Jump to main content.

Federal Register Notice

This page contains the following two Federal Register Notices:

42598 - 42602 Federal Register: Direct final notice of deletion of the Arctic Surplus Site from the National Priorities List (Published July 27, 2006).

55742 - 55743 Federal Register: Notice of deletion of the Nineteenth (19th) Avenue Landfill Superfund Site from the National Priorities List (Published September 25, 2006).

horizontal navy line

Notice of Direct Final Action, Effective September 25, 2006

42598 - 42602 Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

42598 - 42602 Federal Register / Vol. 71, No. 144 / Thursday, July 27, 2006 / Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300
[EPA-HQ-SFUND-1990-0011; FRL-8202-8]

National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List

AGENCY: Environmental Protection Agency.
ACTION:  Direct final notice of deletion of the Arctic Surplus Site from the National Priorities List.

SUMMARY:

The Environmental Protection Agency (EPA), Region 10, is publishing a direct final notice of deletion of the Arctic Surplus Site (Site), located in Fairbanks, Alaska, 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 appendix B of 40 CFR part 300, which is 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 Alaska, through the Alaska Department of Environmental Conservation (ADEC) because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.

DATES:

This direct final deletion will be effective September 25, 2006 unless EPA receives adverse comments by August 28, 2006. 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.

[Return to Table of Contents]

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-1990-0011, by one of the following methods:

Instructions:

Direct your comments to Docket ID No. EPA-HQ-SF-1990-0011. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http://www.regulations.gov , your e-mail will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket:

All documents in the docket are listed in the http://www.regulations.gov index in the Deletion Docket Bibliography. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Deletion Docket materials are available electronically or in hard copy at the EPA's Region 10 Superfund Records Center, 1200 Sixth Avenue, Seattle, Washington 98101 and the Defense Reutilization & Marketing Office (Administrative Records) Building 5001, Mile Badger Road, Fairbanks, AK 99703 at (907) 353-1143. The Region 10 Superfund Records Center is open from 8 a.m. to 4:30 p.m. by appointment, Monday through Friday, excluding legal holidays. The Superfund Records Center telephone number is (206) 553-4494.

FOR FURTHER INFORMATION CONTACT:

Jacques L. Gusmano
Remedial Project Manager
U.S. Environmental Protection Agency
Region 10
Alaska Operations Office
222 West 7th Avenue, Suite 19
Anchorage, Alaska 99513
phone: (907) 271-1271
fax: (907) 271-3424
e-mail: gusmano.jacques@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I.Introduction
II.NPL Deletion Criteria
III.Deletion Procedures
IV.Basis for Intended Site Deletion
V.Deletion Action

[Return to Table of Contents]

I. Introduction

EPA Region 10 is publishing this direct final notice of deletion of the Arctic Surplus Site, which is located in Fairbanks, Alaska from the NPL.

The 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. As described in 300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible for remedial actions if conditions at a deleted site warrant such action.

Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication of a notice of intent to delete. This action will be effective September 25, 2006 unless EPA receives adverse comments by August 28, 2006 on this document. If adverse comments are received within the 30-day public comment period for this document, EPA will publish a timely withdrawal of this direct final 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 Arctic Surplus Salvage 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.

[Return to Table of Contents]

II. NPL Deletion Criteria

Section 300.425(e) of the NCP provides that sites may be deleted from, or recategorized on the NPL, where 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 have been met:

  1. Responsible parties or other parties have implemented all appropriate response actions required;

  2. All appropriate Fund-financed responses under CERCLA have been implemented, and no further action by responsible parties is appropriate; or

  3. The Remedial Investigation has shown that the site poses no significant threat to public health or the environment and, therefore, remedial measures are not appropriate.

