[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48809-48813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19481]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010; FRL 9846-2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Mosley Road Sanitary Landfill 
(MRSL) Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final Notice of Deletion of the MRSL Superfund Site 
(Site), located in Oklahoma City, Oklahoma County, Oklahoma, 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 an appendix of 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 Oklahoma, through the Oklahoma Department 
of Environmental Quality (ODEQ), because EPA has determined that all 
appropriate response actions under CERCLA have been completed. However, 
this deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 26, 2013 
unless EPA receives adverse comments by September 11, 2013. 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-1990-0010, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: Michael Torres, Remedial Project Manager: 
[email protected].
     Fax: Michael Torres; Remedial Project Manger (RPM): 214-
665-6660.
     Mail: Michael Torres, RPM, US-EPA Region 6, Mail Code 6SF-
RL, 1445 Ross Avenue, Dallas, Texas 75202.
     Hand Delivery: Michael Torres, RPM, US-EPA Region 6, 1445 
Ross Avenue, 7th floor, Dallas, Texas 75202.

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-SFUND-
1990-0010. 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 email. 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:
    ODEQ Central Records, 405-702-1188, 707 N. Robinson, Oklahoma City, 
OK 73102, office hours: 8:00 to 4:30 Monday through Friday.
    Ralph Ellison Library, 405-424-1437, 2000 NE. 23rd Street, Oklahoma 
City, OK 73111, hours: 9:00 a.m. to 8:00 p.m. Monday through Thursday, 
9:00 a.m. to 6:00 p.m. Friday, and 9:00 a.m. to 5:00 p.m. Saturday.

FOR FURTHER INFORMATION CONTACT: Michael Torres, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 6, 6SF-RL, 1445 
Ross Avenue, Dallas, Texas 75202, 214-665-2108, [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 6 is publishing this direct final Notice of Deletion of 
the MRSL Superfund Site (Site), from the National Priorities List 
(NPL). The NPL constitutes Appendix B of 40 CFR part 300, which is the 
Oil and Hazardous

[[Page 48810]]

Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA 
maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). As described in 300.425(e)(3) of 
the NCP, sites deleted from the NPL remain eligible for Fund-financed 
remedial actions if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 26, 2013 unless EPA 
receives adverse comments by September 11, 2013. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion, and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments already received. There will be no additional opportunity to 
comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the MRSL 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

    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. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the ODEQ, 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 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.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the state of Oklahoma prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the state, through the Oklahoma Department of 
Environmental Quality, has concurred on the 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 is being published in The Daily Oklahoman. 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 proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, 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 Background and History

    The closed Mosley Road Sanitary Landfill Superfund Site (MRSL or 
Site) is located at 3300 Mosley Road between NE 23rd and NE 36th Street 
in Oklahoma City, Oklahoma County, Oklahoma. The MRSL site consists of 
approximately 70 acres surrounded by predominantly undeveloped land 
between Oklahoma City and Midwest City, Oklahoma. The East Oak 
Recycling and Disposal Facility (East Oak), which is currently in 
operation, is located just to the west of the Site.
    Waste management of Oklahoma (WMO) is the current owner of the 
MRSL. The MRSL was originally owned by Floyd Swen, who operated the 
site under the name A-1 Sanitation Company from 1971 to 1975. From 1975 
through 1984, the landfill was owned and operated by Oklahoma City 
Disposal Inc. (OCD), which at the time was a subsidiary of SCA 
Services, Inc. Originally permitted by Oklahoma State Department of 
Health (OSDH) (now Oklahoma Department of Environmental Quality) as a 
sanitary landfill, OCD was authorized by OSDH to accept industrial 
hazardous wastes between February 20, 1976, and August 24, 1976, due to 
the temporary closure of the Royal Hardage Landfill in Criner, 
Oklahoma. During the six-month period, OCD reportedly accepted 
approximately 1.7 million gallons of predominantly liquid hazardous 
waste, which included industrial and plating sludge, caustics, acid 
solutions, oil emulsions, alkaline solutions, solvents, paint sludge, 
toxaphene, and trichloroethene. All of the hazardous waste was placed 
in three below-grade unlined pits (referred to as the waste pits) that 
are now buried beneath municipal waste. In 1984, WMO acquired the stock 
of SCA Services, which thus transferred the

