National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hipps Road Landfill Superfund Site, 81840-81844 [2011-33472]
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81840
Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP—Continued
Name of SIP provision
Applicable geographic
or nonattainment area
Interstate transport for the 1997 PM2.5 NAAQS
(contribute to nonattainment or interfere with
maintenance).
Interstate transport for the 2006 PM2.5 NAAQS
(contribute to nonattainment or interfere with
maintenance).
Statewide .....................
5/1/2007
Statewide .....................
4/5/2011
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–R04–SFUND–2011–0574; FRL–9612–
5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Hipps Road Landfill Superfund
Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is publishing a
direct final Notice of Deletion of the
Hipps Road Landfill Superfund Site
(Site), located in Jacksonville, Florida,
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 State of
Florida, through the Florida Department
of Environmental Protection, because
EPA has determined that all appropriate
response actions under CERCLA, other
than operation, maintenance, and fiveyear reviews have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
This direct final deletion is
effective February 27, 2012 unless EPA
receives adverse comments by January
30, 2012. 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.
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EPA approval date
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Explanation
12/29/11 [Insert FR
page number where
document begins].
12/29/11 [Insert FR
page number where
document begins].
Submit your comments,
identified by Docket ID no. EPA–R04–
SFUND–2011–0574, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• Email: miller.scott@epa.gov
• Fax: (404) 562–8896
• Mail: Scott Miller, Remedial Project
Manager, Superfund Remedial Branch,
Section C, Superfund Division, U.S.
EPA Region 4, 61 Forsyth Street SW.,
Atlanta, GA 30303.
• Hand delivery: Same address as
listed above. 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–R04–SFUND–2011–
0574. 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 email. 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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
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
ADDRESSES:
[FR Doc. 2011–33282 Filed 12–28–11; 8:45 am]
DATES:
State submittal
date
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 statue. 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. EPA Record Center, 61 Forsyth
Street SW., Atlanta, GA 30303; Hours:
8 a.m. to 4 p.m., Monday through
Friday. Jacksonville Public Library,
6886 103rd Street, Jacksonville, FL
32210; Monday–Thursday: 10 a.m.–9
p.m., Friday & Saturday: 10 a.m.–6 p.m.
Sunday: 1 p.m.–6 p.m.
FOR FURTHER INFORMATION CONTACT:
Scott Miller, Remedial Project Manager,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, GA 30303, (404) 562–9120,
email: miller.scott@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 4 is publishing this direct
final Notice of Deletion of the Hipps
Road Landfill (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
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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 February 27,
2012 unless EPA receives adverse
comments by January 30, 2012. 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 Hipps Road 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.
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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.
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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 State of
Florida prior to 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 Florida
Department of Environmental Protection
(FDEP) 30 working days for review of
this notice and the parallel Notice of
Intent to Delete prior to their
publication today, and the state, through
the FDEP, 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,
Florida Times-Union. 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
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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 information provides
EPA’s rationale for deleting the Site
from the NPL:
Site Background and History
The twelve acre Hipps Road Landfill
Site (EPA CERCLIS Identification
Number FLD980709802) is located on
the southeastern corner at the
intersection of Hipps Road and Exline
Road in Jacksonville Heights, Duval
County, Florida. Landfill operations
were conducted on approximately six
acres of the Site. The Site is surrounded
by a residential neighborhood. The
Site’s landfill area was initially a
cypress swamp. In 1968, property owner
G. O. Williams contracted with Waste
Control of Florida (WCF) to fill the lowlying areas of the property. Landfill
operations ceased in 1970 and were
covered by soil. In the early 1980s,
residents complained about unusual
tastes and odors in private water wells,
which led to investigations that
identified groundwater contamination.
The City of Jacksonville began to
provide residents with bottled water for
use as a potable water source. The City
of Jacksonville completed the extension
of a city water line to the affected area
in October 1983 and by September 1985,
all area residents were connected to the
public water system. WCF acquired the
residential properties in 1987. Waste
Management Corporation (WM)
inherited the Site property through its
acquisition of WCF. Surface water is not
used as a drinking water supply in the
area. Surface waters nearby are used for
recreational purposes such as
swimming, boating, and fishing. There
are no ecologically sensitive areas near
the Site, which is situated above the
500-year flood plain. WM, the current
landowners, have expressed interest in
using the Site as a wildlife habitat area.
The Site was proposed to the NPL in
September 1983 (48 FR 40674) and was
finalized to the NPL on September 21,
1984 (49 FR 37070).