Even if a site is deleted from the NPL, where hazardous substances, pollutants or contaminants remain at the site above levels that allow for unlimited use and unrestricted exposure, CERCLA section 121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site will be conducted at least every five years after the initiation of the remedial action at the deleted site to ensure that the site remains protective of public health and the environment. If new information becomes available which indicates a need for further action, EPA may initiate additional remedial actions. Whenever there is a significant release from a deleted site from the NPL, the site may be restored to the NPL without application of the Hazard Ranking System.

In the case of this site, the selected remedy is protective of human health and the environment; however, because the remedy leaves waste on site above levels that allow for unlimited use and unrestricted exposure, a review of the selected remedy will be conducted at least every five years from initiation of the remedial action.

[Return to Table of Contents]

III. Deletion Procedures

The following procedures apply to deletion of the Site:

  1. EPA Region 10 issued a Record of Decision (ROD) and an Explanation of Significant Differences (ESD) which documented the remedial action goals.

  2. The Defense Logistics Agency (DLA) issued a Remedial Action Report and a Final Closeout Report indicating remedial activities completed was issued by EPA.

  3. The State of Alaska has concurred with the proposed deletion decision.

  4. Concurrently with the publication of this direct final notice of deletion, a notice of the availability of the parallel notice of intent to delete published today in the "Proposed Rules" section of the Federal Register is being published in the Fairbanks Daily News-Miner and is being distributed to appropriate Federal, State, and local government officials and other interested parties; the newspaper notice announces the 30-day public comment period concerning the notice of intent to delete the Site from the NPL.

  5. All relevant documents have been compiled in the site deletion docket and made available in the local site information repositories. If adverse comments are received within the 30-day public comment period on this document, EPA will publish a timely notice of withdrawal of this direct final notice of deletion before its effective date. 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.

Deletion of the Site from the NPL does not in itself, create, alter or revoke any individual's rights or obligations. The NPL is designed primarily for informational purposes and to assist Agency management. As mentioned in Section II of this document, Sec. 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.

[Return to Table of Contents]

IV. Basis for Intended Site Deletion

The following site summary provides the Agency's rationale for the proposal to delete this Site from the NPL.

Site Background and History

The Arctic Surplus Site, which consists of several land parcels, occupies 24.5 acres and is located on the northeast corner of Badger Road and the Old Richardson Highway, approximately six miles southeast of Fairbanks, Alaska. The western portion of the site was owned by the Department of Defense (DOD) and, from 1944 to 1956, a landfill used by the military was located on the parcel. Following its sale by DOD in 1959, the entire site was used as a salvage yard, resulting in the accumulation of a large amount of both salvageable and non-salvageable materials. The salvage yard activities that have impacted the site include:

Arctic Surplus was the subject of a Preliminary Assessment Report under the CERCLA dated June 29, 1987, and a Site Inspection in August/September 1988. The Site was proposed for the NPL on October 26, 1989, and was listed on August 30, 1990

Since its identification as a CERCLA site, numerous investigations and removal actions have been performed to characterize the Site and address potential Site risks. Removal actions were completed during 1989, 1990, and 1991 by EPA and by the Defense Logistics Agency (DLA) for DOD. During 1989, the site was fenced, approximately 22,000 pounds of asbestos were removed, and approximately 75 gallons of the pesticide, chlordane, were stabilized and removed. During 1990, more extensive removal actions included the dismantling of an incinerator and removal and offsite disposal of associated ash and contaminated soil, and the removal and offsite disposal of approximately 13 cubic yards of PCB-contaminated soil, 315 cubic yards of lead-contaminated soil from "battery-cracking," and approximately 160 cubic yards of chlordane-contaminated soil. The removal actions also included bulking and removal of containerized waste, removal of battery casings, draining and disposal of transformer oils, and capping of specific areas of contaminated soil. In 1991, another removal action was completed to investigate alleged buried hazardous wastes and delineate the extent of localized contamination. To facilitate the investigation, approximately 300 non-PCB transformers were moved and staged for removal.

