UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON. D.C. 20460
                                                          OFFICE OF
                                                     SOLID WASTE AND EMERGENCY
                                                          RESPONSE
MEMORANDUM

SUBJECT:  Procedures

FROM:
TO:
Stephe
Office of; J
                                    OERR Directive 9320.2-11
                                    EPA 540/R-96/014
                                    PB 96-963222
  letions  at NPL Sites

 >tor
.nd Emergency Response
Director, Office  of  Site Remediation and Restoration
  Region I
Director, Emergency  and Remedial Response Division
  Region II
Director, Hazardous  Waste Management Division
  Regions III, IX
Director, Waste Management Division
  Region IV
Director, Superfund  Division
  Regions V, VI,  VII
Assistant Regional Administrator,  Office of Ecosystems
Protection and Remediation
  Region VIII
Director, Environmental Cleanup Office
  Region X
PURPOSE

     The purpose  of  this guidance is to define the requirements
for partial deletions  at National Priorities List  (NPL)  sites.

BACKGROUND

     The Partial  Deletions rule,  which allows EPA to delete
releases at portions of NPL sites, provided that deletion
criteria are met, was  published in the Federal Register  on
November 1, 1995.  A copy of this notice is attached  (Attachment
A).  Previously,  EPA's policy had been to delete'releases only
after evaluation  of  the entire site.  However, deletion  of entire
sites does not communicate the successful cleanup of portions of
those sites.  Total  site cleanup may take many years, while
         Recycted/RecyclabI* • Printed wlfri Vegetable Oil Based Inks on 100% Recycled Paper

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portions of the site may have been cleaned up and may be
available for productive use.  Some potential investors or
developers may be reluctant to undertake economic activity at
even a cleaned-up portion of real property that is part of a site
listed on the NPL.  Therefore, EPA will delete portions of sites,
as appropriate, and will consider petitions to do so.

IMPLEMENTATION

     In order to accurately portray these successes, we must
ensure that the information is consistent and accurate.  For this
reason, it is important for OERR to obtain relevant locational
information.  This information will be centrally housed in the
Superfund NPL Assessment Program (SNAP) database.  If you are
interested in obtaining a copy of the SNAP database, please
contact Larry Zaragoza at (703) 603-8867. Once it has been
determined that no further response is appropriate and a release
can be deleted from the NPL  (See 40 CFR 300.425(e)), Regions must
submit a hardcopy and electronic version of the information
delineated in Attachment B.   Please send this information to
Terry Keidan of OERR at mail code 5204G.  Terry can be reached at
(703) 603-8852.  Your Regional GIS coordinators and response
action contractors will be able to assist Remedial Project
Managers in compiling this critical information.   A sample
partial deletion map has been provided for you (see Attachment
C).   Region 6 has already met the locational data requirements
and published the first partial deletion Notice of Intent to
Delete (NOID) in the Federal Register on April 11, 1996 (see
Attachment D).

     These submissions will provide a national compilation of the
total area that has been subject to the partial deletion policy
and improve our information on site locations.  A Quality
Assurance review will be conducted on these materials by
Headquarters.  Approval for publication of the NOID will be given
once the accuracy of the locational information is verified.
Please contact Larry Zaragoza if you have any questions regarding
the required locational data.  Questions regarding procedures for
tracking partial deletions in CERCLIS should be forwarded to
Randy Hippen at (703) 603-8829.

     The criteria for site deletion are outlined in 40 CFR
300.425(e).  Partial deletion dictates stricter mapping and
tracking requirements, however, follows the same criteria and
procedures as total site deletion.  The NOID and Deletion Notice
for partial deletion should be written in the same manner as
those for total site deletion.  An example of a partial deletion
NOID is attached  (Attachment D) .

     In addition to partial deletions, these mapping procedures
can be applied to outline and emphasize clean parcels of property
contiguous to contaminated parcels included in the NPL site.
This will foster a clearer public understanding of exactly what

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property is- and is not included in the NPL listing.  In this way,
we can define the boundaries of the site and exclude those
parcels that were never contaminated.  More precise mapping will
accomplish this goal efficiently without having to go through
formal partial deletion procedures.

     Partial deletions are an effective way to communicate the
clean-up success of the Agency, as well as to promote the reuse
and development of these properties.  Please contact Terry Keidan
with any questions regarding the partial deletion policy.

CONTACTS:
•     Terry Keidan (703) 603-8852 for partial deletion policy
     questions
•     Larry Zaragoza (703) 603-8867 for locational data and SNAP
     inquiries
•     Randy Hippen (703) 603-8829 for CERCLIS partial deletion
     inquiries


cc:  Elliott Laws, OSWER
     Tim Fields, OSWER
     Jerry Clifford, OSRE
     OERR Center Directors
     Information Management Coordinators, Regions I-X
     Site Assessment Contacts, Regions I-X

Attachments

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  ATTACHMENT A

Partial Deletion Policy
Federal Register Notice

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55466  Federal Register  /  Vol.  60. No. 211 / Wednesday. November 1, 1995  /  Rules and Regulations

                                                                             portions of sites, if those releases qualify
                                                                             for deletion. Sites, or portions of sites,
                                                                             that meet the standard provided in the
                                                                             National Oil and Hazardous Substances
                                                                             Pollution Contingency Plan (NCP). i.e.,
                                                                             no further response is appropriate, may
                                                                             be the subject of entire or partial
                                                                             deletion. EPA expects that this action
                                                                             will help to promote the economic
                                                                             redevelopment of Superfund sites, and
                                                                             will better communicate the completion
                                                                             of successful partial cleanups.
                                                                             EFFECTIVE DATE: November 1.1995.
                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                             Hugo Paul Fleischman, (5203G), U.S.
                                                                             Environmental Protection Agency, 401
                                                                             M St., S.W., Washington. D.C. 20460;
                                                                             (703) 603-8769. An alternative contact
                                                                             is the Superfund Hotline; 1-800-424-
                                                                             9346 (TDD 800-553-7672), or in the
                                                                             Washington, D.C. area, (703) 412-9810),
                                                                             (TDD 703-412-3323).
                                                                             SUPPLEMENTARY INFORMATION: With State
                                                                             concurrence, EPA may delete sites from
                                                                             the NPL when it determines that no
                                                                             further response is appropriate under
                                                                             the Comprehensive Environmental
                                                                             Response, Compensation, and Liability
                                                                             Act of 1980 (CERCLA). See 40 CFR
                                                                             300.425(e). In making that
                                                                             determination, EPA typically considers:
                                                                             whether responsible or other parties
                                                                             have implemented all appropriate and
                                                                             required response actions; whether all
                                                                             appropriate Fund-financed responses
                                                                             under CERCLA have been implemented
                                                                             and EPA has determined that no further
                                                                             cleanup by responsible parties is
                                                                             appropriate; or whether the release of
                                                                             hazardous substances poses no
                                                                             significant threat to the public health,
                                                                             welfare or the environment, thereby
                                                                             eliminating the need for remedial
                                                                             action.
                                                                               To date. EPA policy has been to delete
                                                                             releases only after evaluation of the
                                                                             entire site. However, deletion of entire
                                                                             sites does not communicate the
                                                                             successful cleanup of portions of those
                                                                             sites. Total site cleanup may take many
                                                                             years, while portions of the site may
                                                                             have been cleaned up and may be
                                                                             available for productive use. Some
                                                                             potential investors or developers may be
                                                                             reluctant to undertake economic activity
                                                                             at even a cleaned-up portion of real
                                                                             property that is part of a  site listed on
                                                                             the NPL.
                                                                              Therefore, EPA will delete portions of
                                                                             sites, as appropriate, and will consider
                                                                             petitions to do so. Such petitions may
                                                                             be submitted by any person, including
                                                                             individuals, business entities. States,
                                                                             local governments, and other Federal
                                                                             agencies. Partial deletion will also be
                                                                             governed by 40 CFR 300.425 (e). State
                                                                             concurrence will continue to, thus, be a
                                                                             requirement for any partial deletion.
for the final interim approvals are
contained in docket numbers CA-SLO-
95-01-OPS (for San Luis Obispo), CA-
SB-95-1-OPS (for Santa Barbara), and
CA-VT-94-1-OPS (for Ventura)
maintained at the EPA Regional Office.
Each docket is an organized and
complete file of all the information
submitted to, or otherwise considered
by, EPA in the development of this final
interim approval. The dockets are
available for public inspection at the
location listed under  the ADDRESSES
section of this document.

