[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51266-51271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21123]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL- 9452-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Barceloneta Landfill
Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region II is
publishing a direct final Notice of Deletion of the Barceloneta
Landfill Superfund Site (Site), located in Florida Afuera, Puerto Rico,
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 an
appendix of 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 Puerto Rico, through
the Puerto Rico Environmental Quality Board, because EPA has determined
that all appropriate response actions under CERCLA, other than
operation, maintenance, and five-year reviews, have been completed.
However, this deletion does not preclude future actions under
Superfund.
DATES: This direct final deletion is effective October 3, 2011 unless
EPA receives adverse comments by September 19, 2011. 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: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: Luis E. Santos, Remedial Project Manager,
santos.luis@epa.gov.
Fax: 787-289-7104.
Mail: Luis E. Santos, Remedial Project Manager, U.S.
Environmental Protection Agency, Region II, Caribbean Protection
Division, Centro Europa Building, Suite 417, Ponce de Le[oacute]n
[[Page 51267]]
Ave., Stop 22, San Juan, Puerto Rico 00907-4127.
Hand delivery: U.S. Environmental Protection Agency,
Region II, Caribbean Protection Division, Centro Europa Building, Suite
417, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1983-0002. 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 address 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. 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 the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency, Region II, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.
Or
U.S. Environmental Protection Agency, Region II, Caribbean
Environmental Protection Division, Centro Europa Building, Suite 417,
1492, Ponce de Le[oacute]n Ave., Stop 22, San Juan, Puerto Rico 00907-
4127, Phone: (787) 977-5802, Hours: 8:30 a.m. to 4:30 p.m.--Monday
through Friday (excluding holidays), Contact: Luis E. Santos.
FOR FURTHER INFORMATION CONTACT: Luis E. Santos, Remedial Project
Manager, U.S. Environmental Protection Agency, Region II, telephone at
(787) 977-5824; fax at 787-289-7104; or e-mail at santos.luis@epa.gov.
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 II is publishing this direct final Notice of Deletion of
the Barceloneta Landfill Superfund Site (Site), from the National
Priorities List (NPL). 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) of 1980, as amended. EPA maintains the NPL as the list of
sites that appear to present a significant risk to public health,
welfare, or the environment. Sites on the NPL may be the subject of
remedial actions financed by the Hazardous Substance Superfund (Fund).
As described in 300.425(e) (3) of the NCP, sites deleted from the NPL
remain eligible for Fund-financed remedial actions if future conditions
warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective October 3, 2011 unless EPA
receives adverse comments by September 19, 2011. Along with this direct
final Notice of Deletion, EPA is co-publishing a Notice of Intent to
Delete in the ``Proposed Rules'' section of the Federal Register. If
adverse comments are received within the 30-day public comment period
on this deletion action, EPA will publish a timely withdrawal of this
direct final Notice of 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 Barceloneta 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
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. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will 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 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.
Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. 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) EPA consulted with the Commonwealth of Puerto Rico prior to
[[Page 51268]]
developing this direct final Notice of Deletion and the Notice of
Intent to Delete co-published today in the ``Proposed Rules'' section
of the Federal Register.
(2) EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the Commonwealth, through the Puerto Rico
Environmental Quality Board, has concurred on the 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 is being published in a major local newspaper, El
Norte y Puerto Rico Daily Sun. 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 proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, 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 summary provides the Agency's rationale for
recommending deletion of the Barceloneta Landfill Superfund Site from
the NPL:
Site Background and History
The Barceloneta Landfill, an inactive non-hazardous domestic and
industrial waste disposal facility, is located in Barceloneta, Puerto
Rico on the north coast of the island, approximately 20 miles due west
of San Juan. The Landfill is about 4.5 kilometers south of the Town of
Barceloneta in Florida Afuera Ward. The property which contains the
Barceloneta Landfill is approximately 32.6 hectares (80.6 acres) in
size and is owned by the Municipality of Barceloneta. The Landfill is
surrounded by a tropical forest. The Quebrada Cimarrona, a tributary of
the Rio Grande de Manat[iacute], is located 0.8 kilometers north of the
Landfill. A small residential area of approximately 150 residences in
Barrio Bajura Adentro is located approximately one kilometer east of
the Landfill. Approximately two kilometers north of the Landfill, in an
area with more gentle topographic relief, there are a series of
manufacturing facilities. The nearest village is Cruce Magueyes,
located approximately two kilometers to north-west of the Landfill. The
residences in the area of the Landfill are served by a public water
supply system that uses ground water as a source.
