National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 42598-42602 [E6-11809]
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42598
Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
agency believes that this final rule is not
a significant regulatory action as defined
by the Executive order.
The Regulatory Flexibility Act
requires agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. Because classification of this
device into class II will relieve
manufacturers of the cost of complying
with the premarket approval
requirements of section 515 of the act
(21 U.S.C. 360e), and may permit small
potential competitors to enter the
marketplace by lowering their costs, the
agency certifies that the final rule will
not have a significant economic impact
on a substantial number of small
entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $115
million, using the most current (2003)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this final rule to result in any 1-year
expenditure that would meet or exceed
this amount.
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IV. Does This Final Rule Have
Federalism Implications?
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
V. How Does This Rule Comply with
the Paperwork Reduction Act of 1995?
This final rule contains no collections
of information. Thus, clearance by the
Office of Management and Budget
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(OMB) under the Paperwork Reduction
Act of 1995 (PRA) is not required. FDA
concludes that the special controls
guidance document contains
information collection provisions that
are subject to review and clearance by
OMB under the PRA. Elsewhere in this
issue of the Federal Register, FDA is
publishing a notice announcing the
availability of the guidance document
entitled, ‘‘Class II Special Controls
Guidance Document: Fecal Calprotectin
Immunological Test Systems.’’ The
notice contains an analysis of the
paperwork burden for the guidance.
availability of this guidance document,
see § 866.1(e).
Dated: July 19, 2006.
Linda S. Kahan,
Deputy Director, Center for Devices and
Radiological Health.
[FR Doc. E6–11975 Filed 7–26–06; 8:45 am]
BILLING CODE 4160–01–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
VI. What References are on Display?
[EPA–HQ–SFUND–1990–0011; FRL–8202–8]
The following reference has been
placed on display in the Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852,
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday.
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
1. Petition from Genova Diagnostics, Inc.,
for reclassification of the PhiCalTM Fecal
Calprotectin Immunoassay submitted March
22, 2006.
List of Subjects in 21 CFR Part 866
Medical devices.
Thus, under the Federal Food, Drug,
and Cosmetic Act and under authority
delegated to the Commissioner of Food
and Drugs, 21 CFR part 866 is amended
as follows:
I
PART 866—IMMUNOLOGY AND
MICROBIOLOGY DEVICES
1. The authority citation for 21 CFR
part 866 continues to read as follows:
I
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 866.5180 is added to
subpart F to read as follows:
I
§ 866.5180 Fecal calprotectin
immunological test system.
(a) Identification. A fecal calprotectin
immunological test system is an in vitro
diagnostic device that consists of
reagents used to quantitatively measure,
by immunochemical techniques, fecal
calprotectin in human stool specimens.
The device is intended forin vitro
diagnostic use as an aid in the diagnosis
of inflammatory bowel diseases (IBD),
specifically Crohn’s disease and
ulcerative colitis, and as an aid in
differentiation of IBD from irritable
bowel syndrome.
(b) Classification. Class II (special
controls). The special control for these
devices is FDA’s guidance document
entitled ‘‘Class II Special Controls
Guidance Document: Fecal Calprotectin
Immunological Test Systems.’’ For the
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Environmental Protection
Agency.
ACTION: Direct final notice of deletion of
the Arctic Surplus Site from the
National Priorities List.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA), Region 10, is publishing
a direct final notice of deletion of the
Arctic Surplus Site (Site), located in
Fairbanks, Alaska, from the National
Priorities List (NPL).
The NPL, promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is
appendix B of 40 CFR part 300, which
is the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). This direct final deletion is being
published by EPA with the concurrence
of the State of Alaska, through the
Alaska Department of Environmental
Conservation (ADEC) because EPA has
determined that all appropriate
response actions under CERCLA have
been completed and, therefore, further
remedial action pursuant to CERCLA is
not appropriate.
DATES: This direct final deletion will be
effective September 25, 2006 unless
EPA receives adverse comments by
August 28, 2006. 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: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1990–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instruction for submitting
comments.
• E-mail: gusmano.jacques@epa.gov.
• Fax: (907) 271–3424.
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Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations
• Mail: Jacques L. Gusmano,
Remedial Project Manager, U.S.
Environmental Protection Agency,
Region 10, Alaska Operations Office,
222 West 7th Avenue, Suite 19,
Anchorage, Alaska 99513.
