[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Proposed Rules]
[Pages 46429-46432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13298]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8209-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Nineteenth (19th) Avenue 
Landfill Superfund Site from the National Priorities List.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
9 is issuing a notice of intent to delete the Nineteenth (19th) Avenue 
Landfill Superfund Site (Site), located in Phoenix, AZ, from the 
National Priorities List (NPL) and requests public comment on this 
notice of intent. The NPL, promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 
300, which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). The EPA and the State of Arizona, through the 
Arizona Department of Environmental Quality (ADEQ), have determined 
that all appropriate response actions under CERCLA have been completed. 
Operation and maintenance and five-year reviews will continue at the 
Site. This deletion does not preclude future actions under Superfund.

DATES: Comments concerning the deletion of this Site from the NPL must 
be received by September 13, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (415) 947-3526. Mail or Hand Delivery: Nadia Hollan, 
EPA Region IX, Mail Code: SFD-8-2, 75 Hawthorne Street, San Francisco, 
CA 94105,
     or
    Environmental Protection Agency, EPA Docket Center (EPA/DC), Docket 
ID No: EPA-HQ-SFUND-1983-0002, Mailcode: 5202T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1983-0002. 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 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Publicly available docket materials are 
available electronically in http://www.regulations.gov or at the EPA's 
information repositories at the following addresses: U.S. EPA Region IX 
Superfund Records Center at 95 Hawthorne St., San Francisco, CA, (415) 
536-2000, Monday through Friday 8 a.m. and 5 p.m., excluding holidays; 
City of Phoenix Main Library, Government Documents Section, 1221 North 
Central Avenue, Phoenix, Arizona 85004, (602) 262-4636, Hours: M-Th, 10 
a.m. to 9 p.m., Fri. & Sat., 10 a.m. to 6 p.m., Sun., 12 p.m. to 5 
p.m.; and Arizona Department of Environmental Quality Records Center, 
1110 West Washington Street, Phoenix, Arizona 85007, e-mail: 
[email protected] or call (602) 771-4380 or 1 (800) 234-5677, 
ext. 771-4380, Hours: M-F, 8:30 a.m. to 4:30 p.m.

[[Page 46430]]


FOR FURTHER INFORMATION CONTACT: Nadia Hollan, EPA Remedial Project 
Manager, (415) 972-3187 OR 1 (800) 231-3075 (message line), 
[email protected], or fax (415) 947-3526. Or, you may contact 
William DePaul, ADEQ Remedial Project Manager, (602) 771-4654, 
[email protected], or fax (602) 771-2302.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 9 announces 
its intent to delete the 19th Avenue Landfill, located in Phoenix, 
Arizona, from the National Priorities List (NPL), and requests comments 
on this proposed deletion. 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. Sites on the NPL may be 
the subject of remedial actions financed by the Hazardous Substances 
Superfund Response Trust Fund (Fund). 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.
    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 19th Avenue Landfill 
Superfund Site and demonstrates how it meets the deletion criteria.

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 releases 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; or
    (ii) All appropriate Fund-financed responses 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 site above levels that allow 
for unlimited use and unrestricted exposure, as is the case with the 
19th Avenue Landfill Site, 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 site remains protective of public 
health and the environment. The Arizona Department of Environmental 
Quality (ADEQ), with EPA oversight, will conduct each five-year review 
of the Site. 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 the application of the 
hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the deletion of the Site:
    (1) The EPA consulted with the State of Arizona on the deletion of 
the Site from the NPL prior to developing this notice of intent to 
delete.
    (2) The State of Arizona concurred with the deletion of the Site 
from the NPL.
    (3) Concurrently with the publication of this notice of intent to 
delete in the Federal Register, a notice is being published in the 
Arizona Republic (local newspaper) 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.
    If adverse comments are received within the 30-day public comment 
period on this document, EPA will evaluate the comments before making a 
final decision to delete. If necessary, EPA will prepare a 
Responsiveness Summary to address any significant public comments 
received. After the public comment period, if EPA determines it is 
still appropriate to delete the Site, the Regional Administrator will 
place a final Notice of Deletion in the Federal Register. Generally, 
the NPL will reflect deletions in the final update following the 
Notice. Public notices and copies of the Responsiveness Summary, if 
prepared, will be made available to interested parties and in the site 
information repositories.
    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 of Intended Site Deletion

    The following information provides EPA's rationale for proposing to 
delete the Site from the NPL.

