National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Mosley Road Sanitary Landfill (MRSL) Superfund Site, 48809-48813 [2013-19481]
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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations
48809
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2008
Lead National Ambient Air
Quality Standards.
*
Tennessee ...................................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1990–0010; FRL 9846–2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Mosley Road Sanitary Landfill
(MRSL) Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 6 is publishing a
direct final Notice of Deletion of the
MRSL Superfund Site (Site), located in
Oklahoma City, Oklahoma County,
Oklahoma, 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
Oklahoma, through the Oklahoma
Department of Environmental Quality
(ODEQ), because EPA has determined
that all appropriate response actions
under CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This direct final deletion is
effective September 26, 2013 unless
EPA receives adverse comments by
September 11, 2013. 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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DATES:
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*
10/19/2009
EPA approval date
*
*
8/12/2013 [Insert citation
of publication].
Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1990–0010, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• Email: Michael Torres, Remedial
Project Manager:
torres.michael@epa.gov.
• Fax: Michael Torres; Remedial
Project Manger (RPM): 214–665–6660.
• Mail: Michael Torres, RPM, US–
EPA Region 6, Mail Code 6SF–RL, 1445
Ross Avenue, Dallas, Texas 75202.
• Hand Delivery: Michael Torres,
RPM, US–EPA Region 6, 1445 Ross
Avenue, 7th floor, Dallas, Texas 75202.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1990–
0010. 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
ADDRESSES:
[FR Doc. 2013–19360 Filed 8–9–13; 8:45 am]
SUMMARY:
State submittal
date/effective
date
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Explanation
*
This approval is for sections 110(a)(2)(C),
prong 3 of
110(a)(2)(D)(i), and
110(a)(2)(J) only.
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:
ODEQ Central Records, 405–702–
1188, 707 N. Robinson, Oklahoma City,
OK 73102, office hours: 8:00 to 4:30
Monday through Friday.
Ralph Ellison Library, 405–424–1437,
2000 NE. 23rd Street, Oklahoma City,
OK 73111, hours: 9:00 a.m. to 8:00 p.m.
Monday through Thursday, 9:00 a.m. to
6:00 p.m. Friday, and 9:00 a.m. to 5:00
p.m. Saturday.
FOR FURTHER INFORMATION CONTACT:
Michael Torres, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 6, 6SF–RL, 1445 Ross
Avenue, Dallas, Texas 75202, 214–665–
2108, torres.michael@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 6 is publishing this direct
final Notice of Deletion of the MRSL
Superfund Site (Site), from the National
Priorities List (NPL). The NPL
constitutes Appendix B of 40 CFR part
300, which is the Oil and Hazardous
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Substances Pollution Contingency Plan
(NCP), which EPA promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). As described in 300.425(e)(3) of
the NCP, sites deleted from the NPL
remain eligible for Fund-financed
remedial actions if future conditions
warrant such actions.
Because EPA considers this action to
be noncontroversial and routine, this
action will be effective September 26,
2013 unless EPA receives adverse
comments by September 11, 2013.
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 MRSL 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 ODEQ, 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
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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
Oklahoma 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 state 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 Oklahoma
Department of Environmental Quality,
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 The Daily Oklahoman. 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
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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 closed Mosley Road Sanitary
Landfill Superfund Site (MRSL or Site)
is located at 3300 Mosley Road between
NE 23rd and NE 36th Street in
Oklahoma City, Oklahoma County,
Oklahoma. The MRSL site consists of
approximately 70 acres surrounded by
predominantly undeveloped land
between Oklahoma City and Midwest
City, Oklahoma. The East Oak Recycling
and Disposal Facility (East Oak), which
is currently in operation, is located just
to the west of the Site.
Waste management of Oklahoma
(WMO) is the current owner of the
MRSL. The MRSL was originally owned
by Floyd Swen, who operated the site
under the name A–1 Sanitation
Company from 1971 to 1975. From 1975
through 1984, the landfill was owned
and operated by Oklahoma City
Disposal Inc. (OCD), which at the time
was a subsidiary of SCA Services, Inc.
