Deletion of a Site From the National Priorities List for Uncontrolled Hazardous Waste Sites

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5862-5]

Deletion of a Site From the National Priorities List for

Uncontrolled Hazardous Waste Sites

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Frit Industries Superfund Site

from the National Priorities List; request for comments.

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SUMMARY: The U.S. Environmental Protection Agency (``EPA''), Region 6,

announces its intent to delete the Frit Industries Superfund site

(``Site'') located in Walnut Ridge, Arkansas, from the National

Priorities List (``NPL'') and requests public comment. The NPL, a list

of sites EPA evaluates for priority cleanup of hazardous wastes, is

found in Appendix B of the National Oil and Hazardous Substances

Pollution Contingency Plan (``NCP'') which is 40 CFR part 300, Appendix

B. EPA promulgated the NCP pursuant to section 105 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(``CERCLA''). The EPA and the State of Arkansas propose this deletion

under the terms of a policy published in the Federal Register on March

20, 1995. In

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this policy EPA announced that, consistent with NCP criteria for

deletion of sites from the NPL, the Agency would delete sites if

corrective actions were proceeding pursuant to the Deletion Policy for

Resource Conservation and Recovery Act, (``RCRA''). The EPA, in

consultation with the Arkansas Department of Pollution Control and

Ecology has determined that all appropriate RCRA response activities

conducted at the site to date and scheduled in the future are

enforceable and have been and will remain protective of public health

and the environment. Moreover, that this deferral to RCRA corrective

authorities is appropriate.

DATES: The EPA will accept comments concerning its proposal for

deletion on or before August 25, 1997.

ADDRESSES: Comments should be mailed to: Mr. Donn R. Walters, Community

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

Dallas, Texas 75202-2733, 1-800-533-3508 or (214) 665-6483.

In accordance with 40 CFR 300.425(e)(4)(iii) copies of the

information supporting the proposed deletion are in the following

repositories:

Felix Goodson Library, Attention: Mrs. Marilyn Goodwin, Librarian:

Williams Baptist College, Walnut Ridge, Arkansas 72476, (501) 886-6741

Call First on Hours Open, Variable (Non-College Session)

General--Open Monday to Friday 9 a.m.-4 p.m. (When College is in

Session)

Monday through Thursday 8 a.m. to 10 p.m.

Friday 8 a.m. to 5 p.m.

Saturday 10 a.m. to 12 Noon and 1 p.m. to 4 p.m.

Sunday 1 p.m. to 5 p.m.

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

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

Operation: 8 a.m. to 4:30 p.m., Monday through Friday, excluding

holidays

Arkansas Department of Pollution Control and Ecology, Attn: Mr. Clark

McWilliams, RCRA State Project Manager, 8001 National Drive, Little

Rock, Arkansas 72219, (501) 682-0850. Hours of Operation: 8 a.m. to

4:30 p.m., Monday through Friday, excluding holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest R. Franke, P.E., Remedial

Project Manager (6SF-AP), U.S. Environmental Protection Agency, Region

6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Telephone: (214) 665-

8521.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

The Environmental Protection Agency (``EPA'') Region 6 announces

its intent to delete the Frit Industries Site from the National

Priorities List (``NPL''), 40 CFR part 300, appendix B, and requests

comments on this deletion. The EPA will accept comments on the deletion

of this Site for thirty days after publication of this notice in the

Federal Register.

The NPL is a list of sites that EPA evaluates for priority cleanup

under the Comprehensive Environmental Response, Compensation, and

Liability Act (``CERCLA''), 42 U.S.C. 9601, et seq. Listing of a site

on the NPL does not, itself, create, alter or revoke any individual

rights or obligations under CERCLA, or any other law. The NPL is

designed primarily for information purposes and to assist Agency

management. Sites on the NPL may be remediated using the Hazardous

Substances Superfund (``Superfund'' or ``Fund'') established by section

9507 of the Internal Revenue Code of 1986. Use of this fund for cleanup

of hazardous substances is governed by section 111 of CERCLA, 42 U.S.C.

9611, and implementing regulations.

