[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45597-45601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7793-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the South 8th Street 
Landfill Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final notice of deletion of the South 8th Street 
Landfill Superfund Site (Site), located in West Memphis, Crittenden 
County, Arkansas, 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 notice of deletion is being published by the EPA with the 
concurrence of the State of Arkansas, through the Arkansas Department 
of Environmental Quality, because the 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, 2004, 
unless EPA receives adverse comments by August 30, 2004. If adverse 
comments are received, the 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: Vincent Malott, Remedial Project 
Manager (RPM), U.S. EPA Region 6 (6SF-AP), 1445 Ross Avenue, Dallas, TX 
75202-2733, (214) 665-8313 or 1-800-533-3508 ([email protected]).
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: EPA Region 6, Seventh Floor Reception Area, 
1445 Ross Avenue, Suite 12D13, Dallas, Texas 75202-2733, Appointments: 
(214) 665-6548, Monday-Friday--7:30 a.m. to 4:30 p.m.; West Memphis 
Public Library, 213 North Avalon, West Memphis, AR 72301, (870) 732-
7590, Monday 10 a.m.--8 p.m., Tuesday--Thursday 10 a.m.--7 p.m., Friday 
10 a.m.--5 p.m., Saturday 10 a.m.--3 p.m., closed on Sunday; Arkansas 
Department of Environmental Quality, attention: Masoud Arjmandi, 8001 
National Drive, Little Rock, Arkansas 72219, (501) 682-0852, Monday-
Friday, excluding holidays, 8 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Vincent Malott, Remedial Project 
Manager (RPM), EPA Region 6 (6SF-AP), 1445 Ross Avenue, Dallas, TX 
75202-2733, (214) 665-8313 or 1-800-533-3508 ([email protected]).

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The EPA Region 6 is publishing this direct final notice of deletion 
of the South 8th Street 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 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.
    Because the EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective September 28, 2004, 
unless the EPA receives adverse comments by August 30, 2004, on this 
notice or the parallel notice of intent to delete published in the 
proposed rules section of today's Federal Register. If adverse comments 
are received within the 30-day public comment period on this notice or 
the notice of intent to delete, the EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and the deletion will not take effect. The 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 the EPA is 
using for this action. Section IV discusses the South 8th Street 
Landfill Superfund Site and demonstrates how it meets the deletion 
criteria. Section V discusses the 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 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 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, the 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.

[[Page 45598]]

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the Arkansas Department of Environmental 
Quality on the deletion of the Site from the NPL prior to developing 
this direct final notice of deletion.
    (2) The Arkansas Department of Environmental Quality 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 notice or the companion notice of intent to 
delete also published in today's Federal Register, the 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 the 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 the EPA's rationale for deleting 
the Site from the NPL:

Site Location

    The South 8th Street Landfill Superfund Site is a 16.3 acre 
landfill on the flood plain between the Mississippi River and the St. 
Francis Levee in West Memphis, Crittenden County, Arkansas. The Site is 
located at the southern end of 8th Street adjacent to the Tom Sawyer RV 
Park. Two barge terminals are located on the bank of the Mississippi 
River at the midpoint and south end of the Site. Aerial photographs 
indicate that the Site was excavated for gravel deposits resulting in a 
series of borrow pits that were subsequently used for the disposal of 
industrial and municipal wastes. The former landfill area is subdivided 
into three separate disposal areas. Area 1 (4.3 acres) of the landfill 
consists primarily of a former municipal waste landfill. Area 2 (8.1 
acres) is predominately an industrial waste landfill with a large oily 
sludge pit occupying 2.5 acres of the area. Area 3 (3.9 acres) consists 
of several smaller municipal and industrial waste disposal areas.