• Hand Delivery: 222 West 7th
Avenue, Suite 19, Anchorage, Alaska
99513. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SF–1990–0011.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index in the
Deletion Docket Bibliography. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Deletion Docket materials are
available electronically or in hard copy
at the EPA’s Region 10 Superfund
Records Center, 1200 Sixth Avenue,
Seattle, Washington 98101 and the
Defense Reutilization & Marketing
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Office (Administrative Records)
Building 5001, Mile Badger Road,
Fairbanks, AK 99703 at (907) 353–1143.
The Region 10 Superfund Records
Center is open from 8 a.m. to 4:30 p.m.
by appointment, Monday through
Friday, excluding legal holidays. The
Superfund Records Center telephone
number is (206) 553–4494.
FOR FURTHER INFORMATION CONTACT:
Jacques L. Gusmano, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 10, Alaska Operations
Office, 222 West 7th Avenue, Suite 19,
Anchorage, Alaska 99513, phone: (907)
271–1271, fax: (907) 271–3424, e-mail:
gusmano.jacques@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Deletion Action
I. Introduction
EPA Region 10 is publishing this
direct final notice of deletion of the
Arctic Surplus Site, which is located in
Fairbanks, Alaska from the NPL.
The 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 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 September 25, 2006
unless EPA receives adverse comments
by August 28, 2006 on this document.
If adverse comments are received within
the 30-day public comment period for
this document, EPA will publish a
timely withdrawal of this direct final
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 Arctic Surplus Salvage
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
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received during the public comment
period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP
provides that sites may be deleted from,
or recategorized on 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 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 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 site poses no significant
threat to public health or the
environment and, therefore, remedial
measures are 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, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a
subsequent review of the site will be
conducted at least every five years after
the initiation of the remedial action at
the deleted site to ensure that the site
remains protective of public health and
the environment. If new information
becomes available which indicates a
need for further action, EPA may initiate
additional remedial actions. Whenever
there is a significant release from a
deleted site 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; however, because
the remedy leaves waste on site above
levels that allow for unlimited use and
unrestricted exposure, a review of the
selected remedy will be conducted at
least every five years from initiation of
the remedial action.
III. Deletion Procedures
The following procedures were used
for the intended deletion of Arctic
Surplus:
(1) EPA Region 10 issued a Record of
Decision (ROD) and an Explanation of
Significant Differences (ESD) which
documented the remedial action goals.
(2) The Defense Logistics Agency
(DLA) issued a Remedial Action Report
and a Final Closeout Report indicating
remedial activities completed was
issued by EPA.
(3) The State of Alaska has concurred
with the proposed deletion decision.
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(4) 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 the Fairbanks Daily NewsMiner 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.
(5) All relevant documents have been
compiled in the site deletion docket and
made available in the local site
information repositories. If adverse
comments are received within the 30day public comment period on this
document, EPA will publish a timely
notice of withdrawal of this direct final
notice of deletion before its effective
date. EPA 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 the Site from the NPL does
not in 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.
IV. Basis for Intended Site Deletion
The following site summary provides
the Agency’s rationale for the proposal
to delete this Site from the NPL.
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Site Background and History
The Arctic Surplus Site, which
consists of several land parcels,
occupies 24.5 acres and is located on
the northeast corner of Badger Road and
the Old Richardson Highway,
approximately six miles southeast of
Fairbanks, Alaska. The western portion
of the site was owned by the
Department of Defense (DOD) and, from
1944 to 1956, a landfill used by the
military was located on the parcel.
Following its sale by DOD in 1959, the
entire site was used as a salvage yard,
resulting in the accumulation of a large
amount of both salvageable and nonsalvageable materials. The salvage yard
activities that have impacted the site
include:
I Lead battery recycling; batteries were
stored and then cracked to collect lead
for recycling;
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I Draining oil from transformers, some
of which contained polychlorinated
biphenyls (PCBs);
I Burning spent transformer oils to
fuel an incinerator used to reclaim
copper from transformer coils and lead
from batteries;
I Salvaging mechanized equipment,
which may have caused fluids to leak;
I Accumulating spent ordnance and
explosives-related scrap; and,
I Storing oils, chemicals,
containerized gases, and other
hazardous materials improperly.
Arctic Surplus was the subject of a
Preliminary Assessment Report under
the CERCLA dated June 29, 1987, and a
Site Inspection in August/September
1988. The Site was proposed for the
NPL on October 26, 1989, and was listed
on August 30, 1990.
