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Environmental Protection R*mMi«4 RMOonM J.U.J.J
oc 20460 February 1991
BACKGROUND INFORMATION:
NMTCNAL PRIORITIES LIST, FINAL RDLE
The U.S. Divironmental Protection Agency (EPA) is adding 6 proposed sites
to the final Itetional Priorities List (NPL) and dropping 14 proposed sites from
further consideration. Of the States and Territories, four are adding sites to
the NPL in a final rule published in the Federal Register in February 1991.
California and Utah are adding two new final sites each, and Illinois and
Maryland one each. The number of final sites now totals 1,189 (reflecting 4
deletions noted below), inching 116 in the Federal facility section. No sites
remain in proposed status. This completes actions on sites proposed under the
original Hazard Ranking System, which was revised on December 14, 1990 (55 FR
51532). The revised HRS becomes effective on March 14, 1991.
Of the States and Territories, five have no sites on the new final NPL:
American Samoa, Commonwealth of the Northern Mariana Islands, the District of
Columbia, Trust Territory of the Pacific Islands, and the Virgin Islands. New
Jersey has the largest number of sites (109), followed by Pennsylvania (95),
California (90), and New York (83).
The NPL identifies uncontrolled hazardous waste sites that warrant further
investigation to determine if long-term "remedial action" is necessary. (EPA is
activating a new category on the NPL, as described later under "Construction
Corpletion.") Sites on the NPL are eligible for such action under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),
enacted on December 11, 1980, as amended by the Superfund Amendments and
Reauthorization Act (SARA), enacted on October 17, 1986. SARA authorizes a
"Hazardous Substances Superfund" totaling $8.5 billion over 5 years to pay costs
not assumed by responsible parties. In October 1990, SARA was extended to
September 30, 1994 to provide an additional $5.1 billion. EPA has the primary
responsibility for managing cleanup and enforcement activities under Superfund.
This document provides background information on the final rule and lists
the 6 sites being added to the final NPL arranged alphabetically by State.
Deletions
At the time of the last final NPL rulemaking (55 FR 35502, August 30,
1990), 1,187 sites were on the final NPL. Since then, four sites have been
deleted from the final NPL because EPA and the State determined that all
appropriate response has been taken:
o PabBiucn Sand and Gravel, Libertyville, IL
o International Minerals & Chemical Corp. (Terre Haute East Plant),
Terre Haute, IN
o Poer Farm, Hancock County, IN
o Whitehall Municipal Wells, Whitehall, MI
U.S. Environ/-.-
Region 1J, Utr
77 'West Jacks;-
Chicago, iL G.1
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Contents of Rul*
Six sitss are being added to the final NFL because they have scores of
28.50 or above on the original HRS, a numerically based system designed to
evaluate the relative risks posed by a site to human health or the environment.
Fourteen sites are being dropped at this time because of their HRS scores or
policy issues.
HRS Scores. EPA has revised the HRS scores for six sites in the rule based
on its review of comments and additional information developed by EPA and the
States. For three sites, the public comments resulted in an HRS score below the
cutoff of 28.50. Accordingly, these sites are being dropped from the proposed
NPL at this time:
o Comet Oil Co., Billings, MT
o Kerr-MoGee Corp. (Gushing Plant), OK
o Richardson Flat Tailings, Summit County, UT
RCRA-Related Sites. When the first final NPL was promulgated in September
1983, EPA announced certain listing policies relating to sites that might qualify
for the NPL. One of these policies involved facilities subject to the Subtitle
C corrective action authorities of the Resource Conservation and Recovery Act
(RCRA). EPA's policy was generally not to place on the NPL, RCRA "regulated
units" (that is, land disposal units that received hazardous waste after the
effective date of the RCRA land disposal regulations) because EPA can require the
owner/operator to clean them up under RCRA. The RCRA cleanup process and
standards are similar to those under CERCLA, ensuring that all actions taken will
protect human health and the environment. Dropping such sites from the NPL also
preserves CERCLA resources for sites where no other cleanup authority is
available.
