[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81840-81844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33472]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-R04-SFUND-2011-0574; FRL-9612-5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Hipps Road Landfill Superfund
Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
publishing a direct final Notice of Deletion of the Hipps Road Landfill
Superfund Site (Site), located in Jacksonville, Florida, 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 State of Florida, through the Florida Department of
Environmental Protection, 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 February 27, 2012 unless
EPA receives adverse comments by January 30, 2012. 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-R04-
SFUND-2011-0574, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: [email protected]
Fax: (404) 562-8896
Mail: Scott Miller, Remedial Project Manager, Superfund
Remedial Branch, Section C, Superfund Division, U.S. EPA Region 4, 61
Forsyth Street SW., Atlanta, GA 30303.
Hand delivery: Same address as listed above. 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-R04-SFUND-
2011-0574. 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 email. 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 email comment directly to EPA without
going through http://www.regulations.gov, your email 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 statue. 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.
EPA Record Center, 61 Forsyth Street SW., Atlanta, GA 30303; Hours: 8
a.m. to 4 p.m., Monday through Friday. Jacksonville Public Library,
6886 103rd Street, Jacksonville, FL 32210; Monday-Thursday: 10 a.m.-9
p.m., Friday & Saturday: 10 a.m.-6 p.m. Sunday: 1 p.m.-6 p.m.
FOR FURTHER INFORMATION CONTACT: Scott Miller, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, GA 30303, (404) 562-9120, email:
[email protected].
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 4 is publishing this direct final Notice of Deletion of
the Hipps Road Landfill (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
[[Page 81841]]
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 February 27, 2012 unless EPA
receives adverse comments by January 30, 2012. 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 Hipps Road 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 State of Florida prior to 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 Florida Department of Environmental
Protection (FDEP) 30 working days for review of this notice and the
parallel Notice of Intent to Delete prior to their publication today,
and the state, through the FDEP, 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, Florida
Times-Union. 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 information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The twelve acre Hipps Road Landfill Site (EPA CERCLIS
Identification Number FLD980709802) is located on the southeastern
corner at the intersection of Hipps Road and Exline Road in
Jacksonville Heights, Duval County, Florida. Landfill operations were
conducted on approximately six acres of the Site. The Site is
surrounded by a residential neighborhood. The Site's landfill area was
initially a cypress swamp. In 1968, property owner G. O. Williams
contracted with Waste Control of Florida (WCF) to fill the low-lying
areas of the property. Landfill operations ceased in 1970 and were
covered by soil. In the early 1980s, residents complained about unusual
tastes and odors in private water wells, which led to investigations
that identified groundwater contamination. The City of Jacksonville
began to provide residents with bottled water for use as a potable
water source. The City of Jacksonville completed the extension of a
city water line to the affected area in October 1983 and by September
1985, all area residents were connected to the public water system. WCF
acquired the residential properties in 1987. Waste Management
Corporation (WM) inherited the Site property through its acquisition of
WCF. Surface water is not used as a drinking water supply in the area.
Surface waters nearby are used for recreational purposes such as
swimming, boating, and fishing. There are no ecologically sensitive
areas near the Site, which is situated above the 500-year flood plain.
WM, the current landowners, have expressed interest in using the Site
as a wildlife habitat area. The Site was proposed to the NPL in
September 1983 (48 FR 40674) and was finalized to the NPL on September
21, 1984 (49 FR 37070).
Remedial Investigation and Feasibility Study (RI/FS)
In May 1986, EPA presented the results of the RI/FS, which included
geophysical investigations, soil sampling, and groundwater sampling to
[[Page 81842]]
characterize the Site. The results indicated that Site groundwater was
the media of concern, and the migration of contaminants would occur in
the lower sand aquifer located to the northeast of the landfill.