Remedial Investigation and Feasibility
Study (RI/FS)
In May 1986, EPA presented the
results of the RI/FS, which included
geophysical investigations, soil
sampling, and groundwater sampling to
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characterize the Site. The results
indicated that Site groundwater was the
media of concern, and the migration of
contaminants would occur in the lower
sand aquifer located to the northeast of
the landfill.
The contaminants of concern (COCs)
identified at the Site in the Site’s 1990
ROD Amendment were bis (2ethylhexyl) phthalate, chlorobenzene,
chromium, 1,4-dichlorobenzene, trans1,2-dichloroethylene, ethyl benzene,
lead, naphthalene, and vinyl chloride.
The risk assessment conducted during
the FS concluded that none of the
compounds detected in Site soil were
present at concentrations of
toxicological concern. The RI/FS was
completed in September 1986.
Seven groundwater and five soil
remedial actions were retained for
detailed evaluation in the FS and were
evaluated based on the National
Contingency Plan decision criteria
found at 40 CFR 300.430(e)(9) and
include nine separate criteria used to
evaluate each combination of remedial
alternatives.
Selected Remedy
The ROD was released on September
3, 1986. The remedy for the Site
included the following components:
• Proper landfill closure in a manner
consistent with all applicable federal,
state and local requirements.
• Recovery of contaminated
groundwater with treatment at the
publicly owned treatment works
(POTW).
• Long-term monitoring of
groundwater.
• Operation and maintenance
includes upkeep of the landfill cap,
groundwater monitoring, and
maintenance of the groundwater
recovery system. O&M will continue for
at least 20 years after the final
groundwater recovery operation.
• Institutional controls may include,
but are not limited to, fencing the site,
continuance of the local well drilling
prohibition, land use restrictions,
grouting existing private wells, and
public or PRP acquisition of private
lands.
In September 1990, EPA amended the
ROD to provide for on-Site groundwater
treatment and disposal as a more cost
effective treatment alternative to
disposal of groundwater to the publiclyowned treatment works (POTW). The
1990 ROD Amendment changed the
remedy to the recovery of groundwater
from five recovery wells; treatment of
contaminated groundwater by air
stripping; and the use of an on-Site
holding pond for disposal of treated
groundwater.
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In August 1994, EPA issued an ESD
to alter the method by which the
abandonment of private wells impacted
by the Site groundwater was achieved.
In June 1996, EPA issued a second ESD
to address operating difficulties at the
groundwater treatment system during
excessive rainfall and/or effluent
discharges. During this situation, the
high water level switch in the holding
pond would trigger a system shutdown.
In an effort to keep the treatment system
operational, the ESD allowed for the
periodic discharge of treated
groundwater to the local POTW during
high water levels in the holding pond.
In July 2004, EPA issued a third ESD,
which changed the existing pump-andtreat recovery system to a monitored
natural attenuation (MNA) plan to
complete remediation of remaining
groundwater contaminants.
Response Actions
On May 22, 1989, the landfill closure
design was completed. The Remedial
Design used a standard municipal cap
design consisting of:
a. General earthfill cover to provide a
crown over the landfill area with a
minimum grade of 2.5 percent towards
the perimeter of the landfill.
b. One foot of low-permeability clay
having a permeability of 1 × 10¥6 cm/
s or less.
c. Two feet of vegetative soil cover
and vegetative cover.
The Remedial Action construction for
both the landfill closure and
groundwater treatment system began in
October 1989 and was completed on
September 2, 1993, as documented in
the September 9, 1994, Preliminary
Closeout Report. Construction of the
landfill cap was completed in April
1990 and final inspection of the landfill
cover was April 26, 1990. The complete
groundwater treatment system was
constructed from May through August
1993. The groundwater treatment
system included the installation of
recovery wells, air-stripping system, and
air blower system. Long-term
groundwater monitoring began on
March 15, 1994.
As recommended in the 2001 MNA
Pilot Study Report, the Remedial Goal
Verification Plan (RGVP) monitoring
program was replaced with the MNA
long-term monitoring program
beginning in September 2004. The MNA
long-term monitoring program called for
groundwater monitoring well sampling
semi-annually.
The wells included in the MNA longterm monitoring program fulfilled the
following four purposes: (1) Confirm
ongoing natural attenuation
mechanisms; (2) ensure that benzene
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and vinyl chloride concentrations
continue to be below cleanup goals; (3)
monitor benzene and vinyl chloride in
groundwater in areas in proximity to (or
upgradient of) potential receptors; and
(4) monitor the efficiency of the landfill
cap. The MNA long-term monitoring
program included the following tasks:
• Semi-annual hydraulic (water level)
monitoring of piezometers, monitoring
wells, and recovery wells, as specified
in the RGVP.