B. Executive Order 12866
  The Office of Management and Budget
has exempted this action from Executive
Order 12866 review.
C. Regulatory Flexibility Act
  The EPA's actions under sections 502
and 112 of the Act do not create any
new requirements, but simply address
operating permit programs submitted to
satisfy the requirements of 40 CFR part
70. Because these actions do not impose
any new requirements, they do not have
a significant impact on a substantial
number of small entities.
D, Unfunded Mandates
  Under Section 202  of the Unfunded
Mandates Reform Act of 1995
("Unfunded Mandates Act"), signed
into law on March 22,1995, EPA must
prepare a budgetary impact statement to
accompany any proposed or final rule
that includes a federal mandate that
may result in estimated costs to state,
local, or tribal governments in the
aggregate; or to the private sector, of
S100 million or more. Under Section
205, EPA must select the most cost-
effective and least burdensome
alternative that achieves the objectives
of the rule and is consistent with
statutory requirements. Section 203
requires EPA to establish a plan for
informing and advising any small
governments that may be significantly
or uniquely impacted by the rule.
   EPA has determined that the interim
approval action promulgated today does
not include a federal  mandate that may
result in estimated costs of $100 million
or more to either state, local, or tribal
governments in the aggregate, or to the
private sector. This federal action
approves pre-existing requirements
under state or local law, and imposes  no
new federal requirements. Accordingly,
no additional costs to state, local, or
tribal governments, or to the private
sector, result from this action.

List of Subjects in 40 CFR Part 70
   Environmental protection,
Administrative practice and procedure.
Air pollution control. Hazardous
substances, Intergovernmental relations,
Operating permits, Reporting and
recordkeeping requirements.
  Dated: October 23.1995.
Felicia Marcus,
Regional Administrator.
  Part 70, title 40 of the Code of Federal
Regulations is amended as follows:

PART 70—{AMENDED]

  1. The authority citation for part 70
continues to read as follows:
  Authority: 42 U.S.C. 7401, et seq.
  2. Appendix A to part 70 is amended
by adding paragraphs (z), (aa), and (gg)
to the entry for California to read as
follows:
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
California
  The following district program was
submitted by the California Air Resources
Board on behalf of:
*****
  (z) San Luis Obispo County APCD
(complete submittal received on November
16,1995); interim approval effective on
December 1,1995; interim approval expires
December 1,1997.
  (aa) Santa Barbara County Air Pollution
Control District (APCD) submitted on
November 15,1993, as amended March 2,
1994, August 8,1994. December 8,1994. and
June 15, 1995; interim approval effective on
December 1,1995; interim approval expires
December 1,1997.
  (gg) Ventura County Air Pollution Control
District (APCD) submitted on November 16,
1993, as amended December 6,1993; interim
approval effective on December 1.1995;
interim approval expires December 1,1997.
*****

[FR Doc. 95-27142 Filed 10-31-95: 8:45 am]
BILLING COM UM-SO-P
40 CFR Part 300
[FHL-6323-8J

Notice of Policy Change: Partial
Deletion of Sites Listed on the National
Priorities List
AGENCY: Environmental Protection
Agency.
ACTION: Notice of policy change.

SUMMARY: The Environmental Protection
Agency (EPA) is changing its policy
concerning deletion of sites listed on the
National Priorities List (NPL), or
Superfund sites. EPA will now delete
releases of hazardous substances at

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        Federal Register / Vol. 60, No.  211 / Wednesday, November l, 199& /  Rules and Regulations 55467
EPA will consider partial deletion for
portions of sites when no further
response is appropriate for that portion
of the site. Such portion may be a
defined geographic unit of the site,
perhaps as small as a residential unit, or
may be a specific medium at the site,
e.g., groundwater, depending on the
nature or extent of the release(s).
  Again, EPA wishes to emphasize that
the primary purpose of the NPL is to
serve as an informational and
management tool. Whether property is
part of an NPL site is unrelated to
CERCLA liability because neither NPL
listing nor deletion assigns liability to
any party or to the owner of any specific
property. Liability under CERCLA is
determined under CERCLA section 107,
which makes no reference to NPL listing
or deletion. Listing or deleting a site
from the NPL does not create CERCLA
liability where it would not otherwise
exist. As with entire  sites, deleted
portions of sites remain eligible for
further Fund-financed remedial actions
should future conditions warrant such
action. Whenever there is a significant
release from a site or portion of a site
deleted from the NPL. the site or portion
may be restored to the NPL without
application of the Hazard Ranking
System. See 40 CFR 300.425(e)(3).
  Dated: October 24, 1995.
Elliott P. Laws,
Assistant Administrator.
[FR Doc. 95-27069 Filed 10-31-95; 8:45 am]
BILLING CODE 6860-40-P
FEDERAL EMERGENCY
MANAGEMENT AGENCY

44 CFR Part 65
[Docket No. FEMA-7156]

Changes in Flood Elevation
Determinations

AGENCY: Federal Emergency
Management Agency (FEMA).
ACTION: Interim rule.