The property contained three surface depressions which were used
for waste disposal. These waste disposal areas are known as the
northern, southern, and southeastern disposal areas. Each disposal area
was located in a depression or ``sumidero'' (sinkhole) that is
surrounded by conical limestone hills referred to as ``mogotes''. The
three waste disposal areas cover about 15 acres. The northern disposal
area is separated into two sections by an access road. The southern
disposal area was also known as the Superfund disposal area or ``El
Superfondo''. The northern and southern disposal areas were filled and
inactive at the time of the 1996 Record of Decision (ROD). The
southeastern disposal area remained active until December 31, 1998.
Although the southern disposal area was known as the Superfund disposal
area, all three disposal areas are covered by the Superfund National
Priorities List (NPL) site listing and were addressed under CERCLA.
The Barceloneta Landfill is located in a belt of rugged karst
topography that extends along the north coast from 30 kilometers (19
miles) east of San Juan to the west of the island. In the vicinity of
the Site, this belt is located from about one kilometer south of the
coast to about 20 kilometers (12 miles) inland. North (seaward) of this
rugged karst region is a belt of relatively flat coastal plain
sediments. South (landward), the rugged karst terrain transitions into
the central mountainous core of the island. Features of this karst
landscape include numerous sumideros, steep scarp cliffs on the mogotes
and adjoining ridges which surround the sumideros, and a lack of
surface streams or drainage features associated with individual
sumideros.
The Site is underlain by the northern limestone province of Puerto
Rico which consists of blanket deposits, the Aymamon Limestone, the
Aguada Limestone, the Cibao Formation, and the Lares Formation.
Groundwater exists under unconfined conditions in the Aymamon and
Aguada Limestones and under confined conditions in the Cibao and Lares
Formations. Groundwater flow is to the north.
Groundwater in this area of the northern province discharges to the
Rio Grande de Manat[iacute] (river) and the Cano Tiburones (wetlands)
which are 2.7 kilometers (1.7 miles) north of the Site. Groundwater
also feeds the Ojo de Guillo spring located 1 kilometer (0.6 miles)
northeast of the Site.
The property on which the Barceloneta Landfill is located was
purchased by the Municipality of Barceloneta during the early 1970s.
Preparation of the Site for landfill use began in April 1972, and the
landfill operations commenced in August 1973. Reportedly, the Landfill
was initially approved to receive both municipal and industrial waste,
but was restricted to only municipal waste disposal in 1975. However,
disposal of industrial wastes appears to have continued past 1975.
Specific dates of active filling in each of the three disposal areas
are difficult to determine given the lack of detailed record keeping.
The Puerto Rico Environmental Quality Board (EQB) has information which
indicates that the Landfill (all three disposal areas) was used in the
late 1970's for disposal of wastes which contained hazardous
substances. Personnel from EQB and the Department of Health conducted
numerous inspections of the Site and listed various violations. These
violations included: Insufficient cover material; allowing refuse to
burn; the presence of flies, rats and mosquitoes; allowing unlimited
access to the Landfill; and, allowing people to inhabit structures in
the Landfill. The Site was proposed for inclusion on the NPL in
December 1982 (47 FR 58476), and was subsequently approved and listed
as an NPL site in September 1983 (48 FR 40658). No activities were
conducted using EPA removal authority at this site. The site property
consists mainly of forested areas which provide a habitat for various
plant, insect and animal species. In order to protect the landfill cap,
trees will not be allowed to grow on the capped area. However, grasses
will be permitted to grow and it is expected that the landfill areas
will be comparable to surrounding ecology. No reuse is planned for the
site.
[[Page 51269]]
Remedial Investigation/Feasibility Study
In 1984, a Remedial Action Master Plan (RAMP) was prepared by an
EPA contractor for the Site. Based on the RAMP, a Remedial
Investigation and Feasibility Study (RI/FS) Work Plan was developed. In
September 1990, Consent Order was signed in which ten Settling
Defendents (SDs) agreed to perform the RI/FS for the Site. Pursuant to
the Work Plan, sampling of subsurface soils, ground water and surface
water was completed. The first phase of the RI was completed in 1992
and the second phase of the RI field work was completed in January
1994. A final RI report was received by EPA in March 1995 and the
streamlined Risk Assessment was completed in May 1995. An abbreviated
Final FS was conducted in accordance with EPA's Presumptive Remedy
approach and was received by EPA in September 1995.
