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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6471-3]

National Oil and Hazardous Substance Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Jacksonville Municipal Landfill

Superfund site from the National Priorities List.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region

6 announces its intent to delete the Jacksonville Municipal Landfill

Superfund Site (``the Site'') from the National Priorities List (NPL)

and requests public comment on this proposed action. The NPL

constitutes appendix B of 40 CFR part 300 which is the National Oil and

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

promulgated pursuant to section 105 of the Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA) of 1980, as amended.

The EPA and the State of Arkansas Department of Environmental Quality

(ADEQ), have determined that the remedial action for the Site has been

successfully completed and that no further action is warranted.

DATES: Comments on this proposed deletion may be submitted to the EPA

on or before December 9, 1999.

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

Involvement Coordinator, U.S. EPA (6SF-P), 1445 Ross Ave., Dallas,

Texas 75202-2733, (214) 665-6483 or 1-800-533-3508 (Toll Free),

[email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Aisling, Remedial Project

Manager, U.S. EPA (6SF-LT), 1445 Ross Avenue, Dallas, Texas 75202-2733,

(214) 665-8509 or 1-800-533-3508 (Toll Free), [email protected].

SUPPLEMENTARY INFORMATION:

Information Repositories

Comprehensive information on the Site has been compiled in a public

docket which is available for viewing at the Jacksonville Municipal

Landfill Superfund Site information repositories:

U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas

75202-2733, (214) 665-6427, Mon.-Fri. 8:00 a.m.-4:30 p.m., (Please call

in advance.)

City Hall (Administrative Record File), 1 Industrial Drive,

Jacksonville, Arkansas, Mon.-Fri. 8 a.m.-5 p.m.

Base Library, Little Rock Air Force Base, Jacksonville, Arkansas, Mon.-

Thurs. 10 a.m.-8 p.m., Fri. and Sat. 10 a.m.-5 p.m.

Arkansas Department of Environmental Quality (Administrative Record

File), 8001 National Drive, Little Rock, Arkansas, Mon.-Fri. 8 a.m.-

4:30 p.m.

Table of Contents

I. Introduction

II. NPL Deletion Criteria

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III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

The United States Environmental Protection Agency (EPA) Region 6

announces its intent to delete the Jacksonville Municipal Landfill

Superfund Site (``the Site'') in Lonoke County, Arkansas, 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 the EPA promulgated pursuant to section

105 of the Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA) of 1980, 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 these sites. The

EPA and the State of Arkansas Department of Environmental Quality

(ADEQ), have determined that the remedial action for the Site has been

successfully completed.

Section II of this document explains the criteria for deleting

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

using for this action. Section IV discusses the Jacksonville Municipal

Landfill Superfund Site and demonstrates how it meets the deletion

criteria.

II. NPL Deletion Criteria

Section 300.425(e)(1) of the NCP provides that releases may be

deleted from, or recategorized on the NPL where no further response is

appropriate. In making a determination to delete a release from the

NPL, the EPA shall consider, in consultation with the state, whether

any of the following criteria have been met:

i. Responsible parties or other parties have implemented all

appropriate response actions required;

ii. All appropriate response under CERCLA has 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,

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 site above levels that allow

for unlimited use and unrestricted exposure, a subsequent review of the

site will be conducted at least every five years after the initiation

of the remedial action at the 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, the EPA

may initiate additional remedial actions. Whenever there is a

significant release from a site deleted from the NPL, the site may be

restored to the NPL without application of the Hazard Ranking System.

In the case of this Site, the selected remedy is protective of

human health and the environment. Consistent with the Site Consent

Decree, the city of Jacksonville has agreed to take over operation and

maintenance of the Site and conduct annual inspections. The EPA plans

to conduct the first five-year review of the final remedy in late 1999.

The EPA will also perform future five-year reviews.

III. Deletion Procedures

The following procedures were used for the intended deletion of the

Site:

(1) all appropriate response under CERCLA has been implemented and

no further action by the EPA is appropriate;

(2) The ADEQ has concurred with the proposed deletion decision;

(3) A notice has been published in the local newspapers and has

been distributed to appropriate Federal, state, and local officials and

other interested parties announcing the commencement of a 30-day public

comment period on the EPA's Notice of Intent to Delete; and

(4) All relevant documents have been made available in the local

site information repositories.

Deletion of a site from the NPL does not itself create, alter, or

revoke any individual's rights or obligations. The NPL is designed

primarily for informational purposes and to assist Agency management.

