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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5456-6]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the RSR Corporation

Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces

its intent to delete the residential portions of the RSR Corporation

Superfund Site (RSR Site) known as Operable Unit (OU) Nos. 1 and 2 from

the National Priorities List (NPL) and requests public comment on this

action. The NPL constitutes Appendix B to the National Oil and

Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300,

which EPA promulgated pursuant to section 105 of the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA).

This proposal for partial deletion pertains to OU No. 1, which

includes all privately owned residential properties and residential

high risk areas, such as schools and day care centers, located in the

RSR site. In addition, this proposal for partial deletion pertains to

OU No. 2, which includes the public residential housing area located in

RSR Site that is currently owned by the Dallas Housing Authority (DHA).

EPA has issued no further action Records of Decision (RODs) for OU Nos.

1 and 2. EPA bases its proposal to delete OU Nos. 1 and 2 on the

determination by EPA and the State of Texas, through the Texas Natural

Resource Conservation Commission (TNRCC), that all appropriate actions

under CERCLA have been implemented to protect human health, welfare and

the environment at OU Nos. 1 and 2.

This partial deletion pertains only to OU Nos. 1 and 2 of the RSR

Site and does not include OU Nos. 3, 4 and 5. OU Nos. 3, 4 and 5 will

remain on the NPL, and response activities will continue at those OUs.

DATES: The EPA will accept comments concerning its proposal for partial

deletion for thirty (30) days after

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publication of this document in the Federal Register and a newspaper of

record.

ADDRESSES: Comments may be mailed to: Ms. Olivia Rodriguez Balandran,

Community Relations Coordinator, U.S. EPA, Region 6 (6SF-P), 1445 Ross

Avenue, Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6484.

INFORMATION REPOSITORIES: Comprehensive information on the RSR Site as

well as information specific to this proposed partial deletion is

available for review at EPA's Region 6 office in Dallas, Texas. The

Administrative Records for OU Nos. 1 and 2 and the Deletion Docket for

this partial deletion are maintained at the following RSR Site

document/information repositories:

U.S. EPA, Region 6, Library, 12th Floor (6MD-II), 1445 Ross Avenue,

Dallas, Texas 75202-2733, (214) 665-6424 or 665-6427, Hours of

Operation: M-F 8:00 a.m. to 4:30 p.m.

Dallas Public Library, 2332 Singleton Blvd., Dallas, Texas 75212, (214)

670-6445, Hours of Operation: M and W 10 a.m.-6 p.m., T and Th 10 a.m.-

8 p.m. Sat 10 a.m.-5 p.m.

Texas Natural Resource Conservation Commission, 12118 North IH 35,

Technical Park Center, Room 190, Building D, Austin, Texas 78753, (512)

239-2920 Hours of Operation: M-F 8:00 a.m.-5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Carlos A. Sanchez, Project

Manager, U.S. EPA, Region 6 (6SF-AT), 1445 Ross Avenue, Dallas, Texas

75202-2733, (214) 665-8507.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Partial Site Deletion

Appendix

A. Deletion Docket

B. Site Coordinate Boundaries

I. Introduction

The United States Environmental Protection Agency (EPA) Region 6

announces its intent to delete a portion of the RSR Corporation

Superfund Site (RSR Site) located in, Dallas, Dallas County, Texas,

(Figure 1) from the National Priorities List (NPL), which constitutes

Appendix B of the National Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part 300, and requests comments on this

proposal. This proposal for partial deletion pertains to OU No. 1,

which consists of all privately owned residential properties and

associated residential high risk areas, such as schools, churches and

day care centers in the RSR Site. OU No. 1 is bounded on the north and

east by the Trinity River, on the south by Ft. Worth Avenue and Davis

Street, and on the west by State Highway Loop 12 (Walton Walker Blvd.)

and the Dallas city limits at the levee (approximately 1/2 mile west of

Loop 12). In addition, this proposal for partial deletion pertains to

OU No. 2, which includes the public residential housing area in the RSR

Site that is currently owned by the Dallas Housing Authority (DHA). OU

No. 2 is bounded by Westmoreland Road to the west, Hampton Road to the

east, Canada Drive to the north and Singleton Boulevard to the south.

