[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44063-44066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15151]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7947-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Rhinehart Tire Fire Dump
Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final notice of deletion of the Rhinehart Tire Fire
Dump Superfund Site (Site), located near Winchester (Frederick County),
Virginia, from the National Priorities List (NPL).
The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (CERCLA), 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 EPA with the
concurrence of the Commonwealth of Virginia, through the Virginia
Department of Environmental Quality (VDEQ), 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 30, 2005,
unless EPA receives adverse comments by August 31, 2005. 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: Andrew Palestini, Remedial
Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street,
Philadelphia, PA 19103-2029, [email protected], (215) 814-3233.
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, in Virginia, at the Handley Library, 100 West
Piccadilly Street, Winchester, VA 22601, (540) 662-9041 ext. 23. Hours
of operation are: Monday through Wednesday, 10 a.m. to 8 p.m. and
Thursday through Saturday, 10 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Andrew Palestini, Remedial Project
Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia,
PA 19103-2029, [email protected], (215) 814-3233 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
[[Page 44064]]
Rhinehart Tire Fire Dump 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 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 30, 2005,
unless EPA receives adverse comments by August 31, 2005, 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, 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. 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 Rhinehart Tire Fire Dump
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 exposure, CERCLA Sec.
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) 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 has 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) 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, EPA will publish a
timely notice of withdrawal of this direct final notice of deletion
before its effective date. 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.
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 History and Characteristics
Land and Resource Use
The Rhinehart Tire Fire Dump Site is approximately 10 acres in size
and is located on a much larger residential parcel of land located in a
sparsely populated rural area in western Frederick County, Virginia
approximately six miles west of Winchester. The upland portion of the
Site, where most of the Superfund response work took place, is
approximately 5 acres in size. Title of the property which constitutes
the Site, as well as the remaining portion of the Rhinehart Farm, is
part of the Rhinehart estate. The Site includes the head waters of
Massey Run which flows into Hogue Creek and then into the Potomac
River.
History of Contamination/Response Actions
Between 1972 and 1983, the operator (also the site owner) used the
ravine behind his home as a tire storage area. During the course of his
business, it is estimated that as many as twenty-five million tires
were handled by the operator. Most of the tires were sold for re-tread
and others for dock linings, etc. The remainder were stored in the
ravine.
On October 31, 1983, a fire broke out in the tire storage area, and
engulfed an estimated 5 to 7 million tires that were being stored at
the site at that time. Due to the magnitude of the fire, state
officials requested assistance from EPA. The fire was brought under
control within a few days, but continued to smolder for six months. An
investigation revealed that the fire was caused by an arsonist.
The burning of the tires caused a release of contaminants and the
melting and pyrolysis of the tires produced a hot oily substance.
Chemically, the oily tar contained benzene, ethylbenzene, toluene,
anthracene, naphthalene, pyrene, cadmium, chromium, nickel,
[[Page 44065]]
and zinc. The fire posed an imminent and substantial threat to human
health and the environment through the release of airborne
contaminants, the release of hazardous substances to Massey Run, Hogue
Creek, and the Potomac River, as well as the fire threat to the
surrounding forest.
Initially, EPA constructed a catch basin to trap the free-flowing
oily substance as it began to seep out of the edge of the tire pile and
into Massey Run. However, because of a higher than estimated flow rate,
a second pond (later named Dutchman's Pond) was constructed down-slope
from the burn area. Dutchman's Pond was constructed as a lined, 50,000
gallon pond in mid-November 1983. Approximately 800,000 gallons of oil
product were eventually collected, removed from the site, and recycled
as fuel oil.
To address the long-term cleanup, the site was placed on the
National Priorities List (NPL) on June 10, 1986. EPA split the remedial
activities into three operable units. The purpose of Operable Unit 1
(OU-1) was to control the off-site migration of contaminants and to re-
stabilize the area. The purpose of OU-2 was to decommission Dutchman's
Pond. The purpose of OU-3 was to address site-wide contamination.