As a general matter, deletion of the Frit Industries Site from the

NPL will clarify that Arkansas Department of Pollution & Ecology,

Office of Resource Conservation and Recovery Act (``RCRA'') Programs

will have primary responsibility for ensuring that the hazardous wastes

released at the Site are appropriately remediated. Notwithstanding any

such deletion of this Site from the NPL, in the event that conditions

at this Site warrant additional remedial corrective action, this Site

remains eligible for Fund-financed remedial action. Pursuant to section

300.425(e)(3) of the NCP, 40 CFR 300.425(e)(3): ``All releases deleted

from the NPL are eligible for further Fund-financed remedial actions

should future conditions warrant such action.

Whenever there is a significant release from a site deleted from

the NPL, the site shall be restored to the NPL without application of

the [Hazard Ranking System].'' Therefore, deletion of this, or any

other, site from the NPL does not preclude eligibility for subsequent

Fund-financed remedial action if future conditions warrant such action.

Section II of this notice summarizes the criteria for deleting

sites from the NPL. Section III summarizes the procedural steps EPA

takes prior to deleting a site from the NPL. Section IV discusses the

Frit Industries Site and explains how the Frit Industries Site meets

the deletion criteria.

II. NPL Deletion Criteria

The National Oil and Hazardous Substances Pollution Contingency

Plan (``NCP''), 40 CFR part 300, establishes the criteria the Agency

uses to delete sites from the NPL. Section 300.425(e) of the NCP, 40

CFR 300.425(e), provides that sites may be deleted from the NPL where

no further response is appropriate. In making a determination to delete

a site from the NPL, EPA shall consider, in consultation with the

appropriate state, whether the following criteria have been met:

(I) Responsible parties or other persons have implemented all

appropriate response actions required;

(ii) All appropriate Fund-financed responses under CERCLA have been

implemented and no further 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, taking of remedial measures is not appropriate.

Consistent with Sec. 300.425(e) of the NCP, 40 CFR 300.425(e), EPA

proposes deletion of the Frit Industries Site because, as explained

further below, no further CERCLA response is appropriate. This

determination is based on a new policy that EPA has adopted for

implementation of the NPL deletion criteria. This new policy, entitled

``The National Priorities List for Uncontrolled Hazardous Waste Sites;

Deletion Policy for Resource Conservation and Recovery Act

Facilities,'' was published in the Federal Register on March 20, 1995

(60 FR 14641). This new policy sets forth the following criteria and

their general application for deleting RCRA facilities from the NPL:

1. If evaluated under EPA's current RCRA/NPL deferral policy (which

refers to the policy in effect at the time the deletion decision is

made. As past Federal Register notices demonstrate, the RCRA/NCP

deferral policy has changed, and may continue to change based upon the

Agency's continued evaluation of how best to implement the statutory

authority of RCRA and CERCLA), the site would be eligible for deferral

from listing on the NPL;

2. The CERCLA site is currently being addressed by RCRA corrective

action authorities under an existing enforceable order or permit

containing corrective action provisions;

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3. Response under RCRA is progressing adequately; and

4. Deletion would not disrupt an ongoing CERCLA action.

Under this new policy, two types of sites may be eligible for

deletion: (1) Sites that would be eligible for deferral under current

deferral criteria, but were not deferred because the deferral policy at

the time of listing was different; and (2) sites that were not eligible

for deferral when listed, but now may be eligible because of changed

conditions at the site (e.g., the site is now in compliance with a

corrective action order). For facilities within the second category,

the Agency reviews the original listing rationale together with current

information to ascertain whether conditions at the site have changed

sufficiently to warrant deletion from the NPL.

III. Deletion Procedures

Prior to deleting a site from the NPL, 40 CFR 300.425(e) requires

that EPA provide the appropriate state with thirty (30) working days to

review the proposed notice of intent to delete. After providing the

appropriate state authorities with such opportunity for review, EPA

must next provide the public with a minimum of thirty (30) calendar

days to provide comments to the appropriate EPA Region. Prior to

deleting a site from the NPL, EPA must receive concurrence from the

appropriate state authorities. Additionally, EPA must respond to each

significant comment and any significant new data submitted during the

public comment period. A deletion occurs when the Regional

Administrator places a notice of final deletion in the Federal

Register. Generally, the NPL will reflect deletion in the final update

following deletion. After the notice of final deletion is published,

EPA is required to place the final deletion package in a local

information repository. As mentioned in Section I (Introduction) of

this document, 40 CFR 300.425(e)(3) states that deletion of a site from

the NPL does not preclude eligibility for future Fund-financed response

actions.