SUMMARY: This interim rule lists
communities where modification of the
base (1% annual chance) flood
elevations is appropriate because of new
scientific or technical data. New flood
insurance premium rates will be
calculated from the modified base flood
elevations for new buildings and their
contents.
DATES: These modified base flood
elevations are currently in effect on the
dates listed in the table and revise the
Flood Insurance Rate Map(s) in effect
prior to this determination for each
listed community.
  From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Associate Director, Mitigation
Directorate, reconsider the changes. The
modified elevations may be changed
during the 90-day period.
ADDRESSES: The modified base flood
elevations for each community are
available for inspection at the office of
the Chief Executive Officer of each
community. The respective addresses
are listed in the following table.
FOR FURTHER INFORMATION CONTACT:
Michael K. Buckley, P.E., Chief, Hazard
Identification Branch, Mitigation
Directorate, 500 C Street, SW,
Washington, DC 20472, (202) 646-2756.
SUPPLEMENTARY INFORMATION: The
modified base flood elevations are not
listed for each community in this
interim rule. However, the address of
the Chief Executive Officer of the
community where the modified base
flood elevation determinations are •,
available for inspection is provided.
  Any  request for reconsideration must
be based upon knowledge of changed
conditions, or upon new scientific or
technical data.
  The modifications are made pursuant
to Section  201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in  accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR Part 65.
  For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
  The modified base flood elevations
are die basis for the floodplain
management measures that the
community is required to either adopt
or to show evidence of being already in
effect in order to qualify or to remain
qualified for participation in the
National Flood Insurance Program
(NFTP).
  These modified elevations, together
with the floodplain management criteria
required by 44 CFR 60.3, are die
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, State, or regional entities.
  The changes in base flood elevations
are in accordance with 44 CFR 65.4.

National Environmental Policy Act
  This rule is categorically excluded
from the requirements of 44  CFR Part
10, Environmental Consideration. No
environmental impact assessment has
been prepared.

Regulatory Flexibility Act
  The Associate Director, Mitigation
Directorate, certifies diat this rule is
exempt from the requirements of the
Regulatory Flexibility Act because
modified base flood elevations are
required by the  Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are required to maintain community
eligibility in the NFIP. No regulatory
flexibility analysis has been  prepared.
Regulatory Classification
  This interim rule is not a significant
regulatory action under the criteria of
Section 3(f) of Executive Order 12866 of
September 30,1993, Regulatory
Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism
  This rule involves no policies that
have federalism implications under
Executive Order 12612, Federalism,
dated October 26,1987.
Executive Order 12778, Civil Justice
Reform
  This rule meets the applicable
standards of Section 2(b)(2) of Executive
Order 12778.
List of Subjects in 44 CFR Part 65
  Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
  Accordingly; 44 CFR Part 65 is
amended to read as follows:

PART 65—{AMENDED]

  1. The authority citation for Part 65
continues to read as follows:
  Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1378. 3 CFR.
1978 Comp., p. 329; E.O. 12127. 44 FR.19367,
3 CFR, 1979 Comp., p. 376.

§65.4  [Amended]
  2. The tables published under the
authority of § 65.4 are amended as
follows:

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   ATTACHMENTS

Partial NPL Site Deletion
  Data Collection Form

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  Partial NPL Site Deletion
    Data Collection  Form

        (Version 1.0, March 1996)
     Site Name:
     CERCLIS ID#:
Name of Deleted Portion:
     Region:	     State:
  This form should be completed for all.
  proposed deletions of releases at NPL
  sites.   Include this  form as part of
  the Notice of Intent to Delete (MOID)"
  submitted:to EPA
  State, Tribal, and Site Identification Center
    U.S. Environmental Protection Agency

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                        Partial NPL Site Deletion
                            Data Collection Form
General Form Instructions

The Partial NPL Site Deletion Data Collection Form is designed to standardize partial site
deletion information for input into the Superfund NPL Assessment Program (SNAP) data base.
This data base serves as a repository for general information about NPL sites and is used to
respond to queries about NPL sites from a variety of sources including the general public, the
media, other government agencies, and members of Congress.  The primary source materials for
completing this form are the Notice of Intent for Partial Deletion (NOID), site information
supporting the decision to delete this portion of the site, and electronic locational data.
Requirements for submitting electronic locational data are included in EPA's Locational Data
Policy.

As you complete the Partial NPL Site Deletion Data Collection Form, keep the following points
in mind.

>     Please complete the form in ink, and print legibly.

>     Use the most current level of information available (e.g., Rl-level information has priority
      over HRS package-level information).

*•     Try to use the listed response options when answering a  question, and use "unknown" and
      "other" responses only when absolutely necessary.  If, however, the available response
      options for a question are not adequate to accurately describe the site, use the "other"
      response and provide a brief explanation in the space provided.

>     Use the margins to explain responses that do not match listed response options or to
      provide clarifying information.

Please respond to all questions with the answer that you believe best represents the site
conditions, given the information available at the time the NOID is prepared. Do not skip
questions except where specifically directed to do so.

Information and Data Requirements for Partial Deletions

The State, Tribal,  and Site Identification Center (Center) has distributed procedures on how to
document partial site deletions. The data requirements are clearly outlined in those procedures,
but also reiterated here.

The Regions are required to submit a NOID. This documentation provides useful information
related to the site boundary and characteristics if coordinate information is deficient in the
electronic version.

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Along with the MOID, the partial deletion package should also include the following items:

>     A map clearly showing the entire site and that portion to be deleted (including scale);

*•     Site coordinates (latitude and longitude) for at least three reference points on the map.

*•     Landmarks, such as roads, water bodies, waste operations, or residential areas (these
      facilitate reading the map).

*     Contacts for both the partial deletion decision and the electronic data.

The above materials are to be provided in both hard and electronic copy. Electronic files in
ARC/INFO, Maplnfo, GIS+, or those mentioned below are  acceptable.  If mapping information
is not available in these packages, the Center should be contacted to determine how to submit the
electronic information.

Electronic files submitted with the partial deletion package  should:

>•     Include all vector/raster layers for the site necessary to recreate a map;

*•     Include all attribute information associated with the data layers;

*     Be delivered in one of the following formats:
      1.   ARC/INFO native or export (.EOO) format,
      2.   ArcView shape files
      3.   Maplnfo native Maplnfo Interchange Format (MIF), Maplnfo Boundary Interchange
          File (MBI). or Maplnfo Map Interchange Format (MMI)
      4.   GIS+ native
      5.   AutoCAD DXF format
      6.   ASCII delimited file (include data structure and  format for recreation)

If electronic files are to be delivered in a format other than one of those identified in the list
above, obtain prior approval from EPA Headquarters. To facilitate the integration of data into
these systems it is important that coding of geographic coordinates and associated attributes be
standardized.

The site map must be dated. The date is to reflect the delineation of the boundaries of the site as
of the date prepared, including the portion to be deleted.  Geographic coordinates of points
describing a specific object (e.g., operable unit or portion of the site to be delisted) should be
included.