Since its identification as a CERCLA
site, numerous investigations and
removal actions have been performed to
characterize the Site and address
potential Site risks. Removal actions
were completed during 1989, 1990, and
1991 by EPA and by the Defense
Logistics Agency (DLA) for DOD. During
1989, the site was fenced,
approximately 22,000 pounds of
asbestos were removed, and
approximately 75 gallons of the
pesticide, chlordane, were stabilized
and removed. During 1990, more
extensive removal actions included the
dismantling of an incinerator and
removal and offsite disposal of
associated ash and contaminated soil,
and the removal and offsite disposal of
approximately 13 cubic yards of PCBcontaminated soil, 315 cubic yards of
lead-contaminated soil from ‘‘batterycracking,’’ and approximately 160 cubic
yards of chlordane-contaminated soil.
The removal actions also included
bulking and removal of containerized
waste, removal of battery casings,
draining and disposal of transformer
oils, and capping of specific areas of
contaminated soil. In 1991, another
removal action was completed to
investigate alleged buried hazardous
wastes and delineate the extent of
localized contamination. To facilitate
the investigation, approximately 300
non-PCB transformers were moved and
staged for removal.
The Remedial Investigation (RI) began
in 1992 and was completed in 1994. In
the RI, several potential source areas
were identified including on the
western half of the Site:
I Battery cracking areas;
I Buried materials, including the old
military landfill;
I Incinerator area; and
I Transformer processing areas.
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Additional potential source areas in
other parts of the site were drum storage
areas, and salvage and debris piles
scattered all around the property. The
two primary contaminants of concern
(COCs) identified were lead and PCBs.
Lead was identified at concentrations
greater than 500 milligrams per
kilogram (mg/kg) in surface soils over
much of the western portion of the Site.
It was also found at elevated
concentrations in a limited number of
samples of off-property soils,
presumably transported by traffic,
filling, and grading, or particulate
transport from wind. PCB transformer
oils were found in old transformers,
drums, and oil-stained soils in several
areas of the Site. During the 1990
removal actions, free product in
containers was removed and heavily
contaminated soils were excavated and
removed from the Site. Subsequent
analyses of the surface soil throughout
much of the western part of the Site
detected elevated concentrations of
PCBs in surface soils, locally in excess
of 100 mg/kg. Groundwater quality was
studied in the RI as a potential
contaminant pathway. One on-site
monitoring well contained
trichloroethylene (TCE) ranging from 6–
14 ug/l (drinking water standard for
TCE, 5 ug/l); this on-site well was
located in the center of the property. No
wells down gradient of this well, or any
area residential wells had TCE
concentrations above MCLs.
Selected Remedy
On September 28, 1995, the Regional
Administrator signed a Record of
Decision (ROD) selecting the following
remedy:
I Relocation and sorting of salvage
material and debris, which must be
moved to provide access to the
contaminated soil;
I Excavation and stockpiling of soil
exceeding cleanup standards for
treatment or disposal;
I Onsite treatment of soil exceeding 50
mg/kg PCBs by solvent extraction;
I Onsite treatment of soil exceeding
the lead industrial cleanup standard of
1,000 mg/kg by stabilization/
solidification.
I Offsite disposal of soil exceeding hot
spot concentrations for pesticides of 21
mg/kg 4,4′-DDD, 15 mg/kg 4,4′-DDT, and
0.44 ug/kg 2,3,7,8-TCDD equivalence for
dioxin/furans;
I Consolidation of treated soils into a
containment area over the old closed
military landfill;
I Capping of the containment area
with a steep-sided cap to prevent future
use; and
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I Implementation of institutional
controls including long-term
groundwater monitoring, and operation
and maintenance of fences and the cap;
restrictions to prevent use of
groundwater, maintain industrial use,
and prevent any unauthorized access or
use of the capped area.
The design process to implement the
ROD began in June 2002 with a
reevaluation of the remedy selection.