In November 1984, the Hazardous and Solid Waste Amendments (HSWA) were
enacted, expanding EPA's authority to require corrective measures under Subtitle
C. As a result of this broadened authority, EPA revised its policy for placing
non-Federal RCRA-regulated sites on the NPL, and on June 10, 1986 (54 FR 21109)
announced that facilities subject to RCRA Subtitle C corrective action
authorities would be placed on the NPL if one or more of these conditions exist:
o The facilities are owned by persons who have demonstrated an inability
to finance appropriate corrective action by invoking bankruptcy laws.
o Thsi facilities have lost authorization to operate (also known as the
Loss of Interim Status, or LOIS provision), and there are additional
indications that the owner or operator is unwilling to undertake
corrective action.
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o The facilities have not lost authorization to operate but the owner
or operator has a clear history of unwillingness to undertake
corrective action. These situations are determined on a case-by-case
basis.
On June 24, 1988 (53 FR 23978) and October 9, 1989 (54 FR 41000), EPA
announced additional components of the NPL/KCRA policy. As a natter of policy,
EPA will list four additional categories of RCRA-related sites:
o Facilities that were treating, storing, or disposing Subtitle C
hazardous waste after November 19, 1980, but that did not file a Part
A permit application by that date as required and have little or no
history of compliance with RCRA. EPA believes that these nan- or late
filers, although they are technically subject to RCRA, are not likely
to be cleaned up expeditiously under BORA and so should be on the NPL.
o Facilities with permits for the treatment, storage, or disposal of
hazardous waste issued before enactment of HSWA, but will not
voluntarily modify the permit. Pre-HSNA permittees are not required
to take corrective action for releases from solid waste management
units. Under RCRA Section 3004(u), EPA does not have the authority
to modify a pre-HSWA permit for corrective action until the permit is
reissued. Many pre-HSWA permits are for 10 years. Since the last pre-
HSWA permit was issued prior to November 8, 1984, it could be 1994
before EPA could modify some permits to include corrective action.
In these cases, EPA believes CERCLA authorities will result in the
most expeditious cleanup.
o Facilities that filed a Part A permit application for treatment,
storage, or rfigpngai of Subtitle C hazardous waste as a precautionary
measure only. Such facilities — for example, generators,
transporters, or recyclers of hazardous waste — are not subject to
Subtitle C corrective action authorities. These are referred to as
protective filers.
o Facilities that at one time treated or stored Subtitle C hazardous
waste but have since converted to generator-only status (i.e.,
facilities that now store hazardous waste for 90 days or less) or any
other hazardous waste activity not requiring Interim Status. These
facilities, whose Part A permit applications have been withdrawn with
EPA or State approval, are referred to as converters. EPA believes
it lias the authority under RCRA Section 3008(u) to compel corrective
action at such facilities. However, RCRA's corrective action program
cunrsntly focuses primarily on treatment, storage, and disposal
facilities (due to permitting deadlines in RCRA). Therefore, this
category should be on the NPL to ensure expeditious cleanup. However,
if a consent order requiring remedial action is in effect, a converter
need not be listed.
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Four sites in this rule are being dit%%**l fran the proposed NFL
they can be addttaaeed under Subtitle C corrective action authorities:
Ground Water Contamination, Mesa, AZ
o Chemplex Co., Clinton/Camanche, IA
o Findett Corp., St. Charles, MO
o Burlington Northern Railroad (Sonars Tie-Treating Plant), Seiners, MT
One RCRA site is subject to Subtitle C corrective action authorities, but
the transfer of primary responsibility from CERCXA to RCRA would likely cause
delays that could threaten cleanup of the site. This site is being added to the
final NFL consistent with the intent of the NFL/RCRA policy:
o Fairchild Semiconductor Corp. (Mountain View Plant), Mountain
View, CA
Radioactive Release Sites. One site with radioactive releases is being
added to the final NFL consistent with tb^ policy for sites under the
jurisdiction of the Nuclear Regulatory Conmission (NRC) because NRC cannot
address the contamination:
o Kerr-MoGee (Kress Creek/West Branch of DuPage River), DuPage County,
IL
Pesticide Sites. Six of the sites addressed in this rule involve
contamination that appears to result, at least in part, from the f.e.d
application of pesticides that are registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Agency is ir. t_K.e
process of developing a general strategy for addressing contamination from
agricultural chemicals in ground water under FIFRA. It would be premature to
make a final decision on these sites until that broader strategy, and its
relationship with the Superfund program, have been determined. Therefore, these
six sites are not being added to the NFL at this time:
o Kunia Wells I, Oahu, HI
o Kunia Nells H, Oahu, HI
o nn\mm Shaft, Oahu, HI
o WaipalBi Wells, Oahu, HI
o Waipio Heights Wells II, Oahu, HI
Health Advisory site. One site in this rule was proposed in the basis of
a health advisory issued by the Agency for Toxic Substances and Disease Reg i SUP/
(ATSER). ATSCR has rescinded the advisory because the contaminated soil at tne
site has been excavated. Hence, this site is being dropped from the NPL:
o Quail Run Mobile Manor, Gray Summit, MO
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Construction Completion
The Prwnble to the NCP announced EPA's intention to create "Construction
Completion" am a nev category of the NFL. The category consists of: (1) sites
awaiting deletion; (2) sites awaiting deletion but for which CERdA Section
121 (c) requires a five-year review of the remedy; and (3) sites undergoing long-
term remedial action. EPA established this category to better connunicate to the
public the status of cleanup progress among sites on the NPL. EPA is activating
the Construction Completion category of the NPL by identifying 14 sites that have
satisfied the requirements for listing in this category. EPA has approved
Interim or Final Close-Out Reports for each site. The Close-Out Report provides
a brief demonstration of how the implemented remedy at the site satisfies the
technical and other requirements.