[[Page 48811]]

ownership, operation, and maintenance of the MRSL site to WMO. The 
landfill reached its permitted capacity and was closed in November 
1987. A compacted clay cover was installed over the landfill in 1988 in 
accordance with existing regulations governing landfill closure.
    An EPA site assessment was conducted from November 1986 through 
November 1990. The Site was HRS scored by EPA on February 6, 1987. The 
MRSL was proposed to the NPL on June 24, 1988. On February 21, 1990, 
EPA added the MRSL to the NPL (55 FR 6154) and registered the site in 
the CERCLIS database as OKD980620868.
    There were no removal action activities at the site, however, EPA 
enforcement activities continued in efforts to address the site's 
contamination issues. WMO plans on optimizing reuse of the property by 
integrating the site development plan for the East Oak Recycling and 
Disposal Facility into the MRSL footprint. Integration of the active 
East Oak facility with the inactive MRSL site will increase solid waste 
disposal capacity for the region. WMO's planned expansion will not 
interfere or compromise the Site's remedy.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS identified primary constituents of concern (COCs) to be 
vinyl chloride (VC) in the Alluvium aquifer and benzene in the Garber-
Wellington aquifer. Arsenic and barium were determined to be secondary 
COCs because they represented less risk to human health and the 
environment. Arsenic and barium, both of which are naturally occurring 
metals, were included as COCs primarily because they were detected in 
concentrations greater than Applicable or Relevant and Appropriate 
Requirements (ARARs) in ground water at the time the risk assessment 
was conducted and not because they were identified as effective source 
area indicators. Investigation activities began in January 1990 and the 
FS was completed in August 1991. The RI and FS reports and the Proposed 
Plan for the MRSL were released by EPA to the public on April 8, 1992.

Selected Remedy

    The major components of the selected remedy in the 1992 ROD include 
the following: Enforcing institutional controls (ICs), such as land use 
restrictions, site access restrictions, posting of signs, fencing, and 
restrictions on the extraction and use of ground water from MRSL wells; 
restoring ground water as a potential source of drinking water through 
the process of natural attenuation; monitoring leachate migration via a 
ground water monitoring program and periodic sampling; implementing a 
landfill gas monitoring system (LGMS) to prevent explosion or 
inhalation hazards; and repairing and improving the existing cap, and 
adding a vegetative soil layer to reduce erosion and infiltration.
    The ROD identifies source control and migration management as 
remedial performance objectives. Source control focuses on preventing 
surface water from infiltrating the waste unit and impacting ground 
water, and migration management focuses on monitoring ground water to 
detect and control contaminant releases. Source control is both a 
short-term and long-term protectiveness measure. Once constructed, the 
clay cap provided immediate protection and when properly maintained 
will continue to provide protection for the long term. Source control 
is achieved via the following engineering controls, technology, and 
administrative controls: Prevent direct contact with and exposure to 
landfill contents through the use of the clay cap and institutional 
controls such as restrictions on future property use; restrictions on 
groundwater use, and restrictions and warnings in the property deed 
records; control surface runoff and resulting erosion through a 
continued landfill maintenance program of the clay cap, which will 
result in the reduction or elimination of leachate formation within the 
landfill and transport of contaminants into the ground water; prevent 
inhalation of and explosion of landfill gas by implementing a landfill 
gas monitoring program; and prevent human and animal exposure to and 
ingestion of contaminated ground water. This will be accomplished 
through long-term ground water monitoring, landfill maintenance, ICs 
and, if necessary, implementation of contingency measures.
    Ground water monitoring is a long-term protectiveness remedy 
component ensuring that the primary remedial measure (capping and 
landfill gas management systems) are functioning as designed. The 
ground water monitoring program included development of baseline values 
for each monitoring constituent, and comparison of new data to baseline 
or established ground water protection standards (GWPS) to identify 
potential contaminant releases. Contamination migration management is 
achieved by the following controls:
     Contain low-level ground water contamination within site 
boundaries. The ground water remediation goals were established for 
ROD-defined COCs only (i.e., benzene, vinyl chloride, barium, and 
arsenic).
     Prevent contamination of the Garber-Wellington aquifer 
above health-based risk levels by implementing a ground water 
monitoring program of alluvial and Garber-Wellington wells. The program 
includes contingencies for active remediation described in the ROD.
     Restore ground water to beneficial use.
     Prevent water infiltration through the landfill that could 
increase contaminant transport into ground water.