The design team consisted of
representatives from EPA, ADEC, DLA,
and DLA’s consultants. The purpose of
the reevaluation was to assess the
current condition of the site relative to
the ROD’s goals and objectives, and to
identify any improvements to the
remediation process that could be
implemented. The proposed treatment
and cap design changes were evaluated
by EPA and an Explanation of
Significant Difference (ESD), signed on
June 17, 2003, documented the changes
to the original ROD. The changes to the
ROD included in the ESD are:
I Treatment of soil with PCB
concentration between 10 and 50 mg/kg
by solidification/stabilization and
placement of the treated soil in the
onsite containment area,
I Offsite disposal of soil with PCBs
greater than 50 mg/kg,
I Capping the new waste containment
area with a geosynthetic clay liner (GCL)
instead of compacted silt,
I Flattening the cap profile to allow for
reuse of the land, and
I Develop permanent institutional
controls that will be attached to the
property and transfer with the land.
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Response Actions
EPA was negotiating an Agreement on
Consent (AOC) with DOD when the
remedial actions were begun. The final
AOC was signed on December 11, 2003.
The other PRPs did not participate in
the cleanup actions. The cleanup
activities that were conducted had two
major objectives; to implement the ROD
including the ESD changes; and to
remove or demilitarize any ordnance or
potentially explosive items. A Remedial
Action Work Plan for the ROD which
specified soil cleanup activities was
issued in May 2003. Implementation of
the soil remedy began in June 2003. The
CERCLA remedial actions included:
I Relocating, sorting, and
decontamination of salvage material,
ancillary scrap (transformers,
compressed gas cylinders, etc.), and
debris to access the contaminated soil
beneath;
I Excavation and stockpiling of
contaminated soils with concentrations
greater than 1,000 mg/kg lead or 10 mg/
kg PCBs and off-property soils with
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concentrations greater than 400 mg/kg
lead and/or 1 mg/kg PCBs;
I Excavation and segregation of soil
with concentrations of PCBs greater
than 50 mg/kg; dioxin concentrations
greater than 0.44 ug/kg; DDD
concentrations greater than 21 mg/kg;
and/or DDT concentrations greater than
15 mg/kg;
I Shipment of dioxin-, DDT-, and
DDD-contaminated soil and soil with
greater than 50 mg/kg PCBs offsite for
disposal;
I Solidification/stabilization of
contaminated soil containing lead at
concentrations greater than 1,000 mg/kg,
and soil with greater than 10 mg/kg but
less than 50 mg/kg PCB;
I Placement of stabilized soils into a
containment area, which also
encompasses the old existing landfill
located in the southwestern section of
the site; and
I Capping the stabilized soil in the
containment area and the existing
landfill with a GCL cap.
Operation and Maintenance
Pursuant to the Administrative Order
of Consent dated December 11, 2003,
the long-term groundwater monitoring
and the operations and maintenance
(O&M) actions will be performed by
DOD for the first five years, ending in
September 2008. There are seven
existing onsite groundwater monitoring
wells that will be used for the long-term
monitoring. There are three wells
specifically downgradient of the new
containment cell and one upgradient.
The three other wells included in the
long-term monitoring are along the
northern property boundary. Provisions
are included to extend this commitment
as needed to maintain the site. The
current O&M plan includes semi-annual
groundwater monitoring and assessment
of cap integrity.
Institutional Controls
The institutional controls relating to
site access and land use restrictions
were not part of the Administrative
Order, but were made part of a State of
Alaska action using a document called
‘‘Conservation Easement,’’ recorded on
September 21, 2004. This type of
enforceable document was used at
Arctic Surplus because there was no
Settlement Document, i.e., consent
decree, signed by all of the PRPs, only
an Administrative Order with DOD. The
signatories to the Conservation
Easement for Arctic Surplus are the
property owners, who have agreed to
the terms of the Conservation Easement.
The administration and enforcement of
this document for Arctic Surplus was
delegated to ADEC by the Alaska
Department of Natural Resources
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(ADNR) by a Management Right
Assignment dated September 29, 2004.
This Assignment has been filed by
ADNR for the State of Alaska. This
Conservation Easement document also
includes EPA as a partner to ADEC for
management and enforcement. ADEC
has the responsibility to implement the
Conservation Easement as an
institutional control, and will provide
EPA and the PRPs with a notice of any
problems based on any site inspections.
Five-Year Review
Hazardous substances remain at the
Site above levels that allow unlimited
use and unrestricted exposure after the
completion of the remedial action.
Pursuant to CERCLA section 121(c) and
as provided in the current guidance on
Five-Year Reviews: OSWER Directive
9355.7–03B–P, Comprehensive FiveYear Review Guidance, dated June 2001,
EPA must conduct a statutory Five-Year
Review. The first Five-Year Review
Report will be completed by December
22, 2008.