As mentioned in section II of this document, Sec. 300.425(e)(3) of the

NCP states that the deletion of a site from the NPL does not preclude

eligibility for future response actions, should future conditions

warrant such actions.

The EPA's regional office will accept and evaluate public comments

on the EPA's Notice of Intent to Delete for the Site before making a

final decision to delete. If necessary, the Agency will prepare a

Responsiveness Summary to address any significant public comments

received.

Deletion of the Site from the NPL will occur when the Regional

Administrator of the EPA Region 6 places a final notice in the Federal

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

following the Notice. Public notices and copies of the Responsiveness

Summary will be made available to local residents by the Regional

office. They will also be placed in the repository locations listed

earlier in this document.

IV. Basis for Intended Site Deletion

The following information provides the Agency's rationale for the

proposal for deletion of this Site from the NPL.

A. Site Background and History

The Site is encompasses about 40 acres of an 80 acre landfill in

Lonoke County, outside the city limits of Jacksonville, Arkansas,

approximately 12 miles northeast of Little Rock, Arkansas. An estimated

10,000 people live within three miles of the Site and draw drinking

water from public and private wells. Less than one-half mile west of

the Jacksonville Municipal Landfill Superfund Site is the Rogers Road

Municipal Landfill Superfund Site. Because of the proximity of the

sites and the similarities in their features and characteristics, the

Superfund site-related activities for these sites were carried out

concurrently.

The city of Jacksonville operated the landfill from the time it

purchased the land in 1953 until 1974. Open burning and trenching were

the primary methods of waste disposal used at the Site. The landfill

was closed in July 1973 when the ADEQ (formerly the Arkansas Department

of Pollution Control and Ecology) refused to grant a landfill permit

because of the high water table and poor drainage in the area.

Specific waste types and quantities were not recorded by the Site

owner/operators; however, in addition to municipal waste, several drums

of industrial waste from a local herbicide manufacturer, Vertac

Chemical Corporation (Vertac), were disposed of in the landfill. On-

site soil and drums were found to be contaminated with dioxin (2,3,7,8-

tetrachlorodibenzo (P) dioxin expressed as 2,3,7,8-TCDD equivalents)

and the herbicides 2,4-D, 2,4,5-T, and 2,4,5-TP. These drums were

located in four isolated areas, mainly near the surface of the

landfill.

In early 1986, the city of Jacksonville fenced the Site to prevent

public access. The Site was added to the National Priorities List on

July 22, 1987.

B. Response Actions

The Remedial Investigation (RI) for the Site, which described the

nature and extent of contamination, was released to the public in July

1990. The Feasibility Study (FS) was also released at this time. A 60-

day public comment period began on July 9, 1990, and ended on September

7, 1990. In addition, a public meeting was held on July 18, 1990, to

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present the results of the RI/FS and to accept public comment.

The EPA reviewed the results of the July 1990 RI/FS and all public

comments received. On September 27, 1990, a Record of Decision (ROD)

for the Site, which included a number of construction elements to

implement the Remedial Action, was issued. The EPA, the ADEQ, and the

city of Jacksonville participated in the clean-up in accordance with a

June 20, 1994, Consent Decree (CD) between the EPA and the city of

Jacksonville.

The remedial action at the Site included:

Excavation of contaminated soil and debris containing

greater than 10 parts per billion (ppb) equivalent 2,3,7,8-TCDD and

backfilling the excavated area;

Transportation of the excavated material to the Vertac

Chemical Corporation Superfund Site in Jacksonville, Arkansas;

Incineration of the excavated contaminated material and

disposal of residuals at Vertac;

Steam-cleaning and disposal of large items of refuse

removed from contaminated areas at the Jacksonville Site;

Covering soil, debris and waste meeting the criteria

stated below with twelve inches of soil:

(1) 2,3,7,8-TCDD concentrations >1.0 and 10 ppb, or

(2) Cumulative Hazard Index >.3 for

2,4,5-T; 2,4,5 TP; and 2,4-DCP;

Institutional controls such as fence maintenance and

restricting the use of ground water; and,

Ground water monitoring.

Construction was completed in early 1995. A site inspection

occurred on September 20, 1995, which showed that the remedial

objectives had been achieved. The EPA also checked the Site on

September 1, 1998. At that time, the constructed remedy was still

performing as designed and was controlling the risks to human health

and the environment as specified in the ROD. The soil cover was in

excellent shape with no evidence of subsidence, erosion, animal

burrows, or standing water. The grass cover was well-established and

provided thorough coverage of the soil cover. The site fences had been

maintained and there was no evidence of trespassers.

