[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Rules and Regulations]
[Pages 47586-47591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19270]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9915-24-Region 6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Direct Deletion of the Monroe Auto Equipment 
(Paragould Pit) Superfund Site

AGENCY: Environmental Protection Agency.

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 Monroe Auto 
(Paragould Pit) Superfund Site located in Paragould, Greene County, 
Arkansas, 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 Arkansas, through the 
Arkansas Department of Environmental Quality (ADEQ), 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 October 14, 2014 unless 
EPA receives adverse comments by September 15, 2014. 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 internet on-line 
instructions for submitting comments.
     Email: Brian W. Mueller, [email protected].
     Fax: 214-665-6660.
     Mail: Brian W. Mueller; U.S. Environmental Protection 
Agency, Region 6; Superfund Division (6SF-RL); 1445 Ross Avenue, Suite 
1200; Dallas, Texas 75202-7167.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733; 
Contact: Brian W. Mueller (214) 665-7167. 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-
1990-0011. 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 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 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:

U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 
700; Dallas, Texas 75202-2733; hours of operation: Monday through 
Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Contact: 
Brian W. Mueller (214) 665-7167.

[[Page 47587]]

Arkansas Department of Environmental Quality, 5301 Northshore Drive, 
North Little Rock, Arkansas 72118; Hours of Operation: Monday through 
Friday 8:00 a.m. until 4:30 p.m.
Northeast Arkansas Regional Library, located at 120 North 12th Street, 
Paragould, Arkansas 72450; Hours of operation: Monday through Thursday 
day 8:00 a.m. until 6:00 p.m., Friday 8:00 a.m. until 4:00 p.m., and 
Saturday 8:00 a.m. until 1:00 p.m.

FOR FURTHER INFORMATION CONTACT: Brian W. Mueller, Remedial Project 
Manager; U.S. Environmental Protection Agency, Region 6; Superfund 
Division (6SF-RL); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733, (214) 665-7167; email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. 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 Monroe Auto Pit. 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 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 Sec.  300.425(e)(3) of the NCP, sites deleted from the 
NPL remains eligible for Fund-financed remedial action if future 
conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective October 14, 2014 unless EPA 
receives adverse comments by September 15, 2014. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent for 
Deletion in the ``Proposed Rules'' section of this 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 for Deletion 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 Monroe Auto Pit 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 State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed 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.

III. Deletion Procedures

    The following procedures apply to the deletion of the Site:
    (1) EPA has consulted with the state of Arkansas prior to 
developing this direct final Notice of Deletion and the Notice of 
Intent for Deletion co-published in the ``Proposed Rules'' section of 
this 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 Arkansas Department of 
Environmental Quality, has concurred on this 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 for Deletion is being published in a major local newspaper, the 
Paragould Daily Press. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent for Deletion of the Site 
from the NPL.
    (4) The EPA placed copies of documents supporting the 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 for 
Deletion 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 further 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 Monroe Auto Equipment (Paragould Pit) Superfund Site (CERCLIS 
ID ARD980864110) is located in northeastern Arkansas in an 
unincorporated portion of Greene County, approximately three miles 
southwest of Paragould, Arkansas. The site lies immediately west of 
Arkansas Highway 358, approximately three miles west of its 
intersection with U.S. Highway 49. The site lies in the Northwest 
Quarter of the Northeast Quarter of Section 17, Township 16 North, 
Range 5 East, in the Paragould West 7.5-minute quadrangle. The 
southwestern corner of the site is at latitude 36[deg]01'0'' and 
longitude 90[deg]34'30''. The site occupies seven (7) acres of a former 
sand and gravel borrow pit. The area is rural and lightly populated 
with private residences located immediately south, north, and northeast 
of the site.
    Monroe Auto Equipment Company (now Tenneco Automotive, Inc.) 
purchased the described property for disposal of alum and lime 
electroplating sludge that originated from settling ponds used for the 
treatment of wastewater from Monroe Auto