• Semi-annual groundwater sample
collection at upgradient wells TMW–1I
and TMW–5I; side-gradient wells
TMW–10I; and plume wells TMW–9I,
TMW–13I, and RW–2 for analyses of
volatile organic compounds (VOCs) via
EPA Method 8260B. EPA approved
discontinuing sampling and analysis of
MNA long-term monitoring program
wells TMW–7I, RW–3, TMW–6I, and
RW–1 on March 3, 2006. Concentrations
of benzene and vinyl chloride detected
in these monitoring wells were below
ROD cleanup criteria for four or more
consecutive quarters and satisfied the
cleanup criteria for the RGVP and MNA
monitoring program.
• Semi-annual field monitoring of the
following parameters where
groundwater samples were collected:
dissolved oxygen, oxidation reduction
potential, conductivity, pH, and
temperature.
• Annual groundwater sample
collection for the analyses of
biogeochemical parameters and
dissolved gases, and field analysis of
alkalinity, sulfide, and ferrous iron.
Groundwater monitoring occurred
semi-annually and associated reports
were submitted to EPA semi-annually.
Off-Site wells were sampled until
cleanup goals were achieved for four
consecutive sampling events in
February 2010.
Since the Site’s 2005 Five Year
Review, the landfill cover, infiltration
pond, and security fencing were
inspected semi-annually; each Site
inspection found that they were
properly maintained. In addition, each
semi-annual report has shown that:
• Site security, including a locked
gate and perimeter fencing with
appropriate notice signs, was in place.
• Stormwater management features
were functioning as designed.
• The landfill cover was inspected.
• No adverse conditions were
observed.
The Site has two institutional controls
in place that provide protection to
potential receptors. The Site lies within
a Florida Groundwater Delineation Area
found at Florida Administrative Code
(FAC) 62–524, which restricts
placement of new wells on the property
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and surrounding areas. This regulation
was codified on March 25, 1990. The
Site also lies within the jurisdiction of
the St. John’s River Water Management
District (SJRWMD), which implements
water supply well permitting controls
and restricts groundwater withdrawals.
A restrictive covenant recorded in the
Duval County real estate records for the
five parcels that constitute the Site
restricts land use so that there would be
no land disturbance which would effect
the integrity of the final landfill cover or
any component of the containment
system without approval from the EPA
Region 4 Regional Administrator. This
restrictive convenant was recorded on
January 24, 1988.
Cleanup Goals
Groundwater sampling data from
September 2005 through September
2009 has been reviewed to determine
cleanup goal attainment. In addition,
groundwater sampling results of three
off-Site wells, TMW–91, TMW–131 and
RW–2, were reviewed from November
2009 and February 2010. No COCs have
been detected in any off-Site well since
2008. No COCs have been detected
above cleanup goals in on-Site wells
since the 2005 Five Year Review.
TABLE 1—CONTAMINANTS OF CONCERN AND THEIR CLEAN UP GOALS
Contaminants of concern
Clean up
goals (μg/L)
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Benzene ................................
Chlorobenzene .....................
Chromium .............................
1,4-dichlorobenzene .............
Trans-1,2-dichloroethylene ...
Ethyl benzene .......................
Lead ......................................
Naphthalene .........................
Vinyl chloride ........................
1
100
100
75
100
700
15
140
1
Through the Fifty-First Monitoring
and Maintenance Report monitoring
period which has groundwater
monitoring data obtained from April 1,
2009 to September 20, 2009, only three
MNA monitoring wells (TMW–91,
TMW–131, and RW–2) had not achieved
the ROD cleanup criteria of four
consecutive sampling events with
results below cleanup goals. Benzene
was detected above the cleanup goal of
1 mg/L in the three wells at
concentrations ranging from 1.0 to 4.5
mg/L. Vinyl chloride was detected above
the cleanup goal of 1 mg/L in RW–2 once
in October 2005 and in TMW–131 in
March and September 2006 and March
2007. Additional sampling of TMW–91,
TMW–131 and RW–2 was performed in
November 2009 and February 2010. The
March 2010 Final Monitoring and
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Maintenance Report and Site Delisting
Request included the supplemental
TMW–91, TMW–131, and RW–2
sampling results, which found no COCs
above cleanup goals. No COCs were
detected above cleanup goals in the
February, September, and November
2009 and February 2010 sampling. As of
February 2010, all monitoring wells
have met the ROD criteria of meeting
cleanup goals for four consecutive
monitoring events.