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In OU Nos. 1 and 2, extensive sampling and risk assessments have

been completed at all private and public residential properties and

residential high risk areas and cleanups performed to remove

contamination related to a former secondary lead smelter to residential

action levels. In OU No. 1 EPA implemented investigations and response

actions at residential properties where property owners granted

voluntary access for the performance of the activities. Of

approximately 1,000 residential property owners only 30 refused to

provide EPA voluntary access for the response activities. Since it is

EPA's policy not to conduct response activities at private residential

property without first obtaining permission from the resident, EPA did

not perform certain CERCLA response actions at the locations where

access was denied. Based on the investigation and cleanup efforts, on

May 9, 1995, EPA issued a Record of Decision for OU No. 1 stating that

no further action is necessary to protect human health and the

environment. Similarly, based on extensive investigations and cleanup

efforts in OU No. 2, on May 9, 1995, EPA issued a Record of Decision

for OU No. 2 stating that no further action is necessary to protect

human health and the environment in OU No. 2.

EPA proposes to delete OU Nos. 1 and 2 because all appropriate

CERCLA response activities have been completed in those areas. However,

response activities at OU Nos. 3, 4, and 5 of the RSR Site are not yet

complete, and OU Nos. 3, 4, and 5 will remain on the NPL and are not

the subject of this partial deletion.

The NPL is a list maintained by EPA of sites that EPA has

determined 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). Pursuant to 40

CFR 300.425(e) of the NCP, any site or portion of a site deleted from

the NPL remains eligible for Fund-financed remedial actions if

conditions at the site warrant such action.

EPA will accept comments concerning its intent for partial deletion

for thirty (30) days after publication of this notice in the Federal

Register and a newspaper of record.

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 public

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:

Section 300.425(e)(1)(i). Responsible parties or other persons have

implemented all appropriate response actions required; or

Section 300.425(e)(1)(ii). All appropriate Fund-financed response

under CERCLA has been implemented, and no further response action by

responsible parties is appropriate; or

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, 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-financed 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 a 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 were used for the proposed deletion of OU

Nos. 1 and 2 of the RSR Site:

(1) EPA has recommended the partial deletion and has prepared the

relevant documents.

(2) The State of Texas through TNRCC concurred by letter dated

January 8, 1996, with this partial deletion.

(3) Concurrent with this national Notice of Intent for Partial

Deletion, a notice has been published in a newspaper of record and has

been distributed to appropriate federal, State, and local officials,

and other interested parties. These notices announce a thirty (30) day

public comment period on the deletion package, which commences on the

date of publication of this notice in the Federal Register and a

newspaper of record.

(4) EPA has made all relevant documents available at the

information repositories listed previously.

This Federal Register notice, and a concurrent notice in a

newspaper of record, announce the initiation of a thirty (30) day

public comment period and the availability of the Notice of Intent for

Partial Deletion. The public is asked to comment on EPA's proposal to

delete OU Nos. 1 and 2 from the NPL. All critical documents needed to

evaluate EPA's decision are included in the Deletion Docket and are

available for review at the information repositories.

Upon completion of the thirty (30) day public comment period, EPA

will evaluate all comments received before issuing the final decision

on the partial deletion. EPA will prepare a Responsiveness Summary for

comments received during the public comment period and will address

concerns presented in the comments. The Responsiveness Summary will be

made available to the public at the information repositories listed

previously. Members of the public are encouraged to contact EPA Region

6 to obtain a copy of the Responsiveness Summary. If, after review of

all public comments, EPA determines that the partial deletion from the

NPL is appropriate, EPA will publish a final notice of partial deletion

in the Federal Register. Deletion of OU Nos. 1 and 2 does not actually

occur until the final Notice of Partial Deletion is published in the

Federal Register.