Site Location and History

    The 19th Avenue Landfill is owned by the City of Phoenix and is 
located southeast of the intersection of Lower Buckeye Road and 19th 
Avenue, in a predominately industrial area of Phoenix, Maricopa County, 
Arizona. The landfill is intersected by the Salt River Channel. The 
larger part of the landfill, Cell A, covers approximately 200 acres 
located on the north side of the Salt River channel. The remainder of 
the landfill, Cell A-1, is located on the south side of the Salt River 
channel.
    In 1955, the 19th Avenue Landfill Site was relatively undisturbed 
except for a shallow 20-acre excavation. More pits were excavated as 
deep as 50 feet below land surface to create the space needed for waste 
disposal. The pits were then backfilled with municipal refuse, solid, 
and liquid industrial wastes. Liquid wastes, including industrial 
wastes, were poured into unlined pits dug into areas of Cell A 
previously filled with refuse. In addition to the municipal and 
industrial wastes, some medical wastes and materials containing low 
levels of radioactivity were also deposited. It has been estimated that 
the landfill contains approximately nine million cubic yards of refuse. 
The refuse was generally covered on a daily basis. A final soil cap was 
placed over an area once it was full of waste. Parts of the landfill 
were covered with water by at least one flood during 1965 and 
intermittently during the 1970s.
    The landfill was closed by a cease and desist order issued by the 
Arizona Department of Health Services (ADHS), predecessor to ADEQ, in 
February 1979. The City of Phoenix (City), the landfill owner and 
operator, and ADHS entered into a consent agreement in June 1979. The 
City covered the Site with fill material, stockpiled soil for final

[[Page 46431]]

capping, installed 18 groundwater monitoring wells, built berms around 
the boundary of the landfill, installed a methane gas collection 
system, and provided a 24-hour security guard.
    The landfill was proposed for the EPA National Priorities List 
(NPL) on December 30, 1982, and formally placed on the NPL on September 
8, 1983. The City of Phoenix voluntarily began a remedial 
investigation, and in 1988 the EPA assigned the lead oversight 
responsibility for the Site to ADEQ.

Remedial Investigation and Feasibility Study (RI/FS)

    The remedial investigation and feasibility study (RI/FS) conducted 
was completed by the City in 1988. The RI/FS was prepared according to 
the requirements of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as amended. The major 
findings of the RI/FS indicated that:
    1. The landfill contents are generally similar to those of other 
municipal landfills of its era and include some hazardous materials, 
pollutants, and contaminants at low levels.
    2. The majority of water quality results did not exceed Maximum 
Contaminant Levels (MCL). The following constituents exceeded the MCL 
intermittently and in only a few wells during the RI: arsenic (maximum 
level detected 170 ppb), barium (max. 2.58 ppm), carbon tetrachloride 
(max. 35.1 ppb), gross alpha (max. 17.9 pCi/L), gross beta (max. 122 
pCi/L), mercury (max. 11 ppb), and vinyl chloride (max. 2.6 ppb). 
Generally, the total concentrations of VOCs in downgradient wells were 
similar or less than in upgradient wells and impacts of inorganics at 
the landfill were not discernible at downgradient wells. In addition, 
the groundwater in the vicinity of the landfill was not being used as a 
drinking water source. Because of the above factors, results of risk 
assessment calculations, and that drinking water in the area is 
supplied by the City of Phoenix, ADEQ and EPA determined that 
groundwater quality did not pose a threat to public health or the 
environment.
    3. The Salt River does not support permanent fish populations; 
therefore, no bioaccumulation of compounds will occur. Small mammals 
and birds observed at the landfill would not be expected to ingest any 
contaminated soil or refuse due to the landfill(s protective cap.
    4. Additional flood protection was required. Approximately 30 
percent of the surface area of Cell A and 50 percent of Cell A-1 would 
be subject to inundation during a 100-year flow in the Salt River.
    5. The gas extraction system required renovation.

