[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Rules and Regulations]
[Pages 35813-35816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5595]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-R04-SFUND-2006-0228; FRL-8188-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final notice of deletion of Davie Landfill Superfund 
Site from the National Priorities list.

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SUMMARY: EPA Region 4 is publishing a direct final notice of deletion 
of the Davie Landfill, Superfund Site (Site), located in Davie, 
Florida, 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 EPA with the concurrence of the State 
of Florida, through the Florida Department of Environmental Protection 
(FDEP) 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 notice is effective August 21, 2006 without 
further notice, unless EPA receives adverse comment by July 24, 2006. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final notice in the Federal Register and inform the public 
that the notice will not take effect.

ADDRESSES: Submit your comments, identified by EPA-R04-SFUND-2006-0228, 
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected]
    3. Fax: (404) 562-8896.
    4. Mail: ``EPA-R04-SFUND-2006-0228'', Superfund Remedial Section C, 
Superfund Remedial & Technical Services Branch, Waste Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Scott M. Martin, Remedial Project 
Manager, Superfund Remedial Section C, Superfund Remedial & Technical 
Services Branch, Waste Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.
    Instructions: Direct your comments to EPA-R04-SFUND-2006-0228. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through http://www.regulations.gov 
or e-mail, information that you consider to be CBI or otherwise 
protected. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

[[Page 35814]]

Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Superfund Remedial 
Section C, Superfund Remedial & Technical Services Branch, Waste 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if 
at all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30 excluding legal holidays.
    Comprehensive information on this Site is available through the 
Region 4 public docket, which is available for viewing at the Davie 
Landfill Site information repositories at two locations. Locations, 
contacts, phone numbers and viewing hours are:
    Davie Landfill Site Repository, Broward County Main Public Library, 
100 S. Andrews Ave., Level 5, Ft. Lauderdale, Florida 33301.
    U.S. EPA Record Center, attn: Ms. Debbie Jourdan, Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone: 
(404) 562-8862, Hours 8 a.m. to 4 p.m., Monday through Friday by 
appointment only.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Remedial Project 
Manager, Superfund Remedial Section C, Superfund Remedial & Technical 
Services Branch, Waste Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-8916. Mr. Martin can also 
be reached via electronic mail at [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

    EPA Region 4 is publishing this direct final notice of deletion of 
the Davie 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 the Section 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.
    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 Davie Landfill 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 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 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 consulted with the State of Florida on the deletion of 
the Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) Florida 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 document, 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

    Davie Landfill Superfund Site, 4001 SW. 142nd Avenue, Broward 
County, Davie, Florida 33314. EPA ID: FLD980602288.

Site History

    The Davie Landfill Site, located at 4001 SW. 142nd Avenue in Davie, 
Florida, is a 209 acre parcel of land that includes a 48 acre Class I 
landfill (north mound) and a 68 acre Class III landfill (south mound). 
The Site is situated in an area that previously has been mainly rural 
and agricultural but is quickly being developed into a residential 
area. The landfill began operation in 1964 with the startup of the 
county's garbage incinerator. Ash from the incinerator, construction 
debris, and demolition debris, were placed in the landfill. In 1975, 
the incinerator was closed because its emissions failed to meet new air 
regulations. At that time, a sanitary landfill was constructed for 
disposal of municipal solid waste. The sanitary landfill also accepted 
construction

[[Page 35815]]

debris, tires, and other wastes. Between 1971 and 1981, a basin area at 
the landfill was used for the disposal of grease trap material, septic 
tank sludge and treated municipal sludge. The Site was proposed for the 
NPL on December 30, 1982. A portion of the Site (approximately 160 
acres) was converted to a Broward County regional park, known as Vista 
View Park, which opened to the public on July 12, 2003.

