[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Rules and Regulations]
[Pages 42598-42602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11809]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-8202-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Arctic Surplus Site from 
the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10, is 
publishing a direct final notice of deletion of the Arctic Surplus Site 
(Site), located in Fairbanks, Alaska, 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 deletion is being published by EPA with the 
concurrence of the State of Alaska, through the Alaska Department of 
Environmental Conservation (ADEC) 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 25, 2006 
unless EPA receives adverse comments by August 28, 2006. 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1990-0011, by one of the following methods:
     http://www.regulations.gov. Follow the on-line instruction 
for submitting comments.
     E-mail: [email protected].
     Fax: (907) 271-3424.

[[Page 42599]]

     Mail: Jacques L. Gusmano, Remedial Project Manager, U.S. 
Environmental Protection Agency, Region 10, Alaska Operations Office, 
222 West 7th Avenue, Suite 19, Anchorage, Alaska 99513.
     Hand Delivery: 222 West 7th Avenue, Suite 19, Anchorage, 
Alaska 99513. Such deliveries are only accepted during the Docket's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SF-1990-
0011. 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 information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. 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 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index in the Deletion Docket Bibliography. Although 
listed in the index, some information is not publicly available, e.g., 
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, will be publicly 
available only in hard copy. Deletion Docket materials are available 
electronically or in hard copy at the EPA's Region 10 Superfund Records 
Center, 1200 Sixth Avenue, Seattle, Washington 98101 and the Defense 
Reutilization & Marketing Office (Administrative Records) Building 
5001, Mile Badger Road, Fairbanks, AK 99703 at (907) 353-1143. The 
Region 10 Superfund Records Center is open from 8 a.m. to 4:30 p.m. by 
appointment, Monday through Friday, excluding legal holidays. The 
Superfund Records Center telephone number is (206) 553-4494.

FOR FURTHER INFORMATION CONTACT: Jacques L. Gusmano, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 10, Alaska 
Operations Office, 222 West 7th Avenue, Suite 19, Anchorage, Alaska 
99513, phone: (907) 271-1271, fax: (907) 271-3424, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 10 is publishing this direct final notice of deletion of 
the Arctic Surplus Site, which is located in Fairbanks, Alaska 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 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 25, 2006 
unless EPA receives adverse comments by August 28, 2006 on this 
document. If adverse comments are received within the 30-day public 
comment period for 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.
    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 Arctic Surplus Salvage 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, or recategorized on 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 parties have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further action by responsible parties is 
appropriate; or
    (iii) The Remedial Investigation has shown that the site poses no 
significant threat to public health or the environment and, therefore, 
remedial measures are not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants or contaminants remain at the 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 will be 
conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the site remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate additional remedial actions. Whenever there is a significant 
release from a deleted site from the NPL, the site may be restored to 
the NPL without application of the Hazard Ranking System.
    In the case of this site, the selected remedy is protective of 
human health and the environment; however, because the remedy leaves 
waste on site above levels that allow for unlimited use and 
unrestricted exposure, a review of the selected remedy will be 
conducted at least every five years from initiation of the remedial 
action.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
Arctic Surplus:
    (1) EPA Region 10 issued a Record of Decision (ROD) and an 
Explanation of Significant Differences (ESD) which documented the 
remedial action goals.
    (2) The Defense Logistics Agency (DLA) issued a Remedial Action 
Report and a Final Closeout Report indicating remedial activities 
completed was issued by EPA.
    (3) The State of Alaska has concurred with the proposed deletion 
decision.

[[Page 42600]]

    (4) 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 the Fairbanks Daily News-
Miner 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.
    (5) All relevant documents have been compiled in the site deletion 
docket and made available in the local site information repositories. 
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. 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.
    Deletion of the Site from the NPL does not in itself, create, alter 
or revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management. 
As mentioned in Section II of this document, Sec. 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 Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

Site Background and History

    The Arctic Surplus Site, which consists of several land parcels, 
occupies 24.5 acres and is located on the northeast corner of Badger 
Road and the Old Richardson Highway, approximately six miles southeast 
of Fairbanks, Alaska. The western portion of the site was owned by the 
Department of Defense (DOD) and, from 1944 to 1956, a landfill used by 
the military was located on the parcel. Following its sale by DOD in 
1959, the entire site was used as a salvage yard, resulting in the 
accumulation of a large amount of both salvageable and non-salvageable 
materials. The salvage yard activities that have impacted the site 
include:

