[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46171-46175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16062]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8456-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice for partial deletion of the RSR Corporation 
Superfund Site, Operable Unit No. 4 and Subarea 1 of Operable Unit No. 
5 from the National Priorities List.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
6 is publishing a direct final notice for partial deletion of the RSR 
Corporation Superfund Site (RSR Site), Operable Unit (OU) No. 4 and 
Subarea 1 of Operable Unit (OU) No. 5, located in Dallas, Dallas 
County, Texas, from the National Priorities List (NPL). This partial 
deletion does not include OU No. 1, OU No. 2, OU No. 3 or Subareas 2, 
3, and 4 of OU NO. 5. The partial deletion for OU No. 4 and Subarea 1 
of OU No. 5 came at the request of a developer to help facilitate the 
purchase of these properties. The EPA plans to delete the other 
operable units and areas of the RSR Superfund Site in 2008. 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 for partial deletion is being published by the EPA with 
the concurrence of the State of Texas, through the Texas Commission on 
Environmental Quality (TCEQ), because the EPA has determined that all 
appropriate response actions under CERCLA have been completed and, 
therefore, further remedial action pursuant to CERCLA is not 
appropriate for OU No. 4 and Subarea 1 of OU No. 5.

DATES: This direct final notice for partial deletion will be effective 
October 16, 2007 unless the EPA receives adverse comments by September 
17, 2007. If adverse comments are received, the EPA will publish a 
timely withdrawal of the direct final notice of partial deletion in the 
Federal Register informing the public that the partial deletion will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1995-0005, Notice Phase-1, by one of the following methods:
    http://www.regulations.gov: Follow the on-line instruction for 
submitting comments.
    E-mail: mail to [email protected].
    Fax: 214-665-6660
    Mail: Janetta Coats, Community Involvement Coordinator, U.S. EPA 
Region 6 (6SF-PO), 1445 Ross Avenue, Dallas, TX 75202-2733, (214) 665-
7308 or 1-800-533-3508.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1995-0005, Notice Phase-1. The EPA's policy is that all comments 
received will be included in the public docket without change and may 
be 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 the 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 the 
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, the 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 the EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, the 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. 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. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the information 
repositories.

[[Page 46172]]

    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying during central standard time at 
the Site information repositories located at: U.S. EPA Region 6 
Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-
2733, (214) 665-6424, Monday through Friday 9 a.m. to 12 p.m. and 1 
p.m. to 4 p.m.; Dallas West Branch Library, 2332 Singleton Boulevard, 
Dallas, Texas 75212, (214) 670-6445, Monday, Tuesday, and Thursday 10 
a.m. to 9 p.m.; Wednesday and Saturday 10 a.m. to 5 p.m.; Texas 
Commission on Environmental Quality (TCEQ), Central File Room Customer 
Service Center, Building E, 12100 Park 35 Circle, Austin, Texas 78753, 
(512) 239-2900, Monday through Friday 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Carlos A. Sanchez, Remedial Project 
Manager (RPM), U.S. EPA Region 6 (6SF-R), 1445 Ross Avenue, Dallas, TX 
75202-2733, (214) 665-8507 or 1-800-533-3508 ([email protected]).

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The EPA Region 6 office is publishing this direct final notice for 
partial deletion of the RSR Corporation Superfund Site, OU No. 4 and 
Subarea 1 of OU No. 5 from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec.  300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because the EPA considers this action to be noncontroversial and 
routine for these RSR operable units, the EPA is taking it without 
prior publication of a notice of intent to partial delete. This action 
will be effective October 16, 2007 unless the EPA receives adverse 
comments by September 17, 2007 on this document. If adverse comments 
are received within the 30-day public comment period on this document, 
the EPA will publish a timely withdrawal of this direct final notice 
for partial deletion before the effective date of the partial deletion 
and the partial deletion will not take effect. The EPA will, as 
appropriate, prepare a response to comments and continue with the 
partial deletion process on the basis of the notice of intent to 
partial delete and the comments already received. There will be no 
additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that the EPA is 
using for this action. Section IV discusses the RSR Corporation 
Superfund Site and demonstrates how it meets the deletion criteria. 
Section V discusses the EPA's action to delete OU No. 4 and Subarea 1 
of OU No. 5 from the NPL unless adverse comments are received during 
the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate to protect human 
health or the environment. In making such a determination pursuant to 
Sec.  300.425(e), EPA will consider, in consultation with the State, 
whether any of the following criteria have been met:
    i. Section 300.425(e)(1)(i). Responsible parties or other persons 
have implemented all appropriate response actions required; or
    ii. Section 300.425(e)(1)(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. Section 300.425(e)(1)(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.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions at the area deleted if 
future site conditions warrant such actions. Section 300.425(e)(3) of 
the NCP provides that Fund-finances actions may be taken at sites that 
have been deleted from the NPL. A partial deletion of a site from the 
NPL does not affect or impede EPA's ability to conduct CERCLA response 
activities at areas not deleted and remaining on the NPL. In addition, 
deletion of a portion of site from the NPL does not affect the 
liability of responsible parties or impede agency efforts to recover 
costs associated with response efforts.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management.
    The following procedures apply to deletion of OU No. 4 and Subarea 
1 of OU No. 5:
    (1) The EPA has recommended the partial deletion and has prepared 
the relevant documents.
    (2) The State of Texas through the Texas Commission on 
Environmental Quality concurs with the partial deletion of the RSR Site 
from the NPL.
    (3) Concurrently with the publication of this direct final notice 
for partial deletion, a notice of the availability of the parallel 
notice of intent for partial deletion 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 RSR 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 for 
partial deletion the RSR Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document, the EPA will publish a timely notice 
of withdrawal of this direct final notice for partial deletion before 
its effective date and will prepare a response to comments and continue 
with the partial deletion process on the basis of the notice of intent 
for partial deletion and the comments already received.