Remedial Investigation and Feasibility Study (RI/FS)

Operable Unit (OU) 1
    The initial Remedial Investigation (RI) was conducted between 
January 1983 and September 1985, and focused mainly on the sludge 
disposal area. The RI report confirmed that cyanide and sulfide were 
present in the sludge in the basin area. All landfill activities ceased 
in December 1987, and Broward County began the closeout of the 
landfill. EPA then released a Feasibility Study (FS) which concluded 
that the Site could pose a potential health threat to the public 
through dermal contact with the contaminated soil in the sludge 
disposal area. No activities using removal authority were conducted at 
this Site.
Operable Unit 2
    In 1988, the Broward County Public Health Unit found vinyl chloride 
contamination in private wells south of the Site. In the early 1990's, 
further sampling by Broward County confirmed that vinyl chloride and 
antimony had contaminated the groundwater in the area. Therefore, 
another RI was conducted at the Site between March 1992 and August 
1994. Antimony and vinyl chloride were detected at levels above their 
respective drinking water standards. The final RI report summarized all 
Site analyses results. EPA released an FS which concluded that the Site 
could pose a potential health threat to the public through ingestion of 
groundwater contaminated with antimony and vinyl chloride. The FS 
provided a detailed analysis of monitored natural attenuation and pump 
and treat remedial alternatives.

Record of Decision Findings

Operable Unit 1
    On September 30, 1985, EPA issued a Record of Decision (ROD) which 
selected excavation of all contaminated soil in the sludge disposal 
area, on-Site treatment of the contaminated soil via stabilization, and 
then disposal of the stabilized soil in Cell Number 14 of the landfill.
Operable Unit 2
    On August 11, 1994, EPA issued a ROD which selected monitored 
natural attenuation to address the antimony and vinyl chloride 
contamination in the groundwater. In addition, the ROD required the 
monitoring of area residential wells to determine the impact of Site 
related groundwater contamination and the extension of public water 
supply connections to residents whose private wells had been impacted. 
The State of Florida's drinking water standards for antimony and vinyl 
chloride were selected as the cleanup standards.

Response Actions

Operable Unit 1
    On June 30, 1988, a Cooperative Agreement was awarded to the 
Broward County Board of Commissioners for partial funding of the 
remediation of the sludge lagoon portion of the Site. Pursuant to the 
ROD and the Cooperative Agreement, Broward County performed the 
remediation of the sludge lagoon, which was completed in July 1989.
    The excavation, dewatering and stabilization of the lagoon sludge 
began on April 15, 1989. Dry and wet sludge materials were mixed to 
create a uniform mixture for stabilization. Type I Portland cement was 
then added to the mixture, as necessary, to stabilize the material and 
to remove any remaining free moisture. The stabilized material was 
loaded onto dump trucks and hauled to Cell Number 14 of the sanitary 
landfill for disposal. A total of 82,158 cubic yards of sludge were 
excavated, stabilized and disposed. Sludge was also encountered and 
removed from the eastern slope of the trash landfill and the dike areas 
and concrete off-loading ramp associated with the sludge lagoon. Sludge 
removal and stabilization activities were completed in May 1989.
    Excavation of unsuitable material around the sludge lagoon was 
performed concurrently with the sludge excavation activities. These 
materials included trash, construction materials and other debris used 
in the construction of the dike surrounding the sludge lagoon. A total 
of 57,626 cubic yards of unsuitable material were excavated from the 
area. These materials were disposed of in either Cell Number 14 or the 
sanitary landfill or the trash landfill, as required. Excavation of the 
unsuitable material was completed in July 1989.
    Final grading of the sludge lagoon occurred in June 1989. This 
included the creation of a water channel connecting the newly excavated 
nature pond (former sludge lagoon) and Borrow Pit Number 2. The nature 
pond was created during the excavation and removal of the foundation 
material. Based on the satisfactory analytical results of compoSite 
surface water samples collected from the newly constructed nature pond, 
excavation of the connecting channel between the new nature pond and 
Borrow Pit Number 2 was completed in July 1989.
    Construction of the final cover for Cell Number 14 of the sanitary 
landfill began on July 25, 1989, and was completed on August 8, 1989. A 
total of 31,969 tons of limerock were used as landfill cover material. 
Two lifts of material, 1-foot thick, were spread and compacted to an 
in-place density of at least 98%. The final cover was sloped at a 2% 
grade towards the southwest corner of the sanitary landfill.
Operable Unit 2
    In 1988, Broward County extended public water lines to the area of 
Sunshine Ranches between Griffin Road and Palomino Drive (north and 
south boundaries) and between Volunteer Road and Hancock Road (west and 
east boundaries). In 1994, the water line was extended 300 feet east of 
Hancock Road on East Palomino Drive.
    EPA determined that the groundwater sampling data collected as part 
of the FDEP landfill closure permit would provide all information 
necessary to monitor the progress of natural attenuation. This required 
the semiannual monitoring of seven groundwater monitoring well 
clusters. Therefore, because execution of the remedial design for 
groundwater did not require any major construction activities, the 
remedial action at the Site was determined to be operational and 
functional on October 18, 1995.