Community Involvement
EPA held nine public meetings,
issued 13 fact sheets and published
notices of three public comment periods
in the Federal Register and in local
newspapers. The meetings and fact
sheets focused on CERCLA-required
comment periods, informational
meetings, enforcement actions,
alternative analysis or schedule
announcements, and public
involvement sessions. Since completion
of remedial actions there have been
minimal public comments.
Applicable Deletion Criteria
One of the three criteria for deletion
specifies that EPA may delete a site
from the NPL if ‘‘responsible parties
have implemented all appropriate
response actions required.’’ EPA, with
the concurrence of the State of Alaska,
believe that this criterion for deletion
has been met. There is no significant
threat to human health or the
environment and, therefore, no further
remedial action is necessary.
State Concurrence
In a letter dated May 23, 2006, from
the Alaska Department of
Environmental Conservation (ADEC),
ADEC concurs with the proposed
deletion of the Arctic Surplus Site from
the NPL.
V. Deletion Action
The EPA, with concurrence of the
State of Alaska, has determined that all
appropriate responses under CERCLA
have been completed, and that no
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further response actions, under
CERCLA, other than O&M and five-year
reviews, are necessary. 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. This
action will be effective September 25,
2006 unless EPA receives adverse
comments by August 28, 2006. 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. In this case, EPA will
prepare a response to comments and
continue with the deletion process on
the basis of the notice of intent to delete
VerDate Aug<31>2005
16:25 Jul 26, 2006
Jkt 208001
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
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 18, 2006.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set out in the
preamble, 40 CFR part 300 is amended
as follows:
I
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Authority: 42 U.S.C. 9601–9657; 33 U.S.C.
1321(c)(2); 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 by removing the entry for
‘‘Arctic Surplus, Fairbanks, Alaska.’’
I
[FR Doc. E6–11809 Filed 7–26–06; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\27JYR1.SGM
27JYR1
Agencies
[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Rules and Regulations]
[Pages 42598-42602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11809]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1990-0011; FRL-8202-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Arctic Surplus Site from
the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA), Region 10, is
publishing a direct final notice of deletion of the Arctic Surplus Site
(Site), located in Fairbanks, Alaska, from the National Priorities List
(NPL).
The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the State of Alaska, through the Alaska Department of
Environmental Conservation (ADEC) because EPA has determined that all
appropriate response actions under CERCLA have been completed and,
therefore, further remedial action pursuant to CERCLA is not
appropriate.
DATES: This direct final deletion will be effective September 25, 2006
unless EPA receives adverse comments by August 28, 2006. 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1990-0011, by one of the following methods:
https://www.regulations.gov. Follow the on-line instruction
for submitting comments.
E-mail: gusmano.jacques@epa.gov.
Fax: (907) 271-3424.
[[Page 42599]]
Mail: Jacques L. Gusmano, Remedial Project Manager, U.S.
Environmental Protection Agency, Region 10, Alaska Operations Office,
222 West 7th Avenue, Suite 19, Anchorage, Alaska 99513.
Hand Delivery: 222 West 7th Avenue, Suite 19, Anchorage,
Alaska 99513. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SF-1990-
0011. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through https://
www.regulations.gov, your e-mail will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index in the Deletion Docket Bibliography. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Deletion Docket materials are available
electronically or in hard copy at the EPA's Region 10 Superfund Records
Center, 1200 Sixth Avenue, Seattle, Washington 98101 and the Defense
Reutilization & Marketing Office (Administrative Records) Building
5001, Mile Badger Road, Fairbanks, AK 99703 at (907) 353-1143. The
Region 10 Superfund Records Center is open from 8 a.m. to 4:30 p.m. by
appointment, Monday through Friday, excluding legal holidays. The
Superfund Records Center telephone number is (206) 553-4494.
FOR FURTHER INFORMATION CONTACT: Jacques L. Gusmano, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 10, Alaska
Operations Office, 222 West 7th Avenue, Suite 19, Anchorage, Alaska
99513, phone: (907) 271-1271, fax: (907) 271-3424, e-mail:
gusmano.jacques@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Deletion Action
I. Introduction
EPA Region 10 is publishing this direct final notice of deletion of
the Arctic Surplus Site, which is located in Fairbanks, Alaska from the
NPL.
