[Federal Register: January 13, 2003 (Volume 68, Number 8)]
[Rules and Regulations]
[Page 1537-1540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja03-11]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7436-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Wildcat Landfill
Superfund Site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final notice of deletion of the Wildcat Landfill
Superfund Site (Site), located in Kent County, near Dover, Delaware,
from the National Priorities List (NPL). The NPL, promulgated
[[Page 1538]]
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA), is
Appendix B of 40 CFR part 300, which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). This direct final notice
of deletion is being published by EPA because EPA, with the concurrence
of the State of Delaware, through the Delaware Department of Natural
Resources and Environmental Control, has determined that responsible
parties or other persons have implemented all appropriate response
actions required under CERCLA and, therefore, no further response
action pursuant to CERCLA is appropriate.
DATES: This direct final deletion will be effective March 14, 2003
unless EPA receives adverse comments by February 12, 2003. 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: Comments may be mailed to: Mr. Hilary M. Thornton, Remedial
Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street,
Philadelphia, PA 19103-2029, (215) 814-3323.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information
repositories located at: U.S. EPA Region III, Regional Center for
Environmental Information (RCEI), 1650 Arch Street (2nd Floor),
Philadelphia, PA 19103-2029, (215) 814-5254, Monday through Friday, 8
a.m. to 5 p.m.; and in Delaware at the Delaware Department of Natural
Resources and Environmental Control, Site Investigation and Restoration
Branch, 391 Lukens Drive, New Castle, DE 19720, (302) 395-2600, Monday
through Friday, 8 a.m. to 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Hilary M. Thornton, Remedial
Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street,
Philadelphia, PA 19103-2029, (215) 814-3323 or 1-800-553-2509.
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 III is publishing this direct final notice of deletion
of the Wildcat Landfill Superfund Site from the NPL.
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 EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective March 14, 2003 unless
EPA receives adverse comments by February 12, 2003 on this notice or
the parallel notice of intent to delete published in the ``Proposed
Rules'' section of today's Federal Register. If adverse comments are
received within the 30-day public comment period on this notice or the
notice of intent to delete, 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 Wildcat Landfill 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
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 a release from the NPL, EPA, in consultation
with the State, shall consider 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 (Hazardous Substance Superfund)
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.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA Sec.
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 action remains
protective of public health and the environment. 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 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 Delaware on the deletion of the
Site from the NPL prior to developing this direct final notice of
deletion.
(2) The State of Delaware concurred with 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 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 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 to delete the Site from
the NPL.
(4) EPA placed copies of documents supporting the deletion in the
Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this notice or the companion notice of intent to
delete also published in today's Federal Register, 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.
[[Page 1539]]
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 Fund-financed remedial 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 Location and History
The Wildcat Landfill Superfund Site is a 44-acre landfill situated
on the west bank of the St. Jones River in Kent County, Delaware
approximately two and one-half miles southeast of the city of Dover.
The Site was operated as a permitted sanitary landfill between 1962 and
1973, accepting both municipal and industrial wastes. Industrial wastes
suspected to have been disposed of include latex waste and paint
sludges. Throughout its 11 years of operation the landfill routinely
violated operating and other permits issued by regulating agencies.
EPA conducted the initial Site Investigation in May 1982. EPA
proposed the Site to the NPL on December 30, 1982, and added it to the
NPL on September 8, 1983 (48 FR 40673).
Remedial Investigation and Feasibility Study (RI/FS)
The Delaware Department of Natural Resources and Environmental
Control (DNREC) began the remedial investigation (RI) in September 1985
and began the feasibility study (FS) in November 1987. EPA and DNREC
issued the RI/FS report in May 1988. The results of the RI were
generally as follows:
--The primary contaminants of concern at the Site were trace metals and
organic contaminants in on-site groundwater, and inorganics in surface
water and sediments in the northwest pond and leachate seeps near the
pond.
--The landfill contained some buried, intact drums; the contents of the
drums had relatively high concentrations of organic contaminants,
primarily styrene.
--Nearby domestic and commercial wells are all to the west or southwest
of the Site; none of these wells was contaminated by the landfill.
However, wells immediately southwest of the Site were thought to be
susceptible to contamination.
--A net loss of 29 acres of wetland environment resulted from placement
of the landfill on pre-existing wetlands.
The FS provided an in-depth analysis of several potential remedial
alternatives. The FS concluded that if no action were taken there would
be a potential threat to human health and the environment through
dermal contact with landfill contents or leachate seeps. There were
also potential risks associated with future releases of contaminants
from the landfill into the groundwater and, subsequently, into the
surface water. The FS provided a detailed analysis of the following
alternatives: (1) No action; (2) institutional controls and monitoring;
(3) institutional and surface controls; (4a) containment with a soil
cap; and (4b) containment with a soil/clay cap. The FS also analyzed
EPA and DNREC's preferred alternative, which was a combination of
certain elements of the above alternatives. No response activities
using CERCLA removal authority were conducted at the Site.
Record of Decision (ROD) Findings
The Site was divided into two Operable Units, with Operable Unit 1
(OU1) including the landfill proper, and Operable Unit 2 (OU2)
including the northwest pond and the so-called racetrack pond or
replacement pond, which was created southeast of the landfill. EPA
issued a Record of Decision (ROD) for OU1 on June 29, 1988. The ROD for
OU1 included:
--Implementation of institutional controls (including groundwater
management zones and restrictions on use of the property);
--Posting warning signs;
--Replacement of shallow water supply wells adjacent to the Site;
--Covering exposed wastes on the landfill with soil;
--Off-site disposal of drums;
--Installing one additional groundwater monitoring well; and
--Monitoring of the shallow (Columbia) aquifer.