Site History

    Aerial photographs indicate that the Site was used for the disposal 
of waste material after 1957. Most of the early disposal activities 
appear to have been conducted on a 2.61 acre parcel of land (Area 2) 
leased by Mr. W. M. Gurley from the W. L. Johnson Company. Apparently, 
Gurley Refining Company used the Site (Area 2) between approximately 
1960 and 1970 for the disposal of waste sludge from its re-refining 
process located on the land side of the St. Francis Levee immediately 
west of the Site. The sludge waste in the pit has physical and chemical 
properties similar to material typically identified at oil reclamation 
facilities.
    The Site was first brought to the attention of the United States 
Government in 1979 in the Eckhardt Survey conducted by the House 
Congressional Sub-Committee on Interstate Commerce and Transportation. 
In this survey, the landfill was listed as the West Memphis Landfill 
Site, South 8th Street.
    Between 1981 and 1988, the EPA conducted a series of soil boring 
investigations of the oily sludge pit and surrounding landfill areas. 
Polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls 
(PCBs), benzene, toluene, ethylbenzene, xylene, pesticides, and heavy 
metals were detected in the samples.
    The Site was proposed for listing on the NPL as the ``West Memphis 
Landfill Site'' on February 7, 1992 (57 FR 4827). The Site was listed 
final on the NPL as the ``South 8th Street Landfill Site'' on October 
14, 1992 (57 FR 47184).
    The EPA constructed a 1600 linear foot berm around the oily sludge 
pit under the CERCLA time-critical removal authority to minimize the 
spread of contamination that could result from flooding of the Site. 
Construction of the berm was completed between October 19, 1992, and 
November 4, 1992.

Remedial Investigation and Feasibility Study (RI/FS)

    The EPA issued a Unilateral Administrative Order (UAO) to the 
Potentially Responsible Parties (PRPs) on May 23, 1992. The UAO 
required the PRPs to construct a fence around the former disposal areas 
and to investigate the large oily sludge pit. Construction of the fence 
was completed in July 1992. Although the PRPs initially undertook the 
pit investigation on August 31, 1992, the EPA took over the pit 
investigation in September 1992 and completed the Remedial 
Investigation/Feasibility Study (RI/FS) for the Site in 1993.
    The 2.5 acre oily sludge pit and ancillary soil and debris in Area 
2 of the landfill was identified as the principal threat and the 
remaining 16 acre landfill in Areas 1, 2, and 3 were identified as a 
low-level threat. The investigation of the landfill and oily sludge pit 
area was conducted through exploratory trenching and borings. Within 
the pit area, the acidic oily sludge was encountered at depths of 18 
feet and contained volatile organic compounds, PAHs, pentachlorophenol, 
PCBs, and metals including lead and arsenic. The estimated total volume 
of the oily sludge pit and surrounding contaminated soils was 22,000 
cubic yards. Municipal and industrial wastes were identified in the 
trenches through the landfill but no other hot spots were identified in 
the landfill contents.
    The results of the ground water investigation are presented in a 
September 30, 1996, RI Report. A total of 14 monitoring wells were 
installed at the Site to determine the impact of contaminants leaching 
from the landfill and oily sludge pit into the ground water. Ground 
water sample analyses performed in 1993, 1995, 1996, and 1997 only 
identified inorganic contamination, principally lead, arsenic, and 
manganese. The ground water Feasibility Study (FS) report was completed 
in July 1997.

Characterization of Risk

    The source control operable unit which contained the 2.5 acre oily 
sludge pit, was identified as a principal threat, and the surrounding 
landfill, was identified as a low-level threat. The most significant 
threat to human health from the pit area was attributed to the low pH 
of the sludge which was corrosive and could have caused severe burns 
through accidental exposure. The oily sludge wastes also contained high

[[Page 45599]]

concentrations of lead, PCBs, and PAHs. The surrounding landfill 
contained principally industrial debris and household trash. The 
landfill area was determined to be a low-level threat that did not 
require active remediation in order to be protective if there was no 
direct contact or ingestion. For the ground water operable unit, only 
inorganic contamination, principally lead, arsenic, and manganese was 
present in the ground water above either the Maximum Contaminant Levels 
established under the Safe Drinking Water Act or health-based cleanup 
goals established for the Site.