Operation and Maintenance
Waste Management designed and
implemented an Operation and
Maintenance Plan to ensure the longterm effectiveness of the ROD remedial
elements. This Operations and
Maintenance Plan was submitted on
May 17, 1994. This Plan addressed
maintaining the integrity and
effectiveness of the final cover,
including repairing the landfill cover;
maintenance and sampling of the
groundwater monitoring network; and
protecting and maintaining surveyed
benchmarks associated with
institutional controls.
Five-Year Review
Since hazardous substances are
present onsite above levels allowing for
unlimited use and unrestricted
exposure, statutory Five Year Reviews
will be conducted by EPA every five
years, pursuant to CERCLA Section 121
(c) and as provided in OSWER Directive
9355.7–03B–P, Comprehensive FiveYear Review Guidance (EPA, 2001). The
purpose of these reviews is to ensure
that the Site remedy remains protective
of human health and the environment.
The first Five Year Review at the Site
was conducted in February 1996, the
second in July 2000, the third in
September 2005, and the fourth in July
2010.
The Fourth Five-Year Review
concluded that remedial actions at the
Hipps Road Landfill Superfund Site are
protective of human health and the
environment in the short term, and
exposure pathways that could result in
unacceptable risks are being controlled.
In order for the site to remain protective
in the long-term, the Site needed to be
assessed to determine if ICs are
necessary to prevent inappropriate land
use. Further analysis of existing
groundwater use prohibitions related to
the delineated areas and examination of
the existing restrictive covenant indicate
that all institutional controls needed at
the Site have been implemented. EPA
will complete the next Five Year Review
by July 2015.
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Community Involvement
A public meeting was held on May 7,
1986, to present EPA’s proposed plan
for remedial action to the local
community. Since that time community
involvement activities, including
community interviews, have occurred
during each Five-Year review period
(1996, 2000, 2005, 2010). Copies of site
documents are in the designated Site
repository at the Jacksonville Public
Library, Webb-Wesconnett Regional
Branch located at 6887 103rd St.,
Jacksonville, Florida.
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,
Florida Times-Union. The newspaper
notice announces the 30-day public
comment period concerning the Notice
of Intent to Delete the Site from the
NPL.
Determination That the Site Meets the
Criteria for Deletion in the NCP
The NCP specifies that EPA may
delete a site from the NPL if ‘‘all
appropriate responsible parties or other
persons have implemented all
appropriate response actions required’’
or ‘‘all appropriate fund-financed
response under CERCLA has been
implemented, and no further response
action by responsible parties is
appropriate’’. EPA, with the
concurrence of the State of Florida
through the FDEP by a letter dated April
22, 2011, has determined that the Site
responsible party Waste Management
has implemented all appropriate
response actions required and no further
response action is required. Therefore,
EPA is proposing the deletion of the site
from the NPL. All of the completion
requirements for the site have been met
as described in the Hipps Road Landfill
Final Close Out Report (FCOR) dated
April 21, 2011.
V. Deletion Action
The EPA, with concurrence of the
State of Florida through the FDEP, 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 February 27,
2012 unless EPA receives adverse
comments by January 30, 2012. If
adverse comments are received within
the 30-day public comment period, EPA
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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: November 21, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
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.
2. Table 1 of Appendix B to part 300
is amended by removing the entry
‘‘Hipps Road Landfill’’, ‘‘Duval County’’
under FL.
■
[FR Doc. 2011–33472 Filed 12–28–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111219777–1775–02]
RIN 0648–BB52
Fisheries of the Northeastern United
States; Removal of Standardized
Bycatch Reporting Methodology
Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
This action removes
regulations implementing the Northeast
Region Standardized Bycatch Reporting
Methodology (SBRM). To comply with
the D.C. Circuit Court’s decision, NMFS
SUMMARY:
VerDate Mar<15>2010
16:16 Dec 28, 2011
Jkt 226001
announces that the Northeast Region
SBRM Omnibus Amendment is vacated
and all regulations implemented by the
SBRM Omnibus Amendment final rule
are removed. The intended effect of this
rule is to revise regulatory language to
refer specifically to the industry-funded
observer program in the scallop fishery.
DATES: Effective January 30, 2012.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2011, upon the
order of the U.S. Court of Appeals for
the District of Columbia Circuit, the U.S.
District Court for the District of
Columbia, in the case of Oceana, Inc. v.
Locke (Civil Action No. 08–318),
vacated the Northeast Region
Standardized Bycatch Reporting
Methodology (SBRM) Omnibus
Amendment and remanded the case to
NMFS for further proceedings
consistent with the D.C. Circuit Court’s
decision. To comply with the ruling,
NMFS announces that the Northeast
Region SBRM Omnibus Amendment is
vacated and all regulations
implemented by the SBRM Omnibus
Amendment final rule (73 FR 4736,
January 28, 2008) are removed.