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Additional Information

A printout of locational data fields for each data layer in the electronic files should be provided
with the electronic files. The printout should include:

1.  Projection of data - Map projections allow areas on the surface of the Earth (a spheroid) to be
    represented on a map (a flat surface) while minimizing distortion. This information is
    important because it represents the geometric accuracy of the data and it is critical in
    determining the measurement accuracy.
2.  Units of Measure - Map units are the units in which the coordinates of the spatial data
    represented in your image are stored. They may be  in kilometers, inches, feet, etc.
3.  Projection Spheroid -Defines the shape of the spheroid for calculating the transformation of
    coordinates from a particular shape.
4.  Projection Zone (i.e. UTM  11 or State Plane Zone 1101 Maryland East) - Identify the map
    projection or coordinate system used in creating the map. Map projections allow areas on the
    surface of the Earth (a spheriod) to be represented on a map (a flat surface).
5.  Horizontal Datum - A datum is a set of parameters defining a coordinate system, and a set of
    control points whose geometric relationships are known, either through  measurement or
    calculation.
6.  False Northing/False Easting - Any offset on the x and/or y axis applied to coordinates of the
    data.
7.  Source - Describe the source of the geographic data used in creating the file.
8.  Source Scale - Map scale is the relationship between the dimensions of a map and the
    dimensions of the Earth.  It is usually expressed as a ratio between a distance on the map and
    a distance on the Earth, like 1:63,360.
9.  Point-Line-Area - Predominant feature type of data (i.e., a point feature  may represent a
    monitor  well.or a benchmark, a line feature may represent a street, a polygon feature may
    represent a body of water or an area of contamination).
10. Method  of collection - Describe the methodology used in collecting the  data (i.e., scanning,
    manual,  digitizing, GPS, etc.).
11. Description and structure of data and any attribute information.

Although not required, the following additional locational data is useful:

1.  Accuracy value & unit
2.  Xmin, Ymin, Xmax, Ymax of data layer
3.  Precision of Data
4.  Source Projection
5.  Source Units of Measure
6.  Source Projection Spheroid
7.  Source Horizontal Datum

For questions on completing this form or completing a MOID, contact Ms. Terry Keidan at EPA
Headquarters via lanmail or phone (703) 603-8852, fax (703) 603-9104. For questions on
locational and site/deletion delineation information, contact Dr. Larry Zaragoza at (703) 603-
8867.

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'Site Name:
                                                                                     Pagel
 1.
Basic Identifying Information

1.1    Site Name (as entered in CERCLIS):	

      CERCLIS ID Number:	
       1.2
       1.3    NPLSite Location:  City:.
                               County:.
                                                            State:	
                                                            Zip Code:.
       1.4    Name Given to Deleted Portion of the Site: 	

       1.5    Is this the first, second, third, etc. partial deletion at the site? (Enter the deletion number):
       1.6    Name of Person(s) Completing Form:.
             Affiliation (agency/company):	
             Phone Number:	
       1.7    Name of Person(s) Completing Electronic Locational Data:	
             Affiliation (agency/company):	
             Phone Number:	

       1.8    BRIEF PARTIAL DELETION NARRATIVE. Provide a brief narrative describing the location and
             extent of the release to be deleted. Include a discussion of the locational data and method(s) used to
             delineate the deleted release. Attach additional pages if necessary.
                            Partial NPL Site Deletion Data Collection Form

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Site Name:                                                                                   Page 2


       1.9   PARTY REQUESTING DELETION.  Which party or parties requested the partial deletion (check
            all that apply):

            D     Developer
            D     Property Owner/Operator
            D     City/Municipality
            D     State
            D     Citizen group
            D     Other Interest group
            D     Individual
            n     EPA
            D     Other Federal program (specify)  	
            D     Other (specify) 	
            D     Unknown

       1.10  REASON FOR PARTIAL DELETION. Which reason or reasons best justify the partial deletion
            (check all that apply):

            D     Contamination not found
            n     Cleaned up
            D     Deferred to RCRA
            D     Deferred to other Agency (specify) 	
            D    Incorrectly included in site boundaries
            D    Other (specify) 	
2.    Partial Deletion Package Contents

      2.1    Which of the following items has been provided in the partial deletion package?

        Electronic   Hard Copy
            D          D    Notice of Intent to Delete (NOID)
            D          D    Map of the entire site and deleted portion (scale included)

      2.2    Which locational data fields have been provided in both electronic and printout form? (Check only the
            fields that apply)

        Electronic    Printout
n
n
n
n
n.
n •
D
n
a
a
n
a
n
n
a
a
n
a
a
a
a
a
n
a
a
D
a
D
n
n
n
a
n
a
n
a
Projection of data
Units of measure
Projection spheroid
Projection zone (i.e., UTM 1 1 or State Plane Zone 1101 Maryland East)
Horizontal Datum
XShift/YShift
Source
Source Scale
Point-Line-Area
Method of collection
Description and structure of data and any attribute information
Accuracy value and unit
Xmin, Ymin, Xmax, Ymax of data layer
Precision of data
Source projection
Source units of measure
Source projection spheroid
Source horizontal datum
                            Partial NPL Site Deletion Data Collection Form

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Site Name:                                                                                       Page 3


      2.3    In what format(s) were the partial deletion electronic files submitted? (Check all that apply.)

             D     ARC/INFO native or export (.EOO)
             D     Arc View shape files
             D     Maplnfo native Map Info Interchange Format (MIF)
             D     Maplnfo Boundary Interchange (MBI)
             D     Maplnfo Map Interchange (MMI)
             D     GIS+ native
             D     AutoCAD DXF
             O     ASCII delimited file (include data structure and format for re-creation)

      2.4    NPL SITE COORDINATES. Coordinates of the entire site should be provided in the form of
             polygons, starting with the northern-most coordinate and moving clockwise (in degrees, minutes,
             seconds, and thousandths of seconds):

             1.     	•	'	.	" North Latitude        	°	'	.	" West Longitude

             2.     	°	'	.	" North Latitude        	"	'	.	" West Longitude

             3.     	°	'	.	" North Latitude        	°	'	.	" West Longitude

             4.     	"	'	.	" North Latitude        	°	'	.	" West Longitude

             5.     	"	'	.	" North Latitude        	°	'	.	" West Longitude

             6.     	"	'	.	" North Latitude        	°	'	.	" West Longitude

             7.     	"	'	.	" North Latitude        	"	'	.	" West Longitude

             If thousandths of seconds are unknown, use "0" as a default value. If necessary, refer to Appendix E
             ofEPA's 1991 PA guidance document for directions on how to determine coordinates.

      2.5    DELETED PORTION COORDINATES.  Coordinates of the deleted portion of the site should be
             provided in the form of polygons, starting with the northern-most coordinate and moving clockwise (in
             degrees, minutes, seconds, and thousandths of seconds):

             1.     	"	'	.	". North Latitude        	°	'	.	: _" West Lon gitude

             2.     	"	'	" North Latitude        	"    '	.	" West Longitude

             3.     	"	'	.	" North Latitude        	°	'	.	" West Longitude

             4.     	°	'	.	" North Latitude        	°	'	.	" West Longitude

             5.     	°	'	.	" North Latitude        	°	'	.	" West Longitude

             6.     	°	'	.	" North Latitude        	°	'	.	" West Longitude

             7.     	"	'	.	" North Latitude        	°	'	.	" West Longitude

             If thousandths of seconds are unknown, use "0" as a default value. If necessary, refer to Appendix E
             of EPA 'j 1991 PA guidance document for directions on how to determine coordinates.

