[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Proposed Rules]
[Pages 69601-69603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33215]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6202-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of the Rocky Mountain
Arsenal National Priorities List Site from the National Priorities
List; announcement to reopen public comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 8 announced
its intent to delete the western tier parcel of the Rocky Mountain
Arsenal National Priorities List Site (RMA/NPL Site) On-Post Operable
Unit (OU) from the National Priorities List (NPL) on October 2, 1998
(63 FR 53005). The 30-day public comment period ended November 2, 1998,
during which two letters were received. In addition to a request for
additional time to comment, one of the letters contained significant
comments to which EPA has responded by developing a new document
specific to the western tier parcel. EPA is reopening the public
comment period for an additional 60 days and requests comments on the
proposed partial deletion in consideration of this new document.
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). This
partial deletion of the RMA/NPL Site is proposed in accordance with 40
CFR 300.425(e) and Notice of Policy Change: Partial Deletion of Sites
listed on the National Priorities List (Nov. 1, 1995).
EPA bases its proposal to delete the western tier of the RMA/NPL
Site on the determination by EPA and the State of Colorado, through the
Colorado Department of Public Health and Environment (CDPHE), that all
appropriate actions under CERCLA have been implemented to protect human
health, welfare, and the environment and that no further response
action by responsible parties is appropriate.
This partial deletion pertains only to the western tier of the On-
Post OU of the RMA/NPL Site and does not include the rest of the On-
Post OU or the Off-Post OU. The rest of the On-Post OU and the Off-Post
OU will remain on the NPL and response activities will continue at
those OUs.
DATES: Comments concerning this proposed partial deletion may be
submitted to EPA on or before February 16, 1999.
ADDRESSES: Comments may be mailed to: Rob Henneke, Community
Involvement Coordinator (8OC), U.S. EPA, Region 8, 999 18th Street,
Suite 500, Denver, Colorado, 80202-2466, 1-800-227-8917 or (303) 312-
6734.
Comprehensive information on the RMA/NPL Site, as well as
information specific to this proposed partial deletion, is available
through EPA's Region 8 office in Denver, Colorado. Documents are
available for viewing by appointment from 8:00 a.m. to 4:00 p.m.,
Monday through Friday excluding holidays by calling (303) 312-7287. The
Administrative Record for the RMA/NPL Site and the Deletion Docket for
this partial deletion are maintained at the Joint Administrative
Records Document Facility, Building 135, Room 16, 72nd and Quebec
Streets, Commerce City, Colorado 80022, (303) 289-0362.
FOR FURTHER INFORMATION CONTACT: Ms. Laura Williams, Remedial Project
Manager (8EPR-F), U.S. EPA, Region 8, 999 18th Street, Suite 500,
Denver Colorado, 80202-2466, (303) 312-6660.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
The EPA Region 8 announced its intent to delete the western tier
parcel of the RMA/NPL Site On-Post OU from the NPL on October 2, 1998
(63 FR 53005). The 30-day public comment period ended November 2, 1998,
during which two letters were received. In addition to a request for
additional time to comment, one of the letters contained significant
comments to which EPA has responded by developing a new document
specific to the western tier parcel. EPA is reopening the public
comment period for an additional 60 days and requests comments on the
proposed partial deletion in consideration of this new document.
The NPL constitutes Appendix B of the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9605. EPA
identifies sites that appear to present a significant risk to public
health or the environment and maintains the NPL as the list of those
sites. Sites on the NPL may be the subject of remedial actions financed
by the Hazardous Substance Superfund (Fund). This partial deletion of
the Site is proposed in accordance with 40 CFR 300.425(e) and Notice of
Policy Change: Partial Deletion of Sites Listed on the National
Priorities List (60 FR 55466 (Nov. 1, 1995)). As described in 40 CFR
300.425(e)(3), portions of a site deleted from the NPL remain eligible
for further remedial actions if warranted by future conditions.
EPA will accept comments concerning its intent for partial deletion
of the RMA/NPL Site for sixty days after publication of this document
in the Federal Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses the procedures that EPA is
using for this proposed partial deletion. Section IV discusses the
western tier of the RMA/NPL Site and explans how it meets the deletion
criteria.
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 to protect public
health or the environment. In making such a determination pursuant to
Sec. 300.425(e), EPA will consider, in consultation with the State,
whether any of the following criteria have been met:
Section 300.425(e)(1)(i). Responsible parties or other persons have
implemented all appropriate response actions required; or
Section 300.425(e)(1)(ii). All appropriate Fund-financed response
under CERCLA has been implemented, and no further response action by
responsible parties is appropriate; or
Section 300.425(e)(1)(iii). The remedial investigation has shown
that the release poses no significant threat to public health or the
environment and, therefore, taking remedial measures is not
appropriate.