Response Actions

    A Unilateral Administrative Order (UAO) was issued by EPA and the 
Remedial Design (RD) commenced on January 28, 1994. The effective date 
of the UAO was February 14, 1994. An Order to Proceed was issued to WMO 
on March 3, 1994, to prepare the Remedial Design Work Plan and Ground 
water Monitoring Work Plan (GWMP). Deed restrictions were filed with 
the Oklahoma County Clerk on April 1, 1994, and Deed Notices were filed 
on May 12, 1994. In October 1994, WMO submitted the Landfill Gas 
Assessment Report for the MRSL site. The Remedial Design Work Plan 
Ground water Monitoring Work Plan, and the Health and Safety Plan for 
the RD were submitted to EPA by WMO in November 1994. On February 25, 
1995, Terracon Consultants completed the ground water monitoring well 
installation and soil boring program. On August 18, 1995, WMO completed 
the RD Work Plan.
    Phase I construction activities for the LGMS began on August 24, 
1995, and were completed in February 1996. The MRSL Construction 
Quality Assurance Plan for Phase I cap improvements was revised and 
approved in August 1995. The Final Cover Quality Assurance Testing 
Report was submitted to EPA on December 30, 2003. The Quality 
Assurance/Quality Control documents for Phase II construction 
activities of the site's gas system and final cap improvements were 
submitted to EPA on July 16, 2004.

Cleanup Goals

    EPA and ODEQ conducted a pre-final inspection of the Site on August 
3, 2004, which consisted of a walk-over survey including a description 
and schedule for correcting or addressing minor construction contract 
items by WMO and its contractors. These ``punch list'' items included 
inspection of: (1) The MRSL site's vegetative cover, (2) the drainage 
from the top of the landfill, (3)

[[Page 48812]]

indications of subsidence or minor erosion, (4) the gas collection 
system and wells, and (5) adequate plugging and abandonment of a barren 
well. EPA and ODEQ also reviewed QA/QC construction documents for the 
ground water monitoring system and well summaries during the pre-final 
inspection process to check the natural attenuation progression. 
Furthermore, a review of implemented ICs shows that the deed 
restrictions and notices have been successful in providing human health 
and environmental protection at the Site. On September 8, 2004, EPA 
issued the Preliminary Close Out Report, which documents that EPA 
completed all construction activities for the remedial action at the 
Site in accordance with Close Out Procedures for National Priorities 
List Sites (EPA OSWER Directive 9320.22 May 2011).

Operation and Maintenance

    A modified GWMP was developed by WMO for the MRSL to provide a 
transitional plan to ensure that the long-term protectiveness goals are 
achieved. The GWMP was approved by the ODEQ in April 2010 and endorsed 
by EPA in April 2011 to facilitate transition of the MRSL site to ODEQ 
under the East Oak Recycling and Disposal Facility solid waste permit 
(3555036). With the approval by both agencies, ground water 
monitoring will continue through the operating and post-closure care 
periods of the active East Oak Recycling and Disposal Facility using 
sampling programs and statistical evaluation methods to ensure the 
underlying Garber-Wellington Aquifer is not adversely impacted at 
concentrations greater than ARARs. The ground water monitoring data 
will be submitted for primacy review to ODEQ and included in five-year 
review reports. The MRSL Interim Operation and Maintenance Plan (OMP) 
was reorganized in a report dated April 2010. The OMP was subsequently 
approved by the ODEQ in a letter dated May 6, 2010. The OMP outlines 
protocols for maintenance inspection and monitoring of the cover, 
stormwater conveyance, and landfill gas system. As per ODEQ and EPA 
requests, the OMP now includes addition of a maintenance log reporting 
requirement to be housed at the active East Oak Recycling and Disposal 
Facility for review and inspection as needed.
    All administrative requirements have been implemented at the MRSL 
Superfund Site. A deed notice identifying restrictions was filed with 
the Oklahoma County Clerk, and recorded in Book 2202, pages 0068 
through 0070, on May 12, 1994. A Covenant was filed with the Oklahoma 
County Clerk and recorded in Book 6583, pages 1972 through 1974, on 
April 1, 1994. The deed restrictions include the following requirements 
and information: Land use restrictions; access restrictions, posting of 
signs, restrictions to groundwater use, remedial activities at the 
facility, hazardous substances at the site, and warning of activities 
that could result in exposure.

