[Federal Register Volume 66, Number 146 (Monday, July 30, 2001)]
[Rules and Regulations]
[Pages 39284-39288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-18818]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7020-1]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Dixie Caverns County
Landfill Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final notice of deletion of the Dixie Caverns
County Landfill Superfund Site (Site), located in Roanoke County, near
Salem, Virginia, 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 Commonwealth of Virginia, through the Virginia
Department of Environmental Quality, 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 28, 2001
unless
[[Page 39285]]
EPA receives adverse comments by August 29, 2001. 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: Comments may be mailed to: Matthew T. Mellon, Remedial
Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street,
Philadelphia, PA 19103-2029, (215) 814-3168.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information
repositories located at: U.S. EPA Region III, Regional Center for
Environmental Information (RCEI), 1650 Arch Street (2nd Floor),
Philadelphia, PA 19103-2029, (215) 814-5254, Monday through Friday, 8
a.m. to 5 p.m.; and the Glenvar Branch of the Roanoke County Public
Library, 3917 Daugherty Road, Salem, VA 24153, (540) 387-6163, Monday
through Thursday, 9 a.m. to 9 p.m. and Friday through Saturday, 9 a.m.
to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Matthew T. Mellon, Remedial Project
Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia,
PA 19103-2029, (215) 814-3168 or 1-800-553-2509.
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 III is publishing this direct final notice of deletion
of the Dixie Caverns County Landfill Superfund Site 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 the Section 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 28, 2001
unless EPA receives adverse comments by August 29, 2001 on this
document. If adverse comments are received within the 30-day public
comment period on 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 Dixie Caverns County Landfill
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
Section 300.425(e) of the NCP provides that releases may be deleted
from 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:
i. responsible parties or other persons have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) 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.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted access, CERCLA Section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site
be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. 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) The EPA consulted with the Commonwealth of Virginia on the
deletion of the Site from the NPL prior to developing this direct final
notice of deletion.
(2) The Commonwealth of Virginia concurred with 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 published today in the ``Proposed Rules'' section of
the Federal Register is being published in a major local newspaper of
general circulation at or near the Site 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.
(4) The EPA placed copies of documents supporting the deletion in
the Site information repositories identified above.
(5) 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 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:
Executive Summary of the Basis for Site Deletion
The Dixie Caverns County Landfill was operated from 1965 to 1976.
The Site was the focus of two Removal Actions and two Records of
Decision (RODs). Through these actions, a fly ash pile was removed for
High Temperature Metals Recovery (HTMR); sediment from two streams that
had been contaminated by this ash were excavated, stabilized, and
landfilled on Site; numerous drums were removed from the Site; and
sludge and associated
[[Page 39286]]
soils and sediment were excavated and disposed of off-site.
The only waste remaining at the Site is contained in a landfill
area (specifically constructed for it) as ``concrete-like'' stabilized
blocks and in a small (5 cubic yards) pocket of fly ash-contaminated
sediments, securely entombed deep in an inaccessible stream bank. To
date, there has been no leachate collected from the NPL landfill,
although the leachate collection system is indeed functioning properly.
Since there has been no leachate produced, no analyses have been
necessary. The condition of the landfill and cap are good, and there
are no significant erosional problems at the Site.
Consequently, the remedy implemented at the Site for the
stabilization and containment of sediments contaminated with arc-
furnace fly ash (listed as K061 waste under the Resource Conservation
and Recovery Act (RCRA)) has been, and remains, protective. The streams
flowing through the Site have recovered well from the impact of the
removal actions, and appear to be ecologically quite healthy.
Summary of Contaminated Areas Addressed at Dixie Caverns County
Landfill Superfund Site:
Drum Disposal Area--August 1988 through May 1989: Drums
stabilized and overpacked for transport off-site to a hazardous waste
disposal facility.
Sludge Pit--August 1988 through May 1989: Removal,
stabilization and off-site disposal of approximately 500 cubic yards of
sludge and contaminated soil.
Fly Ash Pile--August 1994 through January 1996: Excavation
and transport of approximately 9,000 cubic yards of fly-ash material to
off-site High Temperature Metals Recovery (HTMR) facility.
Stream Sediments and Soil--1993 through 1997: Excavation,
stabilization and containment of contaminated soils and stream
sediments related to the fly ash pile; and placing the ``concrete-
like'' blocks into an on-site landfill.