A partial deletion of a site from the NPL does not affect or impede
EPA's ability to conduct CERCLA response activities for portions not
deleted from the NPL. In addition, deletion of a portion of a site from
the NPL does not
[[Page 69602]]
affect the liability of responsible parties or impede agency efforts to
recover costs associated with response efforts. The U.S. Army and Shell
Oil company will be responsible for all future remedial actions
required at the area deleted if future site conditions warrant such
actions.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
Sec. 300.425(e) of the NCP has been met, EPA may formally begin
deletion procedures. The following procedures were used for this
proposed deletion of the western tier of the RMA/NPL Site:
(1) EPA has recommended the partial deletion and has prepared the
relevant documents.
(2) The State of Colorado, through the CDPHE, has concurred with
publication of this notice of intent for partial deletion.
(3) Concurrent with this national Notice of Intent for Partial
Deletion, a local notice has been published in a newspaper of record
and has been distributed to appropriate federal, State, and local
officials, and other interested parties.
(4) EPA has made all relevant documents available at the
information repositories listed previously for public inspection and
copying.
Upon completion of the sixty calendar day public comment period,
EPA Region 8 will evaluate each significant comment and any significant
new data received before issuing a final decision concerning the
proposed partial deletion. EPA will prepare a responsiveness summary
for each significant comment and any significant new data received
during the public comment period and will address concerns presented in
such comments and data. The responsiveness summary will be made
available to the public at the EPA Region 8 office and the information
repository listed above and will be included in the final deletion
package. Members of the public are encouraged to contact EPA Region 8
to obtain a copy of the responsiveness summary. If, after review of all
such comments and data, EPA determines that the partial deletion from
the NPL is appropriate, EPA will publish a final notice of partial
deletion in the Federal Register. Deletion of the western tier of the
RMA/NPL Site does not actually occur until a final notice of partial
deletion is published in the Federal Register. A copy of the final
partial deletion package will be placed at the EPA Region 8 office and
the information repository listed above after a final notice has been
published in the Federal Register.
IV. Basis for Intended Partial Site Deletion
The following information provides EPA's rationale for deletion of
the western tier of the RMA/NPL Site from the NPL and EPA's finding
that the proposed final deletion satisfies 40 CFR 300.425(e)
requirements:
Background
The On-Post OU of the RMA/NPL Site encompasses 27 square miles in
southern Adams County, Colorado, approximately 8 miles northeast of the
city of Denver. The Rocky Mountain Arsenal was established in 1942 by
the U.S. Army, and was used to manufacture chemical warfare agents and
incendiary munitions for use in World War II. Prior to this, the area
was largely undeveloped ranch and farm land. Following the war and
through the early 1980s, the facilities continued to be used by the
Army. Beginning in 1946, some facilities were leased to private
companies to manufacture industrial and agricultural chemicals. Shell
Oil Company, the principal lessee, primarily manufactured pesticides
from 1952 to 1982. After 1982, the only activities at the Arsenal
involved remediation.
By the late 1950s, complaints of ground water pollution north of
the RMA/NPL Site began to surface. Common industrial and waste disposal
practices used during these years resulted in contamination of
structures, soil, surface water, and ground water. As a result of this
contamination, the Arsenal was proposed for inclusion on the NPL in
July 1987. On February 17, 1989, an interagency agreement--referred to
as a Federal Facility Agreement (FFA)--formalizing the process
framework for selection and implementation of cleanup remedies at the
RMA/NPL Site, was signed by the Army, Shell Oil Company, EPA, U.S.
Department of the Interior, U.S. Department of Justice, and the Agency
for Toxic Substances and Disease Registry.
Western Tier of the On-Post OU
A remedial investigation (RI) completed in January 1992 studied
each of the five environmental media at the RMA/NPL Site, including
soils, water, structures, air, and biota. Based upon evidence gathered
during the RI, information on the western tier of the RMA/NPL Site
indicated the western tier area was exposed to minimal or no
contamination and is considered a ``non-source'' area. A structures
survey program identified eight structures within the western tier.
Several ground water plumes below the western tier parcel have been
identified but are not attributable to the RMA/NPL Site. Because the
ground water does not meet drinking water standards, the Klein Water
Treatment Facility was built in 1989--prior to completion of the RI--to
treat the ground water contamination that is now known to originate
from non-RMA/NPL sources. The Klein Water Treatment Facility is located
within the area to be deleted; however, its continued operation, and
associated 5-year review requirements, have been incorporated as part
of the Chemical Sales Company Superfund Site.
The Irondale Containment System (ICS) was constructed during
development of the RI/FS as an interim response action (IRA). The ICS
is partially located on the western tier and was installed to extract
and treat ground water emanating from the Rail Yard and the Motor Pool
areas which are in close proximity to the western tier.