IV. Basis for Intended Partial Site Deletion

The following provides EPA's rationale for deletion of OU Nos. 1

and 2 from the NPL and EPA's finding that the criteria in 40 CFR

300.425(e) are satisfied:

Background

The RSR Site is located in west Dallas, Texas and encompasses an

area of approximately 13.6 square miles. 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. Contamination at the RSR Site originated from

the operation of a secondary lead smelter facility located in the heart

of west Dallas for approximately 50 years. Specifically, contamination

of the RSR Site resulted from the fallout of historical air emissions

from the smelter stack, from the use by residents of lead slag and

battery casing chips as fill material in residential driveways and

yards and from the disposal of smelter wastes in

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several disposal areas, including two locations operated as local

municipal landfills. Lead, cadmium and arsenic are the primary

contaminants of concern at the RSR Site.

In order to expedite Superfund response actions at this large site,

especially with regard to the residential areas, EPA divided the RSR

Site into five Operable Units (OUs), Figure 1:

OU No. 1--Private Residential Properties

OU No. 2--Dallas Housing Authority (DHA) Property

OU No. 3--Slag Piles/Landfills

OU No. 4--Smelter Facility

OU No. 5--Other Industrial Property Associated with the

Smelter

EPA has been investigating, conducting human health risk

assessments and making CERCLA response action decisions for each OU

separately.

OU No. 1 includes private residential properties and high risk

locations such as schools, church play areas, parks, and day care

facilities. Industrial, commercial, and retail establishments are not

included in OU No. 1. OU No. 1 is bounded on the north and east by the

Trinity River, on the south by Ft. Worth Avenue, and on the west by

State Highway Loop 12 (Walton Walker Blvd.) and the Dallas city limits

at the levee (approximately \1/2\ mile west of Loop 12). OU No. 1

includes primarily single and multi-family housing and has a population

of approximately 17,000.

Operable Unit No. 2 is an area owned and operated by the Dallas

Housing Authority (DHA), which encompasses approximately 460 acres

within the RSR Site. The OU No. 2 site is bounded by Westmoreland Road

to the west, Hampton Road to the east, Canada Drive to the north and

Singleton Boulevard to the south. OU No. 2 includes primarily public

multi-family housing, schools, parks, recreation facilities, and a day

care center.

For approximately 50 years, secondary lead smelting operations were

conducted at the smelter facility located near the center of the RSR

Site. An extensive review of available historical information

concerning the smelter's operation indicates that from approximately

1934 until 1971, the lead smelting facility was owned and/or operated

by Murph Metals, Inc. or its predecessors. In 1971, RSR Corporation

acquired the lead smelting operation and operated the smelter under the

name Murph Metals until March 1984 when a Federal Trade Commission

divestiture order resulted in the acquisition of the smelter in May

1984 by the current owner, Murmur Corporation. In 1983, the City of

Dallas declined to renew the smelter's operating permit. This decision

was based on the smelter's historic operational practices and changes

in the City's zoning ordinance restrictions. As a result, the smelter

closed in 1984 and has not operated since that time.

The smelter facility currently consists of two properties separated

by Westmoreland Road. The smelter building, stack and other associated

buildings, which are no longer in use, are situated on one property (OU

No. 4), while a disassembled battery wrecking building and abandoned

disposal areas exist on the property across Westmoreland Road (OU No.

5). Currently, Murmur Corporation is conducting the only active site

operations, which consist of a lead manufacturing and fabricating

facility producing lead shot and lead sheets for hospital x-ray rooms.

As a result of a lawsuit brought by the City of Dallas and the

Texas Air Control Board against RSR Corporation and Murph Metals, in

1983 RSR/Murph by court order was required to fund a cleanup of the

residential community within one-half mile of the smelter. The cleanup

was conducted from 1984 through 1985 and required the removal and

offsite disposal of soils in residential areas and public play areas

and day care centers that exceeded approximately 1,000 ppm lead

concentration. The cleanup action conducted from 1984 through 1985

exceeded recommendations made by the Center for Disease Control (CDC)

and was considered a protective and appropriate action at that time.

