National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Barceloneta Landfill Superfund Site, 51266-51271 [2011-21123]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51266-51271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21123]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL- 9452-3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Barceloneta Landfill 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region II is 
publishing a direct final Notice of Deletion of the Barceloneta 
Landfill Superfund Site (Site), located in Florida Afuera, Puerto Rico, 
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 an 
appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final deletion is being published 
by EPA with the concurrence of the Commonwealth of Puerto Rico, through 
the Puerto Rico Environmental Quality Board, because EPA has determined 
that all appropriate response actions under CERCLA, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES: This direct final deletion is effective October 3, 2011 unless 
EPA receives adverse comments by September 19, 2011. 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-1983-0002, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: Luis E. Santos, Remedial Project Manager, 
santos.luis@epa.gov.
     Fax: 787-289-7104.
     Mail: Luis E. Santos, Remedial Project Manager, U.S. 
Environmental Protection Agency, Region II, Caribbean Protection 
Division, Centro Europa Building, Suite 417, Ponce de Le[oacute]n

[[Page 51267]]

Ave., Stop 22, San Juan, Puerto Rico 00907-4127.
     Hand delivery: U.S. Environmental Protection Agency, 
Region II, Caribbean Protection Division, Centro Europa Building, Suite 
417, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127. 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-SFUND-
1983-0002. 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 address 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. 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 the hard 
copy. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region II, Superfund Records 
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.

     Or

U.S. Environmental Protection Agency, Region II, Caribbean 
Environmental Protection Division, Centro Europa Building, Suite 417, 
1492, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127, Phone: (787) 977-5802, Hours: 8:30 a.m. to 4:30 p.m.--Monday 
through Friday (excluding holidays), Contact: Luis E. Santos.

FOR FURTHER INFORMATION CONTACT: Luis E. Santos, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, telephone at 
(787) 977-5824; fax at 787-289-7104; or e-mail at santos.luis@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region II is publishing this direct final Notice of Deletion of 
the Barceloneta Landfill Superfund Site (Site), from the National 
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 
300, which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to section 105 
of the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of 
sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
As described in 300.425(e) (3) of the NCP, sites deleted from the NPL 
remain eligible for Fund-financed remedial actions if future conditions 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective October 3, 2011 unless EPA 
receives adverse comments by September 19, 2011. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of 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 Barceloneta Landfill 
Superfund 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

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    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 the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the Commonwealth of Puerto Rico prior to

[[Page 51268]]

developing this direct final Notice of Deletion and the Notice of 
Intent to Delete co-published today in the ``Proposed Rules'' section 
of the Federal Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the Commonwealth, through the Puerto Rico 
Environmental Quality Board, has concurred on the deletion of the Site 
from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, El 
Norte y Puerto Rico Daily Sun. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and 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 a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
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 Site Deletion

    The following summary provides the Agency's rationale for 
recommending deletion of the Barceloneta Landfill Superfund Site from 
the NPL:

Site Background and History

    The Barceloneta Landfill, an inactive non-hazardous domestic and 
industrial waste disposal facility, is located in Barceloneta, Puerto 
Rico on the north coast of the island, approximately 20 miles due west 
of San Juan. The Landfill is about 4.5 kilometers south of the Town of 
Barceloneta in Florida Afuera Ward. The property which contains the 
Barceloneta Landfill is approximately 32.6 hectares (80.6 acres) in 
size and is owned by the Municipality of Barceloneta. The Landfill is 
surrounded by a tropical forest. The Quebrada Cimarrona, a tributary of 
the Rio Grande de Manat[iacute], is located 0.8 kilometers north of the 
Landfill. A small residential area of approximately 150 residences in 
Barrio Bajura Adentro is located approximately one kilometer east of 
the Landfill. Approximately two kilometers north of the Landfill, in an 
area with more gentle topographic relief, there are a series of 
manufacturing facilities. The nearest village is Cruce Magueyes, 
located approximately two kilometers to north-west of the Landfill. The 
residences in the area of the Landfill are served by a public water 
supply system that uses ground water as a source.
    The property contained three surface depressions which were used 
for waste disposal. These waste disposal areas are known as the 
northern, southern, and southeastern disposal areas. Each disposal area 
was located in a depression or ``sumidero'' (sinkhole) that is 
surrounded by conical limestone hills referred to as ``mogotes''. The 
three waste disposal areas cover about 15 acres. The northern disposal 
area is separated into two sections by an access road. The southern 
disposal area was also known as the Superfund disposal area or ``El 
Superfondo''. The northern and southern disposal areas were filled and 
inactive at the time of the 1996 Record of Decision (ROD). The 
southeastern disposal area remained active until December 31, 1998. 
Although the southern disposal area was known as the Superfund disposal 
area, all three disposal areas are covered by the Superfund National 
Priorities List (NPL) site listing and were addressed under CERCLA.
    The Barceloneta Landfill is located in a belt of rugged karst 
topography that extends along the north coast from 30 kilometers (19 
miles) east of San Juan to the west of the island. In the vicinity of 
the Site, this belt is located from about one kilometer south of the 
coast to about 20 kilometers (12 miles) inland. North (seaward) of this 
rugged karst region is a belt of relatively flat coastal plain 
sediments. South (landward), the rugged karst terrain transitions into 
the central mountainous core of the island. Features of this karst 
landscape include numerous sumideros, steep scarp cliffs on the mogotes 
and adjoining ridges which surround the sumideros, and a lack of 
surface streams or drainage features associated with individual 
sumideros.
    The Site is underlain by the northern limestone province of Puerto 
Rico which consists of blanket deposits, the Aymamon Limestone, the 
Aguada Limestone, the Cibao Formation, and the Lares Formation. 
Groundwater exists under unconfined conditions in the Aymamon and 
Aguada Limestones and under confined conditions in the Cibao and Lares 
Formations. Groundwater flow is to the north.
    Groundwater in this area of the northern province discharges to the 
Rio Grande de Manat[iacute] (river) and the Cano Tiburones (wetlands) 
which are 2.7 kilometers (1.7 miles) north of the Site. Groundwater 
also feeds the Ojo de Guillo spring located 1 kilometer (0.6 miles) 
northeast of the Site.
    The property on which the Barceloneta Landfill is located was 
purchased by the Municipality of Barceloneta during the early 1970s. 
Preparation of the Site for landfill use began in April 1972, and the 
landfill operations commenced in August 1973. Reportedly, the Landfill 
was initially approved to receive both municipal and industrial waste, 
but was restricted to only municipal waste disposal in 1975. However, 
disposal of industrial wastes appears to have continued past 1975. 
Specific dates of active filling in each of the three disposal areas 
are difficult to determine given the lack of detailed record keeping. 
The Puerto Rico Environmental Quality Board (EQB) has information which 
indicates that the Landfill (all three disposal areas) was used in the 
late 1970's for disposal of wastes which contained hazardous 
substances. Personnel from EQB and the Department of Health conducted 
numerous inspections of the Site and listed various violations. These 
violations included: Insufficient cover material; allowing refuse to 
burn; the presence of flies, rats and mosquitoes; allowing unlimited 
access to the Landfill; and, allowing people to inhabit structures in 
the Landfill. The Site was proposed for inclusion on the NPL in 
December 1982 (47 FR 58476), and was subsequently approved and listed 
as an NPL site in September 1983 (48 FR 40658). No activities were 
conducted using EPA removal authority at this site. The site property 
consists mainly of forested areas which provide a habitat for various 
plant, insect and animal species. In order to protect the landfill cap, 
trees will not be allowed to grow on the capped area. However, grasses 
will be permitted to grow and it is expected that the landfill areas 
will be comparable to surrounding ecology. No reuse is planned for the 
site.

[[Page 51269]]

Remedial Investigation/Feasibility Study
    In 1984, a Remedial Action Master Plan (RAMP) was prepared by an 
EPA contractor for the Site. Based on the RAMP, a Remedial 
Investigation and Feasibility Study (RI/FS) Work Plan was developed. In 
September 1990, Consent Order was signed in which ten Settling 
Defendents (SDs) agreed to perform the RI/FS for the Site. Pursuant to 
the Work Plan, sampling of subsurface soils, ground water and surface 
water was completed. The first phase of the RI was completed in 1992 
and the second phase of the RI field work was completed in January 
1994. A final RI report was received by EPA in March 1995 and the 
streamlined Risk Assessment was completed in May 1995. An abbreviated 
Final FS was conducted in accordance with EPA's Presumptive Remedy 
approach and was received by EPA in September 1995.
    Consistent with EPA's Presumptive Remedy approach, EPA conducted a 
streamlined baseline Risk Assessment by comparing the levels of 
contaminants in ground water to MCLs. These levels were exceeded, 
indicating that the Landfill is a source of contamination to the ground 
water and therefore remedial measures are necessary to protect human 
health and the environment. EPA's Risk Assessment indicated that the 
levels of contaminants present in the ground water pose a relatively 
low long-term threat to the human health. However, if no action were to 
be taken with respect to the Landfill, the continued release of 
contaminants into ground water could potentially result in a greater 
risk at some point in the future. Therefore, based on the results of 
the Risk Assessment, it was determined that actual or threatened 
release of hazardous substances from this Site present a threat to 
public health, welfare, or the environment.