Five-Year Review

    Three five-year reviews have been conducted at the MRSL site, the 
first in 2000, the second in 2005, and the third completed in 2009. The 
implemented action taken at the Mosley Road Sanitary Landfill Superfund 
Site was found to be protective of human health and the environment in 
the short-term. However, a third five-year review addendum was 
performed and completed in July 2010. The Third Five-Year Review Report 
First Addendum for the Mosley Road Sanitary Landfill Superfund Site 
protectiveness determination follows: Because the deficiencies 
identified in the September 2009 five-year review have been adequately 
addressed by the Responsible Party, EPA has now determined that the 
remedy implemented to date at the Mosley Road Sanitary Landfill 
Superfund Site is protective of human health and the environment in the 
long term. Current monitoring data indicate that the remedy is 
functioning as required to achieve ground water cleanup goals through 
monitored natural attenuation and the LGMS. Because the actions 
currently implemented at the MRSL site prevent exposure to residual 
Site contamination, the remedy is considered protective of human health 
and the environment in the long-term and will remain so as long as the 
remedy is properly maintained. Restrictions to access, signage, 
restrictions to ground water use, remedial activities, declaration of 
hazardous substances at the Site, and warning of activities that could 
result in exposure are institutional controls that are permanently in 
place to limit use of the site. These institutional controls are 
considered protective of human health and the environment. The next 
Five Year Review will be performed in 2015 and every five years in 
perpetuity or until on-site wastes that do not allow unlimited use and 
unrestricted exposure are removed from the MRSL Superfund Site.

Community Involvement

    A public availability session was conducted by the EPA, ODEQ, and 
WMO in April 1992 to discuss with the community the proposed plan for 
the remedy. Public comments were received and addressed in the 
Responsive Summary portions of the June 1992 ROD. A public notice 
announcing initiation of the most recent or third five-year review was 
published in The Daily Oklahoman on June 27, 2009. EPA will accept 
public comments on the proposal to delete the Site for thirty (30) days 
after publication of this document in the Federal Register.

Determination That the Site Meets the Criteria for Deletion in the NCP

    WMO has implemented all appropriate response action required. EPA 
Region 6 issued a ROD which documented the remedial action activities, 
and all appropriate responses under CERCLA have been implemented as 
documented in the Final Close-Out Report dated May 15, 2013. A notice 
has been published in the local newspaper and has been distributed to 
appropriate Federal, State, and local officials and other interested 
parties announcing the commencement of a 30-day public comment period 
on EPA's Notice of Intent to Delete. All relevant documents have been 
made available for public review in the local Site information 
repository.
    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is appropriate. EPA, in 
consultation with the State of Oklahoma, has determined that all 
appropriate response action under CERCLA has been implemented, and no 
further action by the PRP is appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of Oklahoma through the 
ODEQ, has determined that all appropriate response actions under CERCLA 
have been completed. 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 26, 2013 unless EPA receives adverse comments by 
September 11, 2013. 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. 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.

[[Page 48813]]

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, 2013.
Samuel Coleman,
Acting Regional Administrator, EPA Region 6.

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



PART 300--[AMENDED]

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

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

Appendix B to Part 300 [Amended]

0
2. Table of Appendix B to part 300 is amended by removing ``Mosley Road 
Sanitary Landfill Superfund Site'', ``Oklahoma City''.

[FR Doc. 2013-19481 Filed 8-9-13; 8:45 am]
BILLING CODE 6560-50-P