The contaminants of concern (COCs) identified at the Site in the
Site's 1990 ROD Amendment were bis (2-ethylhexyl) phthalate,
chlorobenzene, chromium, 1,4-dichlorobenzene, trans-1,2-
dichloroethylene, ethyl benzene, lead, naphthalene, and vinyl chloride.
The risk assessment conducted during the FS concluded that none of the
compounds detected in Site soil were present at concentrations of
toxicological concern. The RI/FS was completed in September 1986.
Seven groundwater and five soil remedial actions were retained for
detailed evaluation in the FS and were evaluated based on the National
Contingency Plan decision criteria found at 40 CFR 300.430(e)(9) and
include nine separate criteria used to evaluate each combination of
remedial alternatives.
Selected Remedy
The ROD was released on September 3, 1986. The remedy for the Site
included the following components:
Proper landfill closure in a manner consistent with all
applicable federal, state and local requirements.
Recovery of contaminated groundwater with treatment at the
publicly owned treatment works (POTW).
Long-term monitoring of groundwater.
Operation and maintenance includes upkeep of the landfill
cap, groundwater monitoring, and maintenance of the groundwater
recovery system. O&M will continue for at least 20 years after the
final groundwater recovery operation.
Institutional controls may include, but are not limited
to, fencing the site, continuance of the local well drilling
prohibition, land use restrictions, grouting existing private wells,
and public or PRP acquisition of private lands.
In September 1990, EPA amended the ROD to provide for on-Site
groundwater treatment and disposal as a more cost effective treatment
alternative to disposal of groundwater to the publicly-owned treatment
works (POTW). The 1990 ROD Amendment changed the remedy to the recovery
of groundwater from five recovery wells; treatment of contaminated
groundwater by air stripping; and the use of an on-Site holding pond
for disposal of treated groundwater.
In August 1994, EPA issued an ESD to alter the method by which the
abandonment of private wells impacted by the Site groundwater was
achieved. In June 1996, EPA issued a second ESD to address operating
difficulties at the groundwater treatment system during excessive
rainfall and/or effluent discharges. During this situation, the high
water level switch in the holding pond would trigger a system shutdown.
In an effort to keep the treatment system operational, the ESD allowed
for the periodic discharge of treated groundwater to the local POTW
during high water levels in the holding pond.
In July 2004, EPA issued a third ESD, which changed the existing
pump-and-treat recovery system to a monitored natural attenuation (MNA)
plan to complete remediation of remaining groundwater contaminants.
Response Actions
On May 22, 1989, the landfill closure design was completed. The
Remedial Design used a standard municipal cap design consisting of:
a. General earthfill cover to provide a crown over the landfill
area with a minimum grade of 2.5 percent towards the perimeter of the
landfill.
b. One foot of low-permeability clay having a permeability of 1 x
10-6 cm/s or less.
c. Two feet of vegetative soil cover and vegetative cover.
The Remedial Action construction for both the landfill closure and
groundwater treatment system began in October 1989 and was completed on
September 2, 1993, as documented in the September 9, 1994, Preliminary
Closeout Report. Construction of the landfill cap was completed in
April 1990 and final inspection of the landfill cover was April 26,
1990. The complete groundwater treatment system was constructed from
May through August 1993. The groundwater treatment system included the
installation of recovery wells, air-stripping system, and air blower
system. Long-term groundwater monitoring began on March 15, 1994.
As recommended in the 2001 MNA Pilot Study Report, the Remedial
Goal Verification Plan (RGVP) monitoring program was replaced with the
MNA long-term monitoring program beginning in September 2004. The MNA
long-term monitoring program called for groundwater monitoring well
sampling semi-annually.
The wells included in the MNA long-term monitoring program
fulfilled the following four purposes: (1) Confirm ongoing natural
attenuation mechanisms; (2) ensure that benzene and vinyl chloride
concentrations continue to be below cleanup goals; (3) monitor benzene
and vinyl chloride in groundwater in areas in proximity to (or
upgradient of) potential receptors; and (4) monitor the efficiency of
the landfill cap. The MNA long-term monitoring program included the
following tasks:
Semi-annual hydraulic (water level) monitoring of
piezometers, monitoring wells, and recovery wells, as specified in the
RGVP.