Selected Remedy

    On July 5, 1996, the Regional Administrator signed a ROD. The 
following remedial action objectives were established for the Site:
     To prevent direct contact with waste material;
     To reduce or eliminate the potential for the Landfill 
disposal areas to release hazardous substances to ground water;
     To reduce or eliminate the potential for migration of 
hazardous substances to ground water downgradient of the Landfill;
     To prevent the migration of and control Landfill gas; and
     To minimize any potential future impacts of hazardous 
substances that may migrate into environmental media.

The major components of the selected remedy are as follow:

     Installing a low permeability cover system for the three 
Landfill cells meeting the requirements of the RCRA Subtitle D and 
Puerto Rico's Regulations Governing Landfill Closure. This cover system 
or landfill cap(s) will further reduce infiltration of precipitation 
water into the landfill and reduce leachate generation thus mitigating 
impacts to ground water.
     Regrading the Site and installing storm water management 
improvements at the Site to reduce infiltration of storm water into the 
Landfill and reduce leachate generation.
     Conducting long term ground water and surface water 
monitoring to evaluate the effectiveness of the cover system. It is 
anticipated that monitoring will be conducted on a quarterly basis for 
the first year, semi-annually for the next four years, and then 
annually. Monitoring will include the eight existing monitoring wells. 
Initially, the wells will be sampled for a broad parameter list. The 
list has been developed based on constituents detected above Safe 
Drinking Water Act Maximum Contaminant Levels in the Remedial 
Investigation and on the requirements of the RCRA Subtitle D and Puerto 
Rico's Regulation Governing Landfill Closure (RMNHSW). After the first 
five years, the parameter list would be reviewed and those parameters 
not detected above standards would be omitted. The exact long term 
ground water monitoring program will be further defined remedial design 
(RD).
     Conducting a landfill gas survey during predesign to 
determine the necessity of a landfill gas collection system. The 
appropriate type of system, if necessary, will be determined during RD.
     Implementing a long term operation and maintenance program 
for the cover system which will include inspection of the system and 
provision for repair.
     Recommending to appropriate authorities that institutional 
controls be emplaced. Institutional controls are recommended in order 
to protect the integrity of the landfill cover system and to reduce 
potential exposure to landfill contents. The institutional controls 
will include recommending that zoning restrictions be applied to the 
Site to limit future land use and recommending that a deed restriction 
be established to limit future land and ground-water use.
     Installing a perimeter fence with signs to restrict 
access.
     Reevaluating Site conditions at least once every five 
years to determine if a modification of the selected remedy is 
necessary.

Response Actions

    A September 30, 1997 Consent Decree (CD) memorialized a settlement 
whereby ten parties agreed to implement the remedy which was selected 
in the ROD. The SDs hired M&S Ingenieria y Ciencia Asociados who 
prepared remedial design plans and specifications, which EPA approved 
on September 17, 1999. On December 16, 1999, EPA approved the Remedial 
Action Work Plan and M&S Ingenieria y Ciencia Asociados as the Settling 
Defendants proposed a remedial action contractor.
    During the RD activities a new area of waste disposal was 
discovered at the Site outside the limits of the three waste cells 
delineated for closure in the ROD. The waste was located in a sinkhole 
which lies immediately to the east of the Superfund cell. In agreement 
with EPA & EQB, the SDs relocated this waste material and performed a 
clean closure. This waste was incorporated and capped with the waste in 
Superfund disposal area.
    The gas venting system was constructed on the Site. The gas venting 
system is monitored by the PRPs' contractor and results reviewed by 
EPA. The system is functioning as intended and it is not a necessity 
landfill gas collection system.
    The groundwater monitoring program was developed during the RD 
phase: The system included the eight existing monitoring wells. It was 
determined that groundwater sampling would be conducted quarterly for 
the first year, semi-annually for the next four years, and then 
conducted annually. It was determined that the wells would be sampled 
for a broad parameter list developed based on constituents detected 
above MCLs and SDWS in the RI, RCRA Subtitle D requirements, and Puerto 
Rico's Regulation Governing Landfill Closure. This initial list of 
parameters included:
     Volatile Organic Compounds of Concern (VOCs). Only l,l-
dichloroethane was detected above MCLs during the RI. However, a more 
conservative approach that included the complete EPA Method Scan for 
volatile organic compounds was implemented.
     Metals of Concern include mercury, chromium, manganese and 
nickel. These were detected above MCLs and SDWS during the RI.
    After the first five years, the parameter list would be reviewed 
and those parameters not detected above standards would be omitted; The 
O&M Plan, dated March 28, 2000, and approved by EPA, establishes the 
criteria used to reevaluate and modify

