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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6131-3]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Frontera Creek Site from the

National Priorities List; Request for Comments.

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SUMMARY: The Environmental Protection Agency (EPA), Region II,

announces its intent to delete the Frontera Creek Superfund Site (Site)

from the National

[[Page 40686]]

Priorities List (NPL) and requests public comment on this action. The

NPL, 40 CFR Part 300, Appendix B was promulgated pursuant to Section

105 of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (CERCLA) and the National Oil and Hazardous

Substances Pollution Contingency Plan (NCP), 40 CFR Part 300. EPA and

the Puerto Rico Environmental Quality Board (PREQB) have determined

that all appropriate response/remedial actions have been completed and

no further remedial action is appropriate under CERCLA. In addition,

EPA and PREQB have determined that remedial activities conducted to

date at the Site have been protective of public health, welfare, and

the environment.

DATES: Comments concerning the deletion of the Site from the NPL may be

submitted on or before August 31, 1998.

ADDRESSES: Comments should be submitted to: Luis E. Santos, Remedial

Project Manager, U.S. Environmental Protection Agency, Region II,

Caribbean Environmental Protection Division, Centro Europa Building,

Suite 417, 1492 Ponce de Leon Ave., Stop 22, San Juan, Puerto Rico

00907-4127.

Comprehensive information on the Site is contained in the EPA

public docket and is available for viewing, by appointment only, at:

U.S. Environmental Protection Agency, Region II, Caribbean

Environmental Protection Division, Centro Europa Building, Suite 417,

1492 Ponce de Leon Ave., Stop 22, San Juan, Puerto Rico 00907-4127,

Phone: (787) 728-6951, extension 223, Hours: 8:30 A.M. to 4:30 P.M.--

Monday through Friday (excluding holidays); Contact: Luis E. Santos.

Information on the Site is also available for viewing at the Site

Administrative Record Repositories located at: P.R. Environmental

Quality Board, National Plaza Bank, 431 Ponce de Leon Ave., Hato Rey,

Puerto Rico 00917, Contact: Mr. Genarro Torres, Phone: (787) 766-2823,

Hours: 8:30 A.M. to 4:30 P.M.--Monday through Friday (excluding

holidays); and the Humacao Town Hall, Humacao, Puerto Rico, Contact:

Mayor's Office Secretary, Phone: (787) 852-3066.

FOR FURTHER INFORMATION CONTACT: Luis E. Santos, (787) 728-6951 Ext.

223.

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 II announces its

intent to delete the Frontera Creek Site, Humacao, Puerto Rico from the

National Priorities List (NPL), 40 CFR Part 300, and requests public

comment on this deletion. The NPL is Appendix B to the National Oil and

Hazardous Substances Pollution Contingency Plan (NCP), which the EPA

promulgated pursuant to Section 105 of CERCLA, as amended. The EPA

identifies sites that appear to present a significant risk to public

health, welfare, or the environment and maintains the NPL as the list

of those sites. Sites on the NPL may be the subject of remedial actions

financed by the Hazardous Substance Superfund (the Fund). Pursuant to

Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains

eligible for Fund-financed remedial actions, if conditions at the site

warrant such action.

The EPA will accept comments on the proposal to delete this Site

from the NPL for 30 days after publication of this document in the

Federal Register until August 31, 1998.

Section II of this document explains the criteria for deleting

sites from the NPL. Section III discusses procedures that the EPA is

using for this action. Section IV discusses how the Site meets the NPL

deletion criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that the Agency uses to delete

sites from the NPL. In accordance with 40 CFR 300.425(e)(1)(i)-(iii),

sites may be deleted from the NPL where no further response is

appropriate. In making this determination, EPA, in consultation with

PREQB, will consider whether any of the following criteria have been

met:

(i) Responsible or other persons have implemented all appropriate

response actions required; or

(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 to the environment and,

therefore, taking remedial measures is not appropriate.

III. Deletion Procedures

The NCP provides that the EPA shall not delete a site from the NPL

until the Commonwealth of Puerto Rico has concurred, and the public has

been afforded an opportunity to comment on the proposed deletion.

Deletion of a site from the NPL does not affect responsible party

liability or impede agency efforts to recover costs associated with

response efforts. The NPL is designed primarily for information

purposes and to assist Agency management.

EPA Region II will accept and evaluate public comments before

making a final decision to delete the site. The Agency believes that

deletion procedures should include public notice and comment at the

local level. Comments from the local community may be pertinent to

deletion decisions. The following procedures were used for the intended

deletion of the Site:

1. EPA determined the appropriate remedies at this site in a Record

of Decision dated September 30, 1991.

2. Responsible parties conducted the site clean-up as documented in

a Remedial Action Completion Report dated May 1995.

3. EPA determined in a September 1997 Superfund Site Close Out

Report that all construction activities at this site have been

completed.

4. PREQB has concurred with the deletion decision in letter dated

March 27, 1998.

5. A Notice has been published in a local newspaper and distributed

to appropriate federal, Commonwealth and local officials, and other

interested parties announcing the commencement of a 30-day public

comment period on EPA's Notice of Intent to Delete.

6. All relevant documents have been made available for public

review in the local Site information repositories.

The comments received during the comment period will be evaluated

before any final decision is made. EPA Region II will prepare a

Responsiveness Summary, if necessary, which will address the comments

received during the public comment period.

If after consideration of these comments, the EPA decides to

proceed with the deletion, the EPA Regional Administrator will place a

Notice of Deletion in the Federal Register. The NPL will reflect any

deletions in the next final update. Public notices and copies of the

Responsiveness Summary, if any, will be made available to local

residents by EPA Region II.