Aquatic toxicity was identified in the OU-1 Remedial Investigation
as the principal environmental concern at the site. Contaminated runoff
from the site was found to be the main contributor to the chronic and
acute toxicity observed in surface water samples taken from locations
downstream of the site. Zinc, detected at levels exceeding the ambient
water quality, was thought to be the primary contributor of risk to
aquatic life. EPA selected an interim remedy in the OU-1 Record of
Decision (ROD) dated June 30, 1988, with the Remedial Action Objective
(RAO) of reducing or eliminating the continued migration of
contaminants off-site. The slopes were stabilized by covering them with
shotcrete (a concrete-like substance) and storm sewers were constructed
to transport the collected surface water to Rhinehart's Pond. The dam
at the pond was raised ten feet to enable gravity settling of the
collected water. A water treatment plant was installed when it was
determined that gravity settling alone would not meet the effluent
standards set by the Virginia Water Control Board.
The RAO for OU-2 was to eliminate the immediate threat of release
of contaminants from Dutchman's Pond to Massey Run. Dutchman's Pond
posed an imminent threat to the aquatic life in Massey Run because only
six inches of freeboard remained. Samples taken from the pond verified
surface water and sediment contamination; Again, zinc was the primary
contributor of aquatic risk. The remedy selected for OU-2, in the
September 29, 1992 ROD, was clean closure of Dutchman's Pond,
including: transporting the surface water to Rhinehart's Pond for
eventual treatment; solidification of the sediment; and, off-site
disposal of the solidified sediment, pond liner, and the soil
surrounding the pond which exceeded 50 mg/kg zinc.
Because the previous operable units focused on the immediate
threats posed by the contamination at the site, EPA evaluated long-term
threats as part of OU-3. The OU-3 Remedial Investigation consisted of
site-wide sampling to characterize and identify potential ground water,
soil, surface water, and sediment contamination from the fire.
Residential well and spring samples analyses showed concentrations
below Federal Maximum Contaminant Levels (MCLs). Sediment analyses
showed numerous inorganics in Rhinehart's Pond (such as arsenic,
cadmium, copper, lead, mercury, nickel, selenium, and zinc) and Massey
Run and Hogue Creek (such as copper, cyanide, iron, and zinc). Although
the results of the OU-3 human health risk assessment indicated a
potential risk associated with exposure to inorganics in the surface
soil, subsurface soil, and ground water, a background study indicated
that the levels detected were statistically comparable to background
levels. As such, these media did not require remediation and were not
considered when remedial action objectives were developed. The only RAO
developed for human health was the potential risk associated with
ingestion of fish from Hogue Creek, due to potential noncancer hazards
above recommended levels.
An Ecological Risk Assessment was performed to determine the risk
or harm to ecological resources from exposure to contaminants from the
Site, including toxicity evaluation of the sediment in Rhinehart's Pond
and Massey Run. Of all the metals calculated to pose a potential risk,
zinc was determined to pose the highest risk to the ecological
receptors at the Site, and was determined to be the driver of the
ecological risk found at the Site. In summary, the potential adverse
impacts on ecological receptors in Rhinehart's Pond and Massey Run is
associated with zinc in the sediment and cyanide and iron in the
surface water.
The OU-3 ROD, issued on September 29, 2000, provided for the third
and final phase of the long-term cleanup. The OU-3 RAOs were to:
Prevent ecological exposure to levels of zinc exceeding 1,600 mg/kg;
prevent migration and leaching of contaminants in the sediment that may
contaminate the surface water in Rhinehart's Pond, Massey Run, and
Hogue Creek; and, decommission the previously constructed facilities.
This remedy consisted of: treating the remaining surface water in
Rhinehart's Pond; solidification of the sediments in Rhinehart's Pond
that exceeded 1,600 mg/kg zinc; removal of the sediments in Massey Run
which exceeded 1,600 mg/kg zinc; offsite disposal of all sediments;
and, decommissioning the previously constructed facilities, including
covering the shotcrete with soil, removing the surface water collection
system, the treatment plant, and the dam at Rhinehart's Pond, as well
as re-grading and re-vegetating the site and restoring the stream where
Rhinehart's Pond was located.
Cleanup Standards
The remedial action cleanup activities at the Rhinehart Tire Fire
Dump site are consistent with the objectives of the NCP and will
provide protection to human health and the environment. The RAO for OU-
1 (reducing or eliminating the continued migration of contaminants off-
site) was met when EPA stabilized the site by placing shotcrete on the
fire damaged slopes and diverted the surface water through construction
of a collection sewer. Effluent limits set by the Virginia Water
Control Board were met prior to discharge of the water to Massey Run,
as evidenced by the effluent sampling forms, after construction of the
water treatment plant.