The 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 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 September 25, 2006
unless EPA receives adverse comments by August 28, 2006 on this
document. If adverse comments are received within the 30-day public
comment period for this document, EPA will publish a timely withdrawal
of this direct final 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 Arctic Surplus Salvage 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 sites may be deleted
from, or recategorized on 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 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 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 site poses no
significant threat to public health or the environment and, therefore,
remedial measures are 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, CERCLA section 121(c), 42
U.S.C. 9621(c) requires that a subsequent review of the site will be
conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the site remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate additional remedial actions. Whenever there is a significant
release from a deleted site 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; however, because the remedy leaves
waste on site above levels that allow for unlimited use and
unrestricted exposure, a review of the selected remedy will be
conducted at least every five years from initiation of the remedial
action.
III. Deletion Procedures
The following procedures were used for the intended deletion of
Arctic Surplus:
(1) EPA Region 10 issued a Record of Decision (ROD) and an
Explanation of Significant Differences (ESD) which documented the
remedial action goals.
(2) The Defense Logistics Agency (DLA) issued a Remedial Action
Report and a Final Closeout Report indicating remedial activities
completed was issued by EPA.
(3) The State of Alaska has concurred with the proposed deletion
decision.
[[Page 42600]]
(4) 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 the Fairbanks Daily News-
Miner 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.
(5) All relevant documents have been compiled in the site deletion
docket and made available in the local site information repositories.
If adverse comments are received within the 30-day public comment
period on this document, EPA will publish a timely notice of withdrawal
of this direct final notice of deletion before its effective date. EPA
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 the Site from the NPL does not in 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.
IV. Basis for Intended Site Deletion
The following site summary provides the Agency's rationale for the
proposal to delete this Site from the NPL.
Site Background and History
The Arctic Surplus Site, which consists of several land parcels,
occupies 24.5 acres and is located on the northeast corner of Badger
Road and the Old Richardson Highway, approximately six miles southeast
of Fairbanks, Alaska. The western portion of the site was owned by the
Department of Defense (DOD) and, from 1944 to 1956, a landfill used by
the military was located on the parcel. Following its sale by DOD in
1959, the entire site was used as a salvage yard, resulting in the
accumulation of a large amount of both salvageable and non-salvageable
materials. The salvage yard activities that have impacted the site
include:
0
Lead battery recycling; batteries were stored and then cracked to
collect lead for recycling;
0
Draining oil from transformers, some of which contained
polychlorinated biphenyls (PCBs);
0
Burning spent transformer oils to fuel an incinerator used to reclaim
copper from transformer coils and lead from batteries;
0
Salvaging mechanized equipment, which may have caused fluids to leak;
0
Accumulating spent ordnance and explosives-related scrap; and,
0
Storing oils, chemicals, containerized gases, and other hazardous
materials improperly.
Arctic Surplus was the subject of a Preliminary Assessment Report
under the CERCLA dated June 29, 1987, and a Site Inspection in August/
September 1988. The Site was proposed for the NPL on October 26, 1989,
and was listed on August 30, 1990.
Since its identification as a CERCLA site, numerous investigations
and removal actions have been performed to characterize the Site and
address potential Site risks. Removal actions were completed during
1989, 1990, and 1991 by EPA and by the Defense Logistics Agency (DLA)
for DOD. During 1989, the site was fenced, approximately 22,000 pounds
of asbestos were removed, and approximately 75 gallons of the
pesticide, chlordane, were stabilized and removed. During 1990, more
extensive removal actions included the dismantling of an incinerator
and removal and offsite disposal of associated ash and contaminated
soil, and the removal and offsite disposal of approximately 13 cubic
yards of PCB-contaminated soil, 315 cubic yards of lead-contaminated
soil from ``battery-cracking,'' and approximately 160 cubic yards of
chlordane-contaminated soil. The removal actions also included bulking
and removal of containerized waste, removal of battery casings,
draining and disposal of transformer oils, and capping of specific
areas of contaminated soil. In 1991, another removal action was
completed to investigate alleged buried hazardous wastes and delineate
the extent of localized contamination. To facilitate the investigation,
approximately 300 non-PCB transformers were moved and staged for
removal.
The Remedial Investigation (RI) began in 1992 and was completed in
1994. In the RI, several potential source areas were identified
including on the western half of the Site:
0
Battery cracking areas;
0
Buried materials, including the old military landfill;
0
Incinerator area; and
0
Transformer processing areas.