Consistent with EPA's Presumptive Remedy approach, EPA conducted a
streamlined baseline Risk Assessment by comparing the levels of
contaminants in ground water to MCLs. These levels were exceeded,
indicating that the Landfill is a source of contamination to the ground
water and therefore remedial measures are necessary to protect human
health and the environment. EPA's Risk Assessment indicated that the
levels of contaminants present in the ground water pose a relatively
low long-term threat to the human health. However, if no action were to
be taken with respect to the Landfill, the continued release of
contaminants into ground water could potentially result in a greater
risk at some point in the future. Therefore, based on the results of
the Risk Assessment, it was determined that actual or threatened
release of hazardous substances from this Site present a threat to
public health, welfare, or the environment.
Selected Remedy
On July 5, 1996, the Regional Administrator signed a ROD. The
following remedial action objectives were established for the Site:
To prevent direct contact with waste material;
To reduce or eliminate the potential for the Landfill
disposal areas to release hazardous substances to ground water;
To reduce or eliminate the potential for migration of
hazardous substances to ground water downgradient of the Landfill;
To prevent the migration of and control Landfill gas; and
To minimize any potential future impacts of hazardous
substances that may migrate into environmental media.
The major components of the selected remedy are as follow:
Installing a low permeability cover system for the three
Landfill cells meeting the requirements of the RCRA Subtitle D and
Puerto Rico's Regulations Governing Landfill Closure. This cover system
or landfill cap(s) will further reduce infiltration of precipitation
water into the landfill and reduce leachate generation thus mitigating
impacts to ground water.
Regrading the Site and installing storm water management
improvements at the Site to reduce infiltration of storm water into the
Landfill and reduce leachate generation.
Conducting long term ground water and surface water
monitoring to evaluate the effectiveness of the cover system. It is
anticipated that monitoring will be conducted on a quarterly basis for
the first year, semi-annually for the next four years, and then
annually. Monitoring will include the eight existing monitoring wells.
Initially, the wells will be sampled for a broad parameter list. The
list has been developed based on constituents detected above Safe
Drinking Water Act Maximum Contaminant Levels in the Remedial
Investigation and on the requirements of the RCRA Subtitle D and Puerto
Rico's Regulation Governing Landfill Closure (RMNHSW). After the first
five years, the parameter list would be reviewed and those parameters
not detected above standards would be omitted. The exact long term
ground water monitoring program will be further defined remedial design
(RD).
Conducting a landfill gas survey during predesign to
determine the necessity of a landfill gas collection system. The
appropriate type of system, if necessary, will be determined during RD.
Implementing a long term operation and maintenance program
for the cover system which will include inspection of the system and
provision for repair.
Recommending to appropriate authorities that institutional
controls be emplaced. Institutional controls are recommended in order
to protect the integrity of the landfill cover system and to reduce
potential exposure to landfill contents. The institutional controls
will include recommending that zoning restrictions be applied to the
Site to limit future land use and recommending that a deed restriction
be established to limit future land and ground-water use.
Installing a perimeter fence with signs to restrict
access.
Reevaluating Site conditions at least once every five
years to determine if a modification of the selected remedy is
necessary.
Response Actions
A September 30, 1997 Consent Decree (CD) memorialized a settlement
whereby ten parties agreed to implement the remedy which was selected
in the ROD. The SDs hired M&S Ingenieria y Ciencia Asociados who
prepared remedial design plans and specifications, which EPA approved
on September 17, 1999. On December 16, 1999, EPA approved the Remedial
Action Work Plan and M&S Ingenieria y Ciencia Asociados as the Settling
Defendants proposed a remedial action contractor.
During the RD activities a new area of waste disposal was
discovered at the Site outside the limits of the three waste cells
delineated for closure in the ROD. The waste was located in a sinkhole
which lies immediately to the east of the Superfund cell. In agreement
with EPA & EQB, the SDs relocated this waste material and performed a
clean closure. This waste was incorporated and capped with the waste in
Superfund disposal area.