With respect to this notice of intent to delete, EPA has provided

the Arkansas Department of Pollution Control and Ecology (ADPC&E) with

a thirty (30) working day period for review and comment. The ADPC&E has

provided EPA Region 6 with its concurrence on this notice of intent to

delete. Before making the final decision as to whether to delete the

Frit Industries Site from the NPL, EPA Region 6 will respond to each

significant comment and any significant new data submitted during the

public comment period in a Responsiveness Summary. In addition to this

notice of intent to delete, EPA Region 6 has published a notice of

availability of this notice of intent to delete in a major local

newspaper and has placed copies of documents supporting this notice in

an information repository at or near the Frit Industries Site. After

the public comment period has closed, copies of the Responsiveness

Summary will be made available to interested parties by the EPA Region

6. In the event that EPA issues a notice of final deletion for the Frit

Industries Site, EPA Region 6 will place the final deletion package in

the local repository.

IV. Basis for Intended Site Deletion

The following summary provides the EPA's rationale for the

intention to delete the Frit Industries Site (``Site'') from the NPL.

A. Site Background

Frit Industries, Inc., has operated a micronutrient fertilizer

additive manufacturing facility on approximately 22 acres of land

leased from the City of Walnut Ridge, Arkansas, from 1973 to the

present. In 1979, a major on-site fire in a storage building resulted

in contaminants being released by air emissions as well as surface and

ground water runoff. The incident focused public attention and resulted

in a site evaluation. The site was evaluated by EPA with a HRS

composite package score of 39.47. This score resulted in the site being

placed on the NPL on November 24, 1982.

Frit Industries had an electric arc furnace and brass mill baghouse

materials on site from 1973 to 1987 with hazardous waste K061 (emission

control dust/sludge from the primary production of steel in electric

furnaces), D006 (cadmium), and D008 (lead); this placed the site under

the Arkansas State RCRA program. The lead agency, the ADPC&E,

determined that three unit areas of the site are subject to regulation

as hazardous waste management facilities in accordance with applicable

regulations promulgated in the Arkansas Hazardous Waste Management Act,

A.C.A. Section 8-7-214, and the Arkansas Hazardous Management Code.

An Administrative Order On Consent (AOC), Document Number CERCLA

VI-1-83, was issued pursuant to section 106(a) of CERCLA, 42 U.S.C.

9606(a), Executive Order 12316, August 20, 1981, and 46 Federal

Regulation 42237. This was dated, entered, and effective February 3,

1983, between Frit Industries, Inc., and the USEPA. The order was

divided into three sections requiring action: Surface Water, Ground

Water, and Substances Stored on Site. Considerable work and progress

had already been completed on many of the items addressed in the order

before the effective date of the order. The investigations and actions

that were required by the CERCLA Administrative Order were completed in

August 1989. Mr. Carl Schauble, Executive Vice President of Frit

Industries documented completion of the AOC and requested the Frit

Industries facility be removed from the NPL.

Pursuant with 40 CFR 272.201, section 3006(b) of RCRA, 42 U.S.C.

6926(b), the lead agency for Frit Industries is the Arkansas Department

of Pollution Control and Ecology (ADPC&E).

As the result of an appeal of a Final Closure Plan (May 1989),

which was approved with modifications by the State of Arkansas (ADPC&E)

on February 28, 1990, Frit Industries, Inc., entered into an agreement

with the ADPC&E, by signing a Consent Administrative Order (CAO) LIS

No. 91-161. The CAO required a facility investigation (FI) of the site.

On November 4, 1991, Frit Industries employed American Environmental

Engineering of Leeds, Alabama, (Engineer) to conduct the FI and to

prepare a report of the finding of the investigation.

In the FI Report, section 3, Source Characterization, the Engineer

identifies fourteen Solid Waste Management Units (SWMU's). These are

listed with history and status as follows:

SWMU #1--Granulated Facility Storage Unit (160'x120' Bldg.) The

granulated storage building was built by the U. S. Army Corps of

Engineers in the early 1940's. This area was used during and after

World War II to perform maintenance on aircraft, clean engines, and to

store and repair batteries. Historical documents reveal problems with

soil contamination from those operations. This facility was used by all

of the previous lessees and Frit Industries. Electric arc furnace dust

was stored in the facility in 1973 when Frit Industries first began

operations. This building was demolished and decontaminated between

September 1988 and March 1989. The current Closure Action is pending

the State's RCRA scheduled CAO action items.