[[Page 47588]]

Equipment's Paragould manufacturing plant. The waste material was 
placed on the site from 1973 to 1978, resulting in over 10,000 cubic 
yards (CY) of sludge at the site in the sand and gravel pit. In July 
1987, the EPA conducted a Site Assessment inspection to assess the 
potential for public exposure to contaminants being released from the 
site. Principal pollutants in groundwater identified by the EPA 
included solvents and degreasing agents such as 1,1-Dichloroethane 
(1,1-DCA), 1,2-Dichloroethene (1,2-DCE), Xylenes, and metals. As an 
interim action, Tenneco initiated sampling of private residential wells 
located within one-half mile of the site beginning in July 1987. The 
EPA proposed that the Site be added to the National Priorities List 
(NPL) on October 26, 1989 and was finalized to the NPL on August 30, 
1990. On-site monitoring wells and a private drinking water well 300 
feet southeast (down-gradient) of the pit are contaminated with 1,1-
dichloroethane and 1,2-dichloroethylene, according to tests conducted 
in 1987-88 by the Arkansas Department of Health and a Monroe 
consultant. The consultant also found arsenic, nickel, and lead in the 
monitoring wells. An estimated 2,100 people obtain drinking water from 
private wells within 3 miles of the site.

Remedial Investigation and Feasibility Study

    A Potentially Responsible Party (PRP) search conducted in 1990 
under CERCLA Section 104 (e) 42 U.S.C. 9604(e), indicated that Monroe 
Auto Equipment was the only PRP for the site. On March 14, 1991, the 
EPA issued notice of an impending Remedial Investigation and 
Feasibility Study (RI/FS) to the PRP. Monroe Auto Equipment, now 
Tenneco, responded to the notice with a good faith offer to perform the 
RI/FS. On June 28, 1991, Monroe Auto Equipment Company entered into an 
Administrative Order on Consent with the EPA to conduct a RI/FS under 
CERCLA. The RI was completed in August 1993, and the FS was completed 
in April 1995. The RI/FS identified the types, quantities, and 
locations of contaminants found at the Site and developed ways to 
address the contamination. A Human Health Risk Assessment and an 
Ecological Risk Assessment were performed to determine the current and 
future effects of contaminants on human health and the environment.

Remedy Components

    Remedial Action Objectives (RAOs) were developed for Site to 
address the contaminated soils and ground water. The remedy is 
comprised of the following major components as stipulated in the 
Remedial Action Workplan:
     Excavate, segregate and stage sludge, stained soils, and 
overburden (clean soil) and unstained soils;
     Stockpile overburden and unstained soils for use as 
backfill;
     Stabilize sludge material with 5 to 10 percent lime 
addition;
     Analyze stained soil and solidified sludge;
     Transport and dispose of stained soil that exhibits 
concentrations of constituents of concern (COC) below toxicity 
characteristic leaching procedure (TCLP) levels and EPA Region VI 
Medium Specific Health Based Screening Levels in a Subtitle D landfill;
     Stockpile stabilized sludge in an on-site lined 
containment cell;
     Apply for de-listing of stabilized sludge;
     Verify removal of impacted materials from the sludge pit 
through analytical testing of the bottom and sides of the excavation 
area;
     Restore the site by backfilling, grading and seeding;
     Transport and dispose of stabilized sludge in accordance 
with the results of the de-listing petition; and
     Conduct groundwater monitoring to ensure the effectiveness 
of the RA.
    In order to achieve these RAOs, numerical risk-based cleanup levels 
were established for each environmental medium based on the residential 
scenario.
Soil/Sludge
     Prevent exposure to current and future human and 
ecological receptors through ingestion, dermal contact, and inhalation 
of contaminated soil/sludge containing trichloroethylene, vinyl 
chloride, antimony, arsenic, beryllium, chromium VI, and lead.
Groundwater
     Prevent exposure to current and future human and 
ecological receptors through ingestion, dermal contact, and inhalation 
of contaminated groundwater containing cis-1,2-Dichloroethylene, trans-
1,2-Dichloroethylene, bis(2-Ethylhexyl)phthalate, beryllium, chromium, 
lead, manganese.
    In order to achieve these RAOs, numerical risk-based cleanup levels 
were established for each environmental medium based on the residential 
scenario.