      2.6    What method was used to identify the NPL site and deleted portion coordinates?	
                             Partial NPL Site Deletion Data Collection Form

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Site Name:                                                                                 Page 4





3.    Dates




      3.1    Date this Form Was Completed: 	 (mm/dd/yy)



      3.2    Date Partial Deletion Proposed in FR:  	 (mm/dd/yy)



      3.3    Date Partial Deletion Finalized in FR:  	 (mm/dd/yy)
                            Partial NPL Site Deletion Data Collection Form

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    ATTACHMENT C
Sample Partial Deletion Map

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   Sample Partial Deletion Map
          -	\  	i r
\\\ e  -
 v x 1 *% X.
 N33-<2-30iOO
 WB4073Q50
 xX'l\ X..J	
  \ \ v
                    N33-40^27 25
                    W84-07-25 15
                •  Lat/Long Points
               /\/ Route
                  Streets
               [_j Site XYZ
0.5
0.5
1 Miles

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    ATTACHMENT D
Example Partial Deletion NOID

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16068        Federal Register / Vol.  61. No.  71 / Thursday,  April  11. 1996 / Proposed Rules
                                                                         40 CFR Part 300

                                                                         PRL-64Se-61

                                                                         National OH and Hazardous
                                                                         Substances Pollution Contingency
                                                                         Plan; National Priorities Utt

                                                                         AGENCY: Environmental Protection
                                                                         Agency.
                                                                         ACTION: Notice of intent for partial
                                                                         deletion of the RSR Corporation
                                                                         Superfund Site from the National
                                                                         Priorities List.

                                                                         SUMMARY: The Environmental Protection
                                                                         Agency (EPA) Region 6 announces its
                                                                         intent to delete the residential portions
                                                                         of the RSR Corporation Superfund Site
                                                                         (RSR Site) known as Operable Unit (OU)
                                                                         Noa. 1 and 2 from (he National Priorities
                                                                         List (NPL) and  requests public comment
                                                                         on this action. The NPL constitutes
                                                                         Appendix B to the National Oil and
                                                                         Hazardous Substances Pollution
                                                                         Contingency Plan (NCP). 40 CFR part
                                                                         300, which EPA promulgated pursuant
                                                                         to section 105 of the Comprehensive
                                                                         Environmental Response,
                                                                         Compensation, and Liability Act
                                                                         (CERCLA).
                                                                          This proposal for partial deletion
                                                                         pertains to OU No. 1, which includes all
                                                                         privately owned residential properties
                                                                         and residential high risk areas, such as
                                                                         schools and day can centers, located in
                                                                         the RSR site. In addition, this proposal
                                                                         for partial deletion pertains to OU No.
                                                                         2, which includes the public residential
                                                                         housing area located in RSR Site that is
                                                                         currently owned by the Dallas Housing
                                                                        Authority (DHA). EPA has issued no
                                                                         further action Records of Decision
                                                                         (RODs) for OU Nos. 1 and 2. EPA bases
                                                                         its proposal to delete OU Nos. 1 and 2
                                                                         on the determination by EPA and the
                                                                         State of Texas, through the Texas
                                                                         Natural Resource Conservation
                                                                        Commission (TNRGC). that alt
                                                                         appropriate actions under CERCLA hav
                                                                         been implemented to protect human
                                                                         health, welfare and the environment at
                                                                         OU Nos. land 2.
                                                                          This partial deletion pertains only to
                                                                         OU Nos. 1 and 2 of the RSR Site and
                                                                         does not include OU Nos. 3.4 and 5.
                                                                         OU Nos. 3.4 and S will remain on the
                                                                         NPL, and response activities will
                                                                         continue at those OUs.
                                                                         OATa* The EPA will accept comments
                                                                         conoacning to proposal for partial
                                                                         deletion for thirty (Ml **y» «ftor

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               Federal Register /  Vol. 61,  No. 71 J  Thursday,  April 11, 1996  /  Proposed Rules
                                                                    16069
 publication of this document in the
 Federal Register and a newspaper of
 record.
 ADDRESSES: Comments may be mailed
 to: Ms. Olivia Rodriguez Balandran,
 Community Relations Coordinator, U.S.
 EPA. Region 6 (6SF-?). 1445 Ross
 Avenue, Dallas, Texas 75202-2733, 1-
 800-533-3508 or (214) 665-6484.

 INFORMATION REPOSITORIES:
 Comprehensive information on the RSR
 Site as well as information specific to
 this proposed partial deletion is
 available for review ?l EPA's Region 6
 office in Dallas, Texas. The
 Administrative Records for OU Nos. 1
 and 2 and the Deletion Docket for this
 partial  deletion are maintained at the
 following RSR Site document/
 information repositories:
 U.S. EPA, Region 6, Library,  12th Floor
  (6MD-II). 1445 Ross Avenue, Dallas,
  Texas 75202-2733, (214) 665-6424 or
  665-6427, Hours of Operation: M-F
  8:00 a.m. to 4:30 p.m.
Dallas Public Library, 2332 Singleton
  Blvd., Dallas, Texas 75212, (214) 670-
  6445, Hours of Opera'ion: M and W
   10 a.m.-6 p.m., T and Th 10 a.m.-6
   p.m. Sat W a.m.-5 p.m.
 Texas Natural Resource Conservation
   Commission, 12118 North IH 35,
   Technical Park Center, Room 190,
   Building D, Austin, Texas 78753,
   (512) 239-2920 Hours of Operation:
   M-F 8:00 a.m.-5:00 p.m.
 FOR FURTHER INFORMATION CONTACT: Mr.
 Carlos A. Sanchez, Project Manager,
 U.S. EPA, Region 6 (6SF-AT), 1445 Ross
 Avenue, Dallas, Texas 75202-2'/33,
 (214) 665-8507.

 SUPPLEMENTARY INFORMATION:
 Table of Contents
 I. Introduction
 II. NPL Deletion Criteria
 111. Deletion Procedures
 IV. Basis for Intended Partial Site Deletion

Appendix
A. Deletion Docket
B. Site Coordinate Boundaries

I. Introduction
  The United States E:. ironmental
Protection Agency (EPA) Region 6
announces its intent to delete a portion
of the RSR Corporation Superfund Site
(RSR Site) located in, Dallas. Dallas
 County, Texas, (Figure 1) from the
 National Priorities List (NPL), which
 constitutes Appendix B of the National
 Oil and Hazardous Substances Pollution
 Contingency Plan (NCP), 40 CFR part
 300, and requests comments on this
 proposal. This proposal for partial
 deletion pertains to OU No. 1, which
 consists of all privately owned
 residential properties and associated
 residential high risk areas, such as
 schools, churches and day care centers
 in the RSR Site. OU No. 1 is bounded
 on the north and east by the Trinity
 River, on the south by Ft. Worth Avenue
 and Davis Street, and on the west by
 State Highway Loop 12 (Walton Walker
 Blvd.) and the Dallas city limits at the
 levee (approximately 1/2 mile west of
 Loop 12). In addition, this proposal for
 partial deletion pertains to OU No. 2,
 which includes the public residential
 housing area in the RSR Site that is
currently owned' y the Dallas Housing
Authority (DHA). OU No. 2 is bounded
by Westmoreland Road to the wesc,
Hampton Road to the east, Canada Drive
to the north and Singleton Boulevard to
the south.
BIUMQ CODE OMO-M-P