SWMU #2--Unidentified Depression--Historical documents confirm SWMU

#2 was not constructed or operated as a surface water impoundment by

Frit Industries, rather it is a site low point (ponding area) of the

facility yard.

SWMU #3--Unidentified Pond--former surface water impoundment area.

The area in which SWMU #3 is

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located is the general area where Texas Railway and Equipment Company

and Aircraft Conversion Company (TRECO/ACC) operated an aluminum

recovery smelter during the period 1946 to 1948. This recovery

operation consisted of the scrapping and smelting of surplus aircraft

from World War II. Swindle Field, which included the current Frit

Industries facility, was estimated to have processed 5,000 to 10,000

airplanes. Debris from this operation litters the top soil of the

region south of the Frit facility and west of the Municipal Airport

runway. The area, which was closed in 1982, covers \1/3\ of an acre.

SWMU #4--Zinc Sulfate Storage--This unit was also within the area

of the post-World War II smelting operation, and it was at this

location where the U.S. Army Air Corps stored aviation fuel in 50,000

gallon above-ground storage tanks, which were documented to have

leakage problems. The Zinc Sulfate Storage area is a unit that was used

between 1977 and 1989 to store brass mill baghouse dust. It was built

of corrugated steel on a 36' x 80' concrete slab. The closure plan for

the Zinc Sulfate facility was prepared by NOVA Environmental Services.

The plan was approved by the State of Arkansas (ADPC&E) on February 28,

1990. The facility was partially closed and dismantled in 1990.

SWMU #5--Primary Pond--This pond was constructed in 1980 to contain

and recycle site storm water runoff in the immediate area of the zinc

sulfate facility. Closure activity consisted of using a new lined pond

constructed under SWMU #7. The pond was closed October 27, 1986.

SWMU #6--Surge Pond--This was a former unlined surface impoundment

from 1984 until its closure approval by State of Arkansas (ADPC&E) in

1993.

SWMU #7--Overflow Pond--The overflow pond is adjacent to the surge

pond and receives effluent from the surge pond. The pond was

constructed with a synthetic geotextile liner in 1984 and is not a RCRA

unit. This pond provides flow equalization to the waste water treatment

plant. The overflow pond replaces two smaller ponds identified as 7a

and 7b which were previously located between the southwestern one-half

of the present-day overflow pond. The smaller ponds were the former

settling and neutralization ponds that functioned to settle solids and

adjust water pH used for super-phosphate production. The production of

this product and use of these ponds was discontinued in 1973.

SWMU #8--Alleged Dump Site--An alleged pesticides dumpsite was

located south of the surge and overflow ponds.

This site was investigated by EPA during a visual site

investigation on December 11 and 12, 1986, but the location could not

be identified during this investigation. An EM-31 Conductive Survey for

buried drums was completed by ADPC&E and no drums were detected or

found.

SWMU #9--Waste Water Treatment Plant--The waste-water treatment

plant is located between the overflow pond and the employee change

house. This facility operates under a National Pollutant Discharge

Elimination System (NPDES) Permit and the outfall is located at the

southwest corner of the site. Construction of the treatment plant was

completed in September 1984 and the plant began operation the following

month. The filter cake generated by the treatment plant is recycled

into Frit Industries micronutrient production process.

SWMU #10--Product Storage Warehouse--The product warehouse is

located in the central portion of the site, east of the overflow pond

on the southeast side of Avenue B. A fire destroyed a portion of the

former product storage building in the warehouse area on February 18,

1979. A new warehouse was then constructed and continues to be used for

storing raw materials, finished products, and packing materials used at

the site.

SWMU #11--Acid Cutting Pits for Sulfuric Acid--This unit consisted

of former pits used to dilute or cut sulfuric acid for use in the

manufacture of superphosphates. These pits were located east of the

overflow pond on the southeast side of Avenue B. In 1954 the

superphosphate plant was constructed by Spencer Chemical Company and

ArkMo Plant Food Company. When Frit Industries started operations at

the site in 1973, the superphosphate production plant was shut down and

dismantled. Final Closure action is pending soils sampling and ground

water results; these operations are scheduled in the three listed RCRA

activities.