Selected Remedy

    A proposed plan for the Site was issued on July 17, 1995, 
presenting the preferred alternative of capping the sludge disposal 
area, installing a groundwater interception system (french drain), and 
addressing the groundwater contamination through natural attenuation, 
degradation and monitoring. On September 26, 1996, the Record of 
Decision (ROD) was issued and signed for the Site.

Remedy Modification

    In February 1998, the ADPC&E (current ADEQ) signed a Consent 
Administrative Order directing Tenneco to conduct the Remedial Design/
Remedial Action (RD/RA) under ADPC&E oversight presenting the preferred 
alternative of excavation and offsite disposal for the waste, 
contaminated soil, and contaminated sediment at the Site.
    In 1999, Tenneco submitted a petition to modify the ROD to change 
the method of contaminated soil remediation from containment of the 
contaminated soil and sludge, to excavation and treatment as required 
by the Resource Conservation and Recovery Act for removal and disposal 
of contaminated soil and sludge in an off-site permitted secure 
Subtitle D disposal facility. The amended ROD was signed by the ADEQ on 
September 15, 2000, and by the EPA on November 9, 2000. The amendment 
to the ROD did not alter the Remedial Action Objectives established by 
the 1996 ROD, or the Applicable or Relevant and Appropriate 
Requirements listed in the 1996 ROD. The revised soil remedy did not 
alter the previous requirement of monitored natural attenuation of 
constituents in the groundwater. The new remedy was consistent with the 
statements and expressed wishes regarding remediation activities from 
nearby residents. By treatment and removal of the waste from the site, 
the site is available for future development. The amended soil or 
source remedy included: Excavation of sludge and stained soils; 
verifying removal of impacted materials from the sludge disposal area; 
transporting and disposing of stained soil in a Subtitle D landfill; 
solidifying and stabilizing sludge material; stockpiling stabilized 
sludge; applying for de-listing of stabilized sludge and transporting 
and disposing of stabilized sludge in accordance with the results of 
the delisting petition.
    The final remedy is detailed in the Remedial Design Submittal 
Quality Assurance Project Plan, Remedial Action Workplan, Remedial 
Design Submittal Sampling and Analysis Plan (SAP), and Remedial Design 
Submittal Health and Safety Plan. The final remedy represents the 
culmination of

[[Page 47589]]

activities that resulted from the preliminary site investigation 
completed in 1988, the RI/FS, the ROD and Amended ROD.