The Remedial Investigation (RI) began in 1992 and was completed in 1994. In the RI, several potential source areas were identified including on the western half of the Site:

Additional potential source areas in other parts of the site were drum storage areas, and salvage and debris piles scattered all around the property. The two primary contaminants of concern (COCs) identified were lead and PCBs. Lead was identified at concentrations greater than 500 milligrams per kilogram (mg/kg) in surface soils over much of the western portion of the Site. It was also found at elevated concentrations in a limited number of samples of off-property soils, presumably transported by traffic, filling, and grading, or particulate transport from wind. PCB transformer oils were found in old transformers, drums, and oil-stained soils in several areas of the Site. During the 1990 removal actions, free product in containers was removed and heavily contaminated soils were excavated and removed from the Site. Subsequent analyses of the surface soil throughout much of the western part of the Site detected elevated concentrations of PCBs in surface soils, locally in excess of 100 mg/kg. Groundwater quality was studied in the RI as a potential contaminant pathway. One on-site monitoring well contained trichloroethylene (TCE) ranging from 6-14 ug/l (drinking water standard for TCE, 5 ug/l); this on-site well was located in the center of the property. No wells down gradient of this well, or any area residential wells had TCE concentrations above MCLs.

Selected Remedy

On September 28, 1995, the Regional Administrator signed a Record of Decision (ROD) selecting the following remedy:

Response Actions

EPA was negotiating an Agreement on Consent (AOC) with DOD when the remedial actions were begun. The final AOC was signed on December 11, 2003. The other PRPs did not participate in the cleanup actions. The cleanup activities that were conducted had two major objectives; to implement the ROD including the ESD changes; and to remove or demilitarize any ordnance or potentially explosive items. A Remedial Action Work Plan for the ROD which specified soil cleanup activities was issued in May 2003. Implementation of the soil remedy began in June 2003. The CERCLA remedial actions included:

Operation and Maintenance

Pursuant to the Administrative Order of Consent dated December 11, 2003, the long-term groundwater monitoring and the operations and maintenance (O&M) actions will be performed by DOD for the first five years, ending in September 2008. There are seven existing onsite groundwater monitoring wells that will be used for the long-term monitoring. There are three wells specifically downgradient of the new containment cell and one upgradient. The three other wells included in the long-term monitoring are along the northern property boundary. Provisions are included to extend this commitment as needed to maintain the site. The current O&M plan includes semi-annual groundwater monitoring and assessment of cap integrity.

Institutional Controls

The institutional controls relating to site access and land use restrictions were not part of the Administrative Order, but were made part of a State of Alaska action using a document called "Conservation Easement," recorded on September 21, 2004. This type of enforceable document was used at Arctic Surplus because there was no Settlement Document, i.e., consent decree, signed by all of the PRPs, only an Administrative Order with DOD. The signatories to the Conservation Easement for Arctic Surplus are the property owners, who have agreed to the terms of the Conservation Easement. The administration and enforcement of this document for Arctic Surplus was delegated to ADEC by the Alaska Department of Natural Resources (ADNR) by a Management Right Assignment dated September 29, 2004. This Assignment has been filed by ADNR for the State of Alaska. This Conservation Easement document also includes EPA as a partner to ADEC for management and enforcement. ADEC has the responsibility to implement the Conservation Easement as an institutional control, and will provide EPA and the PRPs with a notice of any problems based on any site inspections.

Five-Year Review

Hazardous substances remain at the Site above levels that allow unlimited use and unrestricted exposure after the completion of the remedial action. Pursuant to CERCLA section 121(c) and as provided in the current guidance on Five-Year Reviews: OSWER Directive 9355.7-03B-P, Comprehensive Five-Year Review Guidance, dated June 2001, EPA must conduct a statutory Five-Year Review. The first Five-Year Review Report will be completed by December 22, 2008.