The removal of regulations
implementing the SBRM Omnibus
Amendment is not an exact reversal of
the regulation amendatory instructions
as written in the January 28, 2008, final
rule. Some regulatory changes that
occurred subsequent to the SBRM
Omnibus Amendment final rule had to
be accommodated. The final rule
implementing the Annual Catch Limit
and Accountability Measure Omnibus
Amendment (76 FR 60606, September
29, 2011) reorganized the regulations for
some species managed by the MidAtlantic Fishery Management Council
and changed where SBRM provisions
were located. In addition, the final rule
implementing Amendment 11 to the
Atlantic Sea Scallop Fishery
Management Plan (FMP) (73 FR 20090,
April 14, 2008) and the final rule
implementing Amendment 3 to the
Northeast Skate Complex FMP (75 FR
34049, June 16, 2010) inadvertently
overwrote the SBRM provisions for
those fisheries. Therefore, this action
does not need to remove SBRM
provisions in those two fisheries.
This action removes the SBRM
section at § 648.18 and removes SBRMrelated items from the lists of measures
that can be changed through the FMP
framework adjustment and/or annual
specification process for the Atlantic
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
mackerel, squid, and butterfish; Atlantic
surfclam and ocean quahog; Northeast
multispecies, monkfish; summer
flounder; scup; black sea bass; bluefish;
Atlantic herring; spiny dogfish; deep-sea
red crab; and tilefish fisheries. This
action also makes changes to the
regulations regarding observer service
provider approval and responsibilities
and observer certification. The SBRM
Omnibus Amendment had authorized
the development of an industry-funded
observer program in any fishery, and the
final rule modified regulatory language
in these sections to apply broadly to any
such program. This action revises that
regulatory language to refer specifically
to the industry-funded observer program
in the scallop fishery, which existed
prior to the adoption of the SBRM
Omnibus Amendment.
Classification
The Assistant Administrator for
Fisheries finds it is unnecessary,
impracticable, and contrary to the
public interest to provide for prior
notice and an opportunity for public
comment. This action is required by
Court order and, therefore, NMFS has
no discretion in implementing this rule.
The September 15, 2011, Court order
requires NMFS to vacate the SBRM
Omnibus Amendment and the
implementing regulations. Public
comments will not affect the Court’s
order. Therefore, prior notice and the
opportunity for public comment,
pursuant to authority set forth at U.S.C.
553(b)(B), is unnecessary and
impracticable because of the Court
order.
This final rule is promulgated under
NMFS’ general rule making authority
specified at 16 U.S.C. 1855(d), and is
issued to bring the regulations into
compliance with the U.S. District Court
for the District of Columbia’s order
vacating the SBRM Omnibus
Amendment.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
Accordingly, no initial regulatory
flexibility analysis is required, and none
has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
E:\FR\FM\29DER1.SGM
29DER1
Agencies
[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81840-81844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33472]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-R04-SFUND-2011-0574; FRL-9612-5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Hipps Road Landfill Superfund
Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
publishing a direct final Notice of Deletion of the Hipps Road Landfill
Superfund Site (Site), located in Jacksonville, Florida, 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 State of Florida, through the Florida Department of
Environmental Protection, 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 February 27, 2012 unless
EPA receives adverse comments by January 30, 2012. 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-R04-
SFUND-2011-0574, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: miller.scott@epa.gov
Fax: (404) 562-8896
Mail: Scott Miller, Remedial Project Manager, Superfund
Remedial Branch, Section C, Superfund Division, U.S. EPA Region 4, 61
Forsyth Street SW., Atlanta, GA 30303.
Hand delivery: Same address as listed above. 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-R04-SFUND-
2011-0574. 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 email. 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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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 statue. 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.
EPA Record Center, 61 Forsyth Street SW., Atlanta, GA 30303; Hours: 8
a.m. to 4 p.m., Monday through Friday. Jacksonville Public Library,
6886 103rd Street, Jacksonville, FL 32210; Monday-Thursday: 10 a.m.-9
p.m., Friday & Saturday: 10 a.m.-6 p.m. Sunday: 1 p.m.-6 p.m.