Response Actions

    Tenneco began on-site Remedial Action construction in September 
1999. The soil remedial action consisted of the excavation and 
segregation of 14,633 cubic yards of soil and started in September 
1999. Based on field calculations, a total of 3,348 cubic yards of 
overburden (clean fill material), 8,553 cubic yards of stained soil and 
2,732 yards of sludge (prior to stabilization and consolidation) were 
removed during the excavation activities.
    The overburden was removed, stockpiled, sampled and confirmed to 
meet the RA goals for soil and used as backfill. In accordance with the 
SAP, one grab sample was collected for every 2,000 cubic yards of 
overburden, unstained soil or clean backfill. A total of 8,160 cubic 
yards of additional soil was imported for use as backfill, yielding a 
total of 11,508 yards of backfill used to replace the stained soil and 
sludge removed from the site. The site was recontoured to provide 
better drainage, enabling use of a smaller amount of soil required for 
backfill (11,508 cubic yards backfilled as compared to 14,633 cubic 
yards removed). A total of seven samples were collected from the 
overburden and imported backfill and confirmed the backfill material 
met the soil remedial clean-up requirements for the Site.
    The 8,553 cubic yards of stained soil was stockpiled, sampled to 
confirm disposal in accordance with ADEQ requirements and disposed in 
two Subtitle D Landfills upon confirmation of soil constituent levels. 
In accordance with the SAP, at a minimum, one grab sample was collected 
for every 500 cubic yards of stained soil. A total of 26 samples were 
collected from the stained soil to confirm this material met the 
disposal requirements for the permitted landfill. The weigh tickets 
from the Subtitle D Landfills confirm the disposal of the 8,553 cubic 
yards or 14,599 tons (1.7 tons/cubic yard) of stained soil as part of 
the Soil RA. A total of 11,621 tons of stained soil was transported and 
disposed at the Butler County Landfill in Poplar Bluff, Missouri and 
2,978 tons of stained soil were transported and disposed at the Waste 
Management--Two Pines Landfill in North Little Rock, Arkansas.
    The 2,732 cubic yards of sludge removed was stabilized with 
approximately 241 tons of quicklime and stockpiled in an on-site lined 
containment cell. In accordance with the SAP, at a minimum, one grab 
sample was collected for every 500 cubic yards of stabilized sludge. A 
total of seven samples were collected from the stabilized sludge to 
provide the basis for preparation of a petition for de-listing of this 
material. The 2,723 cubic yards of sludge removed was based on field 
measurements prior to stabilization. Surveying of this material after 
stabilization and consolidation over several months after placement in 
the containment cell yielded a volume of 1,798 cubic yards. A De-
listing Petition (Petition) was prepared by the PRP in August 2000. The 
Petition was approved by EPA and subsequently by the ADEQ in an August 
27, 2001 letter entitled Exclusion of F006 Waste at the Tenneco/Monroe 
Facility from the Definition of Hazardous Waste. Upon approval of the 
Petition, the 1,798 cubic yards or 3,243 tons (1.8 tons/cubic yard) of 
stabilized sludge was transported and disposed of at the Waste 
Management--Two Pines Landfill in North Little Rock, Arkansas. The 
bottom and sidewalls of the sludge pit excavation were extended until 
the visually impacted material had been removed. Prior to the 
collection of verification samples, an additional 1-foot of material 
was removed and disposed as stained soil. In accordance with the SAP, a 
verification soil sample was collected for every 500 square feet of 
sidewall or floor. A total of 81 verification samples were collected 
which confirmed that the excavation activities met the RA Goals for 
Soil at the site. In accordance with oral field instructions by the EPA 
Remedial Project Manager (RPM), and later included in the amendment to 
the ROD, the PRP excavated all of the stained soil and sludge until 
levels were at or below the RA Goals for Soil at the site. The stained 
soil that had concentrations of the COCs below the TCLP levels and the 
EPA Region 6's Medium Specific Health Based Screening Levels was 
excavated and disposed in a Subtitle D Landfill. The final shipment of 
stained soil was on December 16, 1999. The contractor also stabilized 
all of the contaminated soil and sludge which exhibited contaminant 
levels above the TCLP levels. The final shipment of the stabilized 
material was on September 13, 2001. The final inspection was conducted 
on September 14, 2001, and the Preliminary Close Out Report was signed 
on September 19, 2001.