-------
                                                                                                                                  s
                                                                                                                                  vj
                                          Imly
              SITE
  SITE 3
           REJIOCNTIAL P«0«RTT IOO NO. » - DELETED AREA

           DALLAS HOUSING AUTHORITY IOHAI PROFEHTV IOO NO  a - DELETED AREA

      Itttl VAG PILES IOO NO J. SITES 1. 3. AND » - RETAINED AflEA

      H MuRULm/nsn SMCLTEM-TMACT i lou NO. 4 - RETAINED AREA

      RS3 OTMID MJRMEH^ISR INDUSTRIAL PROPERTY (OO NO.  51  - RETAINED AMEA


RSR/OLM- S/6M80OSO.DGN
                                                                                                              APPROXIMATE SCALE
                FIGURE  1
              VICINITY  MAP
OPERABLE UNITS (OU)  NOS. 1.2,3.4  &  5
 RSR  CORPORATION SUPERFUND  SITE
          EPA« -  TXD079348397
             DALLAS. TEXAS
                                                                                                                                  O)
                                                                                                                                  D.
                                                                                                                                  D>
                                                           3
                                                           •§

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                Federal Register / Vol. 61. No. 71 / Thursday, April 11. 1996 / Proposed Rules	16071
   In Oil Nos. 1 and 2, extensive
 sampling and risk assessments have
 been completed at all private and public
 residential properties and residential
 high risk areas and cleanups performed
 to remove contamination related to a
 former secondary lead smelter to
 residential action levels. In OU No. 1
 EPA implemented investigations and
 response actions at residential
 properties where property owners
 granted voluntary access for the
 performance of the activities. Of
 approximately 1,000 residential
 property owners only 30 refused to
 provide EPA voluntary access for the
 response activities. Since it is EPA's
 policy not to conduct response activities
 at private residential property without
 first obtaining permission from the
 resident, EPA did not perform certain
 CERCLA response actions at the
 locations where access was denied.
 Based on the investigation and cleanup
 efforts,  on May 9,1995, EPA issued a
 Record of Decision for OU No. 1 stating
 that no further action is necessary to
 protect human health and the
 environment. Similarly, based on
 extensive investigations and cleanup
 efforts in OU No. 2, on May 9, 1995.
 EPA issued a Record of Decision for OU
 No. 2 stating that no further action is
 necessary to protect human health and
 the environment in-OU No. 2.
   EPA proposes to delete OU Nos. 1 and
 2 because all appropriate CERCLA
 response activities have been completed
.in those areas. However, response
 activities at OU Nos. 3,4, and 5 of the
 RSR Site are not yet complete, and OU
 Nos. 3,4, and 5 will remain on the NPL
 and are not the subject of this partial
 deletion.
   The NPL is a list maintained by EPA
 of sites  that EPA has determined 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). Pursuant
 to 40 CFR 300.425(e) of the NCP, any
 site or portion of a site deleted from the
 NPL remains eligible for Fund-financed
 remedial actions if conditions at the site
 warrant such action.
   EPA will accept comments
 concerning its intent for partial deletion
 for thiuy (30) days after publication of
 this notice in the Federal Register and
 a newspaper of record.
 D. 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 to protect public health or
 the environment, hi making such a
 determination pursuant to § 300.425(e),
 EPA will consider, in consultation with
 the State, whether any of the following
 criteria have been met:
   Section 300.425(e)(l)(i). Responsible
 parties or other persons have
 implemented all appropriate response
 actions required; or
   Section 300.425(e)(l)(ii). All
 appropriate Fund-financed response
 under CERCLA has been implemented.
 and no further response action by
 responsible parties is appropriate; or
   Section 300.425(e)(l)(iii). The
 remedial investigation has shown that
 the release poses no significant threat to
 public health or the environment and,
 therefore, taking of remedial measures is
 not appropriate.
   Deletion of a portion of a site from the
 NPL does not preclude eligibility for
 subsequent Fund-financed actions at .the
 area deleted if future site conditions
 warrant such actions. Section
 30a.425(e)(3) of the NCP provides that
 Fund-financed actions may be taken at
 sites that have been deleted from the
 NPL. A partial deletion of a site from the
 NPL does not affect or impede EPA's
 ability to conduct CERCLA response
 activities at areas not deleted and
 remaining on the NPL. In addition.
 deletion of a portion of a site from the
 NPL does not affect the liability of
 responsible parties or impede agency
 efforts to recover costs associated with
 response efforts.
 ITJ. Deletion Procedures

 -Deletion of a portion of a site from the
 NPL does not itself create, alter, or
 revoke any person's rights or
 obligations. The NPL is designed
 primarily for informational purposes
and to assist Agency management
  The following procedures were used
 for the proposed deletion of OU Nos. 1
 and 2 of the RSR Site:
  (1) EPA has recommended the partial
 deletion and has prepared the relevant
 documents.
  <2) The State of Texas through TNRCC
 concurred by letter deteil January 8,
 1996, with this partial deletion.
  (3) Concurrent with this national
 Notice of Intent for Partial Deletion, a
notice has been published in a
newspaper of record and has been
 distributed to appropriate federal. State,
 and local officials, and other interested
 parties. These notices announce a thirty
 (30) day public comment period on the
 deletion package, which commences on
 the date of publication of this notice in
 the Federal Register and a newspaper of
 record. -
   (4) EPA has made all relevant
 documents available at the information
 repositories listed previously.
   This Federal Register notice, and a
 concurrent notice in a newspaper of
 record, announce the initiation of a
 thirty (30) day public comment period
 and the availability of the Notice of
 Intent for Partial Deletion. The public is
 asked to comment on EPA's proposal to
 delete OU Nos. 1 and 2 from the NPL.
 All critical documents needed to
 evaluate EPA's decision are included in
 the Deletion Docket and are available for
 review at the information repositories.
   Upon completion of the thirty (30)
 day public comment period. EPA will
 evaluate all comments received before
 issuing the final decision on the partial
 deletion. EPA will prepare a
 Responsiveness Summary for comments
 received during the public comment
 period and will address concerns
 presented in the comments. The
 Responsiveness Summary will be made
 available to the pi jlic at the
 information repositories listed
 previously. Members of the public are
 encouraged to contact EPA Region 6 to
 obtain a copy of the Responsiveness
 Summary. If, after review of all public
 comments. EPA determines that the
 partial deletion from  the NPL is
 appropriate. EPA will publish a final
 notice of partial deletion in the Federal
 Register. Deletion of OU Nos. 1 and 2
 does not actually occur until the final
 Notice of Partial Deletion is published
 in the Federal Register.
 IV. Basis for Intended Partial Site
 Deletion
  The following provides EPA's
 rationale for deletion of OU Nos. 1 and
 2 from the NPL and EPA's finding that
 the criteria in 40 CFR 300.425(eJ are
 satisfied:
 Background
  The RSR Site is located in west
 Dallas. Texas and encompasses an area
 of approximately 13.6 square miles. The
 RSR Site is very diverse and includes
 large single and multi-family residential
neighborhoods, multi-family public
 housing areas and some industrial,
 commercial and retail establishments.
Contamination at the RSR Site
 originated from the operation of a
 secondary lead smelter facility located
 in the heart of west Dallas for
 approximately 50 years. Specifically,
 contamination of ma  RSR Site resulted
 from the fallout of historical air
 emissions from the smelter stack, from
 the use by residents of lead slag and
 battery casing chips as fill material in
 residential driveways and yards and
 from the disposal of smelter wastes in