Record of Decision Findings

    The EPA issued a Proposed Plan for the Site on July 27, 1993, and 
the public comment period closed on September 24, 1993. The EPA signed 
a Record of Decision (ROD) on September 29, 1994, for the source 
control operable unit. The remedial action objectives for the oily 
sludge pit were to prevent current and future direct contact with the 
highly corrosive wastes; prevent current and future direct contact, 
ingestion, and inhalation of contaminants in the pit waste and 
ancillary contaminated soil and debris; prevent the future migration of 
contaminants from the sludge pit area to other areas both on and off 
the site; and, prevent the potential for future migration of 
contaminants to the ground water at concentrations above appropriate 
action levels. The remedial goals for the oily sludge pit were 
established to meet the above remedial action objectives and are based 
on a recreational risk scenario developed in the baseline risk 
assessment. The cleanup goals were 3 mg/kg for total PAHs as measured 
by benzo(a)pyrene equivalents, 10 mg/kg for PCBs (total), and 500 mg/kg 
for lead.
    The remedial action objectives for the landfill area were to 
prevent direct contact with and ingestion of the landfill contents; 
and, ensure that contaminants present in the landfill areas that may 
migrate into the ground water will not constitute a threat to public 
health and the environment. Remedial goals were not developed for the 
landfill area of the Site because the risk assessment indicated the 
landfill areas to be a low-level threat that will not require active 
remediation in order to meet the remedial action objectives.
    The major remedy components in the 1994 ROD included:
     Excavation, stabilization, and off-site disposal of an 
estimated 22,000 cubic yards of contaminated sludge, soil, and debris 
exceeding the remedial action goals of 500 mg/kg lead, 10 mg/kg PCBs, 
and 3 mg/kg PAHs (as benzo(a) pyrene equivalents);
     The placement of a 2-foot thick soil cover over the 
remaining landfill area;
     Placement of deed notifications or other institutional 
controls to ensure that any future landowners will be notified that the 
land was a former Superfund site and has been cleaned up in accordance 
with CERCLA; and
     Long-term operation and maintenance and ground water 
monitoring.
    In the 1994 ROD, the EPA also divided the Site into source control 
and ground water operable units and deferred the ground water remedy 
selection until additional site data had been collected.
    Based on additional data collected during the remedial design, the 
PRPs proposed an alternative in-situ treatment method that would also 
meet the remedial goals and objectives for the Site at a lower cost. 
Upon evaluation of this additional data, the EPA proposed an amended 
remedy in a Proposed Plan dated January 1998. In this Proposed Plan, 
the EPA also identified three alternatives for the ground water 
contamination.
    The EPA signed a ROD Amendment for the Site on July 22, 1998, 
amending the remedy for the source control operable unit and selecting 
a remedy for the ground water operable unit. The major components of 
the amended remedy for the source control operable unit included:
     In-situ stabilization/solidification of an estimated 
23,500 cubic yards of contaminated sludge, soil, and debris exceeding 
the remedial action goals of 500 mg/kg lead, 10 mg/kg PCBs, and 3 mg/kg 
PAHs (as benzo(a) pyrene equivalents) and capable of meeting the more 
stringent performance standards for in-place management of the treated 
material and protection of the Site ground water;
     Installation of a 2-foot thick natural soil cover over 
part of Area 1 of the landfill and the treated oily sludge pit area in 
Area 2 of the landfill; and,
     Placement of deed notifications or other institutional 
controls to ensure that any future landowners will be notified that the 
land was a former Superfund site and waste has been treated and is 
being managed at the site.
    The remedial action objectives for the ground water operable unit 
were to prevent exposure to the contaminated ground water, above 
acceptable risk levels for potential receptors, and restore the ground 
water to human health-based standards following remediation of the oily 
sludge pit. The cleanup goals for the ground water were 50 [mu]g/l for 
arsenic, 2000 [mu]g/l for barium, 4 [mu]g/l for beryllium, 15 [mu]g/l 
for lead, and 4,088 [mu]g/l for manganese. For the ground water 
operable unit, monitored natural attenuation was the selected remedy 
for the hazardous substances in the ground water and institutional 
controls to prevent exposure to the ground water prior to achieving the 
remedial action goals.

Response Actions

    The EPA issued a UAO on November 18, 1998, to the PRPs for 
implementation of the remedial action at the oily sludge pit. After 
further negotiations, the EPA and the settling PRPs signed a Consent 
Decree for implementation of the source control operable unit remedy. 
The Consent Decree was lodged with the U.S. District Court for the 
Eastern District of Arkansas on November 23, 1999, and entered by the 
Court on December 12, 2000. Since the Consent Decree had not been 
entered by the District Court prior to completing remediation of the 
oily sludge pit area, the remedial action was completed under the terms 
of the UAO.
    The PRP's remedial construction contractor mobilized to the Site in 
June 1999 and initiated the first round of pilot tests in July 1999 to 
select a final reagent mix design for the stabilization/solidification 
treatment process. Pilot tests on the ancillary soils were completed in 
August 1999, and final testing on the oily sludge wastes was completed 
in November 1999. Stabilization of the oily sludge pit began in 
December 1999 and was completed in April 2000. A total of 19,376 cubic 
yards of oily sludge waste was treated through stabilization/
solidification. Stabilization of the ancillary soils began in September 
1999 and was completed in May 2000. A total of 20,372 cubic yards of 
soil was treated through stabilization/solidification. An additional 
2000 cubic yards of oily sludge waste mixed with soil and debris were 
discovered in June 2000 and treatment was completed by August 2000. The 
PRPs completed installation of the 2.7 acre soil cover on the adjacent 
landfill area in September 1999, and over the 4.28 acre area of treated 
material in June 2000.
    The borrow area used for the soil cover was graded and contoured so 
that repeated flooding by the Mississippi River and accumulation of 
silts and clay will establish a pond and surrounding wetland at the 
Site. Since 2000, the 1.58 acre borrow pit has accumulated water and 
vegetation due to flooding at the site. The water level in the borrow 
pit rises and falls in response to the water levels in the Mississippi 
River.