FOR FURTHER INFORMATION CONTACT: Scott Miller, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, GA 30303, (404) 562-9120, email:
miller.scott@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 4 is publishing this direct final Notice of Deletion of
the Hipps Road Landfill (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
[[Page 81841]]
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 February 27, 2012 unless EPA
receives adverse comments by January 30, 2012. 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 Hipps Road 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 State of Florida prior to 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 Florida Department of Environmental
Protection (FDEP) 30 working days for review of this notice and the
parallel Notice of Intent to Delete prior to their publication today,
and the state, through the FDEP, 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, Florida
Times-Union. 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 information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The twelve acre Hipps Road Landfill Site (EPA CERCLIS
Identification Number FLD980709802) is located on the southeastern
corner at the intersection of Hipps Road and Exline Road in
Jacksonville Heights, Duval County, Florida. Landfill operations were
conducted on approximately six acres of the Site. The Site is
surrounded by a residential neighborhood. The Site's landfill area was
initially a cypress swamp. In 1968, property owner G. O. Williams
contracted with Waste Control of Florida (WCF) to fill the low-lying
areas of the property. Landfill operations ceased in 1970 and were
covered by soil. In the early 1980s, residents complained about unusual
tastes and odors in private water wells, which led to investigations
that identified groundwater contamination. The City of Jacksonville
began to provide residents with bottled water for use as a potable
water source. The City of Jacksonville completed the extension of a
city water line to the affected area in October 1983 and by September
1985, all area residents were connected to the public water system. WCF
acquired the residential properties in 1987. Waste Management
Corporation (WM) inherited the Site property through its acquisition of
WCF. Surface water is not used as a drinking water supply in the area.
Surface waters nearby are used for recreational purposes such as
swimming, boating, and fishing. There are no ecologically sensitive
areas near the Site, which is situated above the 500-year flood plain.
WM, the current landowners, have expressed interest in using the Site
as a wildlife habitat area. The Site was proposed to the NPL in
September 1983 (48 FR 40674) and was finalized to the NPL on September
21, 1984 (49 FR 37070).
Remedial Investigation and Feasibility Study (RI/FS)
In May 1986, EPA presented the results of the RI/FS, which included
geophysical investigations, soil sampling, and groundwater sampling to
[[Page 81842]]
characterize the Site. The results indicated that Site groundwater was
the media of concern, and the migration of contaminants would occur in
the lower sand aquifer located to the northeast of the landfill.
The contaminants of concern (COCs) identified at the Site in the
Site's 1990 ROD Amendment were bis (2-ethylhexyl) phthalate,
chlorobenzene, chromium, 1,4-dichlorobenzene, trans-1,2-
dichloroethylene, ethyl benzene, lead, naphthalene, and vinyl chloride.
The risk assessment conducted during the FS concluded that none of the
compounds detected in Site soil were present at concentrations of
toxicological concern. The RI/FS was completed in September 1986.
Seven groundwater and five soil remedial actions were retained for
detailed evaluation in the FS and were evaluated based on the National
Contingency Plan decision criteria found at 40 CFR 300.430(e)(9) and
include nine separate criteria used to evaluate each combination of
remedial alternatives.
Selected Remedy
The ROD was released on September 3, 1986. The remedy for the Site
included the following components:
Proper landfill closure in a manner consistent with all
applicable federal, state and local requirements.
Recovery of contaminated groundwater with treatment at the
publicly owned treatment works (POTW).
Long-term monitoring of groundwater.
Operation and maintenance includes upkeep of the landfill
cap, groundwater monitoring, and maintenance of the groundwater
recovery system. O&M will continue for at least 20 years after the
final groundwater recovery operation.
Institutional controls may include, but are not limited
to, fencing the site, continuance of the local well drilling
prohibition, land use restrictions, grouting existing private wells,
and public or PRP acquisition of private lands.
In September 1990, EPA amended the ROD to provide for on-Site
groundwater treatment and disposal as a more cost effective treatment
alternative to disposal of groundwater to the publicly-owned treatment
works (POTW). The 1990 ROD Amendment changed the remedy to the recovery
of groundwater from five recovery wells; treatment of contaminated
groundwater by air stripping; and the use of an on-Site holding pond
for disposal of treated groundwater.
In August 1994, EPA issued an ESD to alter the method by which the
abandonment of private wells impacted by the Site groundwater was
achieved. In June 1996, EPA issued a second ESD to address operating
difficulties at the groundwater treatment system during excessive
rainfall and/or effluent discharges. During this situation, the high
water level switch in the holding pond would trigger a system shutdown.
In an effort to keep the treatment system operational, the ESD allowed
for the periodic discharge of treated groundwater to the local POTW
during high water levels in the holding pond.
In July 2004, EPA issued a third ESD, which changed the existing
pump-and-treat recovery system to a monitored natural attenuation (MNA)
plan to complete remediation of remaining groundwater contaminants.