Originally permitted by Oklahoma State
Department of Health (OSDH) (now
Oklahoma Department of Environmental
Quality) as a sanitary landfill, OCD was
authorized by OSDH to accept industrial
hazardous wastes between February 20,
1976, and August 24, 1976, due to the
temporary closure of the Royal Hardage
Landfill in Criner, Oklahoma. During
the six-month period, OCD reportedly
accepted approximately 1.7 million
gallons of predominantly liquid
hazardous waste, which included
industrial and plating sludge, caustics,
acid solutions, oil emulsions, alkaline
solutions, solvents, paint sludge,
toxaphene, and trichloroethene. All of
the hazardous waste was placed in three
below-grade unlined pits (referred to as
the waste pits) that are now buried
beneath municipal waste. In 1984,
WMO acquired the stock of SCA
Services, which thus transferred the
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ownership, operation, and maintenance
of the MRSL site to WMO. The landfill
reached its permitted capacity and was
closed in November 1987. A compacted
clay cover was installed over the landfill
in 1988 in accordance with existing
regulations governing landfill closure.
An EPA site assessment was
conducted from November 1986 through
November 1990. The Site was HRS
scored by EPA on February 6, 1987. The
MRSL was proposed to the NPL on June
24, 1988. On February 21, 1990, EPA
added the MRSL to the NPL (55 FR
6154) and registered the site in the
CERCLIS database as OKD980620868.
There were no removal action
activities at the site, however, EPA
enforcement activities continued in
efforts to address the site’s
contamination issues. WMO plans on
optimizing reuse of the property by
integrating the site development plan
for the East Oak Recycling and Disposal
Facility into the MRSL footprint.
Integration of the active East Oak facility
with the inactive MRSL site will
increase solid waste disposal capacity
for the region. WMO’s planned
expansion will not interfere or
compromise the Site’s remedy.
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Remedial Investigation and Feasibility
Study (RI/FS)
The RI/FS identified primary
constituents of concern (COCs) to be
vinyl chloride (VC) in the Alluvium
aquifer and benzene in the GarberWellington aquifer. Arsenic and barium
were determined to be secondary COCs
because they represented less risk to
human health and the environment.
Arsenic and barium, both of which are
naturally occurring metals, were
included as COCs primarily because
they were detected in concentrations
greater than Applicable or Relevant and
Appropriate Requirements (ARARs) in
ground water at the time the risk
assessment was conducted and not
because they were identified as effective
source area indicators. Investigation
activities began in January 1990 and the
FS was completed in August 1991. The
RI and FS reports and the Proposed Plan
for the MRSL were released by EPA to
the public on April 8, 1992.
Selected Remedy
The major components of the selected
remedy in the 1992 ROD include the
following: Enforcing institutional
controls (ICs), such as land use
restrictions, site access restrictions,
posting of signs, fencing, and
restrictions on the extraction and use of
ground water from MRSL wells;
restoring ground water as a potential
source of drinking water through the
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process of natural attenuation;
monitoring leachate migration via a
ground water monitoring program and
periodic sampling; implementing a
landfill gas monitoring system (LGMS)
to prevent explosion or inhalation
hazards; and repairing and improving
the existing cap, and adding a vegetative
soil layer to reduce erosion and
infiltration.
The ROD identifies source control and
migration management as remedial
performance objectives. Source control
focuses on preventing surface water
from infiltrating the waste unit and
impacting ground water, and migration
management focuses on monitoring
ground water to detect and control
contaminant releases. Source control is
both a short-term and long-term
protectiveness measure. Once
constructed, the clay cap provided
immediate protection and when
properly maintained will continue to
provide protection for the long term.
Source control is achieved via the
following engineering controls,
technology, and administrative controls:
Prevent direct contact with and
exposure to landfill contents through
the use of the clay cap and institutional
controls such as restrictions on future
property use; restrictions on
groundwater use, and restrictions and
warnings in the property deed records;
control surface runoff and resulting
erosion through a continued landfill
maintenance program of the clay cap,
which will result in the reduction or
elimination of leachate formation within
the landfill and transport of
contaminants into the ground water;
prevent inhalation of and explosion of
landfill gas by implementing a landfill
gas monitoring program; and prevent
human and animal exposure to and
ingestion of contaminated ground water.
This will be accomplished through longterm ground water monitoring, landfill
maintenance, ICs and, if necessary,
implementation of contingency
measures.
