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National Oil and Hazardous Substances Pollution Contingency Plan, National Priorities List Update
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 21, 2000 (Volume 65, Number 120)]
[Proposed Rules]
[Page 38476-38478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn00-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6719-1]
National Oil and Hazardous Substances Pollution Contingency Plan,
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of the Cimarron Mining
Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces
its intent for partial deletion of the Cimarron Mining Superfund Site
from the National Priorities List (NPL) and requests public comment on
this action. All public comments regarding this proposed action will be
considered by EPA. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is codified as Appendix B to the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR
part 300. The proposed partial deletion of the Cimarron Mining Site is
in accordance with 40 CFR 300.425 (e) and the Notice of Policy Change:
Partial Deletion of Sites Listed on the NPL. EPA, in consultation with
the New Mexico Environment Department (NMED), has determined that all
appropriate response actions under CERCLA have been implemented to
protect human health, welfare, and the environment at the portions of
the site for which deletion is being proposed. This partial deletion
includes all portions of the Cimarron Operable Unit (OU1) and the
Sierra Blanca Operable Unit (OU2) except for the long-term ground water
remedy at OU1.
DATES: Comments must be submitted by July 21, 2000.
ADDRESSES: Comments may be mailed to: Ms. Petra Sanchez, Remedial
Project Manager (6SF-LT), U.S. Environmental Protection Agency, Region
6 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6686 or (800)
533-3508.
Information Repositories: Comprehensive information on the site has
been compiled in a public deletion docket which may be reviewed and
copied during normal business hours at the following information
repositories:
U.S. EPA Region 6 Library (12th Floor) 1445 Ross Avenue Dallas, Texas
75202-2733
New Mexico Environment Department, P.O. Box 26110, 11909 St. Francis
Dr., Santa Fe, New Mexico 87503
Carrizozo City Hall P.O. Box 247, Carrizozo, New Mexico 88301
FOR FURTHER INFORMATION CONTACT: Ms. Petra Sanchez, Remedial Project
Manager (6SF-LT), U.S. Environmental Protection Agency, Region 6,1445
Ross Avenue Dallas, Texas 75202-2733 (214) 665-6686, 1-800-533-3508.
Mr. David Henry, New Mexico Environment Department, 1190 St.
Francis Dr., P.O. Box 26110, Santa Fe, New Mexico 87503, (505) 827-
0037.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Introduction
II. NPL Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
This document was prepared by EPA Region 6 as Notice of Intent for
Partial Deletion (Notice or NOIPD) of the Cimarron Mining Superfund
Site (EPA Site Spill No. 06B5; CERCLIS No. NMD980749378), from the
National
[[Page 38477]]
Priorities List (NPL). The NPL is the list compiled by EPA pursuant to
CERCLA section 105 of uncontrolled hazardous substance release sites in
the United States that are priorities for long-term remedial evaluation
and response. As described in 40 CFR 300.425(e)(3) of the National
Contingency Plan (NCP), sites deleted from the NPL remain eligible for
remedial actions in the unlikely event that conditions at the site
warrant such action.
The EPA will consider comments concerning this document which are
submitted within thirty days of the date of this Notice. The EPA has
also published an advertisement of the availability of this Notice in
the Albuquerque Journal and Lincoln County News.
Section II of this Notice of Intent for Partial Deletion explains
the National Contingency Plan criteria for deleting sites from the
National Priorities List. Section III discusses procedures that EPA is
using for this action. Section IV discusses the Cimarron Mining
Superfund Site and explains that portions of the site meet the NCP
deletion criteria.
II. NPL Deletion Criteria
The NCP, at 40 CFR 300.425(e), provides that sites may be deleted
from the NPL if no further response is appropriate. In making a
determination to delete a site from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria has
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed \1\ response under CERCLA has
been implemented, and no further action by responsible parties is
appropriate; or
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\1\ The ``Fund'' referred to here is the Hazardous Substance
Superfund established by section 9507 of the Internal Revenue Code
of 1986.
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iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
taking of remedial measures is not appropriate.