C. Clean-Up Standards

The remedial action cleanup activities at the Site are consistent

with the objectives of the NCP and will provide protection to human

health and the environment. Specifically, confirmatory sampling

conducted at the conclusion of the cleanup verified that the site has

achieved the ROD cleanup standards: all contaminated soil and debris

containing greater than 10 part per billion (ppb) equivalent 2,3,7,8-

TCDD were excavated and all soil and debris with 2,3,7,8-TCDD

concentrations >1.0 and 10 ppb, or with a Cumulative Hazard

Index >.3 for 2,4,5-T and 2,4,5 TP were either excavated or covered

with one foot of clean soil. Ground water samples taken in November

1994, June 1995, December 1995, October 1996, and November 1997, did

not show dioxin contamination, nor did they show any site-related,

statistically significant concentrations of organic contaminants or

inorganic (metals) contaminants above acceptable health-based levels.

The confirmatory sampling at the Site and backfilling of the Site

with clean soil provide assurances that the Site will no longer pose a

threat to human health or the environment as long as the institutional

controls are enforced and the soil cover is maintained. The source of

contaminants identified in the ROD, the disintegrating drums and

adjacent contaminated soil, has been addressed through excavation and

covering with a clean soil cover. The cleanup also eliminated the

impacts to the ground water from the chemicals of concern at the Site.

At this time, the Site has been cleaned up to residential

standards. Therefore, from a health-risk standpoint, the landfill

itself has no land-use restrictions, except for the areas where EPA

placed a soil cover. Institutional controls, in the form of deed

restrictions, state that the soil cover may not be disturbed.

Additional deed restrictions state that no drinking water wells may be

drilled at the Site.

D. Operations and Maintenance

The Site is designed to require very little maintenance. Site

operations and maintenance (O&M) activities that have been performed by

the city of Jacksonville since the 1995 site completion include routine

site inspections to ensure that positive drainage (as defined in the CD

Statement of Work) is occurring and that the perimeter fence is intact.

These activities have maintained the protectiveness of the remedy. In

addition, Site ground water monitoring, to ensure that the remedy was

effective and operating properly, has been conducted jointly by the

ADEQ and the city of Jacksonville.

The city of Jacksonville, as agreed upon in the CD and accompanying

Statement of Work and as detailed in the Remedial Action (RA) Work

Plan, has assumed all responsibility for O&M at the Site. Plans for O&M

are in place and are sufficient to maintain the protectiveness of the

remedy. The city is fulfilling its obligation to perform the O&M and it

is expected that the city of Jacksonville will be able to provide

future maintenance with a minimal amount of work.

E. Five-Year Review

CERCLA requires a five-year review of all sites with hazardous

substances remaining above the health-based levels for unrestricted use

of the Site. Because the cleanup of the Site utilized a soil cover in

some areas as the method to reduce the risk, and because the ROD calls

for institutional controls limiting ground water use on and immediately

downgradient of the Site, the five-year review process will be used to

ensure that the cover is still intact and blocking exposure pathways

and that the institutional controls are still in place.

F. Community Involvement

The EPA published its Community Relations Plan in November 1988,

after interviews with local residents and officials. Several

information repositories were established in the area near the Site and

all of the documents used to select a Site remedy were placed in the

repositories before the final ROD was issued. In August 1994, a public

open house meeting was held to inform the citizens of the initiation of

site construction activities. Citizens were also invited to the site

completion ceremony held in September 1995. Documents in the deletion

docket which the EPA relied on to make this recommendation of deletion

of the Site from the NPL are available to the public in the information

repositories.

G. Applicable Deletion Criteria

One of the three criteria for site deletion specifies that the EPA

may delete a site from the NPL if ``all appropriate Fund-financed

response under CERCLA has been implemented, and no further response

action by responsible parties is appropriate.'' (40 CFR

300.425(e)(1)(ii)). The EPA, with concurrence of the ADEQ, believes

that this criterion for deletion has been met. Consequently, the EPA is

proposing deletion of the Site from the NPL. Documents supporting this

action are available at the information repositories listed earlier in

this document.

H. State Concurrence

The Arkansas Department of Environmental Quality concurs with the

proposed deletion of the Jacksonville

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Municipal Landfill Superfund Site from the NPL.

Dated: August 3, 1999.

Myron O. Knudson,

Acting Regional Administrator, Region 6.

[FR Doc. 99-29073 Filed 11-8-99; 8:45 am]

BILLING CODE 6560-50-P