IV. Basis for Partial Deletion

    The following information provides the EPA's rationale for partial 
deletion of the RSR Site from the NPL. This partial deletion only 
includes OU No. 4 and Subarea 1 of OU No. 5. Figures, with coordinates, 
of the areas to be deleted will be made available at the Site 
information repositories and included with the deletion docket. 
Deletion of these areas of the RSR Site was requested by a developer to 
help facilitate the purchase of these properties. Cleanup activities 
have been completed for the other operable units and areas of the RSR 
Site. However, institutional controls are needed for OU No. 3 before 
the rest of the RSR Site can be deleted from the NPL. Plans are to have 
the institutional controls in place and to delete the other operable 
units and areas of the RSR Site in 2008.

[[Page 46173]]

Site Location

    The RSR Site is located in west Dallas, Texas and encompasses an 
area approximately 13.6 square miles in size. The RSR Site is very 
diverse and includes large single and multi-family residential 
neighborhoods, multi-family public housing areas and some industrial, 
commercial and retail establishments. The population in this area is 
more than 17,000. The RSR site consists of five operable units (OUs);
     OU No. 1--Residential Properties.
     OU No. 2--Dallas Housing Authority Property.
     OU No. 3--Landfills/Slag Piles.
     OU No. 4--Smelter Facility.
     OU No. 5--Battery Breaking Facility/Other Industrial 
Property.

Site History

    For approximately 50 years from the 1930s to 1984, a secondary lead 
smelting facility (OU No. 4), located at the southeast corner of the 
intersection of Westmoreland Road and Singleton Boulevard, processed 
used batteries and other lead-bearing materials into pure lead, lead 
alloys, and other lead products. The basic inputs into the smelting 
process were lead scrap and lead from used car batteries. In the first 
step of the smelting process the batteries were disassembled at the 
battery wrecking facility (OU No. 5) using hammer-mills to break the 
batteries into small pieces (e.g., battery chips). The lead posts and 
grids were then sent across the street to the smelter facility (OU No. 
4) to produce soft pure lead or specialty alloys. In the refining 
process alloy elements, such as antimony, arsenic, and cadmium, were 
added as necessary to produce the desired product. Slag was generated 
as part of the smelting process and is made up of oxidized impurities 
and molten lead. Slag that was not reprocessed in the smelter furnace 
and battery chips that were not reprocessed, were considered waste 
material.
    Historical information indicates that from approximately 1934 until 
1971 the lead smelting facility and associated battery wrecking 
operations were operated by Murph Metals, Inc. or its predecessors. In 
1971, RSR Corporation acquired the lead smelting operation and operated 
under the name Murph Metals. RSR continued to operate the smelter and 
associated battery wrecking operations until the acquisition of the 
facility by Murmur Corporation (Murmur). In 1984, the City of Dallas 
declined to renew the smelter's operating permit. The smelter and 
associated battery wrecking facility have not been operated since 1984.
    During 1984 and 1985, the Texas Commission on Environmental Quality 
(TCEQ) [formerly the Texas Natural Resource Conservation Commission 
(TNRCC)] conducted inspections on the smelter and battery wrecking 
facilities and identified several violations that involved the 
treatment, storage or disposal of hazardous wastes. In 1986, TNRCC 
approved a closure plan to be implemented by Murmur for portions of the 
battery wrecking facility located at OU No. 5. However, Murmur was 
unable to obtain certification by TNRCC of final closure, due to a 
dispute between Murmur and its contractor. In June of 1991 the State of 
Texas referred the case regarding the closure to the Superfund program 
for assessment. Immediately following this referral, TNRCC began 
receiving complaints from residents alleging that slag and battery 
chips had been disposed of on their properties.
    In 1991, the EPA began soil sampling in west Dallas to determine 
the presence of soil lead contamination. The results indicated that 
contamination existed in some residential areas near the smelter (OU 
No. 1) where fallout of contamination from the smelter stack had 
occurred and where battery chips or slag was used as fill in 
residential yards and driveways. As a result, the EPA initiated an 
emergency removal action in the residential areas consisting of removal 
and off-site disposal of contaminated soil and debris in excess of 
removal action cleanup levels. This removal action in the residential 
area (OU No. 1) was completed in June of 1994.
    On May 10, 1993, the EPA proposed the RSR Site to the National 
Priorities List (NPL) of Superfund sites (58 FR 27507). On September 
29, 1995, the EPA finalized listing of the RSR Corporation Superfund 
Site on the NPL (60 FR 50435).

