[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Rules and Regulations]
[Pages 27933-27936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12614]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7500-6]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Petrochem Recycling 
Corp./Ekotek, Inc., 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 Petrochem Recycling 
Corp./Ekotek, Inc., 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 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. EPA will, as 
appropriate, address all public comments in a subsequent final deletion 
notice based on this Notice.

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 Repository: Comprehensive information is available

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for viewing and copying at the information repository for the Site 
located at: U.S. EPA Region 8 Superfund Records Center, 999 18th 
Street, Fifth Floor, Denver, Colorado 80202-2466, Monday through 
Friday, 8:00 a.m.-4:30 p.m.

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 Deletion of 
the Petrochem Recycling Corp./Ekotek, Inc., 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 40 CFR 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 IV discusses the Petrochem Recycling Corp./
Ekotek, Inc., 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, 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 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 repository 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 Township 1 North, Range 1 West, Section 23, 
and occupies approximately seven acres in an industrial corridor in the 
northern section of Salt Lake City, Utah. The Site was originally owned 
and operated as an oil refinery by O. C. Allen Oil Company, from 1953 
to 1968. In 1968, Flinco, Inc., purchased the facility and operated the 
refinery until 1978. During that time Flinco changed its name to Bonus 
International Corp. In 1978, Axel Johnson, Inc., acquired the facility 
and operated it through its Delaware-based subsidiary, Ekotek, Inc. At 
that time, Ekotek, Inc., converted the Site into a hazardous waste 
storage and treatment and petroleum recycling facility. In 1981, the 
Site was reincorporated as Ekotek Incorporated, a Utah corporation.
    From 1980 to 1987, the facility operated under Resource 
Conservation and Recovery Act (RCRA) Interim Status, and received a 
hazardous waste storage permit, issued by UDEQ, in July 1987 for a 
limited number of activities. Ekotek, Inc., declared bankruptcy in 
November of 1987. Petrochem Recycling Corp. leased the facility in 1987 
from Ekotek, Inc., and continued operations until February 1988.

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    Site operations were shut down in February 1988 after the issuance 
to Petrochem Recycling Corp. of a Notice of Violation by the Utah 
Bureau of Solid and Hazardous Waste and the Bureau of Air Quality. In 
November 1988, Region 8 EPA Emergency Response Branch initiated an 
emergency surface removal action at the Site.
    On August 2, 1989, an Administrative Order on Consent (AOC) for 
Emergency Surface Removal (Docket CERCLA-VIII-89-25) was issued to 27 
Potentially Responsible Parties (PRPs) to undertake actions to clean up 
the Site. These PRPs operated as members of a voluntary association 
termed the ESRC (Ekotek Site Remediation Committee.) As part of the 
emergency surface removal action, the ESRC removed surface and 
underground storage tanks, containers, contaminated sludges, pooled 
liquids and processing equipment from the Site.
    In November 1989, EPA began site assessment field operations. The 
Site was proposed for listing on the National Priorities List (NPL) on 
July 29, 1991. The Site was listed on the NPL on October 14, 1992. Only 
one operable unit was designated for the Site.

Remedial Investigation and Feasability Study (RI/FS)

    An Administrative Order on Consent (AOC) for the performance of the 
Remedial Investigation/Feasibility Study (RI/FS) was signed in July 
1992 (Docket No. CERCLA (106) VIII-92-21). Members of the ESRC were 
Respondents for the RI/FS AOC. The Phase I field investigation was 
undertaken from December 1992 to March 1993 and Phase II investigations 
were conducted from August to October 1993. A final RI report was 
issued in July 1994 and the final FS report was issued in January 1995. 
Two addenda to the FS were submitted on February 24, 1995 and April 7, 
1995. EPA published the notice of completion for the FS and the 
Proposed Plan for remedial action on July 19, 1995.
    The results of the remedial investigation indicated that surface 
soils on the property contained petroleum hydrocarbon contaminants, 
including semivolatile organic compounds (SVOCs) and polychlorinated 
biphenyls (PCBs). Contaminated soil extended to the water table in the 
vicinity of the former tank farm/processing area where a plume of light 
non-aqueous phase liquids (LNAPL) was present. Groundwater analytical 
results collected during the RI indicated that vinyl chloride, cis-1,2-
DCE, benzene, and arsenic were present at concentrations above their 
maximum contaminant levels (MCLs). The feasibility study was completed 
in January 1995 and included development and evaluation of ten site-
wide remedial alternatives. The alternatives consisted of various 
combinations of technologies for soil and groundwater remediation, 
including soil excavation and disposal or treatment, containment, LNAPL 
removal, groundwater extraction and disposal, and intrinsic groundwater 
remediation.