IV. Basis for Intended Site Deletion

The following summary provides the Agency's rationale for

recommending deletion of the Frontera Creek Site, Humacao, Puerto Rico,

from the NPL:

The Frontera Creek Site is located on the eastern coast of Puerto

Rico approximately 1.5 miles east of the City of Humacao. As defined in

the Remedial Investigation/Feasibility Study (RI/FS) Administrative

Order on Consent, the Frontera Creek Site includes Frontera

[[Page 40687]]

Creek downstream of Route 925, the Frontera Lagoons, Madri Canal south

of Route 3, the Ciudad Cristiana housing development (Cristiana), the

13 industries adjacent or in close proximity to the creek, and the

suspected dredge spoil piles allegedly located on the bank of Frontera

Creek adjacent to Ciudad Cristiana.

Industrial wastewaters from industries within the Site were

discharged into the creek from 1971 to 1981. Public concern about the

site arose in 1977 following the death of thirty cows that grazed in

the area. Since that time, the area has been investigated by the EPA,

PREQB and several industries located in the vicinity. This

investigation confirmed the presence of contaminants including mercury

in sediments and surface water samples. As a result of the potential

threat to public health, in August 1983, the Frontera Creek Site was

included on the EPA's National Priorities List.

In February 1985, the Puerto Rico Department of Health (PRDOH)

found elevated levels of mercury in blood and urine samples from a

number of residents in the Ciudad Cristiana development. In addition,

the PREQB found mercury in soil samples. As a result, the Governor of

Puerto Rico ordered the evacuation of the residents of the development.

In March 1985, the PRDOH requested that the EPA evaluate the Ciudad

Cristiana development for mercury contamination. The residents had

alleged that during the construction of their homes, the area was

contaminated. In response to this request, and in coordination with the

Agency for Toxic Substances and Disease Registry (ATSDR), the EPA

conducted a Focused Remedial Investigation to assess mercury

contamination in the Ciudad Cristiana development. Soil samples from

the Ciudad Cristiana development were analyzed for mercury

contamination. ATSDR concluded that the mercury levels found did not

present an immediate health threat to the residents of Ciudad

Cristiana.

On October 3, 1986, an Administrative Order on Consent (Consent

Order) was issued by the EPA pursuant to Section 106(a) of CERCLA. The

Consent Order required Miles Diagnostics Corporation; Miles, Inc.;

Cooper Development Company; and Revlon, Inc. (``Settling Defendants'')

to undertake a Remedial Investigation/Feasibility Study (RI/FS)

covering the entire Frontera Creek Superfund Site.

A Remedial Investigation (RI) was performed from January 1988

through August 1989. The RI data indicated that elevated concentrations

of mercury occurred primarily in surface soils at the Technicon

property and in sediments in the Technicon ditch. The sampling done at

the Ciudad Cristiana development and in the Frontera Creek itself did

not find mercury levels of concern.

A Record of Decision (ROD), which selected the remedy for the Site,

was signed in September 1991. The selected remedy called for the

excavation and proper disposal of all Site soils and sediments with

mercury concentration in excess of 35 parts per million (ppm). On July

8, 1992, Miles Diagnostics Corporation; Miles Inc.; Cooper Development

Company; and Revlon, Inc. (``Settling Defendants'') signed a Consent

Decree with the EPA for implementation of the selected remedy.

Remedial Action was implemented according to the approved Final

Remedial Design Report document, dated December 27, 1994. Excavation

activities, initiated on March 7, 1995 were substantially completed as

of March 30, 1995. Off-site transportation for disposal of rolloffs

containing excavated waste, was initiated on April 18, 1995 and

completed on April 22, 1995.

The remediated Site areas, as required by the ROD, were two areas

within the Technicon ditch (known as Areas 1 and 2) and one area near

the former raw materials storage area at the Technicon facility (known

as Area 3). The volumes and media removed in each were Area 1--83 cubic

yards of Technicon Ditch sediments, Area 2--49 cubic yards of Technicon

Ditch sediments and Area 3--159 cubic yards of soils and 32 yards of

concrete. The Area 2 excavation was expanded to remove an additional

33.5 cubic yards of sediments based on the results of the post-

excavation sampling and analysis.

All the completion requirements for this Site have been met as

described in the ``Superfund Site Close Out Report'' dated September

1997. Activities at the Site have resulted in the removal of mercury

contaminated soils and sediments from the Site and have provided for

the off-site disposal of contaminated soils and sediments. EPA has

determined that responsible parties have completed all appropriate

response action necessary under CERCLA at this site and that no further

construction activities by responsible parties are necessary. In

addition, for the activities undertaken at this Site under CERCLA, EPA

identified an air release of methylene chloride. EPA determined the

source of the air release to be the Squibb facility located within the

Site. Squibb voluntarily reduced emissions of methylene chloride to

acceptable levels. Consequently, EPA is proposing deletion of this Site

from the NPL. Documents supporting this action are available in the

docket.

The EPA and PREQB have determined that the remedy implemented at

the Site is protective of human health and the environment and that no

further cleanup by responsible parties is appropriate. Hazardous

substances were cleaned up to levels that would allow for unlimited use

and unrestricted access, therefore the five-year review requirement of

Section 121(c) of CERCLA, as amended, is not applicable. On September

30, 1997, the EPA signed the Superfund Site Close Out Report for the

Site, prepared in accordance with OSWER Directive 9320.2-09, ``Close

Out Procedures for National Priorities List Sites''.

Dated: June 18, 1998.

William J. Muszynski,

Acting Regional Administrator, Region II.

[FR Doc. 98-20153 Filed 7-29-98; 8:45 am]

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