0
 Lead battery recycling; batteries were stored and then cracked to 
collect lead for recycling;
0
 Draining oil from transformers, some of which contained 
polychlorinated biphenyls (PCBs);
0
 Burning spent transformer oils to fuel an incinerator used to reclaim 
copper from transformer coils and lead from batteries;
0
 Salvaging mechanized equipment, which may have caused fluids to leak;
0
 Accumulating spent ordnance and explosives-related scrap; and,
0
 Storing oils, chemicals, containerized gases, and other hazardous 
materials improperly.
    Arctic Surplus was the subject of a Preliminary Assessment Report 
under the CERCLA dated June 29, 1987, and a Site Inspection in August/
September 1988. The Site was proposed for the NPL on October 26, 1989, 
and was listed on August 30, 1990.
    Since its identification as a CERCLA site, numerous investigations 
and removal actions have been performed to characterize the Site and 
address potential Site risks. Removal actions were completed during 
1989, 1990, and 1991 by EPA and by the Defense Logistics Agency (DLA) 
for DOD. During 1989, the site was fenced, approximately 22,000 pounds 
of asbestos were removed, and approximately 75 gallons of the 
pesticide, chlordane, were stabilized and removed. During 1990, more 
extensive removal actions included the dismantling of an incinerator 
and removal and offsite disposal of associated ash and contaminated 
soil, and the removal and offsite disposal of approximately 13 cubic 
yards of PCB-contaminated soil, 315 cubic yards of lead-contaminated 
soil from ``battery-cracking,'' and approximately 160 cubic yards of 
chlordane-contaminated soil. The removal actions also included bulking 
and removal of containerized waste, removal of battery casings, 
draining and disposal of transformer oils, and capping of specific 
areas of contaminated soil. In 1991, another removal action was 
completed to investigate alleged buried hazardous wastes and delineate 
the extent of localized contamination. To facilitate the investigation, 
approximately 300 non-PCB transformers were moved and staged for 
removal.
    The Remedial Investigation (RI) began in 1992 and was completed in 
1994. In the RI, several potential source areas were identified 
including on the western half of the Site:
0
 Battery cracking areas;
0
 Buried materials, including the old military landfill;
0
 Incinerator area; and
0
 Transformer processing areas.
    Additional potential source areas in other parts of the site were 
drum storage areas, and salvage and debris piles scattered all around 
the property. The two primary contaminants of concern (COCs) identified 
were lead and PCBs. Lead was identified at concentrations greater than 
500 milligrams per kilogram (mg/kg) in surface soils over much of the 
western portion of the Site. It was also found at elevated 
concentrations in a limited number of samples of off-property soils, 
presumably transported by traffic, filling, and grading, or particulate 
transport from wind. PCB transformer oils were found in old 
transformers, drums, and oil-stained soils in several areas of the 
Site. During the 1990 removal actions, free product in containers was 
removed and heavily contaminated soils were excavated and removed from 
the Site. Subsequent analyses of the surface soil throughout much of 
the western part of the Site detected elevated concentrations of PCBs 
in surface soils, locally in excess of 100 mg/kg. Groundwater quality 
was studied in the RI as a potential contaminant pathway. One on-site 
monitoring well contained trichloroethylene (TCE) ranging from 6-14 ug/
l (drinking water standard for TCE, 5 ug/l); this on-site well was 
located in the center of the property. No wells down gradient of this 
well, or any area residential wells had TCE concentrations above MCLs.

Selected Remedy

    On September 28, 1995, the Regional Administrator signed a Record 
of Decision (ROD) selecting the following remedy:
0
 Relocation and sorting of salvage material and debris, which must be 
moved to provide access to the contaminated soil;
0
 Excavation and stockpiling of soil exceeding cleanup standards for 
treatment or disposal;
0
 Onsite treatment of soil exceeding 50 mg/kg PCBs by solvent 
extraction;
0
 Onsite treatment of soil exceeding the lead industrial cleanup 
standard of 1,000 mg/kg by stabilization/solidification.
0
 Offsite disposal of soil exceeding hot spot concentrations for 
pesticides of 21 mg/kg 4,4'-DDD, 15 mg/kg 4,4'-DDT, and 0.44 ug/kg 
2,3,7,8-TCDD equivalence for dioxin/furans;
0
 Consolidation of treated soils into a containment area over the old 
closed military landfill;
0
 Capping of the containment area with a steep-sided cap to prevent 
future use; and

[[Page 42601]]

0
 Implementation of institutional controls including long-term 
groundwater monitoring, and operation and maintenance of fences and the 
cap; restrictions to prevent use of groundwater, maintain industrial 
use, and prevent any unauthorized access or use of the capped area.
    The design process to implement the ROD began in June 2002 with a 
reevaluation of the remedy selection. The design team consisted of 
representatives from EPA, ADEC, DLA, and DLA's consultants. The purpose 
of the reevaluation was to assess the current condition of the site 
relative to the ROD's goals and objectives, and to identify any 
improvements to the remediation process that could be implemented. The 
proposed treatment and cap design changes were evaluated by EPA and an 
Explanation of Significant Difference (ESD), signed on June 17, 2003, 
documented the changes to the original ROD. The changes to the ROD 
included in the ESD are:
0
 Treatment of soil with PCB concentration between 10 and 50 mg/kg by 
solidification/stabilization and placement of the treated soil in the 
onsite containment area,
0
 Offsite disposal of soil with PCBs greater than 50 mg/kg,
0
 Capping the new waste containment area with a geosynthetic clay liner 
(GCL) instead of compacted silt,
0
 Flattening the cap profile to allow for reuse of the land, and
0
 Develop permanent institutional controls that will be attached to the 
property and transfer with the land.