Ground water monitoring is a longterm protectiveness remedy component
ensuring that the primary remedial
measure (capping and landfill gas
management systems) are functioning as
designed. The ground water monitoring
program included development of
baseline values for each monitoring
constituent, and comparison of new
data to baseline or established ground
water protection standards (GWPS) to
identify potential contaminant releases.
Contamination migration management
is achieved by the following controls:
• Contain low-level ground water
contamination within site boundaries.
The ground water remediation goals
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48811
were established for ROD-defined COCs
only (i.e., benzene, vinyl chloride,
barium, and arsenic).
• Prevent contamination of the
Garber-Wellington aquifer above healthbased risk levels by implementing a
ground water monitoring program of
alluvial and Garber-Wellington wells.
The program includes contingencies for
active remediation described in the
ROD.
• Restore ground water to beneficial
use.
• Prevent water infiltration through
the landfill that could increase
contaminant transport into ground
water.
Response Actions
A Unilateral Administrative Order
(UAO) was issued by EPA and the
Remedial Design (RD) commenced on
January 28, 1994. The effective date of
the UAO was February 14, 1994. An
Order to Proceed was issued to WMO on
March 3, 1994, to prepare the Remedial
Design Work Plan and Ground water
Monitoring Work Plan (GWMP). Deed
restrictions were filed with the
Oklahoma County Clerk on April 1,
1994, and Deed Notices were filed on
May 12, 1994. In October 1994, WMO
submitted the Landfill Gas Assessment
Report for the MRSL site. The Remedial
Design Work Plan Ground water
Monitoring Work Plan, and the Health
and Safety Plan for the RD were
submitted to EPA by WMO in November
1994. On February 25, 1995, Terracon
Consultants completed the ground water
monitoring well installation and soil
boring program. On August 18, 1995,
WMO completed the RD Work Plan.
Phase I construction activities for the
LGMS began on August 24, 1995, and
were completed in February 1996. The
MRSL Construction Quality Assurance
Plan for Phase I cap improvements was
revised and approved in August 1995.
The Final Cover Quality Assurance
Testing Report was submitted to EPA on
December 30, 2003. The Quality
Assurance/Quality Control documents
for Phase II construction activities of the
site’s gas system and final cap
improvements were submitted to EPA
on July 16, 2004.
Cleanup Goals
EPA and ODEQ conducted a pre-final
inspection of the Site on August 3, 2004,
which consisted of a walk-over survey
including a description and schedule for
correcting or addressing minor
construction contract items by WMO
and its contractors. These ‘‘punch list’’
items included inspection of: (1) The
MRSL site’s vegetative cover, (2) the
drainage from the top of the landfill, (3)
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indications of subsidence or minor
erosion, (4) the gas collection system
and wells, and (5) adequate plugging
and abandonment of a barren well. EPA
and ODEQ also reviewed QA/QC
construction documents for the ground
water monitoring system and well
summaries during the pre-final
inspection process to check the natural
attenuation progression. Furthermore, a
review of implemented ICs shows that
the deed restrictions and notices have
been successful in providing human
health and environmental protection at
the Site. On September 8, 2004, EPA
issued the Preliminary Close Out
Report, which documents that EPA
completed all construction activities for
the remedial action at the Site in
accordance with Close Out Procedures
for National Priorities List Sites (EPA
OSWER Directive 9320.22 May 2011).
Operation and Maintenance
A modified GWMP was developed by
WMO for the MRSL to provide a
transitional plan to ensure that the longterm protectiveness goals are achieved.
The GWMP was approved by the ODEQ
in April 2010 and endorsed by EPA in
April 2011 to facilitate transition of the
MRSL site to ODEQ under the East Oak
Recycling and Disposal Facility solid
waste permit (#3555036). With the
approval by both agencies, ground water
monitoring will continue through the
operating and post-closure care periods
of the active East Oak Recycling and
Disposal Facility using sampling
programs and statistical evaluation
methods to ensure the underlying
Garber-Wellington Aquifer is not
adversely impacted at concentrations
greater than ARARs. The ground water
monitoring data will be submitted for
primacy review to ODEQ and included
in five-year review reports. The MRSL
Interim Operation and Maintenance
Plan (OMP) was reorganized in a report
dated April 2010. The OMP was
subsequently approved by the ODEQ in
a letter dated May 6, 2010. The OMP
outlines protocols for maintenance
inspection and monitoring of the cover,
stormwater conveyance, and landfill gas
system. As per ODEQ and EPA requests,
the OMP now includes addition of a
maintenance log reporting requirement
to be housed at the active East Oak
Recycling and Disposal Facility for
review and inspection as needed.