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 16072	Federal Register /Vol.  61.  No. 71 / Thursday, April 11. 1996 /  Proposed  Rules
 several disposal areas, including two
 locations operated as local municipal
 landfills. Lead, cadmium and arsenic
 are the primary contaminants of concern
 at the RSR Site.
   In order to expedite Superfund
 response actions at this large site,
 especially with regard to the residential
 areas, EPA divided the RSk Site into
 five Operable Units (OUs), Figure 1:
   • OU No. 1—Private Residential
 Properties
   • OU No. 2—Dallas Housing
 Authority (DMA) Prooerty
   '•  OU No. 3—Slag Piles/Landfills
   • OU No. 4—Smelter Facility
   • OU No. 5—Othu-r Industrial
 Property Associated with the Smelter
   EPA has been investigating,
 conducting human health risk
 assessments and making CERCLA
 response action decisions  for each OU .
 separately.
   OU No. 1 includes private residential
 properties and high risk locations such
 as schools, church play areas, parks, ^nd
 day care facilities. Industrial,
 commercial, and retail establishments
 are not included in OU No. 1. OU No.
 1 is bounded on the north and east by
 the Trinity River, on the south by Ft.
 Worth Avenue, and on the west by State
 Highway Loop 12 (Walton Walker Blvd.)
 and the Dallas city limits at the levee
 (approximately Vfe mile west of Loop
 12). OU No. 1 includes primarily single
 and multi-family housing and has a
 population of approximately 17,000.
  Operable Unit No. 2 is an area owned
 and operated by the Dallas Housing
 Authority (DHA), which encompasses
 approximately 460 acres within the RSR
 Site. The OU No. 2 site is bounded by
 Westmoreland Road to the west,
 Hampton Road to the east,  Canada Drive
to the north and Singleton Boulevard to
the south. OU No. 2 includes primarily
 public multi-family housing, schools,
parks, recreation facilities, and a day
care center.
  For approximately SO years,
secondary lead smelting operations
were conducted at the smelter facility
 located near the center of the RSR Site.
An extensive review of available
historical information concerning the
smelter's operation indicates that from
approximately 1934 until 1971, the lead
smelting facility was^owned and/or
operated by Murph Metals. Inc. or its
predecessors. In 1971, RSR Corporation
acquired the lead smelting operation
and operated the smelter under the
name Murph Metals until March 1984
when a Federal Trade Commission
divestiture order resulted in the
acquisition of the smelter in May 1984
by the current owner,  Murmur
Corporation. In 1983, the City of Dallas
 declined to renew the smelter's
 operating permit. This decision was
 based on the smelter's historic
 operational practices and changes in the
 City's zoning ordinance restrictions.  As
 a result, the smelter closed in 1984 and
 has not operated since that time.
   The smelter facility currently consists
 of two properties separated by
 Westmoreland Road. The smelter
 building, stack and other associated
 buildings, which are no longer in use,
 are situated on one property (OU No. 4),
 while a disassembled battery wrecking
 building and abandoned disposal areas
 exist on the property across
 Westmoreland Road (OU No. 5).
 Currently, Murmur Corporation is
 conducting the only active site
 operations, which consist of a lead
 manufacturing and fabricating facility
 producing lead shot and lead sheets for
 hospital x-ray rooms.
  As a result of a lawsuit brought by the
 City of Dallas and the Texas Air Control
 Board against RSR'Corporation and
 Murph Metals, in 1983 RSR/Murph by
 court order was required to fund a
 cleanup of the residential community
 within one-half mile of the smelter. The
 cleanup was conducted from 1984
 through 1985 and required the removal
 and offsite disposal of soils in
 residential areas and public play areas
 and day care centers that exceeded
 approximately 1,000 ppm lead
 concentration. The cleanup action
 conducted from 1984 'hrough 1985
 exceeded recommendations made by the
Center for Disease Control (CDC) and
 was considered a protective and
appropriate action at that time.
  Concerns about lead contamination  in
the west Dallas area re-emerged in 1991
when TNRCC (formerly the Texas Water
Commission) began receiving
complaints from area residents about
residual slag piles and battery chips
allegedly originating from the former
RSR Corporation facility in areas
beyond the original cleanup area. In
addition, in 1991 the CDC lowered the
blood lead level of concern.
Consequently, TNRCC requested that
EPA re-evaluate the area! extent' of
smelter contamination in west Dallas.
  On May 10,1993, EPA proposed to
add the RSR Corporation Site to the
 National Priorities List (NPL) of
 Superfund sites (58 Fed. Reg. 27,507).
The final listing was published in the
 Federal Register oh September 29,1995
 (60 FR 50435).
 OUNO. 1 Response Actions
  EPA began soil sampling m west
 Dallas in 1991 to determine the
 presence' of soil contamination from the
 RSR smelter. Results indicated that
 areas previously cleaned in the 1980s
 were not recontaminated and did not
 require further cleanup, but that
 contamination existed beyond the area
 formerly addressed in areas near the
 smelter and in areas where battery chips
 were used as fill. Consequently, EPA
 initiated an emergency removal action
 in the residential and high risk areas
 (designated OU No. 1) consisting of
 removal and offsite disposal of soils and
 debris contaminated in excess of the
 residential removal action cleanup
 levels of 500 ppm lead, or 20 ppm
 arsenic, or 30 ppm cadmium. EPA
 conducted removal activities at 420
 residential properties and high risk
 areas at OU No. 1 of the RSR Site from
 October 1991 to June 1994.
   In addition to the removal action, EPA
 conducted a remedial investigation and
 a baseline human health risk assessment
 at OU No. 1 to determine the extent of
 contamination and long-term cleanup
 goals for OU No. 1. On ufay 9,1995,
 based on the results of these studies and
 the completion of the removal action
 EPA, issued a ROD for OU No. 1
 presenting EPA's decision that no
 further CERCLA action is -ecessary to
 protect human health and the
 environment.
  All of the response actions at OU No.
 1 were conducted using funds from the
 Hazardous Substance Superfund.
 OU NO. 2 Response Actions

  On August 9,1993, EPA entered into
 a CERCLA Adn.:..istrative Order on
 Consent (AOC), Docket No. 6-21-93,
 with DHA, under which DHA agreed to
 conduct a remedial investigation and
 feasibility study (RI/FS) and, in
 addition, to conduct demolition and
 removal actions at OU No. 2. Under the
 AOC, DHA was required to perform the
 removal and demolition activities in the
 same manner and in accordance with
 the removal action performed by EPA at
 the residential areas in OU No. 1.
 Pursuant to the AOC, DHA excavated
 and removed contaminated soils with
 concentrations equal to or in excess of
 residential action levels, and disposed
 of those sojls in appropriate and "
 permitted offsite landfills. In addition,
 DHA demolished 167 buildings using
 methods approved by EPA to prevent
 public exposure to contaminants that
 may have been contained in the
 building materials. DHA's demolition
 and removal actions were performed
 with the oversight end approval of EPA
 and w«re completed in March 1995.
TNRCC also provided, oversight support,
 and DHA coordinated and received
 approval from TNRCC for the disposal
 of materials, to offeite landfill facilities.