[[Page 45600]]

    Institutional controls were implemented at the Site to prevent 
exposure to ground water and the treated waste and landfill contents. 
The Consent Decree (Section V.9.a, Section IX.24.b) lodged in the U.S. 
District Court for the Eastern District of Arkansas in November 1999 
and entered in December 2000, specified a property easement, running 
with the land, that: (1) Grants a right of access for the purpose of 
conducting any activity related to the Consent Decree or any other 
activity related to implementing the ROD, including but not limited to, 
monitoring; and (2) grants to the right to enforce the land and water 
use restrictions listed in the Consent Decree to the United States, the 
State of Arkansas and its representatives, the other settling 
defendants, and other appropriate grantees. The land and water use 
restrictions are also specified in the property easement and include: 
(1) The prohibition on the installation of water wells in the alluvial 
aquifer until the remedial goals for the ground water operable unit 
have been achieved; (2) the prohibition on the removal of vegetation 
from the landfill cover if such removal may result in the subsequent 
erosion or removal of the soil cover over the landfill or treated 
material; and (3) the prohibition on the excavation or trenching into 
the treated material, landfill contents, or the associated soil cover 
with some exceptions. The property easement was executed on March 6, 
2001, by the William L. Johnson Co. The prohibition on further 
excavation into the treated material, landfill contents, or soil cover 
effectively prohibits further well installation at the site due to the 
site-wide presence of the landfill and the treated oily sludge pit.
    The EPA issued the Preliminary Close Out Report on September 19, 
2000, and the Remedial Action report on December 31, 2001.
    Long-term remedial action for the ground water operable unit was 
implemented through a sampling and analysis program conducted between 
January and November 2003. The sampling and analysis for the ground 
water included eight sampling events of the nine monitoring wells 
surrounding the oily sludge pit. The ground water monitoring program 
demonstrated that the combination of source area treatment and natural 
attenuation processes were effective in achieving the cleanup goals for 
the ground water operable unit. As a result of the completed remedial 
action for the oily sludge pit, the treated waste is no longer a source 
of the metals contamination previously detected in the ground water. 
The nine groundwater monitoring wells were plugged and abandoned in 
June 2003.
    The EPA issued the Final Remedial Action Report on June 9, 2003, 
following achievement of the remedial goals for the ground water 
operable unit. The Final Close Out Report for the Site was issued on 
September 25, 2003.