Community Involvement

EPA held nine public meetings, issued 13 fact sheets and published notices of three public comment periods in the Federal Register and in local newspapers. The meetings and fact sheets focused on CERCLA-required comment periods, informational meetings, enforcement actions, alternative analysis or schedule announcements, and public involvement sessions. Since completion of remedial actions there have been minimal public comments.

Applicable Deletion Criteria

One of the three criteria for deletion specifies that EPA may delete a site from the NPL if "responsible parties have implemented all appropriate response actions required." EPA, with the concurrence of the State of Alaska, believe that this criterion for deletion has been met. There is no significant threat to human health or the environment and, therefore, no further remedial action is necessary.

State Concurrence

In a letter dated May 23, 2006, from the Alaska Department of Environmental Conservation (ADEC), ADEC concurs with the proposed deletion of the Arctic Surplus Site from the NPL.

[Return to Table of Contents]

V. Deletion Action

The EPA, with concurrence of the State of Alaska, has determined that all appropriate responses under CERCLA have been completed, and that no further response actions, under CERCLA, other than O&M and five-year reviews, are necessary. 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 25, 2006 unless EPA receives adverse comments by August 28, 2006. 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. In this case, 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.

[Return to Table of Contents]

List of Subjects in 40 CFR Part 300

Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

Dated: July 18, 2006.

Michelle Pirzadeh,
Acting Regional Administrator, Region 10.

PART 300—[AMENDED]

Authority:  42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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—[Amended]

[FR Doc. E6-11809 Filed 7-26-06; 8:45 am]

BILLING CODE 6560-50-P

horizontal navy line

Federal Register Notice

55742 - 55743 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300
[FRL-8222-9]

National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List Update

AGENCY: Environmental Protection Agency.
ACTION: Notice of deletion of the Nineteenth (19th) Avenue Landfill Superfund Site from the National Priorities List.

SUMMARY:

The Environmental Protection Agency (EPA) announces the deletion of the Nineteenth (19th) Avenue Landfill Site (Site), located in Phoenix, Maricopa County, Arizona, from the National Priorities List (NPL). The NPL is Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA and the State of Arizona have determined that the Site poses no significant threat to public health or the environment and, therefore, no further remedial measures pursuant to CERCLA are appropriate.

DATES:

Effective Date: September 25, 2006.

FOR FURTHER INFORMATION CONTACT:

Nadia Hollan
Remedial Project Manager
Mail Code: SFD-8-2
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, California 94105-3901
hollan.nadia@epa.gov
(415) 972-3187 OR 1-800-231-3075 (message line)

or

William DePaul
Remedial Project Manager
Arizona Department of Environmental Quality
1110 West Washington Street
Phoenix Arizona, 85007
depaul.william@azdeq.gov
(602) 771-4654

SUPPLEMENTARY INFORMATION:

The site to be deleted from the NPL is: Nineteenth (19th) Avenue Landfill Site, Phoenix, Maricopa County, Arizona.

A Notice of Intent to Delete for this Site was published in the Federal Register on August 14, 2006 (71 FR 46429). The closing date for comments on the Notice of Intent to Delete was September 13, 2006. Two written comments were received; therefore EPA has prepared a Responsiveness Summary (See Appendix 1 below). In addition, EPA received a request from a community group representative to extend the public comment period. This is also addressed in the Responsiveness Summary. EPA has considered all public comments in its final decision to delete the Site from the NPL.

EPA identifies sites that appear to present a significant risk to public health, welfare, or the environment and it maintains the NPL as the list of those sites. Any site deleted from the NPL remains eligible for Fund-financed remedial actions in the unlikely event that conditions at the site warrant such action. Section 300.425(e)(3) of the NCP states that Fund-financed actions may be taken at sites deleted from the NPL. Deletion of a site from the NPL does not affect responsible party liability or impede agency efforts to recover costs associated with response efforts.

