring of 1984. Lastly, vehicular barriers and warning 
signs were placed around the perimeter of the repository in October 
1984.
    The U.S. Army Corps of Engineers (COE) provided construction 
oversight for the EPA. The COE indicated in their progress reports that 
the slurry wall and cap were constructed according to the design and 
there were no deficiencies. EPA also determined the remedy; as designed 
and implemented; was

[[Page 27933]]

protective of human health and the environment because all exposure 
pathways had been addressed.

Institutional Controls (ICs) and Operation & Maintenance (O&M)

    ICs and O&M requirements for the Site were also included in the 
ICCA. The ICs prevent excavation activities or the installation of any 
underground utilities on the Site. BP/Amoco recorded the ICCA in the 
chain-of-title for the Site at the Salt Lake County Recorders Office in 
1985. The recording provides a public record of the ICs and background 
information in the event of a transfer of ownership.
    O&M activities at the Site included groundwater monitoring and 
sampling, site inspections, and well integrity testing. Salt Lake City 
Corporation conducted O&M activities from 1984 through 1992. Because 
the EPA, State of Utah, and BP/Amoco identified several deficiencies 
regarding O&M activities during this time period, BP/Amoco took over 
the responsibility of O&M from the Salt Lake City Corporation in 1992. 
Since taking over this duty in 1992, BP/Amoco has documented the O&M 
activities from each year in an annual report.

Five-Year Reviews

    Three Five-Year Reviews have been conducted at the Site. The 
reviews were completed on June 1, 1992, August 5, 1997 and September 
19, 2002, respectively. These reviews indicated that the remedy was 
protective of human health and the environment.
    The last review, conducted by UDEQ, found that the cap is in good 
condition thus preventing exposure to the waste material in the 
repository. A chain-link fence and guardrail around the perimeter of 
the repository prevent public access to the Site and caution signs on 
each side of the repository warn park visitors of the Site. Ground-
water monitoring data indicate the waste material remains contained 
within the repository. ICs for the Site prevent excavation activities 
or the installation of underground utilities on the Site. Three issues 
that did not immediately impact protectiveness were identified and have 
subsequently been addressed by BP/Amoco.
    Policy reviews are required at the Site every five years because 
remedial activities were completed prior to the passage of the 
Superfund Amendments and Reauthorization Act (SARA) of 1986 and waste 
material was left on-site, which prevents unrestricted exposure and 
unlimited use of the Site. Therefore, the next Five-Year Review for 
this Site will be conducted by September 19, 2007.

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 from the State of Utah through UDEQ, has 
determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA, other 
than five-year reviews and operation & maintenance, are necessary. 
Therefore, EPA is taking this action to delete the Site from the NPL.
    Because EPA considers this action to be noncontroversial, this 
action is being taken without prior publication of a notice of intent 
to delete. This action will be effective June 30, 2003, unless EPA 
receives adverse comments by June 23, 2003. 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 on this deletion process.

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, Superfund, Water 
pollution, Water supply.

    Dated: May 2, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.

0
For the reasons set out in this document, 40 CFR Part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 1 of Appendix B to Part 300 is amended under ``Utah'' by 
removing the entry for ``Rose Park Sludge Pit''.

[FR Doc. 03-12612 Filed 5-21-03; 8:45 am]
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