The sites listed in the Construction Completion category are:
Sites Awaiting Deletion:
o Jibboom Junkyard, Sacramento, CA
o Big River Sand Co., Wichita, KS *
o Union Scrap Iron & Metal Co., Minneapolis, MN
Sites awaiting first Five-Year Review following achievement of the
remediation levels specified in the Record of Decision:
o Celtor Chemical Works, Hoopa, CA
o LaBounty Site, Charles City, IA
o A.L. Taylor (valley of Drums), Brooks, KY
o Newport Dump, Newport, KY
o Taylor Borough Dump, Taylor Borough, PA
o Independent Nail, Beaufort, SC
o Triangle Chemical Co., Bridge City, TX
o Northern Engraving Co., Sparta, Wl
Long-term Response Actions:
o Mid-South Wood Products, Mena, AR
o Alpha Chemical Corp., Galloway, FL
o Chisnan Creek, York County, VA
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Two
publications relative to this final rule are available:
in
1991. Publication HW-8.27.
For a single free
copy, contact EPA's Public Information Center (PIC) , PM-211B, 401
M St. SW, Washington, DC 20460, telephone 202-382-2080.
National Prior iti
Suon
Materials
IQQI. Publication HW-10.15S. Available from
PIC.
Descriptions of all proposed and final NFL sites are now contained in eight
documents: HW-8.27 (just issued) plus these seven previously issued documents:
o Descriptions of 106 Sites Placed on the Final National Priorities
List in August 1990. Publication HW-8.25. Available from PIC.
List in
the Final National Priorities
Publication HW-8. 23. Available from PIC.
o Descriptions of 29 Sites Placed on the Final National Priorities
List in November 1989 . Publication HW-8. 21. Available from PIC.
o Descriptions of 93 Sites Placed on the Final National Priorities
List in September 1989. Publication HW-8. 19. Available from
PIC.
"O Descriptions of 101 Sifr^s Placed on the Final National Priori ti*3^
in Ma-rrfi 1989. Publication HW-8. 15. Available from PIC.
Descriptions of 272 Sit^s Placed on the Final National Priorities
Ifii?t, ],985-87. previously, these descriptions were available in
two documents. They have been compiled into one document as a
convenience. Publication HW-8. 10/8. 11. Available from PIC.
Descriptions of Sites on Current National Priorities List.
October 1984 (Descriptions of 538 sites placed on the final NTL
in 1983-84). Publication HW-8. 5. Available from the National
Technical Information Service, Springfield, VA 22161, telephone
703-487-4650. Accession No. PB85-224756. Cost is $53 per copy,
$8 in microfiche, plus $3 handling fee per order.
Publications HW-8. 26, 10.14, and 10.14S are obsolete and may be discarded.