Appendix 1—Responsiveness Summary

The Responsiveness Summary has been prepared to provide responses to comments submitted to EPA during the 30-day public comment period regarding the Notice of Intent to Delete (71 FR 46429) for the 19th Avenue Landfill Superfund Site. The original comments are summarized below and available at http://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-1983-0002, with the support materials under document type "public submissions", and at the information repositories at the following addresses:

Arizona Department of Environmental Quality Records Center
1110 West Washington Street
Phoenix, Arizona 85007
(602) 771-4380 or 1 (800) 234-5677, ext. 771-4380
Hours: M-F 8:30 a.m.-4:30 p.m.

City of Phoenix Public Library
Government Documents Section
1221 North Central Avenue
Phoenix, Arizona 85004
(602) 262-4636
Hours: M-Th 10 a.m.-9 p.m., Fr&Sa 10 a.m.-6 p.m., Su 12 p.m.-6 p.m.

and

U.S. EPA Superfund Records Center
95 Hawthorne Street
San Francisco, California 94105
(415) 536-2000
Hours: M-F 8 a.m.-5 p.m.

Summary of Comment #1, Letter from Stephen M. Brittle, President, Don't Waste Arizona, Inc. (DWAZ): The majority of the comments are concerns regarding the impact of the Site to groundwater contamination. Mr. Brittle stated that the delisting "will remove the appropriate protections that the Superfund program is supposed to provide". Specifically, there is a concern that during the landfill cleanup in the 1990's barrels of hazardous waste were left in the landfill and could ultimately leak, impacting groundwater in the future. There is also a concern regarding "plumes of chemical contamination moving off the landfill site" and DWAZ believes it has received conflicting information regarding the source of the contamination. It also appears to the group that EPA has allowed the plumes to migrate and fall below action levels rather than taking appropriate action to clean them up.

Response to Comment #1: The landfill contains a variety of contaminants which have the potential to leach into the groundwater. Since removing all of the landfill contamination was not feasible, the EPA and ADEQ selected the remedy to include leaving the refuse in place, preventing the landfill from eroding during flood seasons with levees and a soil cap, and controlling the soil gas produced with a landfill gas collection and treatment system. The landfill cap also reduces infiltration of rainwater, which will reduce the potential for leaching. Also as part of the remedy, the City of Phoenix is required to monitor groundwater at the landfill in perpetuity, and required to implement a "groundwater contingency plan" should any constituent due to landfill contamination exceed action levels. This plan involves follow-up sampling to confirm the results, and an evaluation of remedial alternatives for groundwater cleanup should the contamination pose a threat to human health and the environment. The deletion does not affect this requirement, nor does it prevent EPA or ADEQ from requiring cleanup of groundwater should there be an impact in the future. As explained later in this response, EPA acknowledges that there are elevated levels of contaminants in the groundwater at the landfill, however it has been determined that the landfill is not a source of this contamination based on the review of monitoring data that has been collected quarterly for almost 20 years.

Regarding the allegations of buried barrels, a letter was sent to ADEQ in August 1996, complaining that barrels were improperly handled. Potentially hazardous material was drained out of leaking drums, mixed with surrounding soil/debris, excavated and stored in roll-off containers, and then re-buried in the landfill. Therefore, the material was already taken out of the drums. The complaint gave rise to the question of whether the material was hazardous and whether it was handled appropriately, and this was investigated by ADEQ and EPA at the time. The conclusions of the investigation were provided by EPA to the complainant in February 1998.