Response Actions
On May 22, 1989, the landfill closure design was completed. The
Remedial Design used a standard municipal cap design consisting of:
a. General earthfill cover to provide a crown over the landfill
area with a minimum grade of 2.5 percent towards the perimeter of the
landfill.
b. One foot of low-permeability clay having a permeability of 1 x
10-6 cm/s or less.
c. Two feet of vegetative soil cover and vegetative cover.
The Remedial Action construction for both the landfill closure and
groundwater treatment system began in October 1989 and was completed on
September 2, 1993, as documented in the September 9, 1994, Preliminary
Closeout Report. Construction of the landfill cap was completed in
April 1990 and final inspection of the landfill cover was April 26,
1990. The complete groundwater treatment system was constructed from
May through August 1993. The groundwater treatment system included the
installation of recovery wells, air-stripping system, and air blower
system. Long-term groundwater monitoring began on March 15, 1994.
As recommended in the 2001 MNA Pilot Study Report, the Remedial
Goal Verification Plan (RGVP) monitoring program was replaced with the
MNA long-term monitoring program beginning in September 2004. The MNA
long-term monitoring program called for groundwater monitoring well
sampling semi-annually.
The wells included in the MNA long-term monitoring program
fulfilled the following four purposes: (1) Confirm ongoing natural
attenuation mechanisms; (2) ensure that benzene and vinyl chloride
concentrations continue to be below cleanup goals; (3) monitor benzene
and vinyl chloride in groundwater in areas in proximity to (or
upgradient of) potential receptors; and (4) monitor the efficiency of
the landfill cap. The MNA long-term monitoring program included the
following tasks:
Semi-annual hydraulic (water level) monitoring of
piezometers, monitoring wells, and recovery wells, as specified in the
RGVP.
Semi-annual groundwater sample collection at upgradient
wells TMW-1I and TMW-5I; side-gradient wells TMW-10I; and plume wells
TMW-9I, TMW-13I, and RW-2 for analyses of volatile organic compounds
(VOCs) via EPA Method 8260B. EPA approved discontinuing sampling and
analysis of MNA long-term monitoring program wells TMW-7I, RW-3, TMW-
6I, and RW-1 on March 3, 2006. Concentrations of benzene and vinyl
chloride detected in these monitoring wells were below ROD cleanup
criteria for four or more consecutive quarters and satisfied the
cleanup criteria for the RGVP and MNA monitoring program.
Semi-annual field monitoring of the following parameters
where groundwater samples were collected: dissolved oxygen, oxidation
reduction potential, conductivity, pH, and temperature.
Annual groundwater sample collection for the analyses of
biogeochemical parameters and dissolved gases, and field analysis of
alkalinity, sulfide, and ferrous iron.
Groundwater monitoring occurred semi-annually and associated
reports were submitted to EPA semi-annually. Off-Site wells were
sampled until cleanup goals were achieved for four consecutive sampling
events in February 2010.
Since the Site's 2005 Five Year Review, the landfill cover,
infiltration pond, and security fencing were inspected semi-annually;
each Site inspection found that they were properly maintained. In
addition, each semi-annual report has shown that:
Site security, including a locked gate and perimeter
fencing with appropriate notice signs, was in place.
Stormwater management features were functioning as
designed.
The landfill cover was inspected.
No adverse conditions were observed.
The Site has two institutional controls in place that provide
protection to potential receptors. The Site lies within a Florida
Groundwater Delineation Area found at Florida Administrative Code (FAC)
62-524, which restricts placement of new wells on the property
[[Page 81843]]
and surrounding areas. This regulation was codified on March 25, 1990.
The Site also lies within the jurisdiction of the St. John's River
Water Management District (SJRWMD), which implements water supply well
permitting controls and restricts groundwater withdrawals. A
restrictive covenant recorded in the Duval County real estate records
for the five parcels that constitute the Site restricts land use so
that there would be no land disturbance which would effect the
integrity of the final landfill cover or any component of the
containment system without approval from the EPA Region 4 Regional
Administrator. This restrictive convenant was recorded on January 24,
1988.
Cleanup Goals
Groundwater sampling data from September 2005 through September
2009 has been reviewed to determine cleanup goal attainment. In
addition, groundwater sampling results of three off-Site wells, TMW-91,
TMW-131 and RW-2, were reviewed from November 2009 and February 2010.
No COCs have been detected in any off-Site well since 2008. No COCs
have been detected above cleanup goals in on-Site wells since the 2005
Five Year Review.