Semi-annual groundwater sample collection at upgradient
wells TMW-1I and TMW-5I; side-gradient wells TMW-10I; and plume wells
TMW-9I, TMW-13I, and RW-2 for analyses of volatile organic compounds
(VOCs) via EPA Method 8260B. EPA approved discontinuing sampling and
analysis of MNA long-term monitoring program wells TMW-7I, RW-3, TMW-
6I, and RW-1 on March 3, 2006. Concentrations of benzene and vinyl
chloride detected in these monitoring wells were below ROD cleanup
criteria for four or more consecutive quarters and satisfied the
cleanup criteria for the RGVP and MNA monitoring program.
Semi-annual field monitoring of the following parameters
where groundwater samples were collected: dissolved oxygen, oxidation
reduction potential, conductivity, pH, and temperature.
Annual groundwater sample collection for the analyses of
biogeochemical parameters and dissolved gases, and field analysis of
alkalinity, sulfide, and ferrous iron.
Groundwater monitoring occurred semi-annually and associated
reports were submitted to EPA semi-annually. Off-Site wells were
sampled until cleanup goals were achieved for four consecutive sampling
events in February 2010.
Since the Site's 2005 Five Year Review, the landfill cover,
infiltration pond, and security fencing were inspected semi-annually;
each Site inspection found that they were properly maintained. In
addition, each semi-annual report has shown that:
Site security, including a locked gate and perimeter
fencing with appropriate notice signs, was in place.
Stormwater management features were functioning as
designed.
The landfill cover was inspected.
No adverse conditions were observed.
The Site has two institutional controls in place that provide
protection to potential receptors. The Site lies within a Florida
Groundwater Delineation Area found at Florida Administrative Code (FAC)
62-524, which restricts placement of new wells on the property
[[Page 81843]]
and surrounding areas. This regulation was codified on March 25, 1990.
The Site also lies within the jurisdiction of the St. John's River
Water Management District (SJRWMD), which implements water supply well
permitting controls and restricts groundwater withdrawals. A
restrictive covenant recorded in the Duval County real estate records
for the five parcels that constitute the Site restricts land use so
that there would be no land disturbance which would effect the
integrity of the final landfill cover or any component of the
containment system without approval from the EPA Region 4 Regional
Administrator. This restrictive convenant was recorded on January 24,
1988.
Cleanup Goals
Groundwater sampling data from September 2005 through September
2009 has been reviewed to determine cleanup goal attainment. In
addition, groundwater sampling results of three off-Site wells, TMW-91,
TMW-131 and RW-2, were reviewed from November 2009 and February 2010.
No COCs have been detected in any off-Site well since 2008. No COCs
have been detected above cleanup goals in on-Site wells since the 2005
Five Year Review.
Table 1--Contaminants of Concern and Their Clean Up Goals
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Clean up goals
Contaminants of concern ([mu]g/L)
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Benzene................................................. 1
Chlorobenzene........................................... 100
Chromium................................................ 100
1,4-dichlorobenzene..................................... 75
Trans-1,2-dichloroethylene.............................. 100
Ethyl benzene........................................... 700
Lead.................................................... 15
Naphthalene............................................. 140
Vinyl chloride.......................................... 1
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Through the Fifty-First Monitoring and Maintenance Report
monitoring period which has groundwater monitoring data obtained from
April 1, 2009 to September 20, 2009, only three MNA monitoring wells
(TMW-91, TMW-131, and RW-2) had not achieved the ROD cleanup criteria
of four consecutive sampling events with results below cleanup goals.