Additional potential source areas in other parts of the site were
drum storage areas, and salvage and debris piles scattered all around
the property. The two primary contaminants of concern (COCs) identified
were lead and PCBs. Lead was identified at concentrations greater than
500 milligrams per kilogram (mg/kg) in surface soils over much of the
western portion of the Site. It was also found at elevated
concentrations in a limited number of samples of off-property soils,
presumably transported by traffic, filling, and grading, or particulate
transport from wind. PCB transformer oils were found in old
transformers, drums, and oil-stained soils in several areas of the
Site. During the 1990 removal actions, free product in containers was
removed and heavily contaminated soils were excavated and removed from
the Site. Subsequent analyses of the surface soil throughout much of
the western part of the Site detected elevated concentrations of PCBs
in surface soils, locally in excess of 100 mg/kg. Groundwater quality
was studied in the RI as a potential contaminant pathway. One on-site
monitoring well contained trichloroethylene (TCE) ranging from 6-14 ug/
l (drinking water standard for TCE, 5 ug/l); this on-site well was
located in the center of the property. No wells down gradient of this
well, or any area residential wells had TCE concentrations above MCLs.
Selected Remedy
On September 28, 1995, the Regional Administrator signed a Record
of Decision (ROD) selecting the following remedy:
0
Relocation and sorting of salvage material and debris, which must be
moved to provide access to the contaminated soil;
0
Excavation and stockpiling of soil exceeding cleanup standards for
treatment or disposal;
0
Onsite treatment of soil exceeding 50 mg/kg PCBs by solvent
extraction;
0
Onsite treatment of soil exceeding the lead industrial cleanup
standard of 1,000 mg/kg by stabilization/solidification.
0
Offsite disposal of soil exceeding hot spot concentrations for
pesticides of 21 mg/kg 4,4'-DDD, 15 mg/kg 4,4'-DDT, and 0.44 ug/kg
2,3,7,8-TCDD equivalence for dioxin/furans;
0
Consolidation of treated soils into a containment area over the old
closed military landfill;
0
Capping of the containment area with a steep-sided cap to prevent
future use; and
[[Page 42601]]
0
Implementation of institutional controls including long-term
groundwater monitoring, and operation and maintenance of fences and the
cap; restrictions to prevent use of groundwater, maintain industrial
use, and prevent any unauthorized access or use of the capped area.
The design process to implement the ROD began in June 2002 with a
reevaluation of the remedy selection. The design team consisted of
representatives from EPA, ADEC, DLA, and DLA's consultants. The purpose
of the reevaluation was to assess the current condition of the site
relative to the ROD's goals and objectives, and to identify any
improvements to the remediation process that could be implemented. The
proposed treatment and cap design changes were evaluated by EPA and an
Explanation of Significant Difference (ESD), signed on June 17, 2003,
documented the changes to the original ROD. The changes to the ROD
included in the ESD are:
0
Treatment of soil with PCB concentration between 10 and 50 mg/kg by
solidification/stabilization and placement of the treated soil in the
onsite containment area,
0
Offsite disposal of soil with PCBs greater than 50 mg/kg,
0
Capping the new waste containment area with a geosynthetic clay liner
(GCL) instead of compacted silt,
0
Flattening the cap profile to allow for reuse of the land, and
0
Develop permanent institutional controls that will be attached to the
property and transfer with the land.
Response Actions
EPA was negotiating an Agreement on Consent (AOC) with DOD when the
remedial actions were begun. The final AOC was signed on December 11,
2003. The other PRPs did not participate in the cleanup actions. The
cleanup activities that were conducted had two major objectives; to
implement the ROD including the ESD changes; and to remove or
demilitarize any ordnance or potentially explosive items. A Remedial
Action Work Plan for the ROD which specified soil cleanup activities
was issued in May 2003. Implementation of the soil remedy began in June
2003. The CERCLA remedial actions included:
0
Relocating, sorting, and decontamination of salvage material,
ancillary scrap (transformers, compressed gas cylinders, etc.), and
debris to access the contaminated soil beneath;
0
Excavation and stockpiling of contaminated soils with concentrations
greater than 1,000 mg/kg lead or 10 mg/kg PCBs and off-property soils
with concentrations greater than 400 mg/kg lead and/or 1 mg/kg PCBs;
0
Excavation and segregation of soil with concentrations of PCBs greater
than 50 mg/kg; dioxin concentrations greater than 0.44 ug/kg; DDD
concentrations greater than 21 mg/kg; and/or DDT concentrations greater
than 15 mg/kg;
0
Shipment of dioxin-, DDT-, and DDD-contaminated soil and soil with
greater than 50 mg/kg PCBs offsite for disposal;
0
Solidification/stabilization of contaminated soil containing lead at
concentrations greater than 1,000 mg/kg, and soil with greater than 10
mg/kg but less than 50 mg/kg PCB;
0
Placement of stabilized soils into a containment area, which also
encompasses the old existing landfill located in the southwestern
section of the site; and
0
Capping the stabilized soil in the containment area and the existing
landfill with a GCL cap.