Cleanup Standards

Operable Unit 1
    As part of the 1985 ROD, residual soil cleanup goals were 
established for lead, chromium, cadmium, arsenic and mercury. In May 
1989, thirty-nine foundation material samples from seven sampling Sites 
were obtained and submitted for analysis to determine the effectiveness 
of the sludge lagoon cleanup activities. The result of the analysis 
indicated that all but two sample locations revealed concentrations 
below the soil cleanup goals. The two said sample locations revealed 
marginal exceedances of the soil cleanup goals for arsenic. The areas 
surrounding these sampling locations were further excavated. Surface 
scraping of the lagoon area was performed along

[[Page 35816]]

with the excavation of the foundation materials. A total of 23,400 
cubic yards of material were excavated and disposed of in Cell Number 
14 of the sanitary landfill. These activities were completed in June 
1989.
Operable Unit 2
    The natural attenuation monitoring plan required the semiannual 
monitoring of seven groundwater monitoring well clusters. The ROD 
requires one year of meeting cleanup standards to demonstrate 
completion. From September 2000 until September 2003, groundwater data 
indicated that groundwater cleanup standards for vinyl chloride and 
antimony had been achieved.

Operation and Maintenance

    Broward County will conduct all the Operation and Maintenance (O&M) 
activities at the Site. Since the Site is an officially closed 
landfill, the operation and maintenance requirements of the Post-
Closure landfill closure permit will require the continued monitoring 
of the seven groundwater monitoring well clusters, maintenance of the 
landfill cover, stormwater/surface water management, biweekly 
inspection of the leachate liner, and maintenance of the sanitary 
landfill gas collection and control system. Additionally, the Site has 
been converted into a Broward County park and will be maintained 
accordingly. The current estimated annual operations and maintenance 
cost is $250,000.

Five-Year Review

    This Site meets all the Site completion requirements as specified 
in Office of Solid Waste and Emergency Response (OSWER) Directive 
9320.2-09-A-P, Close Out Procedures for National Priorities List Sites. 
Specifically, confirmatory sampling verifies that the Site has achieved 
the ROD cleanup standards specified in both the OU1 and OU2 RODs, and 
that all cleanup actions specified in the ROD have been implemented. 
The only remaining activity to be performed is O&M that Broward County 
will conduct.
    Because hazardous materials remain at the Site inside the landfill 
above levels that allow for unlimited use and unrestricted exposure, 
Section 121 of CERCLA requires ongoing statutory review to be conducted 
no less than every five years from the start of remedial actions. The 
first five-year review was conducted in March 1994, and the second was 
conducted in May 2000. These reviews concluded that the selected remedy 
remains protective of human health and the environment.

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.
    All basic requirements for public participation under CERCLA were 
met in both remedy selection processes. Because the Site is located in 
a residential area, community relations activities were focused on 
communication between the residents in the affected community and the 
government agencies. Special attention was directed toward keeping the 
community informed of all study results. Meetings were held with the 
Town of Davie officials and availability sessions were held with the 
community. Because the area is rapidly changing from small horse farms 
and agricultural to more high density residential, EPA continues to 
provide active community relations by publishing fact sheets and 
answering calls and e-mails from people who are considering purchasing 
a new home in the area.

V. Deletion Action

    The EPA, with concurrence of the State of Florida, 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 EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective August 21, 2006 unless EPA receives adverse comments by 
July 24, 2006. 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 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, Chemicals, Hazardous waste, Hazardous 
substances, Superfund, Water pollution control, Water supply.

    Dated: June 8, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
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 by removing the Site 
Davie Landfill, Davie, Florida.

[FR Doc. 06-5595 Filed 6-21-06; 8:45 am]
BILLING CODE 6560-50-P