If, at the site of a release, EPA selects a remedial action that
results in any hazardous substances, pollutants, or contaminants
remaining at the site, CERCLA subsection 121(c), 42 U.S.C. 121(c),
requires that EPA review such remedial action no less often than each 5
years to ensure that human health and the environment are being
protected by the remedial action. Since hazardous substances will
remain at the site,\2\ EPA shall conduct such reviews. If new
information becomes available which indicates a need for further
action, EPA may initiate further remedial actions. Whenever there is a
significant release from a site deleted from the NPL, the site may be
restored to the NPL without application of the Hazard Ranking System
(HRS).\3\
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\2\ Treated soil remains on the Site at the Sierra Blanca
Operable Unit (OU2). EPA considers this treated soil area to be
protective of unrestricted use; i.e., residential or industrial
future use nonetheless, since hazardous substances will remain on
the Site, EPA is required to conduct a five-year review.
\3\ The Hazardous Ranking System, Appendix A to 40 CFR part 300,
is the method used by EPA to evaluate the relative potential of
hazardous substance releases to cause health or safety problems, or
ecological or environmental damage.
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III. Partial Deletion Procedures
EPA followed these procedures regarding the proposed partial
deletion:
(1) EPA Region 6 made a determination that no further response
action is necessary and that portions of the site may be deleted from
the NPL;
(2) EPA has consulted with the appropriate environmental agency,
the New Mexico Environment Department (NMED), and NMED concurs with
EPA's partial deletion decision;
(3) EPA has published, in a major local newspaper of general
circulation at or near the site, an advertisement of availability of
this Notice, which includes an announcement of a 30-day public comment
period regarding the Notice, and EPA distributed the Notice to
appropriate State, local and Federal officials, and to other interested
parties; and
(4) EPA placed copies of information supporting the proposed
deletion (i.e., the public deletion docket) in the site information
repositories (the locations of these repositories are identified
above).
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. As mentioned in Section
II of this Notice, 40 CFR 300.425(e)(3) of the NCP states that the
deletion of a site from the NPL does not preclude eligibility of the
site for future response actions.
EPA Region 6 will accept and evaluate public comments on this
Notice before making a final decision to delete. If necessary, EPA will
prepare a Responsiveness Summary to address any significant public
comments received.
IV. Basis for Intended Partial Site Deletion
A. Site Location and Description
The Cimarron Mining Site has two operable units (OUs). The first
operable unit (OU-1) is located approximately \1/4\ mile east of
Carrizozo, Lincoln County, New Mexico, and approximately 100 miles
south-southeast of Albuquerque, New Mexico. The site is about 10.6
acres in size, and is located in the NE\1/4\ of Section 2, Township 8S,
Range 10E, on the north side of Highway 380 (see Appendix A). The site
consisted of a conventional agitation mill, which resulted in
unpermitted discharge of contaminated liquids and the stockpiling of
contaminated liquids, tailings and other waste sediment. Access to the
site is restricted by an 8-foot fence. Approximately 1500 people live
within a two mile radius of the site.
The Sierra Blanca Operable Unit (OU2) is located approximately one
mile south of OU1 and comprises approximately 7.5 acres. The Sierra
Blanca OU was designed and operated similarly to the Cimarron mill with
the exception that cyanide was apparently not used at Sierra Blanca.
The site file information from EPA and NMED discusses a possible spill
occurring at Cimarron that most likely prompted milling operations to
be relocated to Sierra Blanca in June of 1982. The Sierra Blanca
milling location included two buildings, four discharge pits, one
cinder block trench, a septic tank system, and numerous process tanks
and material piles.
B. History
The Cimarron Mining Corporation site is an inactive milling
facility originally owned by Zia Steel Inc., and used to recover iron
from ores transported to the site. The iron recovery process took place
between the late 1960's and 1979 and involved crushing of the ore
material, creating a liquid slurry by mixing with water and collecting
the ferric (iron) portion of the mix by using a magnetic separator.
Cyanide was not used in this original process. Tailings from the
process were transported away from the site and used as fill material
in local construction projects. In 1979, the site was sold to Southwest
Minerals Corporation. Southwest Minerals began using cyanide soon
thereafter to extract precious metals from ore. Details on the
operation between 1979 and 1981 are not available other than a 1980 New
Mexico Environmental Improvement Division (NMEID) sample analysis
report. The report cited the presence of cyanide contamination in OU 1.