A feasibility study (FS) was finalized in October 1995 and a
proposed plan prepared and presented to the public in October 1995 as
well. On June 11, 1996, the On-Post Record of Decision (ROD) was signed
by the Army, EPA, and the State of Colorado. The ROD specified no
remedial action for soil within the western tier of the On-Post OU
since the soil does not pose a risk to humans or biota. The remedy for
structures included the dismantling of three of the eight structures
found on the western tier. The selected ground water remedy consisted
of continued operation of the ICS.
Community Involvement
Since 1988 each of the Parties has made extensive efforts to ensure
that the public is kept informed on all aspects of the cleanup program.
More than 100 fact sheets about topics ranging from historical
information to site remediation have been developed and made available
to the public. Following the release and distribution of the draft
Detailed Analysis of Alternatives report (a second phase of the FS),
the Army held an open house for about 1,000 community members. The open
house provided opportunity for individual discussion and understanding
of the various technologies being evaluated for cleanup of RMA/NPL.
The Proposed Plan for the On-Post OU was released for public review
on October 16, 1995. On November 18, 1995 a public meeting was held,
attended by approximately 50 members of the public, to obtain public
comment
[[Page 69603]]
of the Proposed Plan. As a result of requests at this meeting, the
period for submitting written comments on the plan was extended one
month, concluding on January 19, 1996. No public comments were received
on the alternatives presented for the western tier of the On-Post OU.
EPA Region 8 announced its intent to delete the western tier parcel
from the NPL on October 2, 1998 (63 FR 53005). The 30-day public
comment period ended November 2, 1998, during which two letters were
received. In addition to a request for additional time to comment, one
of the letters contained significant comments to which EPA has
responded by developing a new document specific to the western tier
parcel. The document, ``Further Evaluation of Surficial Soil Data from
Western Tier Parcel at Rocky Mountain Arsenal (December 1998),''
evaluates surficial soils for the potential future use of daycare
facilities. EPA is reopening the public comment period on the proposed
partial deletion for an additional 60 days.
Current Status
Of the three structures slated for demolition, one was determined
to no longer exist (a building foundation), and the other two
structures (survey tower and septic tank) were demolished in October
1997. Since the ROD was signed, three structures referred to as
``vaults'' were found in Section 9 of the western tier parcel. These
structures were used for housing antennae associated with the Titan I
Missile system deployed in northern Colorado during the late 1950s
through the mid-1960s. Evaluation of the vaults confirmed that no
radiological, chemical or biological materials were utilized in these
structures. The vaults were removed from the western tier during the
week of July 20, 1998.
The ICS extraction wells have met the ROD shut-off criteria and
were shut down on October 1, 1997. Extraction wells for the Motor Pool
IRA have also met shut-off criteria; therefore, the ICS facility is
currently operated solely to treat contaminated ground water which is
piped from the Rail Yard IRA and not associated with the western tier
parcel. Monitoring of the ground water aquifer previously treated
through the ICS extraction wells, as required by the ROD, has been
incorporated into the sitewide monitoring program.
Use of the ground water below the western tier for potable drinking
purposes is prohibited by the FFA, the RMA National Wildlife Refuge Act
of 1992, and the ROD; and will continue to be prohibited even after
portions of the western tier are sold. Additional prohibitions imposed
by the FFA, Refuge Act, and ROD include the use of the western tier
parcel for residential, industrial, and agricultural purposes, for
hunting or fishing for consumptive purposes, and the use of any future
surface water as a potable source.
The December 1998 Child Care Risk Assessment document concluded
that risks associated specifically with a potential future child care
facility located on the western tier parcel are not above acceptable
levels. These conclusions are consistent with those of previous
investigations and risk assessment scenarios for the western tier which
were conducted as part of the site-wide RMA/NPL Site investigations and
risk assessment activities. Based on these determinations no further
response actions are planned or scheduled for this area.
This remedy for soil and structures does not result in hazardous
substances remaining at the site above health-based levels with respect
to anticipated uses of and access to the site, which are limited under
the Federal Facility Agreement, Rocky Mountain Arsenal National
Wildlife Refuge Act and the ROD. All completion requirements for the
western tier of the On-Post OU have been achieved as outlined in OSWER
Directive 9320.2-3A. Therefore, there are no requirements for a five-
year review or operation and maintenance.
EPA, with concurrence from the State of Colorado, has determined
that all appropriate CERCLA response actions have been completed at the
western tier parcel of the RMA/NPL Site to protect public health and
the environment and that no further response action by responsible
parties is required. Therefore, EPA proposes to delete the western tier
of the On-Post OU of the RMA/NPL Site from the NPL.
Dated: December 8, 1998.
William P. Yellowtail,
Regional Administrator, Region 8.
[FR Doc. 98-33215 Filed 12-16-98; 8:45 am]
BILLING CODE 6560-50-P