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NPL
Rank St
National Priorities List,
New Final Sites (by State)
February 1991
Site Name
City/County
1007 CA Fairchild Semiconduct (Mt View)
614 CA Spectra-Physics, Inc.
524 IL Kerr-McGee (Kress Creek)
575 MD Anne Arundel County Landfill
394 UT Midvale Slag
205 UT Wasatch Chemical Co. (Lot 6)
Mountain View
Mountain View
DuPage County
Glen Burnie
Midvale
Salt Lake City
Number of New Final Sites:
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National Priorities List,
Final Sites Per State/Territory
(by Total Sites)
February 1991
State/Territory
New Jersey
Pennsylvania
California
New York
Michigan
Florida
Washington
Minnesota
Wisconsin
Illinois
Indiana
Ohio
Texas
Massachusetts
South Carolina
Missouri
North Carolina
Delaware
Iowa
Virginia
Kentucky
Colorado
New Hampshire
Connecticut
Tennessee
Georgia
Alabama
Kansas
Louisiana
Rhode Island
Utah
Arizona
Arkansas
Maryland
New Mexico
Oklahoma
Idaho
Maine
Puerto Rico
Montana
Oregon
Vermont
AlMka
Nakmka
V«^ Virginia
M*h Dakota
wyjbn
MinfMippi
North Dakota
Guam
Hawaii
Nevada
American Samoa
Commonwealth of Marianas
District of Columbia
Trust Territories
Virgin Islands
Final
Non-Fed
103
91
68
79
77
47
31
40
39
32
33
30
25
22
22
19
21
19
19
19
17
13
15
14
12
11
10
10
10
9
7
7
10
8
8
9
7
7
8
8
7
8
2
5
5
2
2
2
2
1
0
1
0
0
0
0
0
Fed
6
4
20
4
0
4
14
2
0
4
0
3
3
3
1
3
1
1
1
1
0
3
1
1
2
2
2
1
1
2
4
3
0
2
2
1
2
2
1
0
1
0
4
1
0
1
1
0
0
0
1
0
0
0
0
0
0
Total
109
95
88
83
77
51
45
42
39
36
33
33
28
25
23
22
22
• 20
20
20
17
16
16
15
14
13
12
11
11
11
11
10
10
10
10
10
9
9
9
8
8
8
6
6
5
3
3
2
2
1
1
1
0
0
0
0
0
Total
1073 116
1189
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il
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United States
Environmental Protection
Agency
For further information, call the
Superfund Hotline, toll-free at
1-800-424-9346 or 703-920-9810
in Washington. DC. metropolitan
area, or the U S. EPA
Superfund Offices
listed below
For publications, contact
Public Information Center,
PM-211B
401 M Street SW.
Washington DC 20460
CML:(202) 382-2080
FTS: 382-2080
Office of Emergency and Remedial
Response, OS-230
401 M Street, SW
Washington, DC 20460
CML: (202)475-8103
FTS: 475-8103
Region 1
Superfund Branch, HSL-CAN 2
John F. Kennedy Building
Boston, MA 02203
CML: (617) 573-9610
FTS: 833-1610
Region 2
Emergency & Remedial Response
Division
26 Federal Plaza
New York, NY 10278
CML: (212)264-8672
FTS: 264-8672
Region 3
Site Assessment Section. 3MW13
841 Chestnut Building
Philadelphia. PA 19107
CML: (215) 597-3437
FTS: 597-3437
Region 4
Waste Management Division
345 Courtland Street, NE
Atlanta, GA 30365
CML: (404) 347-3454
FTS: 257-3454
Region 5
Remedial Response Branch,
5HS-11
230 South Dearborn Street,
12th Floor
Chicago, IL 60604
CML: (312)886-5877
FTS: 886-5877
Region 6
Superfund Management Branch
Division, 6H-M
1445 Ross Avenue
Dallas. TX 75202-2733
CML: (214)655-6740
FTS: 255-6740
Region 7
Superfund Branch
726 Minnesota Avenue
Kansas City. KS 66101
CML: (913) 551-7052
FTS: 276-7052
Region 8
Superfund Remedial Branch, 8HWM-SR
999 18th Street, Suite 500
Denver, CO 80202-2405
CML: (303) 294-7630
FTS: 330-7630
Region 9
Waste Management Division, H-i
75 Hawthorne Street
San Francisco. CA 94105
CML: (415)744-1730
FTS: 484-1730
Region 10
Superfund Branch, HW-113
1200 6th Avenue
Seattle, WA98101
CML: (206)442-1987
FTS: 399-1987
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