Cleanup Standards

    The sampling and analysis program for the oily sludge pit 
remediation included confirmatory testing to demonstrate compliance 
with the physical and chemical performance criteria for the stabilized 
material, and verification testing to demonstrate that the native soil 
beneath the treated material met the remedial goals for the site. For 
the confirmatory sampling, samples of the treated oily sludge and 
ancillary soil material were collected for unconfined compressive 
strength (UCS) and synthetic precipitation and leaching procedure 
(SPLP) testing at a frequency of one for every 500 cubic yards and 
permeability testing at a frequency of one for every 1000 cubic yards. 
Treated material was tested following a 7-day, 14-day, and 28-day cure 
time. An allowance is made for 20 percent of the samples collected from 
the treated oily sludge material to exceed the SPLP performance 
standards by a factor of two times, and 10 percent of the samples to 
exceed the standard by a factor of five times.
    A total of 48 confirmatory samples of the treated oily sludge 
material were collected for SPLP and UCS testing and 24 samples for 
permeability testing. Of the 24 samples for permeability testing, the 
average of all samples was 5 x 10-7 cm/sec which exceeded 
the treatment goal of 1 x 10-6 cm/sec as an allowable 
average. In addition, all samples exceeded the treatment goal of 1 x 
10-5 cm/sec as a maximum permeability value. Of the 48 
samples for UCS analysis, the average UCS value was 68.9 which exceeded 
the treatment goal of 50 psi as an allowable average. The SPLP 
performance criteria was also met or exceeded in the 48 samples except 
for two samples that did not meet the lead performance criteria.
    Confirmatory sampling of the stabilized ancillary soil material 
included 43 samples for chemical and physical testing. Of the 21 
samples for permeability testing, the average of all samples was 7 x 
10-7 cm/sec which exceeded the treatment goal of 1 x 
10-6 cm/sec as an allowable average. In addition, all 
samples exceeded the treatment goal of 1 x 10-5 cm/sec as a 
maximum permeability value. Of the 43 samples for UCS analysis, the 
average UCS value was 67 which exceeded the treatment goal of 50 psi as 
an allowable average. The SPLP performance criteria was also met or 
exceeded in the 43 samples except for four samples that did not meet 
the lead performance criteria.
    Verification testing was conducted beneath the treated oily sludge 
pit and at the base of the ancillary soil excavations for exceedances 
of the remedial goals. Verification sampling beneath the oily sludge 
pit was accomplished through ten borings and split-spoon sampling of 
the native soil beneath the treated oily sludge. All of the 
verification samples for the oily sludge pit were either non-detect or 
below the remedial goals. Verification sampling was performed after the 
hydraulic excavators had excavated the ancillary soils from each of the 
cells within the pit area. Of the seven verification samples from the 
base of the excavations, none of the samples had an exceedance of the 
remedial goals.
    The sampling and analysis program for the ground water included 
eight sampling events of the nine monitoring wells surrounding the oily 
sludge pit between January 2002 and November 2002. The ground water 
monitoring program demonstrated that the combination of source area 
treatment and natural attenuation processes were effective in achieving 
the cleanup goals for the ground water operable unit. Lead and arsenic 
concentrations were below the remedial goal in all wells during each of 
the eight sampling events. While barium and beryllium were both listed 
as contaminants of concern, these two metals have remained below the 
cleanup goals both before and after remediation of the oily sludge pit. 
Average manganese concentrations were also below the remedial goal in 
all wells during each of the eight sampling events.

Operation and Maintenance

    There are no scheduled operation and maintenance requirements for 
this Site. Future site inspections may be conducted as necessary during 
property redevelopment efforts to ensure that the institutional 
controls remain protective of human health, and in support of the five 
year review remedy evaluations. The stabilized/solidified waste in the 
former oily sludge pit does not require any maintenance and was 
designed to remain in-situ based on the stringent treatment standards. 
The 2-foot thick soil cover on the landfill and treated oily sludge pit 
area does not require mowing or other vegetation control since the 
vegetation helps to reduce potential erosion during flooding events. 
Since the soil cover is intended

[[Page 45601]]

to prevent accidental exposure to the landfill contents and the treated 
waste material, rather than act as an impermeable cap, roots from the 
vegetation will not impact the intended protectiveness of the soil 
cover. Soil and debris are also being added to the oily sludge mound 
area as part of the current property redevelopment efforts, creating an 
additional protective layer on the treated waste material. The security 
fence around the Site has been removed with the exception of the area 
within the hardwood wetlands that separates the Site from the St. 
Francis levee. A security gate at the entrance to the Site from South 
8th Street was left in place at the request of the property owner to 
control access to the Site.

Five-Year Review

    The Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA or Superfund) requires a five-year review of all 
sites with hazardous substances remaining above the health-based levels 
for unrestricted use of the site. Since the cleanup of the South 8th 
Street Landfill site utilized in-situ stabilization and solidification 
of the hazardous materials as the method to reduce the risk, the five-
year review process will be used to insure that the site reuse and 
redevelopment activities are consistent with the site restrictions. The 
EPA completed the first statutory five-year review in June 2004 and 
determined that the remedy selected for the South 8th Street Landfill 
remains protective of human health and the environment. For future 
five-year reviews, EPA will continue to monitor the reuse and 
redevelopment activities at the South 8th Street Landfill site and 
perform a five-year review inspection. EPA plans to complete the next 
Five-Year Review by June 2009.

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 State of Arkansas, 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 the EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective September 28, 2004, 
unless the EPA receives adverse comments by August 30, 2004, on a 
parallel notice of intent to delete published in the proposed rule 
section of today's Federal Register. If adverse comments are received 
within the 30-day public comment period on the proposal, the 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 the 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, Superfund, Water 
pollution control, Water supply.

    Dated: July 20, 2004.
Richard E. Greene,
Regional Administrator, Region 6.

    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. In Appendix B to Part 300, Table 1 is amended by removing the entry 
for ``South 8th Street Landfill, West Memphis, Arkansas.''

[FR Doc. 04-17301 Filed 7-29-04; 8:45 am]
BILLING CODE 6560-50-P