Record of Decision (ROD) and Explanations of Significant Differences 
(ESDs)

    EPA's remedy decision was embodied in a final ROD signed on 
September 27, 1996. The components of the selected remedy included:
    [sbull] Removal/Disposal of Hot Spot Soils
    [sbull] Consolidation/Capping of Soils that Exceed Soil Performance 
Standards
    [sbull] Partial Removal/Disposal of Soil and Buried Debris and Cap 
Remaining Debris
    [sbull] Removal/Treatment of 100% of the LNAPL
    [sbull] Natural Attenuation/Intrinsic Remediation of Ground Water
    [sbull] Access and Land Use Restrictions for the Site
    An ESD was issued on December 9, 1997, by EPA to modify certain 
remediation criteria established in the 1996 Record of Decision. The 
significant differences addressed in the ESD were: corrected and 
revised soil performance standard values for 2,3,7,8,-TCDD(TEF) and 
PCBs; revised soil hot spot performance standard value for PCBs; and an 
alternative to permit discharge of water to re-injection wells or to a 
surface water/storm drain via the substantive requirements of a UPDES 
permit.
    A second ESD was issued on May 11, 1999, by EPA. The second ESD 
modified two aspects of the 1996 Record of Decision; first it deleted 
manganese as a designated contaminant of concern in the ground water, 
and second it increased the volume of contaminated soil destined for 
off-site disposal.
    Changes to the original remedy due to the two ESDs resulted in the 
following remedy:
    [sbull] Removal/Disposal of soils exceeding hot spot and soil 
performance standards
    [sbull] Removal/Incineration of floating LNAPL down to 0.02 feet 
thickness
    [sbull] Natural Attenuation/Intrinsic Remediation of groundwater
    [sbull] Backfilling excavations with clean soil and regrading/
restoration of Site

Response Actions

    Removal Action. An Administrative Order on Consent for Removal 
Action was issued on December 22, 1997 (Docket No. CERCLA (106) VIII-
98-05) for the performance of Drum and Sludge Removal. Members of the 
ESRC were Respondents for the Administrative Order on Consent for 
Removal Action. The actions under this AOC were completed prior to the 
Remedial Design and Remedial Action (RD/RA) Consent Decree in order to 
expedite and facilitate the remedial action. The actions completed 
under the Drum and Sludge Removal included the following: the 
characterization of drummed waste and filter cake sludge, the disposal 
of approximately 230 drums and the associated waste at a permitted RCRA 
facility and the disposal of approximately 450 cubic yards of filter 
cake sludge at a permitted RCRA facility. A final Drum and Sludge 
Removal Completion Report was issued in December 1998.
    Remedial Actions. EPA and the ESRC representatives negotiated an 
agreement to implement the remedy selected in the ROD. This agreement, 
in the form of a consent decree for remedial design and remedial action 
(RD/RA Consent Decree), was lodged on March 4, 1998, and entered on 
April 27, 1998, in the U.S. District Court for Utah.
    Remedial actions were conducted in four stages:
    [sbull] Stage 1: Building Demolition
    [sbull] Stage 2: Site Demolition, Hot Spot and Removal of Buried 
Debris
    [sbull] Stage 3: Soil Excavation and Disposal and LNAPL Excavation 
and Incineration
    [sbull] Stage 4: Groundwater Studies
    All remedial actions were conducted in accordance with the ROD, 
ESDs, Remedial Design (May 1999) and Consent Decree. Groundwater 
studies supported the choice of monitored natural attenuation/intrinsic 
remediation for the groundwater component of the remedy. Confirmatory 
sampling verified that the Site achieved the ROD cleanup objectives for 
soil and groundwater and that all cleanup actions specified in the ROD 
and ESDs had been implemented.

Operation & Maintenance (O&M)

    Disposal of hazardous materials, identified in the ROD and ESDs, to 
a permitted off-site disposal facility and the achievement of the 
groundwater remediation levels has eliminated the need for O&M at the 
Site.

Five-Year Review

    Pursuant to CERCLA section 121(c), 42 U.S.C. 9621(c), five-year 
reviews are required at sites with remaining hazardous substances, 
pollutants, or contaminants above levels that allow for

[[Page 27936]]

unlimited use and unrestricted exposure. Hazardous substances above 
health-based levels were removed from the Site, eliminating the five-
year review requirement.

Community Involvement

    The impacted community, near the Site, has been represented by the 
Capital Hill Neighborhood Council (Council). The Council was funded by 
a Technical Assistance Grant from EPA. Mr. Paul Anderson acted as the 
Council's advisor and actively participated as a stakeholder during the 
planning and cleanup of the Site. Community relation activities 
included public meetings, site tours and fact sheets.
    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 repository.

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 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 ``Petrochem Recycling Corp./Ekotek, Plant''.

[FR Doc. 03-12614 Filed 5-21-03; 8:45 am]
BILLING CODE 6560-50-P