The gas venting system was constructed on the Site. The gas venting
system is monitored by the PRPs' contractor and results reviewed by
EPA. The system is functioning as intended and it is not a necessity
landfill gas collection system.
The groundwater monitoring program was developed during the RD
phase: The system included the eight existing monitoring wells. It was
determined that groundwater sampling would be conducted quarterly for
the first year, semi-annually for the next four years, and then
conducted annually. It was determined that the wells would be sampled
for a broad parameter list developed based on constituents detected
above MCLs and SDWS in the RI, RCRA Subtitle D requirements, and Puerto
Rico's Regulation Governing Landfill Closure. This initial list of
parameters included:
Volatile Organic Compounds of Concern (VOCs). Only l,l-
dichloroethane was detected above MCLs during the RI. However, a more
conservative approach that included the complete EPA Method Scan for
volatile organic compounds was implemented.
Metals of Concern include mercury, chromium, manganese and
nickel. These were detected above MCLs and SDWS during the RI.
After the first five years, the parameter list would be reviewed
and those parameters not detected above standards would be omitted; The
O&M Plan, dated March 28, 2000, and approved by EPA, establishes the
criteria used to reevaluate and modify
[[Page 51270]]
the number of wells and list of parameters sampled.
EPA approved early Remedial Actions to be carried out prior to the
final approval of the Remedial Design Report. These activities included
the excavation and stockpiling of clay and the excavation and
relocation of waste from the discovered waste area. These activities
were started on September 7, 1999. The Remedial Action on-site
construction started in January 24, 2000 and was completed on August
30, 2000.
On September 5, 2000, EPA and the State conducted a prefinal
inspection and notified the Settling Defendants to proceed with the
development of the draft Remedial Action (RA) Report. Punch list items
identified during the prefinal inspection will be addressed in the
final inspection. On September 27, 2001, EPA approved the final RA
Report.
The Municipality of Barceloneta has implemented the Institutional
Controls at the Site. The Institutional Controls including zoning
restrictions and a deed restriction are in place. These controls were
implemented at Barceloneta Landfill Deed on February 22, 2010.
Cleanup Goals
The ROD called for conducting long-term groundwater monitoring to
evaluate the effectiveness of the cover system, ensure that the
concentrations of contaminants in the groundwater are decreasing over
time, and monitor the natural attenuation of contaminants within the
plume.
MW-3, has had only one parameter, 1,1-dichloroethene, exceeding
MCLs during the two years of monitoring. However, on two consecutive
monitoring periods (March 2003 and October 2003), the results for 1,1-
dichloroethene were non-detect and 4.9 mg/l, respectively, and below
the MCL of 7 mg/l. Based on the June 2004 groundwater monitoring report
for the Site and according to the criteria in the O&M Plan, on
September 2004, groundwater monitoring was reduced to five of the
original eight wells and to the following parameters: mercury,
chromium, manganese and nickel. These five wells are currently sampled
annually. Mercury and chromium are monitored to ensure that levels
remain below MCLs. Chromium was identified below the MCLs for three
consecutive monitoring events it was omitted from the parameter list
according to the O&M Plan, dated March 28, 2000. Since the ROD was
signed, the MCL and MCLG were remanded for nickel. As a result, EPA no
longer has an enforceable legal limit for nickel in drinking water.
Therefore, mercury, nickel and manganese contaminant concentrations are
still monitoring but there is no MCL threshold. The remaining five
wells (MW-1, MW-4, MW-6, MW-7 and MW-8) are currently sampled annually.
Since 2004, the results of the Site Groundwater Analytical Results
are summarized on a well by well basis below:
MW-1, the background well, had concentrations below MCLs
and SDWS for manganese, mercury and nickel during the Spring 2011
sampling event. These results showed similar concentrations to the last
annual sampling event in March 2010.
MW-4, located in the middle of the site, had
concentrations of mercury below the MCL of 0.002 mg/L (0.00132 mg/L)
during the Spring 2011 sampling event. These concentrations have
decreased since 2004. Manganese and nickel were below SDWS during this
sampling event.
MW-6, a downgradient well, had concentrations of mercury
below the MCL of 0.002 mg/L during the Spring 2011 sampling event.
These concentrations have been consistently below the MCL since 2004.
Nickel was found at a concentration of 0.192 mg/L. Concentrations of
nickel at this well continue to decrease compared to previous sampling
events. Manganese was detected above the SDWS and shows concentrations
similar to the March 2010 sampling event.