Table 1--Contaminants of Concern and Their Clean Up Goals
------------------------------------------------------------------------
Clean up goals
Contaminants of concern ([mu]g/L)
------------------------------------------------------------------------
Benzene................................................. 1
Chlorobenzene........................................... 100
Chromium................................................ 100
1,4-dichlorobenzene..................................... 75
Trans-1,2-dichloroethylene.............................. 100
Ethyl benzene........................................... 700
Lead.................................................... 15
Naphthalene............................................. 140
Vinyl chloride.......................................... 1
------------------------------------------------------------------------
Through the Fifty-First Monitoring and Maintenance Report
monitoring period which has groundwater monitoring data obtained from
April 1, 2009 to September 20, 2009, only three MNA monitoring wells
(TMW-91, TMW-131, and RW-2) had not achieved the ROD cleanup criteria
of four consecutive sampling events with results below cleanup goals.
Benzene was detected above the cleanup goal of 1 [micro]g/L in the
three wells at concentrations ranging from 1.0 to 4.5 [micro]g/L. Vinyl
chloride was detected above the cleanup goal of 1 [micro]g/L in RW-2
once in October 2005 and in TMW-131 in March and September 2006 and
March 2007. Additional sampling of TMW-91, TMW-131 and RW-2 was
performed in November 2009 and February 2010. The March 2010 Final
Monitoring and Maintenance Report and Site Delisting Request included
the supplemental TMW-91, TMW-131, and RW-2 sampling results, which
found no COCs above cleanup goals. No COCs were detected above cleanup
goals in the February, September, and November 2009 and February 2010
sampling. As of February 2010, all monitoring wells have met the ROD
criteria of meeting cleanup goals for four consecutive monitoring
events.
Operation and Maintenance
Waste Management designed and implemented an Operation and
Maintenance Plan to ensure the long-term effectiveness of the ROD
remedial elements. This Operations and Maintenance Plan was submitted
on May 17, 1994. This Plan addressed maintaining the integrity and
effectiveness of the final cover, including repairing the landfill
cover; maintenance and sampling of the groundwater monitoring network;
and protecting and maintaining surveyed benchmarks associated with
institutional controls.
Five-Year Review
Since hazardous substances are present onsite above levels allowing
for unlimited use and unrestricted exposure, statutory Five Year
Reviews will be conducted by EPA every five years, pursuant to CERCLA
Section 121 (c) and as provided in OSWER Directive 9355.7-03B-P,
Comprehensive Five-Year Review Guidance (EPA, 2001). The purpose of
these reviews is to ensure that the Site remedy remains protective of
human health and the environment. The first Five Year Review at the
Site was conducted in February 1996, the second in July 2000, the third
in September 2005, and the fourth in July 2010.
The Fourth Five-Year Review concluded that remedial actions at the
Hipps Road Landfill Superfund Site are protective of human health and
the environment in the short term, and exposure pathways that could
result in unacceptable risks are being controlled. In order for the
site to remain protective in the long-term, the Site needed to be
assessed to determine if ICs are necessary to prevent inappropriate
land use. Further analysis of existing groundwater use prohibitions
related to the delineated areas and examination of the existing
restrictive covenant indicate that all institutional controls needed at
the Site have been implemented. EPA will complete the next Five Year
Review by July 2015.
Community Involvement
A public meeting was held on May 7, 1986, to present EPA's proposed
plan for remedial action to the local community. Since that time
community involvement activities, including community interviews, have
occurred during each Five-Year review period (1996, 2000, 2005, 2010).
Copies of site documents are in the designated Site repository at the
Jacksonville Public Library, Webb-Wesconnett Regional Branch located at
6887 103rd St., Jacksonville, Florida.
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, Florida Times-
Union. The newspaper notice announces the 30-day public comment period
concerning the Notice of Intent to Delete the Site from the NPL.
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate responsible parties or other persons have implemented all
appropriate response actions required'' or ``all appropriate fund-
financed response under CERCLA has been implemented, and no further
response action by responsible parties is appropriate''. EPA, with the
concurrence of the State of Florida through the FDEP by a letter dated
April 22, 2011, has determined that the Site responsible party Waste
Management has implemented all appropriate response actions required
and no further response action is required. Therefore, EPA is proposing
the deletion of the site from the NPL. All of the completion
requirements for the site have been met as described in the Hipps Road
Landfill Final Close Out Report (FCOR) dated April 21, 2011.
V. Deletion Action
The EPA, with concurrence of the State of Florida through the FDEP,
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 February 27, 2012 unless EPA receives adverse comments by
January 30, 2012. If adverse comments are received within the 30-day
public comment period, EPA
[[Page 81844]]
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: November 21, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 the entry
``Hipps Road Landfill'', ``Duval County'' under FL.
[FR Doc. 2011-33472 Filed 12-28-11; 8:45 am]
BILLING CODE 6560-50-P