[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Proposed Rules]
[Pages 59487-59490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23988]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7380-4]
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; request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces
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) and requests public
comment on this proposed action. 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 (November 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 on or before October 23, 2002.
ADDRESSES: Comments may be mailed to: Catherine Roberts, Community
Involvement Coordinator (8OC), U.S. EPA, Region 8, 999 18th Street,
Suite 300, Denver, Colorado, 80202-2466, 1-800-227-8917 or (303) 312-
6025.
Comprehensive information on the RMA/NPL Site, as well as
information specific to this proposed partial deletion, is available
through EPA's Region 8 Superfund Records Center 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)
312-6473. 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, Rocky Mountain Arsenal,
Building 129, Room 2024, Commerce City, Colorado 80022-1748, (303) 289-
0362. Documents are available for viewing from 12:00 p.m. to 4:00 p.m.,
Monday through Friday or by appointment.
FOR FURTHER INFORMATION CONTACT: Ms. Laura Williams, Remedial Project
Manager (8EPR-F), U.S. EPA, Region 8, 999 18th Street, Suite 300,
Denver Colorado, 80202-2466, (303) 312-6660.
SUPPLEMENTARY INFORMATION:
[[Page 59488]]
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
The United States Environmental Protection Agency (EPA) Region 8
announces its intent to delete the western tier parcel of the Rocky
Mountain Arsenal National Priorities List (RMA/NPL) Site, Commerce
City, Colorado, from the National Priorities List (NPL) and requests
comment on this proposed action. 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 (November 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 thirty days after publication of this notice 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 explains 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
section 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 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. These notices announce a
thirty (30) day public comment period on the deletion package, which
ends on October 23, 2002, based upon publication of this notice in the
Federal Register and a local newspaper of record.
(4) EPA has made all relevant documents available at the
information repositories listed previously for public inspection and
copying.
Upon completion of the thirty 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 document 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:
RMA/NPL Site Background
The On-Post OU of the RMA/NPL Site encompasses 27 square miles in
southern Adams County, Colorado, approximately 8 miles northeast of
downtown 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 farmland. 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.
Complaints of ground water pollution north of the RMA/NPL Site
began to surface in 1954. 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
October 15, 1984. The listing of RMA on
[[Page 59489]]
the NPL, excluding Basin F, was finalized on July 22, 1987. Basin F was
added to the RMA/NPL Site listing on March 13, 1989. 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, became
effective. The FFA 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, the western tier of the RMA/NPL Site was exposed to
minimal contamination and is considered a ``non-source'' area. A
structures survey program identified eight structures within the
western tier all which have no potential contamination history.
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
was partially located on the western tier and installed to extract and
treat ground water emanating from the Rail Yard and the Motor Pool
areas, both of 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 as
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. The ROD also required continued use
restrictions for the property.
On October 2, 1998, EPA published a notice of intent for partial
deletion (NOIDp) in the Federal Register which proposed to delete the
western tier parcel from the RMA/NPL Site. EPA received several
comments during the public comment period including one expressing a
concern for the potential future placement of a child daycare facility
at the western tier parcel and reiterating previous concerns that RMA,
and hence the western tier parcel, might be contaminated with dioxins.
Based on the comments, EPA postponed action on the partial deletion
until additional soil sampling and analysis of the western tier parcel
could be conducted. These studies specifically include the Soil
Sampling Risk Report, Denver Front Range Soil Dioxin Study, Section 9
Borrow Area Report, and Site Reconnaissance Report. Additional studies
and reports include Surface Flux Chamber Testing, Geophysical Survey on
Section 9, Vapor Pathway Analysis, Assessment of Residual Ecological
Risk Report, and Potential Ordnance/ Explosives and Recovered Chemical
Warfare Materiel Hazards Report.
Community Involvement
Since 1988, each of the parties involved with the Arsenal cleanup
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 the RMA/NPL Site.
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 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.
Based on public comment received for the NOIDp published on October
2, 1998, EPA postponed action on partial deletion until additional soil
sampling and analysis of the western tier parcel could be conducted.
Members of the Site Specific Advisory Board also requested that
National Ombudsman, Robert Martin, include deletion of the western tier
parcel as one of fifty-two issues to be investigated at RMA. The
Ombudsman held two public meetings, one on January 26, 2000, followed
by the second on November 6, 2000. EPA, Region 8, continues to
coordinate with the Ombudsman's office on this process.
Upon completion of the thirty calendar day public comment period
for this NOIDp, EPA Region 8 in consultation with the State and the
Army, will evaluate each comment and any significant new data received
before issuing a final decision concerning the proposed partial
deletion.
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 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 demolished
and disposed of 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 in March 1998; therefore, the ICS
facility was demolished and removed on May 7, 2002. A treatment system
was constructed at the Rail Yards to more directly treat the
contaminated groundwater associated with the Rail Yards. The Rail Yard
IRA and Treatment System, Motor Pool IRA, and Irondale facility are 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
[[Page 59490]]
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 surface water as a
water source.
Based on the extensive investigations and risk assessment performed
for the western tier of the RMA/NPL Site, there are no further response
actions planned or scheduled for this area. Currently, no hazardous
substances remain 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. Because the western tier parcel is subject to
these restrictions on land and water use, it will be included in the
RMA-wide five-year reviews. 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 is no requirement for 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: September 10, 2002.
Robert E. Roberts,
Regional Administrator, U.S. Environmental Protection Agency, Region 8.
[FR Doc. 02-23988 Filed 9-20-02; 8:45 am]
BILLING CODE 6560-50-P