Benzene was detected above the cleanup goal of 1 [micro]g/L in the
three wells at concentrations ranging from 1.0 to 4.5 [micro]g/L. Vinyl
chloride was detected above the cleanup goal of 1 [micro]g/L in RW-2
once in October 2005 and in TMW-131 in March and September 2006 and
March 2007. Additional sampling of TMW-91, TMW-131 and RW-2 was
performed in November 2009 and February 2010. The March 2010 Final
Monitoring and Maintenance Report and Site Delisting Request included
the supplemental TMW-91, TMW-131, and RW-2 sampling results, which
found no COCs above cleanup goals. No COCs were detected above cleanup
goals in the February, September, and November 2009 and February 2010
sampling. As of February 2010, all monitoring wells have met the ROD
criteria of meeting cleanup goals for four consecutive monitoring
events.
Operation and Maintenance
Waste Management designed and implemented an Operation and
Maintenance Plan to ensure the long-term effectiveness of the ROD
remedial elements. This Operations and Maintenance Plan was submitted
on May 17, 1994. This Plan addressed maintaining the integrity and
effectiveness of the final cover, including repairing the landfill
cover; maintenance and sampling of the groundwater monitoring network;
and protecting and maintaining surveyed benchmarks associated with
institutional controls.
Five-Year Review
Since hazardous substances are present onsite above levels allowing
for unlimited use and unrestricted exposure, statutory Five Year
Reviews will be conducted by EPA every five years, pursuant to CERCLA
Section 121 (c) and as provided in OSWER Directive 9355.7-03B-P,
Comprehensive Five-Year Review Guidance (EPA, 2001). The purpose of
these reviews is to ensure that the Site remedy remains protective of
human health and the environment. The first Five Year Review at the
Site was conducted in February 1996, the second in July 2000, the third
in September 2005, and the fourth in July 2010.
The Fourth Five-Year Review concluded that remedial actions at the
Hipps Road Landfill Superfund Site are protective of human health and
the environment in the short term, and exposure pathways that could
result in unacceptable risks are being controlled. In order for the
site to remain protective in the long-term, the Site needed to be
assessed to determine if ICs are necessary to prevent inappropriate
land use. Further analysis of existing groundwater use prohibitions
related to the delineated areas and examination of the existing
restrictive covenant indicate that all institutional controls needed at
the Site have been implemented. EPA will complete the next Five Year
Review by July 2015.
Community Involvement
A public meeting was held on May 7, 1986, to present EPA's proposed
plan for remedial action to the local community. Since that time
community involvement activities, including community interviews, have
occurred during each Five-Year review period (1996, 2000, 2005, 2010).
Copies of site documents are in the designated Site repository at the
Jacksonville Public Library, Webb-Wesconnett Regional Branch located at
6887 103rd St., Jacksonville, Florida.
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, Florida Times-
Union. The newspaper notice announces the 30-day public comment period
concerning the Notice of Intent to Delete the Site from the NPL.
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate responsible parties or other persons have implemented all
appropriate response actions required'' or ``all appropriate fund-
financed response under CERCLA has been implemented, and no further
response action by responsible parties is appropriate''. EPA, with the
concurrence of the State of Florida through the FDEP by a letter dated
April 22, 2011, has determined that the Site responsible party Waste
Management has implemented all appropriate response actions required
and no further response action is required. Therefore, EPA is proposing
the deletion of the site from the NPL. All of the completion
requirements for the site have been met as described in the Hipps Road
Landfill Final Close Out Report (FCOR) dated April 21, 2011.
V. Deletion Action
The EPA, with concurrence of the State of Florida through the FDEP,
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 February 27, 2012 unless EPA receives adverse comments by
January 30, 2012. If adverse comments are received within the 30-day
public comment period, EPA
[[Page 81844]]
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: November 21, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 the entry
``Hipps Road Landfill'', ``Duval County'' under FL.
[FR Doc. 2011-33472 Filed 12-28-11; 8:45 am]
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