All administrative requirements have
been implemented at the MRSL
Superfund Site. A deed notice
identifying restrictions was filed with
the Oklahoma County Clerk, and
recorded in Book 2202, pages 0068
through 0070, on May 12, 1994. A
Covenant was filed with the Oklahoma
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County Clerk and recorded in Book
6583, pages 1972 through 1974, on April
1, 1994. The deed restrictions include
the following requirements and
information: Land use restrictions;
access restrictions, posting of signs,
restrictions to groundwater use,
remedial activities at the facility,
hazardous substances at the site, and
warning of activities that could result in
exposure.
Five-Year Review
Three five-year reviews have been
conducted at the MRSL site, the first in
2000, the second in 2005, and the third
completed in 2009. The implemented
action taken at the Mosley Road
Sanitary Landfill Superfund Site was
found to be protective of human health
and the environment in the short-term.
However, a third five-year review
addendum was performed and
completed in July 2010. The Third FiveYear Review Report First Addendum for
the Mosley Road Sanitary Landfill
Superfund Site protectiveness
determination follows: Because the
deficiencies identified in the September
2009 five-year review have been
adequately addressed by the
Responsible Party, EPA has now
determined that the remedy
implemented to date at the Mosley Road
Sanitary Landfill Superfund Site is
protective of human health and the
environment in the long term. Current
monitoring data indicate that the
remedy is functioning as required to
achieve ground water cleanup goals
through monitored natural attenuation
and the LGMS. Because the actions
currently implemented at the MRSL site
prevent exposure to residual Site
contamination, the remedy is
considered protective of human health
and the environment in the long-term
and will remain so as long as the
remedy is properly maintained.
Restrictions to access, signage,
restrictions to ground water use,
remedial activities, declaration of
hazardous substances at the Site, and
warning of activities that could result in
exposure are institutional controls that
are permanently in place to limit use of
the site. These institutional controls are
considered protective of human health
and the environment. The next Five
Year Review will be performed in 2015
and every five years in perpetuity or
until on-site wastes that do not allow
unlimited use and unrestricted exposure
are removed from the MRSL Superfund
Site.
Community Involvement
A public availability session was
conducted by the EPA, ODEQ, and
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WMO in April 1992 to discuss with the
community the proposed plan for the
remedy. Public comments were received
and addressed in the Responsive
Summary portions of the June 1992
ROD. A public notice announcing
initiation of the most recent or third
five-year review was published in The
Daily Oklahoman on June 27, 2009. EPA
will accept public comments on the
proposal to delete the Site for thirty (30)
days after publication of this document
in the Federal Register.
Determination That the Site Meets the
Criteria for Deletion in the NCP
WMO has implemented all
appropriate response action required.
EPA Region 6 issued a ROD which
documented the remedial action
activities, and all appropriate responses
under CERCLA have been implemented
as documented in the Final Close-Out
Report dated May 15, 2013. A notice has
been published in the local newspaper
and has been distributed to appropriate
Federal, State, and local officials and
other interested parties announcing the
commencement of a 30-day public
comment period on EPA’s Notice of
Intent to Delete. All relevant documents
have been made available for public
review in the local Site information
repository.
The NCP (40 CFR 300.425(e)) states
that a site may be deleted from the NPL
when no further response action is
appropriate. EPA, in consultation with
the State of Oklahoma, has determined
that all appropriate response action
under CERCLA has been implemented,
and no further action by the PRP is
appropriate.
V. Deletion Action
The EPA, with concurrence of the
State of Oklahoma through the ODEQ,
has determined that all appropriate
response actions under CERCLA 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 September 26,
2013 unless EPA receives adverse
comments by September 11, 2013. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion, and it will
not take effect. EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
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List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 1, 2013.
Samuel Coleman,
Acting Regional Administrator, EPA Region
6.
For the reasons set out in the
preamble, 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.
Appendix B to Part 300 [Amended]
2. Table of Appendix B to part 300 is
amended by removing ‘‘Mosley Road
Sanitary Landfill Superfund Site’’,
‘‘Oklahoma City’’.