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              Federal Register  /  Vol.  61, No. 71 f Thursday. April 11. 1996  /  Proposed  Rules       16073
  Concurrent with DHA's investigation
and removal activities, EPA conducted
a human health risk assessment for OU
No. 2. Based on the results of these
studies and on the completion of the
removal and demolition activities, on
May 9,1995, EPA issued a ROD for OU
No. 2 presenting its decision that no
further CERCLA action is necessary to
protect human health and the
environment at OU No. 2.

Community Involvement
  Public participation activities for OU
Nos. 1 and 2 have been satisfied as
required in CERCLA Section 113(k). 42
U.S.C. §9613(k), and Section 117,42
U.S.C. § 9617. The Remedial
Investigation Reports, Baseline Human
Health Risk Assessment Reports and the
Proposed Plans for OU Nos. 1 and 2
were released to the public on
November 18,1994. These documents
as well as other documents and
information EPA relied on or considered
in recommending that no further action
was necessary at these OUs were
compiled.for OU Nos. 1 and 2 and were
made available to the public on or
before November IB. 1994. Such
documents have been available to the
public in the three RSR Site information
repositories. The notice of the
availability of the Proposed Plan and
supporting documents was published in
The Dallas Morning News on November
14,1994. The public comment  period
was held from November 18,1994
through January 18,1995. A Public
meeting was held on December 1,1994,
to receive public comments from the
community. In addition, legal.and
technical representatives from EPA
participated in a radio talk show on
January 15,1995, to receive public
comments and answer questions from
citizens. Responses to all comments
received during the public comment
period are included in the
Responsiveness Summary  attached to
the RODs for OU Nos. 1 and 2.
  On May 9,1995, EPA issued a ROD
for OU No. 1 and a ROD for OU No. 2
presenting EPA's decisions that no
further action is necessary at OU Nos. 1
and 2 of the RSR Site in Dallas, Texas
for protection of human health and the
environment. EPA's decisions are based
on information contained in the final
Administrative Records for OU Nos. 1
and 2. The final Administrative Records
for the two OUs are available at the RSR
Site information repositories.
Current Status
  Based on the successful completion of
EPA's and DHA's removal actions and
the extensive investigations and risk
assessments performed for both OU No.
1 and OU No. 2, there are no further
response actions planned or scheduled
for these OUs. Pursuant to the NCP. a
five-year review will not need to be
performed at OU Nos. 1 and 2.
  While EPA does not believe that any
future response actions in OU Nos. 1
and 2 will be needed, if future
conditions warrant such action, the
proposed deletion areas of the RSR Site
remain eligible for future  Fund-financed
response actions. Furthermore, this
partial deletion does not alter the status
of OU Nos. 3,4, and 5 of the RSR Site
which are not proposed for deletion and
remain on the NPL.
  EPA, with concurrence from the State
of Texas, has determined  that all
appropriate CERCLA response actions
have been completed at OU Nos. 1 and
2 and protection of human health and
the environment has been achieved in
these areas. Therefore, EPA makes this
proposal to delete only OU Nos. 1 and
2 of the RSR Corporation  Superfund Site
from the NPL.
  Dated: March 25.1996.
A. Stanley Meibuig,
Acting Regioral Administrator, U.S.
Environmental Protection Agency, Region 6.

Appendix A—Docket Information

Deletion Docket—Notice of Intent for Partial
Deletion of the flSfl Corporation Superfund
Site. Dallas, Texas; Operable Units Not. 1
and 2 From the Superfu.td National Priorities
List
  • RSR Corporation Superfund Site
Administrative Record Index, Operable Unit
No. I.May9,1995.
  • RSR Corporation Superfund Site
Administrative Record Index, Operable Unit
No. 2, May 9.1995.
  • Concurrence letter dated January 8,1996,
from the State of Texas through the Texas
Natural Resource Conservation Commission
agreeing with EPA's proposal to delete OU
Nos. 1 and 2 of the RSR Site  from the
National Priorities List
  • Notice of Intent for Partial Deletion of
the RSR Corporation Superfund Site.
Operable Units Nos. 1 and 2, from the
National Priorities List

Appendix B—Site Coordinate

RSR Corporation Superfund Site, DoJIat,
Texas: Site Coordinate Boundaries
  The RSR Corporation Superfund Site
Operable Unit No. 1 is generally bounded by
the following longitude and  latitude
coordinate points:
1.96* 49" 14"
  32* 46' 09"
2. 96* 52*47"
  32* 44'58"
3. 96? 55'06"
  32* 44'58"
4. 96* 55'31"
  32»46'50"
5. 96* 54'20"
  32* 47' 43"
6. 96* 51'13"
  32* 47" 36"
7.96*49'30"
  32* 46' 44"
  The RSR Corporation Superfund Site
Operable Unit No. 2 is generally bounded by
the following longitude and latitude
coordinate points:
1.96* 51'23"
  32* 46' 40"
2. 96* 52' 25"
  32* 46'43"
3. 96'52'25"
  32* 47'33"
4.96* 51' 22"
  32* 47'31"
  The residential removal boundaries were
based on access agreements with the property
owners identified through City of Dallas
zoning maps that described the property
coordinates.

[FRDoc. 96-8818 Filed 4-10-96: 8:45 am)
MUJMO coot «a«o «o f
DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety
Administration

49 CFR Part 571
[Docket No. 95-097, Nolle* 01]

RIN 2127-AF90

Federal Motor Vehicle Safety
Standards; Lamps, Reflective Devices
and Associated Equipment

AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking.

SUMMARY: In this document, NHTSA
proposes to rescind the Federal motor
vehicle safety standard on headlamp
concealment devices and to transfer its
essential provisions to the safety
standard on lamps, reflective devices
and associated equipment. NHTSA
further proposes to simplify some of the
transferred provisions. This proposed
action is part of the President's
Regulatory Reinvention Initiative to
make regulations easier to understand
and to apply.
DATES: Comments are due June 10,1996.
ADDRESSES: Comments should refer to
the docket number and notice number
cited at the beginning of this notice, and
be submitted to: Docket Section, Room
5109.400 Seventh Street-, SW.,
Washington, DC 20590 (Docket hours
are from 9:30 a.m. to 4 p.m.) It is
requested that 10 copies of the comment
be provided.
FOR FURTHER INFORMATION CONTACT: For
technical issues: Mr: Patrick Boyd,

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