Site History and Characteristics
The Dixie Caverns Landfill Site (``Site'') is located in Roanoke
County, near Salem, Virginia, along State Route 778, approximately one
mile west of Exit 132 (``Dixie Caverns'') on Interstate 81 (heading
south from Roanoke). The landfill is currently owned by the County of
Roanoke, and was operated by the County from 1965 until 1976. During
its operation, the landfill received unknown quantities of industrial
refuse, scrap metal, fly ash, sludge, and other industrial wastes. When
the landfill was closed in July 1976, it contained an estimated 440,000
cubic yards of waste covering approximately 39 acres.
The Site is located in a rural area with the nearest residence
located approximately one-half mile southeast along Twine Hollow road.
A total of 235 residents live within a one-mile radius of the Site, and
an estimated 2,110 residents live within three miles. Within one mile
of the Site, private wells are used as the source of potable water.
Municipal and industrial wastes were first disposed of at the Site
in 1965. In 1972, the County of Roanoke was notified by the
Commonwealth of Virginia that its operation had to be phased out by
July 1, 1973, which was the deadline for jurisdictions to obtain a
solid waste disposal permit. After several unsuccessful attempts to
obtain a permit, the landfill ceased operation in July 1976.
In June 1983, EPA completed a Preliminary Assessment of the Site
and identified several disposal areas including a large fly ash pile of
undetermined constituents. As a result of these initial investigations,
the County of Roanoke signed a Consent Order with EPA in September 1987
to conduct a Removal Action at three disposal areas--a discarded drum
area, a sludge pit, and the fly ash pile. The County completed removal
activities in the drum area and sludge pit. EPA approved the County
plan to treat the fly ash using a proprietary stabilization process.
The treated waste was to be placed on Site. Prior to initiation of
full-scale treatment, the Commonwealth of Virginia identified
inconsistencies between the county plan and state regulations. EPA
consequently recommended that the County suspend the Removal Action for
stabilization of the fly ash pile.
For the Drum Disposal Area, removal activities consisted of the
removal of construction debris, tires, and approximately 300 drums,
along with identification (if possible) of the drum's origin. Prior to
removal, each drum was visually inspected, field-tested, pumped,
overpacked, and/or moved directly to a drum staging area. Drums were
inspected for identifying labels or other information pertaining to
their possible contents, drum integrity, and volume of material. Drums
containing liquids were pumped and/or overpacked prior to removal to
the designated staging/sampling area. Compatible liquids were
consolidated into a bulk storage/transportation tanker, and
incompatible liquids and non-pumpable sludges were pumped, overpacked
or stabilized in drums for off-site disposal in an approved hazardous
waste disposal facility.
Drums containing solid material were overpacked, and/or removed and
placed in the designated sampling/staging area. All solids requiring
disposal were either blended with other solids for bulk disposal or
disposed of as drummed waste in an approved hazardous waste facility.
Sampling from the drum disposal area indicated high levels of volatile
and semi-volatile organic compounds.
Removal activities for the sludge pit consisted of the removal of
approximately 500 cubic yards of sludge and contaminated soil, followed
by disposal off-site in an approved hazardous waste disposal facility,
post excavation sampling to ensure all hazardous materials had been
removed, backfill and grading with clean fill, and revegetating the
area for erosion control. This area contained high levels of various
organic compounds.
The Dixie Caverns Landfill Site was proposed for listing on the
Superfund National Priorities List (NPL) on January 22, 1987. The Site
was formally listed on the NPL on October 4, 1989.
On January 2, 1988 and April 26, 1989, EPA sent special notice
letters pursuant to Section 122(e) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. Section
9622(e), to identified Potentially Responsible Parties (PRPs) and to
offer them the opportunity to perform a Remedial Investigation and
Feasibility Study (RI/FS) of the Site. When the PRPs declined to
perform the work in July 1989, EPA initiated an RI/FS to determine the
full nature and extent of contamination at the Site.