Regarding groundwater contamination in the area, only three constituents have ever exceeded action levels on multiple occasions in the landfill monitoring well network: 1,1-dichloroethylene (1,1-DCE), vinyl chloride, and arsenic. There is a known plume of 1,1-DCE moving under the landfill, however, EPA and ADEQ have determined that the 1,1-DCE plume is from an upgradient source, and that the 19th Avenue Landfill is not contributing (Assessment of Upgradient 1,1-DCE for City of Phoenix 19th Avenue Landfill, Dames & Moore, November 1998). Vinyl chloride was detected above the action level in one of the monitoring wells and was also from off-site sources unrelated to the landfill. Vinyl chloride has not been above the action level since 2002 (19th Avenue Landfill Exceedence Report for Vinyl Chloride, URS, June 2002, and Response to Agency Comments to the June 2002 Report, URS, April 2003). Arsenic has been detected above action levels in two of the on-site wells, however arsenic is below levels of concern outside the boundaries of the landfill. EPA and ADEQ determined that the source of the arsenic is not contamination from the landfill itself, but native arsenic present in the soils. The arsenic is being mobilized into groundwater over a small area due to the oxygen low conditions near the landfill. (Exceedence Report for Arsenic at Monitoring Well I-4, URS, December 2003, Technical Memorandum of Arsenic Concentrations in Groundwater Monitor Wells, Hugh Rieck, ADEQ, April 2004, and Exceedence Report for Arsenic at Monitoring Well I-4, URS, June 2006, reference arsenic report). Again, if in the future it is determined that groundwater is impacted by the landfill, the protections will remain in place to compel cleanup. The supporting information that is referenced above is available in the deletion docket and site repositories and can also be provided to DWAZ.

Summary of Comment #2, Request from Michael Pops, President, Concerned Residents of South Phoenix: Mr. Pops contacted EPA and ADEQ by telephone with a request to extend the public comment period. He believed the community outreach EPA conducted regarding the notice was inadequate and requested that EPA and ADEQ conduct an outreach campaign to fully inform the affected community of the proposed action. He also was concerned with future use of the Site, and that the community would be unable to provide input or ensure that redevelopment plans would be acceptable to the community.

Response to Comment #2: EPA decided not to extend the timeframe for comment on this action beyond the required 30 days. EPA believes there was adequate time for the community to raise significant concerns regarding the deletion, and that the deletion action itself will not impact the community's ability to comment on issues regarding the Site. EPA had issued a fact sheet to the Site mailing list and published a notice in the local paper, The Arizona Republic. We will work with ADEQ and the City of Phoenix to update the Community Involvement Plan and add other local newspapers and community groups to the outreach strategy as suggested for future actions. The public will continue to have an opportunity to comment to ADEQ, the lead agency, on any actions or activities associated with the Site even after deletion, particularly during the statutory Five-Year Review process.

Regarding future development at the Site, any plans would still need to follow all the applicable criteria under CERCLA and the NCP, and be protective of human health and the environment. In addition, the City of Phoenix filed a Declaration of Environmental Use Restriction on the property title in July 2006, prohibiting residential use and ensuring a process by which no landowner will be allowed to interfere with the remedy.

Summary of Comment #3, Letter from Karen O'Regan, City of Phoenix, Environmental Programs: This comment is in "support and concurrence" with the deletion action, and an expression of the commitment the City has to ensuring the remedy will be maintained and the groundwater monitored. The City will work with ADEQ on any "viable reuse proposals".

Response to Comment #3: EPA appreciates the concurrence, and on-going commitment to ensure the remedy will be maintained. EPA encourages the City to consider community concerns regarding the Site in the future, particularly as associated with the issues expressed by the community during this public comment period, and any input that may be provided during additional community involvement activities.

List of Subjects in 40 CFR Part 300

Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

Dated: September 18, 2006

Laura Yoshii,
Acting Regional Administrator, Region 9.

For the reasons set out in this document, 40 CFR part 300 is amended as follows:

PART 300—[AMENDED]

1. The authority citation for part 300 continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to Part 300 is amended under [Arizona] ("AZ") by removing the entry for the Nineteenth Avenue Landfill site in Phoenix, Arizona.

[FR Doc. 06-8175 Filed 9-22-06; 8:45 am]

BILLING CODE 6560-50-P

Top of page

OSWER Home | Superfund Home | Innovative Technologies Home

Local Navigation

Jump to main content.