■
[FR Doc. 2013–19481 Filed 8–9–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2013–0002]
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
SUMMARY:
ehiers on DSK2VPTVN1PROD with RULES
Flooding source(s)
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
ADDRESSES: The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Associate
Administrator for Mitigation has
resolved any appeals resulting from this
notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This final rule involves no policies that
have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 67.11
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
■
*Elevation in feet
(NGVD)
+Elevation in feet
(NAVD)
#Depth in feet
above ground
∧Elevation in meters (MSL)
Modified
Location of referenced elevation
48813
Communities
affected
Butler County, Kentucky, and Incorporated Areas
Docket No.: FEMA–B–1089
Barren River (Backwater effects
from Green River).
VerDate Mar<15>2010
14:50 Aug 09, 2013
From the confluence with the Green River to approximately 0.6 mile upstream of the confluence with Little
Muddy Creek.
Jkt 229001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
E:\FR\FM\12AUR1.SGM
+424
12AUR1
Unincorporated Areas of Butler County.
Agencies
[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48809-48813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19481]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1990-0010; FRL 9846-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Mosley Road Sanitary Landfill
(MRSL) Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
publishing a direct final Notice of Deletion of the MRSL Superfund Site
(Site), located in Oklahoma City, Oklahoma County, Oklahoma, 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 Oklahoma, through the Oklahoma Department
of Environmental Quality (ODEQ), because EPA has determined that all
appropriate response actions under CERCLA have been completed. However,
this deletion does not preclude future actions under Superfund.
DATES: This direct final deletion is effective September 26, 2013
unless EPA receives adverse comments by September 11, 2013. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1990-0010, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: Michael Torres, Remedial Project Manager:
torres.michael@epa.gov.
Fax: Michael Torres; Remedial Project Manger (RPM): 214-
665-6660.
Mail: Michael Torres, RPM, US-EPA Region 6, Mail Code 6SF-
RL, 1445 Ross Avenue, Dallas, Texas 75202.
Hand Delivery: Michael Torres, RPM, US-EPA Region 6, 1445
Ross Avenue, 7th floor, Dallas, Texas 75202.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1990-0010. 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:
ODEQ Central Records, 405-702-1188, 707 N. Robinson, Oklahoma City,
OK 73102, office hours: 8:00 to 4:30 Monday through Friday.
Ralph Ellison Library, 405-424-1437, 2000 NE. 23rd Street, Oklahoma
City, OK 73111, hours: 9:00 a.m. to 8:00 p.m. Monday through Thursday,
9:00 a.m. to 6:00 p.m. Friday, and 9:00 a.m. to 5:00 p.m. Saturday.
FOR FURTHER INFORMATION CONTACT: Michael Torres, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 6, 6SF-RL, 1445
Ross Avenue, Dallas, Texas 75202, 214-665-2108, torres.michael@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 6 is publishing this direct final Notice of Deletion of
the MRSL Superfund Site (Site), from the National Priorities List
(NPL). The NPL constitutes Appendix B of 40 CFR part 300, which is the
Oil and Hazardous
[[Page 48810]]
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA
maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in 300.425(e)(3) of
the NCP, sites deleted from the NPL remain eligible for Fund-financed
remedial actions if future conditions warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective September 26, 2013 unless EPA
receives adverse comments by September 11, 2013. 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 MRSL 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 ODEQ, 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 Oklahoma 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 state 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 Oklahoma Department of
Environmental Quality, 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 The Daily Oklahoman. 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 closed Mosley Road Sanitary Landfill Superfund Site (MRSL or
Site) is located at 3300 Mosley Road between NE 23rd and NE 36th Street
in Oklahoma City, Oklahoma County, Oklahoma. The MRSL site consists of
approximately 70 acres surrounded by predominantly undeveloped land
between Oklahoma City and Midwest City, Oklahoma. The East Oak
Recycling and Disposal Facility (East Oak), which is currently in
operation, is located just to the west of the Site.