Concerns about lead contamination in the west Dallas area re-

emerged in 1991 when TNRCC (formerly the Texas Water Commission) began

receiving complaints from area residents about residual slag piles and

battery chips allegedly originating from the former RSR Corporation

facility in areas beyond the original cleanup area. In addition, in

1991 the CDC lowered the blood lead level of concern. Consequently,

TNRCC requested that EPA re-evaluate the areal extent of smelter

contamination in west Dallas.

On May 10, 1993, EPA proposed to add the RSR Corporation Site to

the National Priorities List (NPL) of Superfund sites (58 Fed. Reg.

27,507). The final listing was published in the Federal Register on

September 29, 1995 (60 FR 50435).

OU NO. 1 Response Actions

EPA began soil sampling in west Dallas in 1991 to determine the

presence of soil contamination from the RSR smelter. Results indicated

that areas previously cleaned in the 1980s were not recontaminated and

did not require further cleanup, but that contamination existed beyond

the area formerly addressed in areas near the smelter and in areas

where battery chips were used as fill. Consequently, EPA initiated an

emergency removal action in the residential and high risk areas

(designated OU No. 1) consisting of removal and offsite disposal of

soils and debris contaminated in excess of the residential removal

action cleanup levels of 500 ppm lead, or 20 ppm arsenic, or 30 ppm

cadmium. EPA conducted removal activities at 420 residential properties

and high risk areas at OU No. 1 of the RSR Site from October 1991 to

June 1994.

In addition to the removal action, EPA conducted a remedial

investigation and a baseline human health risk assessment at OU No. 1

to determine the extent of contamination and long-term cleanup goals

for OU No. 1. On May 9, 1995, based on the results of these studies and

the completion of the removal action EPA, issued a ROD for OU No. 1

presenting EPA's decision that no further CERCLA action is necessary to

protect human health and the environment.

All of the response actions at OU No. 1 were conducted using funds

from the Hazardous Substance Superfund.

OU NO. 2 Response Actions

On August 9, 1993, EPA entered into a CERCLA Administrative Order

on Consent (AOC), Docket No. 6-21-93, with DHA, under which DHA agreed

to conduct a remedial investigation and feasibility study (RI/FS) and,

in addition, to conduct demolition and removal actions at OU No. 2.

Under the AOC, DHA was required to perform the removal and demolition

activities in the same manner and in accordance with the removal action

performed by EPA at the residential areas in OU No. 1. Pursuant to the

AOC, DHA excavated and removed contaminated soils with concentrations

equal to or in excess of residential action levels, and disposed of

those soils in appropriate and permitted offsite landfills. In

addition, DHA demolished 167 buildings using methods approved by EPA to

prevent public exposure to contaminants that may have been contained in

the building materials. DHA's demolition and removal actions were

performed with the oversight and approval of EPA and were completed in

March 1995. TNRCC also provided oversight support, and DHA coordinated

and received approval from TNRCC for the disposal of materials to

offsite landfill facilities.

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Concurrent with DHA's investigation and removal activities, EPA

conducted a human health risk assessment for OU No. 2. Based on the

results of these studies and on the completion of the removal and

demolition activities, on May 9, 1995, EPA issued a ROD for OU No. 2

presenting its decision that no further CERCLA action is necessary to

protect human health and the environment at OU No. 2.

Community Involvement

Public participation activities for OU Nos. 1 and 2 have been

satisfied as required in CERCLA Section 113(k), 42 U.S.C. Sec. 9613(k),

and Section 117, 42 U.S.C. Sec. 9617. The Remedial Investigation

Reports, Baseline Human Health Risk Assessment Reports and the Proposed

Plans for OU Nos. 1 and 2 were released to the public on November 18,

1994. These documents as well as other documents and information EPA

relied on or considered in recommending that no further action was

necessary at these OUs were compiled for OU Nos. 1 and 2 and were made

available to the public on or before November 18, 1994. Such documents

have been available to the public in the three RSR Site information

repositories. The notice of the availability of the Proposed Plan and

supporting documents was published in The Dallas Morning News on

November 14, 1994. The public comment period was held from November 18,

1994 through January 18, 1995. A Public meeting was held on December 1,

1994, to receive public comments from the community. In addition, legal

and technical representatives from EPA participated in a radio talk

show on January 15, 1995, to receive public comments and answer

questions from citizens. Responses to all comments received during the

public comment period are included in the Responsiveness Summary

attached to the RODs for OU Nos. 1 and 2.