Southwest Minerals, a subsidiary of Sierra Blanca Mining and Milling
Company, operated at the site without the permits required for
conducting cyanide processing. In mid-1981, the operation was expanded
by adding several large mixing tanks, cyanide solution tanks and
associated pumping and conveyance equipment. The NMEID
[[Page 38478]]
sent a certified notice of violation to the property owner on June 22,
1982, for discharging into a non-permitted discharge pit and, in July
1982, the site ceased operation. No legal action was taken by the
State; the company filed for bankruptcy in July 1983, and a court
assigned bankruptcy trustee was appointed for the site.
Field inspections of the site by NMEID in February 1980, June 1982,
and in May and June 1984, revealed the presence of cyanide and elevated
metals in shallow ground water, soil and mill tailings. An Expanded
Site Inspection (ESI) was conducted from January to October 1987 by an
EPA Field Investigation Team (FIT). The objective of the ESI was to
collect additional data for the Hazard Ranking System (HRS) and to
facilitate the Remedial Investigation/Feasibility Study (RI/FS)
planning.
On-site activities performed during the ESI included surface and
subsurface soil sampling, visual inspection of process tanks, sampling
of remnant materials in the tanks, quantifying waste volumes, sampling
and geologically describing subsurface soil borings during installation
of monitoring wells, sampling ground water in the monitoring wells and
in nearby water supply wells, testing insitu permeability at the
monitor wells, and identifying adjacent land uses.
Based on the findings of site investigations and the preparation of
the HRS package, the Cimarron Mining Corporation Site was proposed for
addition to the National Priorities List (NPL) on June 24, 1988, and
finalized on October 4, 1989.
The OU1 selected remedy for ground water treatment consists of
extracting contaminated shallow ground water and discharging to the
City of Carrizozo sewage treatment plant, meeting all pretreatment
requirements prior to discharge. Ground water treatment in OU1 will
continue as long as it demonstrates effective, or, until the site is
taken over by the state in 2004. The OU2 selected remedy includes the
excavation and treatment of arsenic and lead contaminated soils by
mixing the soils with cement and placing them in the on-site discharge
pit with a native soil cover and native re-vegetation. Pursuant to
section 104(c)(6) of CERCLA, EPA is authorized to share the cost of
restoration of the ground water for a period of up to ten years or
until the level of protectiveness, as defined in the Record of
Decision, is achieved. The ten-year period began when the ground water
remedy at the Cimarron Unit became operational and functional and
adheres to the statutory provisions in 40 CFR 300.435(f)(3) and
300.435(f)(4). Based on mutual agreement between EPA and NMED, the
ground water extraction and treatment system was deemed operational and
functional beginning January 30, 1994.
C. Characterization of Risk
Due to remedial actions by EPA and NMED, and the long term remedial
action for contaminated ground water, EPA verifies the implemented
remedy for the portions of the site proposed to be deleted is
protective of human health and the environment.
D. Community Involvement
Public participation activities have been satisfied as required in
CERCLA subsection 113(k), 42 U.S.C. 9613(k), and in CERCLA section 117,
42 U.S.C. 9617. Documents in the deletion docket on which EPA relied
for recommendation of the site partial deletion from the NPL have been
made available to the public in the three information repositories as
specified above.
E. Proposed Action
In consultation with NMED, EPA has concluded that all appropriate
response actions required at portions of the site proposed to be
deleted have been met. Neither the CERCLA-required five-year reviews
nor operation and maintenance of the ground water remedy are considered
further response action for these purposes. The ground water remedy for
OU 1, which is the portion of the site not being proposed for deletion,
will continue until the remedial action level for cyanide has been met
or an alternate treatment and/or remedial action level is selected by
EPA and the State.
In a letter dated January 25, 1999, NMED formally concurred with
the partial deletion of the site and stated NMED's satisfaction with
all completed remedial tasks as defined in the ROD. Moreover, EPA, in
consultation with NMED, has determined that site surface soils at both
OU 1 (Cimarron) and OU 2 (Sierra Blanca) now pose no significant threat
to public health or the environment and that the Sierra Blanca site is
suitable for future redevelopment. Consequently, EPA proposes this
partial deletion of the Cimarron Mining Superfund Site.
Dated: May 31, 2000.
Lynda Carroll,
Acting Regional Administrator, EPA Region 6.
[FR Doc. 00-15393 Filed 6-20-00; 8:45 am]
BILLING CODE 6560-01-P