Groundwater Remedial Implementation History

    Natural attenuation and monitoring was the remedy selected in the 
ROD to address the groundwater contamination on and offsite. The ROD 
amendment did not change the groundwater remedy. The ROD required the 
PRP to develop and implement a Groundwater Monitoring Plan (GMP) and 
beginning in September 2001, semiannual monitoring of eighteen (18) 
wells began. The PRP conducted groundwater monitoring events through 
March 2009. The PRP has discontinued monitoring groundwater at the 
Site.
    The Groundwater Remedy portion of the September 26, 1996 ROD and 
the 2000 ROD Amendment included conducting long-term groundwater 
monitoring of wells at the Site and local private wells located in the 
vicinity of the Site. As part of the Groundwater Remedy, a Groundwater 
Monitoring Plan (GMP) was prepared for the Site. The GMP specified 
procedures to be followed for long-term groundwater monitoring to 
ensure compliance with the requirements of the ROD and the ROD 
Amendment. Tenneco initiated GMP activities in September 2001. The GMP 
also specified quality assurance and quality control (QA/QC) protocols 
for ground water sampling. The EPA Remedial Project Manager and State 
regulators visited the site during ground water monitoring activities 
to observe ground water sampling. ADEQ also took independent samples to 
that confirmed the results of the samples taken by the PRP. No 
deviations or non-adherence to QA/QC protocols, or specifications were 
identified.
    Based on analysis of semi-annual groundwater sampling results since 
March 2001, a request was made and approved to reduce the number of 
groundwater monitoring wells and COCs included in the Site GMP. The 
requested revised GMP focused only on volatile organic chemicals (VOCs) 
at six select groundwater monitoring well locations. A request to 
remove the requirements for sampling of the private wells was submitted 
to EPA and ADEQ on March 31, 2002. The request was approved following 
submittal of the Private Well Report in 2004. The Private Well Report 
provided a summary of available information for each of the twenty-nine 
(29) wells and presented a comparative analysis of the analytical 
results from over ten (10) years of sampling the private wells relative 
to the maximum contaminant levels (MCLs). Based on the findings 
presented in the report, no VOCs were detected in any of the private 
wells above the MCLs over the past ten (10) years. Select inorganics, 
primarily lead, were detected at varying concentrations, periodically 
exceeding the respective MCL in select samples collected prior to 1996. 
These detections of lead however were within background concentration

[[Page 47590]]

levels for the surrounding area and not believed to have resulted from 
contamination at the site. Based on the data review presented in the 
Private Well Report, none of the private wells located within one-half 
mile of the site have been impacted by contamination from the site.
    The results of the semi-annual/annual sampling events are presented 
in respective Semi-Annual/Annual Sampling Reports. Based on the most 
recent groundwater sampling results from the site groundwater 
monitoring wells, presented in the March 2009 Comprehensive Summary 
Report Annual Groundwater Sampling Event for the Monroe Superfund Site, 
the concentrations of VOCs continue to remain below the remedial goals 
for the Site in all of the groundwater monitoring wells sampled with 
the approved groundwater monitoring program. The concentrations in all 
of the Site groundwater monitoring wells have continued to exhibit 
concentrations of VOCs below the remedial goals established in the ROD 
over the past eight semi-annual and two annual sampling events. The 
results of the groundwater monitoring since July 2003 confirm the 
effectiveness of the completed soil remedy and demonstrates site RA 
goals for groundwater are maintained through natural degradation and 
attenuation.

Demonstration That Remedial Activities Met Cleanup Criteria for Soils/
Sludges

    The soil/sludge remedial action at the Site consisted of the 
sampling, excavation, solidification, and proper disposal of 
contaminated soils/sludges. The EPA and ADEQ reviewed the remedial 
action report and the construction work for compliance with quality 
assurance and quality control (QA/QC) protocols. Construction 
activities at the Site were determined to be consistent with the ROD 
and ROD Amendment and adhered to the approved quality assurance plan 
which incorporated all EPA and State requirements. Confirmatory 
inspections, independent testing, audits, and evaluations of materials 
and workmanship were performed in accordance with the technical 
specifications and plans. The EPA Remedial Project Manager and State 
regulators visited the site during construction activities to review 
construction progress and evaluate and review the results of QA/QC 
activities. No deviations or non-adherence to QA/QC protocols, or 
specifications were identified.
    The Remedial Design contained provisions for performing sampling 
during all remedial activities in order to verify that remedial 
objectives were met, to ensure quality control and assurance for all 
excavation and construction activity, and to ensure protection and 
safety of the public, the environment, and the onsite worker. Sampling 
was conducted in accordance with the Site Field Sampling Plan and all 
analytical results are below the established cleanup levels for a 
residential reuse scenario. In addition, all backfill confirmation 
sample results met the established cleanup levels for a residential 
reuse scenario. All analytical data was independently validated, and 
the EPA and the State determined that analytical results were accurate 
to the degree needed to assure satisfactory execution of the RA.