Although the Remedial Investigation had not yet been completed, EPA
had sufficient information in September 1991, to determine the
appropriate remedy for the fly ash, identified under the Resource
Conservation and Recovery Act (RCRA) as K061. This waste is a listed
hazardous waste under the regulations promulgated at 40 CFR 261.32
pursuant to RCRA, 42 U.S.C. Sections 6901 et seq. The K061 waste pile
contained several metals, including lead, cadmium and zinc, at levels
that presented an imminent and substantial threat to human health and
the environment. On September 30, 1991, EPA issued a Record of Decision
(ROD) to address the approximately 9,000 cubic yards of K061 waste (fly
ash) present at the Site. As described in the 1991 ROD, the selected
remedy for the fly ash pile was removal of the fly ash from the Site
and treatment of the fly
[[Page 39287]]
ash at a High Temperature Metals Recovery (HTMR) facility. The fly ash
pile was addressed separately from the rest of the Site as Operable
Unit 1 (OU1). The PRPs entered into a consent decree with EPA in June
of 1993 agreeing to implement the remedy selected in the OU1 ROD.
The Remedial Action (construction) was formally initiated on August
15, 1994. The contractor conducted remedial activities as planned, and
no additional areas of contamination were identified. EPA Concurrence
Notices dated November 15, 1995 and January 30, 1996 were issued to the
PRP pursuant to the OU1 Consent Decree to document that the ``Remedial
Action'' and the ``Work'' had been completed and the Performance
Standards of the OU1 ROD had been achieved.
At the time that the 1991 ROD was issued, EPA designated all other
areas of the Site (except the K061 waste pile) as Operable Unit 2
(OU2). These areas were addressed in a Remedial Investigation Report
dated January 1992. As part of the Remedial Investigation for OU2,
surface water and sediment samples were obtained from the small streams
adjacent to the northern portion of the Site. The analytical results of
these samples were evaluated and three contaminants of potential
concern (lead, cadmium and zinc) were identified.
Because of the high levels of inorganic contaminants found in the
stream sediments, the EPA evaluated the need for an expedited response.
EPA subsequently determined that an imminent threat to public health,
welfare and/or the environment existed due to the actual release of
hazardous substances from the Site. As a result, on August 28, 1992,
EPA and the PRPs entered into an Administrative Order by Consent for
Removal Action (Removal Order) pursuant to Sections 106(a) and 122(a)
of CERCLA, 42 U.S.C. Sections 9606(a) and 9622(a). The Removal Order
required that the PRPs:
Identify the extent of contamination exceeding ecological
risk-based levels in two streams at the Site and in soils in the
vicinity of and directly beneath the K061 waste pile,
Eliminate the effect of contamination on aquatic and
vegetative species located in and around the two streams and,
Remove, treat, and/or dispose of contaminated soils in the
vicinity of and directly beneath the K061 waste pile.
The Removal Order required that the PRPs develop and implement a
Response Action Plan (RAP) to meet the requirements of the Removal
Order. The RAP included sampling the streams to determine the extent of
contamination, and then excavating the sediment contaminated by the fly
ash and the contaminated soils underlying the fly ash pile. The
contaminated sediment and soil would then be stabilized using a
proprietary process developed by Roanoke Electric Steel and approved by
EPA and Virginia regulatory agencies. The process would involve
stabilizing the waste to form concrete-like blocks, and then
landfilling the blocks on-site in a properly designed landfill. After
cleanup, sampling and analysis would confirm the success of the plan.
Implementation of the RAP took place over a five-year period from
1993 to 1997. The work took place in five stages. The first step
included sampling and analysis of stream sediment. Erosion and sediment
control measures were designed and implemented, access to adjoining
properties was obtained, and plans were made to manage contaminated
water.
The second and third steps involved excavation and stabilization of
contaminated soil and sediment.
The fourth step involved landfill construction and final disposal.
A geological and hydrogeological investigation confirmed the
suitability of the Site for a landfill. The RCRA subtitle ``C''
landfill was designed in compliance with all applicable regulations.
The landfill was filled, capped, and certified closed.
The fifth step was site cleanup. Access, roadway, and production
areas were cleaned, equipment was decontaminated, and mixing equipment
was disposed of.
A report certifying the successful cleanup of soils in the vicinity
of and directly beneath the K061 waste pile was submitted by the PRPs
on September 26, 1995. Work on sediment removal and stabilization
continued through the early summer of 1997. A final inspection was
conducted by EPA on July 31, 1997. A Report entitled ``Implementation
of a Response Action Plan to Remove, Stabilize, and Dispose of Soils
and Sediment at Dixie Caverns Landfill'' dated September 4, 1997 was
submitted by the PRPs documenting that all requirements of the Removal
Order had been met. EPA accepted this report on September 18, 1997.