On November 28, 1988, EPA issued a ROD for OU2. The ROD for OU2
included:
--Draining and back-filling the northwest pond;
--Creating a replacement pond (racetrack pond) to be joined with the
existing deepwater pond located southeast of the landfill;
--Installing one monitoring well upgradient of the new racetrack pond
to monitor the landfill; and
--Implementation of institutional controls to ensure that the integrity
of the newly-created racetrack pond and the filled northwest pond is
maintained.
After a period of negotiations with the potentially responsible
parties, the State, EPA, and a group of Settlors entered into a Consent
Decree for implementation of the Remedial Design/Remedial Action for
both operable units. In December 1989 the Settlors submitted Remedial
Design (RD) plans and specifications for regulatory review. Black and
Veatch Science and Technology Corporation prepared the engineering
plans and specifications on behalf of the Settlors. The U.S. Army Corps
of Engineers reviewed these plans and provided comments to EPA. In
February 1991, the State and EPA granted conditional approval of a
revised set of RD plans and specifications.
Remedial Action Activities
The Settlors proposed Sevenson Environmental Services as the
Remedial Action (RA) Contractor. EPA, after consultation with the State
and the U.S. Army Corps of Engineers, approved the use of Sevenson. The
Settlors started construction of the RA for both operable units in July
1991. The U.S. Army Corps of Engineers provided field oversight of the
RA for EPA.
During construction a larger-than-anticipated number of drums were
discovered along the northern and eastern fringes of the landfill. The
State, EPA, and the Settlors subsequently developed a management plan
for staging, sorting, and disposing of the unanticipated drums. The
State established and continues to maintain a Groundwater Management
Zone for the Site and certain areas adjacent to the Site. A pre-final
construction inspection was conducted by the State, EPA, and the
Settlors on April 1, 1992. The final construction inspection followed
on May 14, 1992.
On April 26, 2002, documents entitled ``Environmental Protection
Easement and Declaration of Restrictive Covenants'' were recorded at
the Office of Recorder of Deeds for Kent County, Delaware, for each of
the parcels comprising the Site in order to implement the institutional
controls required by the OU1 and OU2 RODs.
The RA for OU1 and OU2 eliminated the principal threat posed by the
Site by reducing the potential for direct contact with the contents of
the landfill and the sediments of the northwest pond. The RA also
reduced the potential for erosion of landfill contents into the St.
Jones River. Finally, the RA provides for monitoring of the groundwater
in the vicinity of the landfill to ensure the continued effectiveness
of the RA.
[[Page 1540]]
Operation and Maintenance
Operation and maintenance (O&M) activities at the Site include
annual groundwater monitoring and an annual inspection. The annual
inspection looks at the condition of a variety of items to ensure they
are operating as intended so the remedy remains protective. Items
inspected include: Site security and access (fences, gates, locks, and
roads); the landfill surface, including both capped and uncapped areas;
monitoring wells; the riverbank, looking for evidence of storm damage
or erosion; and the replacement pond.
Groundwater monitoring data show a clear overall downward trend in
contaminant levels. The levels of some contaminants in some wells
(notably lead and benzene in MW-4) remain sufficiently high to merit
continued monitoring. EPA will continue groundwater monitoring until
all compounds are at levels that allow for unlimited use and
unrestricted exposure.
Five-Year Review
In 1996, EPA conducted its first Five-Year Review of the Site to
determine if the remedy was protective of human health and the
environment. There were two known deficiencies that affected the
protectiveness of the remedy at the time of the Five-Year Review: (1)
The institutional controls called for in the RODs were not yet fully
implemented; and (2) there were unresolved issues related to who would
perform O&M at the Site and for how long. Because of these
deficiencies, EPA concluded that the remedy was not protective at that
time. EPA conducted its second Five-Year Review in 2001. Progress had
been made on resolving the two deficiencies, but they were still
present. EPA again concluded the remedy was not protective at that
time. Both deficiencies have since been resolved, and EPA has since
concluded that the remedy is fully protective of human health and the
environment.
Since waste is being left in place at the landfill, EPA will
continue to conduct Five-Year Reviews at the Site. The next Five-Year
Review is scheduled for October 2006.
Site Redevelopment
The Site has limited commercial redevelopment potential, but would
make an excellent park, nature preserve, or open space greenway,
subject to compliance with the institutional controls and operation and
maintenance requirements. The landfill waste remains in place and must
not be disturbed by construction activities. No wells, except
monitoring wells, may be drilled in the landfill area. EPA and DNREC
will review the safety of any proposed redevelopment.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA Sec. 113(k), 42 U.S.C. 9613(k), and CERCLA Sec. 117, 42 U.S.C.
9617. 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.
V. Deletion Action
One of the criteria for site deletion, set forth in Sec.
300.425(e)(1)(i) of the NCP, specifies that EPA may delete a site from
the NPL if ``[r]esponsible parties or other persons have implemented
all appropriate response actions required.'' EPA, with the concurrence
of the State of Delaware, believes that this criterion has been met.
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 of a notice of
intent to delete. This action will be effective March 14, 2003 unless
EPA receives adverse comments by February 12, 2003 on this notice or
the parallel notice of intent to delete published in the ``Proposed
Rules'' section of today's Federal Register. 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
also 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 waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: December 20, 2002.
Donald S. Welsh,
Regional Administrator, EPA Region III.
For the reasons set out in the preamble, 40 CFR Part 300 is amended
as follows:
PART 300--[AMENDED]
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]
2. Table 1 of Appendix B to Part 300 is amended under Delaware
(``DE'') by removing the site entry for ``Wildcat Landfill, Dover.''
[FR Doc. 03-515 Filed 1-10-03; 8:45 am]
BILLING CODE 6560-50-P