SWMU #12--Fire Water Pond--This pond was constructed in 1971 at the

plant entrance, northwest of Avenue B and northeast of Mill Street in

the northern portion of the site. The pond is used to collect storm

water overflow; runoff goes to SWMU #7 and SWMU #9.

SWMU #13--Original Containment Area--This storage area consists of

the original containment area used to store raw materials; however,

TRECO/ACC operated the aluminum recovery smelter of the airplane

demolition (see SWMU #3 above) in this immediate area.

SWMU #14--Former Waste Pile. These materials were removed to a

landfill near Paragould, Arkansas. No hazardous waste or constituents

are known or have been documented to be present in this material.

Under this RCRA closure SWMU 1, SWMU 4, SWMU 5 , SWMU 6 and SWMU 11

are analyzed compositely to determine how these units impact ground

water and it will be on a site-wide basis. Ground water and the other

site medias of surface water, and air, will be addressed within the

scheduled eminent major submittals namely, the Baseline Risk

Assessment, the identification and development, evaluation,

justification of Corrective Measure Alternatives, and Corrective

Measure Implementation.

B. Documentation That the Frit Industries Site Meets RCRA Deferral

Criteria Set Forth in EPA's March 20, 1995, Policy

1. If evaluated under EPA's current RCRA/NPL deferral policy, the

Site would be eligible for deferral from listing on the NPL.

At the time of the NPL listing, the Site posed a threat to human

health and the environment that was not being addressed under either

CERCLA or RCRA corrective action authorities. At that time, EPA

determined that the most expeditious way to address the contamination

at the Site was through the use of CERCLA authorities. Since that

determination, Frit Industries and ADPC&E on February 28, 1990, entered

into a RCRA CAO LIS No. 91-161 and the order has been addressing all of

the contamination at the Site pursuant to section 3008(h) of RCRA. Frit

Industries fulfilled the conditions of the RCRA CAO and is currently in

compliance with the Order. Consequently, if this Site were evaluated

for NPL listing under the current conditions, the Site would qualify

for deferral to RCRA.

2. The CERCLA Site is currently being addressed by RCRA corrective

action authorities under an existing enforceable order or permit

containing corrective action provisions.

As described previously, EPA and Frit Industries entered into a

RCRA CAO, pursuant to section 3008(h) of RCRA, on February 3, 1983.

Under the terms of that AOC, Frit Industries was required to complete

an on-site and off-site investigation of the nature and extent of the

release of hazardous wastes from the Site and to conduct a study to

evaluate various cleanup alternatives. Frit Industries subsequently

fulfilled the conditions of this AOC.

As also described previously, ADPC&E and Frit Industries entered

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into a RCRA CAO, pursuant to section 3008(h) of RCRA, on February 28,

1990. The 1990 RCRA CAO will remain in effect until such time when

ADPC&E determines that the terms of this order have been satisfied.

Frit Industries has been in compliance with the RCRA CAO. All known

groundwater contamination is being addressed through ADPC&E and EPA's

exercise of its corrective action authorities pursuant to RCRA.

3. Response under RCRA is progressing adequately.

Corrective action is progressing satisfactorily under the RCRA CAO,

as described above. There has been no history of protracted

negotiations due to lack of cooperation. See 60 FR 14642, 14643 (March

20, 1995).

4. Deletion would not disrupt an ongoing CERCLA action.

The EPA has received the following concurrence from ADPC&E: ``The

ADPC&E concurs in the decision to delete the site from the NPL, but

reserves all of its rights, abilities and authorities to address

contamination at the site and to pursue responsible parties regarding

this contamination.''

The EPA concludes that this Site meets the criteria under the new

NPL deletion policy and announces its intention to delete the Site from

the NPL.

The EPA believes it is appropriate to delete sites from the NPL

based upon the deferral policy to RCRA under these established

circumstances. Deletion of this site from the NPL to defer it to RCRA

Subtitle C corrective action authorities avoids possible duplication of

effort and the need for Frit Industries to follow more than one set of

regulatory procedures. Moreover, EPA and the State of Arkansas (ADPC&E)

have determined that remedial actions conducted at the site to date and

scheduled in future under RCRA actions have been and will remain

protective of public health, and the environment.

Dated: June 30, 1997.

Approved By:

Lynda F. Carroll,

Acting Regional Administrator.

[FR Doc. 97-19396 Filed 7-24-97; 8:45 am]

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