Operation and Maintenance

    The ROD specified monitored natural attenuation as the remedy for 
ground water remediation based on implementation of a containment 
onsite of contaminated soils. The soil remedy was modified in the ROD 
Amendment to include removal of stained soil and sludge from the site 
to below the Site RA Goals for Soil. The results of groundwater 
monitoring since removal of the stained soil and sludge demonstrate 
that the natural attenuation remedy was effective and that the remedial 
goals for the groundwater as stated in the ROD have been achieved. 
Groundwater monitoring at the Site was discontinued after the Second 
Five Year Review in 2009. The monitoring wells were properly plugged 
and abandoned in 2010. There are no operation and maintenance 
activities required at the Site.

Institutional Controls

    The ROD required that restrictions on the use of ground water be 
placed on the Site. A deed notice/covenant identifying restrictions on 
the Site was filed by the PRP with the Greene County Clerk in November 
2003. The covenant prohibited the installation of any private, 
commercial, industrial or other water well or other device for the 
removal or extraction of subsurface water. The only ground water 
allowed to be extracted from beneath the property is for the purpose or 
purposes associated with environmental sampling and testing of the 
property. The RA goals for the groundwater have been met and the 
monitor wells have been removed. No restrictions on the use or sale of 
the property are necessary and the existing restrictions may be removed 
by the PRP.

Five-Year Review

    Five-Year Reviews were statutorily required because hazardous 
substances, pollutants, or contaminants remained at the Site above 
levels that allow for unlimited use and unrestricted exposure. There 
have been two five-year reviews conducted at the Site, with the last 
one in 2009. The United States Environmental Protection Agency (EPA) 
Region 6 and the ADEQ conducted the second five-year review for the 
response action implemented at the Monroe Auto Pit Superfund Site. Also 
participating in the five-year inspection were representatives of 
Tenneco.
    The 2009 Five Year Review found that all hazardous substances in 
the groundwater had naturally attenuated at the Site below clean up 
levels. The remedial action of natural attenuation for the groundwater 
is completed and no hazardous substances, pollutants or contaminants 
remain above levels that could prevent unlimited use and unrestricted 
exposure. Per the 2009 Five Year Review, unlimited use and unrestricted 
exposure has been achieved: therefore, additional Five Year Reviews 
will not be required for the Site after its deletion from the NPL.

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. Throughout the Site's history, the community has been 
interested and involved with Site activity. The EPA has kept the 
community and other interested parties updated on Site activities 
through informational meetings, fact sheets, and public meetings. 
Documents in the deletion docket which the EPA relied on for 
recommendation for the deletion from the NPL are available to the 
public in the information repositories, and a notice of availability of 
the Notice of Intent for Deletion has been published in the Paragould 
Daily Press to satisfy public participation procedures required by 40 
CFR 300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    The implemented remedy achieves the degree of cleanup specified in 
the ROD and ROD Amendment for all pathways of exposure. All selected 
remedial action objectives and clean-up goals are consistent with 
agency policy and guidance. No further Superfund responses are needed 
to protect human health and the environment at the Site.
    In accordance with 40 CFR 300.425(e), sites may be deleted from

[[Page 47591]]

the NPL where no further response is appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of Arkansas, through the 
ADEQ, 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 October 14, 2014 unless EPA receives adverse comments by 
September 15, 2014. 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.

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: August 6, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    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. 
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; 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 1 of Appendix B to Part 300 is amended by removing the entry 
``AR'', ``Monroe Auto Equipment (Paragould Pit),'' ''Paragould.''

[FR Doc. 2014-19270 Filed 8-13-14; 8:45 am]
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