Remedial Investigation and Feasibility Study (RI/FS)

OU No. 4
    A comprehensive remedial investigation was conducted at the former 
smelter facility from March through June 1994. Results of the 
investigation indicated the following:
     Site building, structures, and equipment were in various 
stages of deterioration. The process building, structures and equipment 
were found to have very high concentration of lead, cadmium, and 
arsenic.
     Surface soil results indicated widespread distribution of 
site-related contaminants such as lead, arsenic, and cadmium at high 
concentrations.
     Subsurface soil contamination was identified at variable 
locations with no specific distribution of site contaminants.
     Ground water contamination was indicated in the shallow 
ground water at the site. However, subsequent pump tests, conducted 
during the remedial investigation for OU No. 5, indicated that the 
shallow ground water does not meet the criteria as a potential drinking 
water source. The City of Dallas provides drinking water to the west 
Dallas community.
     Drums, waste piles, and debris and laboratory containers 
were identified during the remedial investigation. These materials were 
addressed under a non-time critical removal action conducted from May 
through July 1995.
OU No. 5, Subarea 1
     Deficiencies were observed at the Former Battery Wrecking 
Facility, including deteriorated concrete, and weakened column bases 
and roof beams. The former Vehicle Maintenance Building was considered 
to be structurally sound. Dust on the building surfaces was found to 
have elevated concentrations of lead, cadmium, and arsenic.
     The former Surface Impoundment was used to collect and 
neutralize wastewater and waste byproducts from the lead-acid battery 
crushing operations. Samples drilled through the impoundment indicated 
that contaminant concentrations decreased with depth. The maximum 
contaminant concentrations were encountered at the 5 to 6 foot 
interval.
     Field investigations for other site soils indicted the 
presence of high contaminants levels in surface and subsurface soils.

Record of Decision

OU No. 4
    The major components of the selected remedy for OU No. 4 included:
     Demolition of site building and off-site disposal;
     Demolition of the smelter stack and off-site disposal;
     Excavation of the concrete foundations and contaminated 
soil and off-site disposal;
     Cap and/or backfill the aerial extent of the site with two 
(2) feet of clean soil.
OU No. 5, Subarea 1
    The major components of the selected remedy for Subarea 1 of OU No. 
5 included:
     Decontamination of the former battery wrecking building 
and the vehicle maintenance building;

[[Page 46174]]

     Demolition of the former battery wrecking building and 
off-site disposal of debris;
     Evaluate existing cap on the former surface impoundment, 
upgrade or replace as necessary, in order to complete RCRA closure;
     Cap the Slag Burial Area/other Soils Areas that exceed 
Remedial Action Goals with two (2) feet of clean backfill and re-
vegetate with native grasses;
     No action is recommended for the shallow ground water. The 
shallow ground water beneath OUs Nos. 4 and 5 is not considered to be a 
potential drinking water supply.