Record of Decision Findings

    The City completed a remedial action plan (RAP) according to the 
State of Arizona Water Quality Assurance Revolving Fund (WQARF or State 
Superfund) in June 1989. The RAP selected the preferred remedy for the 
Site. By Letter of Determination (LOD), dated September 21, 1989, ADEQ 
approved the final draft Remedial Action Plan (RAP) and the preferred 
alternative for the Site. EPA signed a Record of Decision (ROD) in 
September 29, 1989 concurring with the remedy.
    The major components of the selected remedy for the 19th Avenue 
Landfill Site include:
    1. Levees along both the north and south banks of the Salt River at 
the landfill Site to provide for flood protection;
    2. Channelization of the Salt River to widen the river bottom to 
prevent flood water from impeding upon the landfill surface;
    3. A soil cap (minimum of 3 feet) with a permeability of less than 
10-4 centimeters per second to be placed over the landfill so that rain 
water does not seep into the landfill material;
    4. Methane gas collection and treatment in a manner that eliminates 
the risk of explosion;
    5. Ambient air quality, methane gas, and groundwater monitoring; 
and
    6. Implementation of a contingency plan to outline additional 
monitoring and response evaluation procedures should groundwater 
quality standards be exceeded at the landfill boundary in the future.
    Subsequent to the ROD, EPA and ADEQ signed three Explanations of 
Significant Differences (ESDs) to the selected remedy. In December 
1995, ESD 1 was signed to change the perimeter drainage 
channel lining material from gunite to Armorflex. The Armorflex 
material was better suited to handle potential landfill settlement and 
for landfill maintenance activities. In October 2005, ESD 2 
updated the applicable standards for groundwater and air quality. The 
current and proposed EPA Safe Drinking Water Act Maximum Contaminant 
Level (MCL) and the Arizona Ambient Air Quality Guidelines for volatile 
organic carbons were identified as standards to compare groundwater and 
ambient air monitoring data with. In June 2006, ESD 3 was 
completed to identify institutional controls (IC) that are necessary to 
protect the integrity of the remedy in the long-term. The specific IC 
mechanisms identified were the Declaration of Environmental Use 
Restriction (DEUR) and the existing Arizona Department of Water 
Resources (ADWR) requirements. The DEUR controls the use and access to 
the landfill property and ADWR restricts groundwater well site 
location, construction, and use that could impact the remedy.

Response Actions

    ADEQ and the City entered into a Consent Decree in 1992 for the 
implementation and long term operation and maintenance of the remedy. 
Remedial design drawings and specifications were prepared by City 
contractors for all components of the remedy and submitted for review 
and approval by appropriate federal, state, county, and city agencies. 
Between August 1995 and October 1996, the City's Remedial Action 
contractor completed construction of the remedy components including 
the levee system and other flood control improvements, site 
landscaping, capping system, gas collection system, and the two flare 
stations. The emissions testing for the flare stations at Cell A and 
Cell A-1 were performed on October 16-18, 1996 and was satisfactory, 
and an air permit was subsequently issued to the City. The landfill gas 
collection system has been operational and functional since February 
1997.
    The City of Phoenix submitted a construction completion report in 
September, 1998 certifying completion of all remedial action and 
documenting that the objectives of the remedial action have been met. 
This report certifies that all major components of the remedy are 
complete with the exception of environmental monitoring which is an 
ongoing part of the remedy.
    A Preliminary Close-Out Report (PCOR) documenting construction 
completion was signed by ADEQ and EPA in February 1998. Remedial Action 
Report was completed by the City of Phoenix in September 1998, 
documenting that the remedy was operational and functional.
    During the first Five-Year Review in 2000, it was determined that 
the methane gas collection system was not operating optimally and 
methane had been migrating past the landfill boundary. In order to 
enhance the operational up time of the system as well as to better 
control methane along the southern and northeastern portions of the 
landfill, where probes were out of compliance, an expansion to the 
system was completed. The enhancements included installation of 
additional

[[Page 46432]]

methane monitoring probes at the perimeter of the landfill, and methane 
collection along the middle and southern portions of the landfill. A 
final engineering design of a system to enhance gas collection was 
approved by ADEQ in 2001, and construction was completed during May 
2002. The system operates more effectively and the methane monitoring 
probes have been in compliance since the system expansion was 
completed.
    Finally, in order to implement institutional controls concerning 
future land use, a Declaration of Environmental Use Restriction (DEUR) 
was recorded on the property title in July 2006. The DEUR restricts 
uses of the property, and specifically prohibits residential use. A 
Final Close Out report documenting completion of all necessary Site 
remedial actions was also completed by ADEQ and EPA in July 2006.