Waste management of Oklahoma (WMO) is the current owner of the
MRSL. The MRSL was originally owned by Floyd Swen, who operated the
site under the name A-1 Sanitation Company from 1971 to 1975. From 1975
through 1984, the landfill was owned and operated by Oklahoma City
Disposal Inc. (OCD), which at the time was a subsidiary of SCA
Services, Inc. Originally permitted by Oklahoma State Department of
Health (OSDH) (now Oklahoma Department of Environmental Quality) as a
sanitary landfill, OCD was authorized by OSDH to accept industrial
hazardous wastes between February 20, 1976, and August 24, 1976, due to
the temporary closure of the Royal Hardage Landfill in Criner,
Oklahoma. During the six-month period, OCD reportedly accepted
approximately 1.7 million gallons of predominantly liquid hazardous
waste, which included industrial and plating sludge, caustics, acid
solutions, oil emulsions, alkaline solutions, solvents, paint sludge,
toxaphene, and trichloroethene. All of the hazardous waste was placed
in three below-grade unlined pits (referred to as the waste pits) that
are now buried beneath municipal waste. In 1984, WMO acquired the stock
of SCA Services, which thus transferred the
[[Page 48811]]
ownership, operation, and maintenance of the MRSL site to WMO. The
landfill reached its permitted capacity and was closed in November
1987. A compacted clay cover was installed over the landfill in 1988 in
accordance with existing regulations governing landfill closure.
An EPA site assessment was conducted from November 1986 through
November 1990. The Site was HRS scored by EPA on February 6, 1987. The
MRSL was proposed to the NPL on June 24, 1988. On February 21, 1990,
EPA added the MRSL to the NPL (55 FR 6154) and registered the site in
the CERCLIS database as OKD980620868.
There were no removal action activities at the site, however, EPA
enforcement activities continued in efforts to address the site's
contamination issues. WMO plans on optimizing reuse of the property by
integrating the site development plan for the East Oak Recycling and
Disposal Facility into the MRSL footprint. Integration of the active
East Oak facility with the inactive MRSL site will increase solid waste
disposal capacity for the region. WMO's planned expansion will not
interfere or compromise the Site's remedy.
Remedial Investigation and Feasibility Study (RI/FS)
The RI/FS identified primary constituents of concern (COCs) to be
vinyl chloride (VC) in the Alluvium aquifer and benzene in the Garber-
Wellington aquifer. Arsenic and barium were determined to be secondary
COCs because they represented less risk to human health and the
environment. Arsenic and barium, both of which are naturally occurring
metals, were included as COCs primarily because they were detected in
concentrations greater than Applicable or Relevant and Appropriate
Requirements (ARARs) in ground water at the time the risk assessment
was conducted and not because they were identified as effective source
area indicators. Investigation activities began in January 1990 and the
FS was completed in August 1991. The RI and FS reports and the Proposed
Plan for the MRSL were released by EPA to the public on April 8, 1992.
Selected Remedy
The major components of the selected remedy in the 1992 ROD include
the following: Enforcing institutional controls (ICs), such as land use
restrictions, site access restrictions, posting of signs, fencing, and
restrictions on the extraction and use of ground water from MRSL wells;
restoring ground water as a potential source of drinking water through
the process of natural attenuation; monitoring leachate migration via a
ground water monitoring program and periodic sampling; implementing a
landfill gas monitoring system (LGMS) to prevent explosion or
inhalation hazards; and repairing and improving the existing cap, and
adding a vegetative soil layer to reduce erosion and infiltration.
The ROD identifies source control and migration management as
remedial performance objectives. Source control focuses on preventing
surface water from infiltrating the waste unit and impacting ground
water, and migration management focuses on monitoring ground water to
detect and control contaminant releases. Source control is both a
short-term and long-term protectiveness measure. Once constructed, the
clay cap provided immediate protection and when properly maintained
will continue to provide protection for the long term. Source control
is achieved via the following engineering controls, technology, and
administrative controls: Prevent direct contact with and exposure to
landfill contents through the use of the clay cap and institutional
controls such as restrictions on future property use; restrictions on
groundwater use, and restrictions and warnings in the property deed
records; control surface runoff and resulting erosion through a
continued landfill maintenance program of the clay cap, which will
result in the reduction or elimination of leachate formation within the
landfill and transport of contaminants into the ground water; prevent
inhalation of and explosion of landfill gas by implementing a landfill
gas monitoring program; and prevent human and animal exposure to and
ingestion of contaminated ground water. This will be accomplished
through long-term ground water monitoring, landfill maintenance, ICs
and, if necessary, implementation of contingency measures.