[[Page 51270]]

the number of wells and list of parameters sampled.
    EPA approved early Remedial Actions to be carried out prior to the 
final approval of the Remedial Design Report. These activities included 
the excavation and stockpiling of clay and the excavation and 
relocation of waste from the discovered waste area. These activities 
were started on September 7, 1999. The Remedial Action on-site 
construction started in January 24, 2000 and was completed on August 
30, 2000.
    On September 5, 2000, EPA and the State conducted a prefinal 
inspection and notified the Settling Defendants to proceed with the 
development of the draft Remedial Action (RA) Report. Punch list items 
identified during the prefinal inspection will be addressed in the 
final inspection. On September 27, 2001, EPA approved the final RA 
Report.
    The Municipality of Barceloneta has implemented the Institutional 
Controls at the Site. The Institutional Controls including zoning 
restrictions and a deed restriction are in place. These controls were 
implemented at Barceloneta Landfill Deed on February 22, 2010.
Cleanup Goals
    The ROD called for conducting long-term groundwater monitoring to 
evaluate the effectiveness of the cover system, ensure that the 
concentrations of contaminants in the groundwater are decreasing over 
time, and monitor the natural attenuation of contaminants within the 
plume.
    MW-3, has had only one parameter, 1,1-dichloroethene, exceeding 
MCLs during the two years of monitoring. However, on two consecutive 
monitoring periods (March 2003 and October 2003), the results for 1,1-
dichloroethene were non-detect and 4.9 mg/l, respectively, and below 
the MCL of 7 mg/l. Based on the June 2004 groundwater monitoring report 
for the Site and according to the criteria in the O&M Plan, on 
September 2004, groundwater monitoring was reduced to five of the 
original eight wells and to the following parameters: mercury, 
chromium, manganese and nickel. These five wells are currently sampled 
annually. Mercury and chromium are monitored to ensure that levels 
remain below MCLs. Chromium was identified below the MCLs for three 
consecutive monitoring events it was omitted from the parameter list 
according to the O&M Plan, dated March 28, 2000. Since the ROD was 
signed, the MCL and MCLG were remanded for nickel. As a result, EPA no 
longer has an enforceable legal limit for nickel in drinking water. 
Therefore, mercury, nickel and manganese contaminant concentrations are 
still monitoring but there is no MCL threshold. The remaining five 
wells (MW-1, MW-4, MW-6, MW-7 and MW-8) are currently sampled annually.
    Since 2004, the results of the Site Groundwater Analytical Results 
are summarized on a well by well basis below:
     MW-1, the background well, had concentrations below MCLs 
and SDWS for manganese, mercury and nickel during the Spring 2011 
sampling event. These results showed similar concentrations to the last 
annual sampling event in March 2010.
     MW-4, located in the middle of the site, had 
concentrations of mercury below the MCL of 0.002 mg/L (0.00132 mg/L) 
during the Spring 2011 sampling event. These concentrations have 
decreased since 2004. Manganese and nickel were below SDWS during this 
sampling event.
     MW-6, a downgradient well, had concentrations of mercury 
below the MCL of 0.002 mg/L during the Spring 2011 sampling event. 
These concentrations have been consistently below the MCL since 2004. 
Nickel was found at a concentration of 0.192 mg/L. Concentrations of 
nickel at this well continue to decrease compared to previous sampling 
events. Manganese was detected above the SDWS and shows concentrations 
similar to the March 2010 sampling event.
     MW-7, a downgradient well, had concentrations of mercury, 
nickel and manganese below MCLs and SDWS. The last sampling event of 
March 2010 also showed concentrations similar to this sampling event.
     MW-8, a downgradient well, had concentrations of mercury, 
nickel and manganese below MCLs and SDWS. The last two sampling events, 
October 2009 and March 2010, show all parameters below MCLs and SDWS.
    In summary, all wells monitored at the site show contaminants below 
MCLs. Although nickel and manganese are present in groundwater, these 
contaminants do not have an enforceable MCL and will continue to be 
monitored.
Operation and Maintenance
    Currently, five groundwater monitoring wells are sampled and 
analyzed on an annually basis for mercury, manganese and nickel, and 
the results are compared to the Maximum Contaminant Levels or Secondary 
Drinking Water Standards identified in the Record of Decision. The five 
groundwater monitoring wells are designated MW-1, MW-4, MW-6, MW-7 and 
MW-8 will continue to be monitored by annual inspections and the five-
year review process.
Five-Year Review
    Hazardous substances were not remediated to levels that would allow 
for unlimited use and unrestricted exposure, therefore the five-year 
review requirement of Section 121(c) of CERCLA, as amended, is 
applicable. On August 2005 and 2010 respectively, two five-year reviews 
(FYR) were conducted. In August 2010, the FYR concluded that the remedy 
at the Barceloneta Landfill currently protects human health and the 
environment in the short term because all remedy components are 
functioning as intended and institutional controls are in place to 
prevent exposure to contaminated groundwater. In order for the remedy 
to be protective in the long term, the O & M plan should be reviewed to 
ensure that the appropriate monitoring wells are being sampled and the 
correct analytes are being reported.
    Since the FYR was conducted, EPA requested the PRP to review the O 
& M plan to ensure that the appropriate monitoring wells are being 
sampled and the correct analytes are being reported. It was concluded 
that the correct monitoring wells are being sampled and the appropriate 
parameters are being evaluated and reported. However, because Chromium 
was identified below the MCL for three consecutive periods, it was 
omitted from the parameter list. The groundwater will continue to be 
monitored annually based on the criteria identified in the 2000 O&M 
Plan.
    In addition, the ROD stated that surface water monitoring would be 
conducted. After the FYR was completed, it was concluded that surface 
water sampling would not be conducted because there was no surface 
waters present at the Site. The nearest surface water is the Ojo de 
Guillo, a spring located 1 kilometer (0.6 miles) northeast of the Site. 
Therefore, this recommendation was not implemented.
    The next FYR will be completed on or before August 30, 2015.
Community Involvement
    Public participation activities for this Site have been satisfied 
as required in CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and 
9617. Throughout the remedial process, EPA and the Puerto Rico 
Department of Environmental Quality have kept the public informed of 
the activities being conducted at the Site by way of public meetings, 
progress fact sheets, and the announcement through local newspaper 
advertisement on the availability of documents such as the RI/FS, Risk