Response Actions

    EPA was negotiating an Agreement on Consent (AOC) with DOD when the 
remedial actions were begun. The final AOC was signed on December 11, 
2003. The other PRPs did not participate in the cleanup actions. The 
cleanup activities that were conducted had two major objectives; to 
implement the ROD including the ESD changes; and to remove or 
demilitarize any ordnance or potentially explosive items. A Remedial 
Action Work Plan for the ROD which specified soil cleanup activities 
was issued in May 2003. Implementation of the soil remedy began in June 
2003. The CERCLA remedial actions included:
0
 Relocating, sorting, and decontamination of salvage material, 
ancillary scrap (transformers, compressed gas cylinders, etc.), and 
debris to access the contaminated soil beneath;
0
 Excavation and stockpiling of contaminated soils with concentrations 
greater than 1,000 mg/kg lead or 10 mg/kg PCBs and off-property soils 
with concentrations greater than 400 mg/kg lead and/or 1 mg/kg PCBs;
0
 Excavation and segregation of soil with concentrations of PCBs greater 
than 50 mg/kg; dioxin concentrations greater than 0.44 ug/kg; DDD 
concentrations greater than 21 mg/kg; and/or DDT concentrations greater 
than 15 mg/kg;
0
 Shipment of dioxin-, DDT-, and DDD-contaminated soil and soil with 
greater than 50 mg/kg PCBs offsite for disposal;
0
 Solidification/stabilization of contaminated soil containing lead at 
concentrations greater than 1,000 mg/kg, and soil with greater than 10 
mg/kg but less than 50 mg/kg PCB;
0
 Placement of stabilized soils into a containment area, which also 
encompasses the old existing landfill located in the southwestern 
section of the site; and
0
 Capping the stabilized soil in the containment area and the existing 
landfill with a GCL cap.

Operation and Maintenance

    Pursuant to the Administrative Order of Consent dated December 11, 
2003, the long-term groundwater monitoring and the operations and 
maintenance (O&M) actions will be performed by DOD for the first five 
years, ending in September 2008. There are seven existing onsite 
groundwater monitoring wells that will be used for the long-term 
monitoring. There are three wells specifically downgradient of the new 
containment cell and one upgradient. The three other wells included in 
the long-term monitoring are along the northern property boundary. 
Provisions are included to extend this commitment as needed to maintain 
the site. The current O&M plan includes semi-annual groundwater 
monitoring and assessment of cap integrity.

Institutional Controls

    The institutional controls relating to site access and land use 
restrictions were not part of the Administrative Order, but were made 
part of a State of Alaska action using a document called ``Conservation 
Easement,'' recorded on September 21, 2004. This type of enforceable 
document was used at Arctic Surplus because there was no Settlement 
Document, i.e., consent decree, signed by all of the PRPs, only an 
Administrative Order with DOD. The signatories to the Conservation 
Easement for Arctic Surplus are the property owners, who have agreed to 
the terms of the Conservation Easement. The administration and 
enforcement of this document for Arctic Surplus was delegated to ADEC 
by the Alaska Department of Natural Resources (ADNR) by a Management 
Right Assignment dated September 29, 2004. This Assignment has been 
filed by ADNR for the State of Alaska. This Conservation Easement 
document also includes EPA as a partner to ADEC for management and 
enforcement. ADEC has the responsibility to implement the Conservation 
Easement as an institutional control, and will provide EPA and the PRPs 
with a notice of any problems based on any site inspections.

Five-Year Review

    Hazardous substances remain at the Site above levels that allow 
unlimited use and unrestricted exposure after the completion of the 
remedial action. Pursuant to CERCLA section 121(c) and as provided in 
the current guidance on Five-Year Reviews: OSWER Directive 9355.7-03B-
P, Comprehensive Five-Year Review Guidance, dated June 2001, EPA must 
conduct a statutory Five-Year Review. The first Five-Year Review Report 
will be completed by December 22, 2008.

Community Involvement

    EPA held nine public meetings, issued 13 fact sheets and published 
notices of three public comment periods in the Federal Register and in 
local newspapers. The meetings and fact sheets focused on CERCLA-
required comment periods, informational meetings, enforcement actions, 
alternative analysis or schedule announcements, and public involvement 
sessions. Since completion of remedial actions there have been minimal 
public comments.

Applicable Deletion Criteria

    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``responsible parties have implemented 
all appropriate response actions required.'' EPA, with the concurrence 
of the State of Alaska, believe that this criterion for deletion has 
been met. There is no significant threat to human health or the 
environment and, therefore, no further remedial action is necessary.

State Concurrence

    In a letter dated May 23, 2006, from the Alaska Department of 
Environmental Conservation (ADEC), ADEC concurs with the proposed 
deletion of the Arctic Surplus Site from the NPL.

V. Deletion Action

    The EPA, with concurrence of the State of Alaska, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no

[[Page 42602]]

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 September 25, 2006 unless EPA receives adverse comments by 
August 28, 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. In this case, 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 18, 2006.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.

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: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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 entry 
for ``Arctic Surplus, Fairbanks, Alaska.''

 [FR Doc. E6-11809 Filed 7-26-06; 8:45 am]
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