Ground water monitoring is a long-term protectiveness remedy
component ensuring that the primary remedial measure (capping and
landfill gas management systems) are functioning as designed. The
ground water monitoring program included development of baseline values
for each monitoring constituent, and comparison of new data to baseline
or established ground water protection standards (GWPS) to identify
potential contaminant releases. Contamination migration management is
achieved by the following controls:
Contain low-level ground water contamination within site
boundaries. The ground water remediation goals were established for
ROD-defined COCs only (i.e., benzene, vinyl chloride, barium, and
arsenic).
Prevent contamination of the Garber-Wellington aquifer
above health-based risk levels by implementing a ground water
monitoring program of alluvial and Garber-Wellington wells. The program
includes contingencies for active remediation described in the ROD.
Restore ground water to beneficial use.
Prevent water infiltration through the landfill that could
increase contaminant transport into ground water.
Response Actions
A Unilateral Administrative Order (UAO) was issued by EPA and the
Remedial Design (RD) commenced on January 28, 1994. The effective date
of the UAO was February 14, 1994. An Order to Proceed was issued to WMO
on March 3, 1994, to prepare the Remedial Design Work Plan and Ground
water Monitoring Work Plan (GWMP). Deed restrictions were filed with
the Oklahoma County Clerk on April 1, 1994, and Deed Notices were filed
on May 12, 1994. In October 1994, WMO submitted the Landfill Gas
Assessment Report for the MRSL site. The Remedial Design Work Plan
Ground water Monitoring Work Plan, and the Health and Safety Plan for
the RD were submitted to EPA by WMO in November 1994. On February 25,
1995, Terracon Consultants completed the ground water monitoring well
installation and soil boring program. On August 18, 1995, WMO completed
the RD Work Plan.
Phase I construction activities for the LGMS began on August 24,
1995, and were completed in February 1996. The MRSL Construction
Quality Assurance Plan for Phase I cap improvements was revised and
approved in August 1995. The Final Cover Quality Assurance Testing
Report was submitted to EPA on December 30, 2003. The Quality
Assurance/Quality Control documents for Phase II construction
activities of the site's gas system and final cap improvements were
submitted to EPA on July 16, 2004.
Cleanup Goals
EPA and ODEQ conducted a pre-final inspection of the Site on August
3, 2004, which consisted of a walk-over survey including a description
and schedule for correcting or addressing minor construction contract
items by WMO and its contractors. These ``punch list'' items included
inspection of: (1) The MRSL site's vegetative cover, (2) the drainage
from the top of the landfill, (3)
[[Page 48812]]
indications of subsidence or minor erosion, (4) the gas collection
system and wells, and (5) adequate plugging and abandonment of a barren
well. EPA and ODEQ also reviewed QA/QC construction documents for the
ground water monitoring system and well summaries during the pre-final
inspection process to check the natural attenuation progression.
Furthermore, a review of implemented ICs shows that the deed
restrictions and notices have been successful in providing human health
and environmental protection at the Site. On September 8, 2004, EPA
issued the Preliminary Close Out Report, which documents that EPA
completed all construction activities for the remedial action at the
Site in accordance with Close Out Procedures for National Priorities
List Sites (EPA OSWER Directive 9320.22 May 2011).
Operation and Maintenance
A modified GWMP was developed by WMO for the MRSL to provide a
transitional plan to ensure that the long-term protectiveness goals are
achieved. The GWMP was approved by the ODEQ in April 2010 and endorsed
by EPA in April 2011 to facilitate transition of the MRSL site to ODEQ
under the East Oak Recycling and Disposal Facility solid waste permit
(3555036). With the approval by both agencies, ground water
monitoring will continue through the operating and post-closure care
periods of the active East Oak Recycling and Disposal Facility using
sampling programs and statistical evaluation methods to ensure the
underlying Garber-Wellington Aquifer is not adversely impacted at
concentrations greater than ARARs. The ground water monitoring data
will be submitted for primacy review to ODEQ and included in five-year
review reports. The MRSL Interim Operation and Maintenance Plan (OMP)
was reorganized in a report dated April 2010. The OMP was subsequently
approved by the ODEQ in a letter dated May 6, 2010. The OMP outlines
protocols for maintenance inspection and monitoring of the cover,
stormwater conveyance, and landfill gas system. As per ODEQ and EPA
requests, the OMP now includes addition of a maintenance log reporting
requirement to be housed at the active East Oak Recycling and Disposal
Facility for review and inspection as needed.
