National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hipps Road Landfill Superfund Site, 81840-81844 [2011-33472]

Download as PDF 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. tkelley on DSK3SPTVN1PROD with RULES VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 EPA approval date PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 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: • http://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 http:// 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 http:// www.regulations.gov or email. The http://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 http:// 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 http:// 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 http:// 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 E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 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. tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 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 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 81841 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 E:\FR\FM\29DER1.SGM 29DER1 81842 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 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 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 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 E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 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) tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:16 Dec 28, 2011 Jkt 226001 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. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 81843 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 E:\FR\FM\29DER1.SGM 29DER1 81844 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Rules and Regulations 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]


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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.

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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:
     http://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 
http://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 http://www.regulations.gov or email. The http://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 http://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 http://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 http://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