On May 9, 1995, EPA issued a ROD for OU No. 1 and a ROD for OU No.

2 presenting EPA's decisions that no further action is necessary at OU

Nos. 1 and 2 of the RSR Site in Dallas, Texas for protection of human

health and the environment. EPA's decisions are based on information

contained in the final Administrative Records for OU Nos. 1 and 2. The

final Administrative Records for the two OUs are available at the RSR

Site information repositories.

Current Status

Based on the successful completion of EPA's and DHA's removal

actions and the extensive investigations and risk assessments performed

for both OU No. 1 and OU No. 2, there are no further response actions

planned or scheduled for these OUs. Pursuant to the NCP, a five-year

review will not need to be performed at OU Nos. 1 and 2.

While EPA does not believe that any future response actions in OU

Nos. 1 and 2 will be needed, if future conditions warrant such action,

the proposed deletion areas of the RSR Site remain eligible for future

Fund-financed response actions. Furthermore, this partial deletion does

not alter the status of OU Nos. 3, 4, and 5 of the RSR Site which are

not proposed for deletion and remain on the NPL.

EPA, with concurrence from the State of Texas, has determined that

all appropriate CERCLA response actions have been completed at OU Nos.

1 and 2 and protection of human health and the environment has been

achieved in these areas. Therefore, EPA makes this proposal to delete

only OU Nos. 1 and 2 of the RSR Corporation Superfund Site from the

NPL.

Dated: March 25, 1996.

A. Stanley Meiburg,

Acting Regional Administrator, U.S. Environmental Protection Agency,

Region 6.

Appendix A--Docket Information

Deletion Docket--Notice of Intent for Partial Deletion of the RSR

Corporation Superfund Site, Dallas, Texas; Operable Units Nos. 1

and 2 From the Superfund National Priorities List

RSR Corporation Superfund Site Administrative Record

Index, Operable Unit No. 1, May 9, 1995.

RSR Corporation Superfund Site Administrative Record

Index, Operable Unit No. 2, May 9, 1995.

Concurrence letter dated January 8, 1996, from the

State of Texas through the Texas Natural Resource Conservation

Commission agreeing with EPA's proposal to delete OU Nos. 1 and 2 of

the RSR Site from the National Priorities List.

Notice of Intent for Partial Deletion of the RSR

Corporation Superfund Site, Operable Units Nos. 1 and 2, from the

National Priorities List.

Appendix B--Site Coordinate

RSR Corporation Superfund Site, Dallas, Texas; Site Coordinate

Boundaries

The RSR Corporation Superfund Site Operable Unit No. 1 is

generally bounded by the following longitude and latitude coordinate

points:

1. 96 deg. 49' 14''

32 deg. 46' 09''

2. 96 deg. 52' 47''

32 deg. 44' 58''

3. 96 deg. 55' 06''

32 deg. 44' 58''

4. 96 deg. 55' 31''

32 deg. 46' 50''

5. 96 deg. 54' 20''

32 deg. 47' 43''

6. 96 deg. 51' 13''

32 deg. 47' 36''

7. 96 deg. 49' 30''

32 deg. 46' 44''

The RSR Corporation Superfund Site Operable Unit No. 2 is

generally bounded by the following longitude and latitude coordinate

points:

1. 96 deg. 51' 23''

32 deg. 46' 40''

2. 96 deg. 52' 25''

32 deg. 46' 43''

3. 96 deg. 52' 25''

32 deg. 47' 33''

4. 96 deg. 51' 22''

32 deg. 47' 31''

The residential removal boundaries were based on access

agreements with the property owners identified through City of

Dallas zoning maps that described the property coordinates.

[FR Doc. 96-8818 Filed 4-10-96; 8:45 am]

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