All administrative requirements have been implemented at the MRSL
Superfund Site. A deed notice identifying restrictions was filed with
the Oklahoma County Clerk, and recorded in Book 2202, pages 0068
through 0070, on May 12, 1994. A Covenant was filed with the Oklahoma
County Clerk and recorded in Book 6583, pages 1972 through 1974, on
April 1, 1994. The deed restrictions include the following requirements
and information: Land use restrictions; access restrictions, posting of
signs, restrictions to groundwater use, remedial activities at the
facility, hazardous substances at the site, and warning of activities
that could result in exposure.
Five-Year Review
Three five-year reviews have been conducted at the MRSL site, the
first in 2000, the second in 2005, and the third completed in 2009. The
implemented action taken at the Mosley Road Sanitary Landfill Superfund
Site was found to be protective of human health and the environment in
the short-term. However, a third five-year review addendum was
performed and completed in July 2010. The Third Five-Year Review Report
First Addendum for the Mosley Road Sanitary Landfill Superfund Site
protectiveness determination follows: Because the deficiencies
identified in the September 2009 five-year review have been adequately
addressed by the Responsible Party, EPA has now determined that the
remedy implemented to date at the Mosley Road Sanitary Landfill
Superfund Site is protective of human health and the environment in the
long term. Current monitoring data indicate that the remedy is
functioning as required to achieve ground water cleanup goals through
monitored natural attenuation and the LGMS. Because the actions
currently implemented at the MRSL site prevent exposure to residual
Site contamination, the remedy is considered protective of human health
and the environment in the long-term and will remain so as long as the
remedy is properly maintained. Restrictions to access, signage,
restrictions to ground water use, remedial activities, declaration of
hazardous substances at the Site, and warning of activities that could
result in exposure are institutional controls that are permanently in
place to limit use of the site. These institutional controls are
considered protective of human health and the environment. The next
Five Year Review will be performed in 2015 and every five years in
perpetuity or until on-site wastes that do not allow unlimited use and
unrestricted exposure are removed from the MRSL Superfund Site.
Community Involvement
A public availability session was conducted by the EPA, ODEQ, and
WMO in April 1992 to discuss with the community the proposed plan for
the remedy. Public comments were received and addressed in the
Responsive Summary portions of the June 1992 ROD. A public notice
announcing initiation of the most recent or third five-year review was
published in The Daily Oklahoman on June 27, 2009. EPA will accept
public comments on the proposal to delete the Site for thirty (30) days
after publication of this document in the Federal Register.
Determination That the Site Meets the Criteria for Deletion in the NCP
WMO has implemented all appropriate response action required. EPA
Region 6 issued a ROD which documented the remedial action activities,
and all appropriate responses under CERCLA have been implemented as
documented in the Final Close-Out Report dated May 15, 2013. A notice
has been published in the local newspaper and has been distributed to
appropriate Federal, State, and local officials and other interested
parties announcing the commencement of a 30-day public comment period
on EPA's Notice of Intent to Delete. All relevant documents have been
made available for public review in the local Site information
repository.
The NCP (40 CFR 300.425(e)) states that a site may be deleted from
the NPL when no further response action is appropriate. EPA, in
consultation with the State of Oklahoma, has determined that all
appropriate response action under CERCLA has been implemented, and no
further action by the PRP is appropriate.
V. Deletion Action
The EPA, with concurrence of the State of Oklahoma through the
ODEQ, has determined that all appropriate response actions under CERCLA
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 September 26, 2013 unless EPA receives adverse comments by
September 11, 2013. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
[[Page 48813]]
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: August 1, 2013.
Samuel Coleman,
Acting Regional Administrator, EPA Region 6.
For the reasons set out in the preamble, 40 CFR part 300 is amended
as follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 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.
Appendix B to Part 300 [Amended]
0
2. Table of Appendix B to part 300 is amended by removing ``Mosley Road
Sanitary Landfill Superfund Site'', ``Oklahoma City''.
[FR Doc. 2013-19481 Filed 8-9-13; 8:45 am]
BILLING CODE 6560-50-P