Cleanup Standards and Operation and Maintenance

    The remedy selected for the Site eliminates or reduces the risks 
posed by the Site through the use of engineering controls (cap, levee 
system, methane collection and treatment system, etc.), and 
institutional controls. The selected remedy provides for containment of 
the large volume of low level organic and inorganic waste material 
present in the landfill and reduces the potential for contaminant 
migration into the groundwater. Groundwater, methane, and ambient air 
monitoring are conducted to ensure the remedy is performing as 
intended.
    Quarterly groundwater monitoring has been conducted at the Site 
since 1992. It has been determined that the landfill has not impacted 
groundwater off-site. Groundwater monitoring will continue according to 
the Groundwater Contingency Plan requirements, however, it is extremely 
unlikely that contamination from the landfill will ever trigger the 
groundwater contingency or will pose a significant threat to human 
health and the environment.
    Methane monitoring at the perimeter of the landfill is an on-going 
process as part of the operation of the methane gas collection and 
treatment system. Methane levels exceeding the explosive hazard (5% by 
volume) are brought into compliance through operational adjustments of 
the system in order to prevent migration of dangerous levels of methane 
off-site. In addition, monitoring of stack emissions from the flare 
stations is required on a periodic basis to conform with Maricopa 
County regulations.
    Ambient air monitoring of VOCs above the landfill was performed in 
December 1998 and July 1999. Results show that the landfill, with 
current remedial measures in place, is not impacting ambient air 
quality.
    Long-term protection of public health and the environment will be 
ensured by regular operation and maintenance of the remedial measures 
implemented and will be assessed by continued monitoring at the 
landfill of groundwater, methane and if necessary, ambient air. The 
City of Phoenix is required to implement these actions through the 
Consent Decree as well as the Declaration of Environmental Use 
Restriction (DEUR) with ADEQ.

Five-Year Review

    Two Five-Year reviews have been conducted at the Site in September 
2000 and September 2005. All deficiencies identified in the reviews 
have been corrected and the remedy is protective of human health and 
the environment. As required by statute, ADEQ will continue conducting 
statutory five-year reviews under EPA oversight. The next Five-Year 
review is scheduled for September 2010.

Community Involvement

    Pubic 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. Community involvement activities for the 19th Avenue 
Landfill began in 1986 and continued throughout the cleanup. A 
Community Participation Group was established to review and provide 
comments on available information about the project and serve as a 
point of information exchange for the community. The RI/FS was released 
to the public and was made available at the information repositories. 
The RAP was submitted for public comment and a formal public meeting 
was held on July 20, 1989. After completion of the ROD, periodic fact 
sheets were issued to the Site mailing list to update the community on 
Site cleanup progress, and notices were published in the newspaper 
regarding five-year review activities. 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.

Applicable Deletion Criteria

    One of the three criteria for site deletion in the NCP (40 CFR 
300.425(e)(1)(i) specifies that EPA may delete a site from the NPL if 
``responsible parties have implemented all appropriate response actions 
required.'' The EPA, with the concurrence of the State of Arizona 
through the Department of Environmental Quality, has determined that 
all appropriate responses under CERCLA have been completed by the 
responsible party and that no further response actions under CERCLA are 
necessary. Operation and maintenance (O&M) activities will continue to 
be conducted by the responsible party, however O&M is not defined as a 
response action by the NCP. Therefore, a site in O&M can be deleted. 
EPA is proposing deletion of this site from the NPL based on this 
criteria. Documents supporting this action area available in the 
docket.

State Concurrence

    In a letter dated July 12, 2006, the Arizona Department of 
Environmental Quality concurred with the proposed deletion of the 19th 
Avenue Landfill Superfund Site from the NPL.

     Dated: August 3, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
 [FR Doc. E6-13298 Filed 8-11-06; 8:45 am]
BILLING CODE 6560-50-P