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 ------- 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 ------- 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 ------- ATTACHMENT A Partial Deletion Policy Federal Register Notice ------- 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 ------- 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: ------- ATTACHMENTS Partial NPL Site Deletion Data Collection Form ------- 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 ------- 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. ------- 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. ------- 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. ------- '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 ------- 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 ------- 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 ------- 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 ------- ATTACHMENT C Sample Partial Deletion Map ------- 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 ------- ATTACHMENT D Example Partial Deletion NOID ------- 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 ------- 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 •§ ------- 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 ------- 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. ------- 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, ------- |