The RAO set for OU-2 was met through the clean closure of
Dutchman's Pond. All of the surface water was diverted to Rhinehart's
Pond for treatment through the water treatment system and the sediment
was solidified prior to offsite disposal. During excavation of the soil
surrounding the pond, EPA performed confirmatory sampling to determine
whether the cleanup standard of 50 mg/kg of zinc was met. However, the
soil removal had to be stopped when it was feared that any further
excavation could undermine the dam at Rhinehart's Pond. EPA issued an
Explanation of Significant Differences, with the concurrence of the
Virginia Department of Environmental Quality, to formalize this
decision to stop the excavation of soil.
The OU-3 RAOs were to: Prevent ecological exposure to levels of
zinc exceeding 1,600 mg/kg; prevent migration and leaching of
contaminants in the sediment that may contaminate
[[Page 44066]]
the surface water in Rhinehart's Pond, Massey Run, and Hogue Creek;
and, decommission the previously constructed facilities. These RAOs
were met by treating the surface water in Rhinehart's Pond; removing,
solidifying, and disposing of the sediment in Rhinehart's Pond which
exceeded 1,600 mg/kg of zinc; removing and disposing of the sediment in
Massey Run which exceeded 1,600 mg/kg of zinc; and decommissioning the
facilities previously constructed. Monitoring was performed on the
treatment plant discharge to ensure the effluent standards were met.
Confirmatory sampling was performed to ensure that the cleanup level
was achieved in Rhinehart's Pond. Confirmatory sampling was not
performed for the sediment removal in Massey Run because EPA identified
all of the stream pools in which sediment had to be removed and all of
the sediment was removed in each of these pools.
Operation and Maintenance
The facilities constructed under OU-1 were operated and maintained
by EPA from 1992 to 2002. The Commonwealth of Virginia contributed its
ten percent share of these operation and maintenance costs through a
Superfund State Contract.
All of the facilities constructed under OU-1 were decommissioned as
part of the OU-3 Remedial Action, leaving nothing left to operate or
maintain. In addition, re-vegetation of the site (performed as part of
OU-3) was designed to return the site to a natural condition. The
trees, bushes, and grass seed mixtures used were selected by the U.S.
Fish & Wildlife Service because they are indigenous to the area. During
the June 21, 2004 inspection, the U.S. Fish & Wildlife Service verified
that significant plant and tree species had taken root within the
stream area and along the stream banks, with good plant diversity and
healthy condition.
Five-Year Review
CERCLA requires a five-year review of all sites where the remedial
action results in hazardous substances, pollutants or contaminants
remaining at the site above levels that allow for unlimited use and
unrestricted exposure. EPA has completed two Five-Year Reviews for this
Site. The first was completed on September 12, 1997 (while clean-up was
ongoing) and the second on November 6, 2002 (just at the end of the OU-
3 Remedial Action).
Since all of the remaining contaminated media (surface water and
sediment from Rhinehart's Pond and sediment from Massey Run) was
removed from the Site as part of the OU-3 Remedial Action, there are no
hazardous substances, pollutants or contaminants remaining at the Site
above levels that allow for unlimited use and unrestricted exposure.
Thus, no additional Five-Year reviews will be conducted. Further, there
are no institutional controls needed for this 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 Site docket which EPA relied on for
recommendation of the deletion of the Site from the NPL are available
to the public in the information repositories.
V. Deletion Action
EPA, with the concurrence of the Commonwealth of Virginia through
the Department of Environmental Quality, has determined that all
appropriate responses under CERCLA have been completed at the Site, and
that no further response actions 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 of a notice of
intent to delete. This action will be effective September 30, 2005,
unless EPA receives adverse comments by August 31, 2005, 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, 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
also 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 26, 2005.
Donald S. Welsh,
Regional Administrator, U.S. EPA Region III.
0
For the reasons set out in the preamble, 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]
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2. Table 1 of Appendix B to Part 300 is amended under Virginia (``VA'')
by removing the site name ``Rhinehart Tire Fire Dump.''
[FR Doc. 05-15151 Filed 7-29-05; 8:45 am]
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