Operation and Maintenance
Pursuant to the Administrative Order of Consent dated December 11,
2003, the long-term groundwater monitoring and the operations and
maintenance (O&M) actions will be performed by DOD for the first five
years, ending in September 2008. There are seven existing onsite
groundwater monitoring wells that will be used for the long-term
monitoring. There are three wells specifically downgradient of the new
containment cell and one upgradient. The three other wells included in
the long-term monitoring are along the northern property boundary.
Provisions are included to extend this commitment as needed to maintain
the site. The current O&M plan includes semi-annual groundwater
monitoring and assessment of cap integrity.
Institutional Controls
The institutional controls relating to site access and land use
restrictions were not part of the Administrative Order, but were made
part of a State of Alaska action using a document called ``Conservation
Easement,'' recorded on September 21, 2004. This type of enforceable
document was used at Arctic Surplus because there was no Settlement
Document, i.e., consent decree, signed by all of the PRPs, only an
Administrative Order with DOD. The signatories to the Conservation
Easement for Arctic Surplus are the property owners, who have agreed to
the terms of the Conservation Easement. The administration and
enforcement of this document for Arctic Surplus was delegated to ADEC
by the Alaska Department of Natural Resources (ADNR) by a Management
Right Assignment dated September 29, 2004. This Assignment has been
filed by ADNR for the State of Alaska. This Conservation Easement
document also includes EPA as a partner to ADEC for management and
enforcement. ADEC has the responsibility to implement the Conservation
Easement as an institutional control, and will provide EPA and the PRPs
with a notice of any problems based on any site inspections.
Five-Year Review
Hazardous substances remain at the Site above levels that allow
unlimited use and unrestricted exposure after the completion of the
remedial action. Pursuant to CERCLA section 121(c) and as provided in
the current guidance on Five-Year Reviews: OSWER Directive 9355.7-03B-
P, Comprehensive Five-Year Review Guidance, dated June 2001, EPA must
conduct a statutory Five-Year Review. The first Five-Year Review Report
will be completed by December 22, 2008.
Community Involvement
EPA held nine public meetings, issued 13 fact sheets and published
notices of three public comment periods in the Federal Register and in
local newspapers. The meetings and fact sheets focused on CERCLA-
required comment periods, informational meetings, enforcement actions,
alternative analysis or schedule announcements, and public involvement
sessions. Since completion of remedial actions there have been minimal
public comments.
Applicable Deletion Criteria
One of the three criteria for deletion specifies that EPA may
delete a site from the NPL if ``responsible parties have implemented
all appropriate response actions required.'' EPA, with the concurrence
of the State of Alaska, believe that this criterion for deletion has
been met. There is no significant threat to human health or the
environment and, therefore, no further remedial action is necessary.
State Concurrence
In a letter dated May 23, 2006, from the Alaska Department of
Environmental Conservation (ADEC), ADEC concurs with the proposed
deletion of the Arctic Surplus Site from the NPL.
V. Deletion Action
The EPA, with concurrence of the State of Alaska, has determined
that all appropriate responses under CERCLA have been completed, and
that no
[[Page 42602]]
further response actions, under CERCLA, other than O&M and five-year
reviews, are necessary. 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. This action will
be effective September 25, 2006 unless EPA receives adverse comments by
August 28, 2006. 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. In this case, EPA 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. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: July 18, 2006.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.
0
For the reasons set out in the preamble, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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]
0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
for ``Arctic Surplus, Fairbanks, Alaska.''
[FR Doc. E6-11809 Filed 7-26-06; 8:45 am]
BILLING CODE 6560-50-P