Response Actions

OU No. 4 and OU No. 5 Removal Action
    Three areas of immediate concern were identified at OUs 4 and 5 
during the field investigation conducted in May 1994. The areas of 
concern included the presence of 500 waste drums, 73 uncontrolled 
residual waste/debris piles and approximately 50 laboratory containers. 
EPA Region 6 conducted a Non-Time Critical Removal Action from May 30, 
1995 through July 14, 1995.
Remedial Action OU No. 4
    The remedial action for OU No. 4 started on September 26, 2000 and 
the final field inspection conducted on November 6, 2001. Remedial 
Action activities for OU No. 4 included:
     Demolition of the smelter facility, bag house building, 
250-foot smelter stack, batch house, hog storage building, former cafe 
building, office/laboratory complex, cafeteria (lunch room) building, 
filter building, bath house, vehicle maintenance building, former gas 
station, and miscellaneous structures.
     A total of 1,088 tons of steel from demolition activities 
were recycled.
     Approximately 11,000 cubic yards of contaminated soil was 
treated in-situ and disposed of at off-site permitted facilities.
     Approximately 915 cubic yards of debris were treated and 
disposed at an off-site facility.
     A total of 2,137 cubic yards of construction debris were 
also treated and disposed of at an off-site permitted facility.
     A total of 910 cubic yards of concrete materials were sent 
off-site for recycling.
     The site was backfilled with imported clay fill materials 
and topsoil to a maximum depth of two (2) feet.
     Seven (7) monitoring wells were closed.
Remedial Action OU No. 5, Subarea 1
    The Remedial Action activities for Subarea 1 of OU No. 5 began on 
January 19, 2004, and the final field inspection was conducted on 
August 3, 2004. Remedial Action activities included:
     Decontamination of site buildings followed by demolition 
of the Battery Wrecking Building.
     Approximately 245 tons of steel and metal and 923 tons of 
concrete were recycled at off-site facilities.
     Excess building debris was disposed of at an off-site 
permitted landfill.
     Contaminated soils and slag materials from throughout the 
site were consolidated in the Buried Slag Area and capped with a total 
of two (2) feet of soil material.
     The former Surface Impoundment was cleared of vegetation, 
re-graded, sloped, and soil added where needed to upgrade the soil cap.
     Two (2) underground storage tanks encountered during the 
remedial action activities were removed and disposed of at off-site 
permitted facilities.

Operation and Maintenance (O&M)

    The purpose of the O&M activities is to monitor the implemented 
remedy and insure that the remedy remains protective of human health 
and the environment. The Operation and Maintenance Plan for Subarea 1 
of OU No. 5 was approved by EPA on September 27, 2004. The O&M Plan 
includes site inspections for the former surface impoundment area, the 
soil cover for the slag consolidated area, and ground water monitoring 
of the former surface impoundment. The EPA will implement the O&M Plan 
with PRP funding.

Institutional Controls

    The owner for OU No. 4 and Subarea 1 of OU No. 5 recorded 
institutional controls in Dallas County on March 29, 2006. The recorded 
restrictive covenant for OU No. 4 states that: ``Invasive digging, 
unsafe site development or drilling that would disturb the capped areas 
in place on the land, or any deterioration or damaging of any element 
of the selected remedy or ROD is prohibited, unless approved by EPA in 
writing.'' The recorded restrictive covenant for Subarea 1 of OU No. 5 
states that: ``Invasive digging, unsafe site development or drilling 
that would disturb the capped areas in place or shallow groundwater use 
on the land, or any deterioration or damaging of any element of the 
selected remedy or ROD is prohibited, unless approved by EPA in 
writing.''

Five-Year Review

    Consistent with Section 121(c) of CERCLA and requirements of the 
OSWER Directive 9355.7-03B-P (``Comprehensive Five-Year Review 
Guidance'', June 2001), a five-year review is required at the RSR Site. 
The Directive requires the EPA to conduct statutory five-year reviews 
at sites where, upon attainment of ROD cleanup levels, hazardous 
substances remaining within restricted areas onsite do not allow 
unlimited use of the entire site.
    Since hazardous substances remain onsite, the RSR Site is subject 
to five-year reviews to ensure the continued protectiveness of the 
remedy. Based on the five-year results, the EPA will determine whether 
human health and the environment continue to be adequately protected by 
the implemented remedy. The first Five-Year Review was completed on 
September 29, 2005. The reviews found that the 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 partial deletion docket which the EPA 
relied on for recommendation for the partial deletion from the NPL are 
available to the public in the information repositories.

V. Partial Deletion Action

    The EPA, with concurrence of the State of Texas, 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, the EPA is deleting OU No. 
4 and Subarea 1 of OU No. 5 from the NPL.
    Because the EPA considers this action to be noncontroversial and 
routine for these operable units, the EPA is taking it without prior 
publication. This action will be effective October 16, 2007 unless the 
EPA receives adverse comments by September 17, 2007. If adverse 
comments are received within the 30-day public comment period, the EPA 
will publish a timely withdrawal of this direct final notice for 
partial deletion before the effective date of the partial deletion and 
it will not take effect. The EPA will prepare a response to comments 
and continue with the partial deletion process on the basis of the 
notice of intent for partial deletion and the comments already 
received. There will be no additional opportunity to comment.

[[Page 46175]]

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: August 1, 2007.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to Part 300 is amended by amending the 
Superfund site entry for the ``RSR Corp, Dallas, TX'' by adding a note 
``P''.
[FR Doc. E7-16062 Filed 8-16-07; 8:45 am]
BILLING CODE 6560-50-P