[[Page 51271]]

Assessment, ROD, Proposed Plan and Five-Year Reviews.
Determination That the Site Meets the Criteria for Deletion in the NCP
    EPA has determined that this Site poses no significant threat to 
public health or the environment because the landfill has been capped, 
removing direct contact exposure (i.e., ingestion or dermal contact of 
soil) to the public. In addition, the Municipality of Barceloneta put 
in place deed restrictions for future land use and groundwater 
extraction. The potential impacts to the groundwater have been 
addressed and groundwater monitoring indicates MCLs are being met at 
the landfill unit boundary. Groundwater monitoring will continue to 
ensure groundwater protection continues to be achieved.

V. Deletion Action

    The EPA, with concurrence of the Puerto Rico Environmental Quality 
Board, has determined that all appropriate response actions under 
CERCLA, other than operation, maintenance, monitoring and five-year 
reviews have been completed. 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 October 3, 2011 unless EPA receives adverse comments by 
September 19, 2011. 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. 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: August 8, 2011.
Judith Enck,
Regional Administrator, Region 2.

    For the reasons set out in this document, 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:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923; 3 CFR, 1987 Comp., p. 193.


0
2. Table 1 of Appendix B to part 300 is amended by removing Barceloneta 
Landfill'', ``Florida Afuera, PR''.

[FR Doc. 2011-21123 Filed 8-17-11; 8:45 am]
BILLING CODE 6560-50-P