EPA selected ``no further action'' as the remedy for OU2. The OU2
ROD covered those areas of the Site which were not addressed by OU1
(the K061 waste pile) or the Removal Order (sediments in the adjacent
stream and soils in the vicinity of and beneath the K061 waste pile).
EPA's rationale for the ``no further action'' decision was that
previous remedial and removal actions addressed all risks posed by the
Site and no further action was necessary. The OU2 ROD was signed on
September 28, 1992.
There are no long-term requirements associated with the work of the
OU1 ROD and the OU1 Consent Decree. A Post-Closure Care Plan for the
on-Site landfill containing the stabilized soils and sediments has been
developed to provide methods and schedules for operation and
maintenance of the landfill components, including vegetative cover,
erosion and sediment control, and the landfill leachate collection and
disposal system.
A small pocket of sediment in the south bank of the large sediment
pond was unable to be excavated due to its inaccessible location. The
pocket consists of about 5 cubic yards of contaminated sediment. The
pocket is buried under 7 feet of clay and is protected from erosion by
the stream by a large culvert directing flow around it. Abandonment of
this sediment pocket was approved by EPA after demonstrations showed
that long-term entombment was practical. A yearly walk-by of this
location for 5 years after closure was required to ensure that erosion
did not begin to threaten the pocket. If future inspections indicate
that the integrity of the pocket is threatened, repairs shall be made
to ensure the entombment. The adjacent sediment control structures,
including the piping and drop inlet are inspected regularly to verify
that they are free of debris.
The cap enclosing the landfill has been very effective, and so
impermeable that there has been no leachate collected for analysis or
disposal to date. Consequently, the objective of on-site containment
has been completely obtained, and the Site is in compliance with the
goals of the Response Action Plan (for the second Removal).
The only remaining activity to be performed at the Dixie Caverns
County Landfill Superfund Site is ongoing Operations and Maintenance
(O&M) of the landfill containing the stabilized sediment and soils.
Also, since waste remains on the Site such that there is not unlimited
use and unrestricted access, EPA will continue to perform five year
reviews at the Site.
On October 28, 1999, EPA inspected the Site. Upon arriving at the
Site, the fence and gates were found to be intact, and adequately
secured. Just inside the entrance to the Site, the lower leachate
collection and pre-treatment systems (which operate for the entirety of
the landfill, not just the NPL Site) appeared to be in good working
order. The surface of the landfill containing the stabilized sediment
and soil was in good
[[Page 39288]]
condition, although vegetation exhibited occasional sparse patches. The
landfill cap, however, had only minor evidence of erosion, which the
County stated would be addressed in routine maintenance, along with
some re-seeding.
EPA conducted a second site visit on June 20, 2001. The fence was
again found to be in good condition, and the gate appeared to be in
working order. The leachate collection system is still working
properly, and the small amount of leachate collected from the municipal
landfill no longer requires pre-treatment (though it is periodically
sampled and analyzed to confirm that status).
There continues to be no leachate generated from the NPL portion of
the landfill, and thus nothing to collect for analysis. Vegetation on
the landfill was lush. Throughout the entirety of the Site (both the
NPL and the municipal landfill), new roadbeds and new riprap drainage
systems have been installed (completed in May 2001). These improvements
were made when the County of Roanoke constructed a new training
facility with classrooms and an outdoor shooting range uphill from the
upper leachate collection tanks. New fencing and security cameras were
also installed.
There is almost no visible evidence of the Removal Action taken in
the streams at the Site. Vegetation has taken hold, and the stream
appears quite healthy. Fish were observed feeding in a small pond where
the fly ash pile was formerly located. The abandoned pocket of fly ash-
contaminated sediment remains securely entombed. No erosional problems
were observed in any part of the Site.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42
U.S.C. 9617. Documents in the deletion docket which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repositories.
V. Deletion Action
The EPA, with concurrence of the Commonwealth of Virginia, 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 28, 2001 unless EPA receives adverse comments by
August 29, 2001. 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 and, 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.
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, Water pollution
control, Water supply.
Dated: July 23, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, U.S. EPA Region III.
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 Virginia
(``VA'') by removing the site name ``Dixie Caverns County Landfill''
and the city ``Salem.''
[FR Doc. 01-18818 Filed 7-27-01; 8:45 am]
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