MW-7, a downgradient well, had concentrations of mercury,
nickel and manganese below MCLs and SDWS. The last sampling event of
March 2010 also showed concentrations similar to this sampling event.
MW-8, a downgradient well, had concentrations of mercury,
nickel and manganese below MCLs and SDWS. The last two sampling events,
October 2009 and March 2010, show all parameters below MCLs and SDWS.
In summary, all wells monitored at the site show contaminants below
MCLs. Although nickel and manganese are present in groundwater, these
contaminants do not have an enforceable MCL and will continue to be
monitored.
Operation and Maintenance
Currently, five groundwater monitoring wells are sampled and
analyzed on an annually basis for mercury, manganese and nickel, and
the results are compared to the Maximum Contaminant Levels or Secondary
Drinking Water Standards identified in the Record of Decision. The five
groundwater monitoring wells are designated MW-1, MW-4, MW-6, MW-7 and
MW-8 will continue to be monitored by annual inspections and the five-
year review process.
Five-Year Review
Hazardous substances were not remediated to levels that would allow
for unlimited use and unrestricted exposure, therefore the five-year
review requirement of Section 121(c) of CERCLA, as amended, is
applicable. On August 2005 and 2010 respectively, two five-year reviews
(FYR) were conducted. In August 2010, the FYR concluded that the remedy
at the Barceloneta Landfill currently protects human health and the
environment in the short term because all remedy components are
functioning as intended and institutional controls are in place to
prevent exposure to contaminated groundwater. In order for the remedy
to be protective in the long term, the O & M plan should be reviewed to
ensure that the appropriate monitoring wells are being sampled and the
correct analytes are being reported.
Since the FYR was conducted, EPA requested the PRP to review the O
& M plan to ensure that the appropriate monitoring wells are being
sampled and the correct analytes are being reported. It was concluded
that the correct monitoring wells are being sampled and the appropriate
parameters are being evaluated and reported. However, because Chromium
was identified below the MCL for three consecutive periods, it was
omitted from the parameter list. The groundwater will continue to be
monitored annually based on the criteria identified in the 2000 O&M
Plan.
In addition, the ROD stated that surface water monitoring would be
conducted. After the FYR was completed, it was concluded that surface
water sampling would not be conducted because there was no surface
waters present at the Site. The nearest surface water is the Ojo de
Guillo, a spring located 1 kilometer (0.6 miles) northeast of the Site.
Therefore, this recommendation was not implemented.
The next FYR will be completed on or before August 30, 2015.
Community Involvement
Public participation activities for this Site have been satisfied
as required in CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and
9617. Throughout the remedial process, EPA and the Puerto Rico
Department of Environmental Quality have kept the public informed of
the activities being conducted at the Site by way of public meetings,
progress fact sheets, and the announcement through local newspaper
advertisement on the availability of documents such as the RI/FS, Risk
[[Page 51271]]
Assessment, ROD, Proposed Plan and Five-Year Reviews.
Determination That the Site Meets the Criteria for Deletion in the NCP
EPA has determined that this Site poses no significant threat to
public health or the environment because the landfill has been capped,
removing direct contact exposure (i.e., ingestion or dermal contact of
soil) to the public. In addition, the Municipality of Barceloneta put
in place deed restrictions for future land use and groundwater
extraction. The potential impacts to the groundwater have been
addressed and groundwater monitoring indicates MCLs are being met at
the landfill unit boundary. Groundwater monitoring will continue to
ensure groundwater protection continues to be achieved.
V. Deletion Action
The EPA, with concurrence of the Puerto Rico Environmental Quality
Board, has determined that all appropriate response actions under
CERCLA, other than operation, maintenance, monitoring and five-year
reviews have been completed. 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 October 3, 2011 unless EPA receives adverse comments by
September 19, 2011. 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. 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, Superfund, Water
pollution control, Water supply.
Dated: August 8, 2011.
Judith Enck,
Regional Administrator, Region 2.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[AMENDED]
0
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.
0
2. Table 1 of Appendix B to part 300 is amended by removing Barceloneta
Landfill'', ``Florida Afuera, PR''.
[FR Doc. 2011-21123 Filed 8-17-11; 8:45 am]
BILLING CODE 6560-50-P