[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Rules and Regulations]
[Pages 7576-7579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3764]
[[Page 7575]]
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Part VI
Environmental Protection Agency
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40 CFR Part 300
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List; Final Rule and Proposed Rule
Federal Register / Vol. 67, No. 33 / Tuesday, February 19, 2002 /
Rules and Regulations
[[Page 7576]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7144-2]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Luke Air Force Base
Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is
publishing a direct final notice of deletion of the Luke Air Force Base
(AFB) Superfund Site (Site), located in Glendale, AZ from the National
Priorities List (NPL).
The NPL, promulgated pursuant to Section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final notice of deletion is being published by EPA with the
concurrence of the State of Arizona through the Arizona Department of
Environmental Quality (ADEQ) because EPA has determined that all
appropriate response actions under CERCLA have been completed and,
therefore, further remedial action pursuant to CERCLA is not
appropriate.
DATES: This direct final deletion will be effective April 22, 2002,
unless EPA receives adverse comments by March 21, 2002. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.
ADDRESSES: Comments may be mailed to: Xuan-Mai Tran, Remedial Project
Manager (RPM) (SFD-8-3), [email protected], U.S. EPA Region 9, 75
Hawthorne Street, San Francisco, CA USA 94105, 415-972-3002 or 1-800-
231-3075.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information
repositories located at: U.S. EPA Region 9 Superfund Record Center, 95
Hawthorne Street, San Francisco CA USA 94105, 415-536-2000 Monday
through Friday 8:00 a.m. to 5:00 p.m.; Glendale Public Library, 5959
West Brown Street, Glendale, AZ 85302, 623-930-3531; Arizona Department
of Environmental Quality, WPD/SPS/FPU Section/Federal Projects Unit,
3033 N. Central Ave., Phoenix, AZ 85012, 602-207-2300 or 1-800-234-
5677.
FOR FURTHER INFORMATION CONTACT: Xuan-Mai Tran, Remedial Project
Manager (SFD-8-3), [email protected], U.S. EPA Region 9, 75
Hawthorne Street, San Francisco, CA USA, 94105, 415-972-3002 or 1-800-
231-3075.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 9 is publishing this direct final notice of deletion of
the Luke AFB Superfund Site from the NPL.
The EPA identifies sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions if conditions
at a deleted site warrant such action.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective April 22, 2002, unless
EPA receives adverse comments by March 21, 2002, on this notice or the
parallel notice of intent to delete published in the Proposed Rules
section of today's Federal Register. If adverse comments are received
within the 30-day public comment period on this document or the Notice
of Intent to Delete, EPA will publish a timely withdrawal of this
Direct Final Notice of Deletion before the effective date of the
deletion and the deletion will not take effect. EPA will, as
appropriate, prepare a response to comments and continue with the
deletion process on the basis of the notice of intent to delete and the
comments already received. There will be no additional opportunity to
comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Luke AFB Superfund Site and
demonstrates how it meets the deletion criteria. Section V discusses
EPA's action to delete the Site from the NPL unless adverse comments
are received during the public comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a release from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) response under CERCLA has been implemented, and
no further response action by responsible parties is appropriate; or
iii. The remedial investigation has shown that the release poses
no significant threat to public health or the environment and,
therefore, the taking of remedial measures is not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site
be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. Whenever there is a significant release from
a site deleted from the NPL, the deleted site may be restored to the
NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) The EPA consulted with Arizona on the deletion of the Site
from the NPL prior to developing this direct final notice of
deletion.
(2) Arizona concurred with deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final
notice of deletion, a notice of the availability of the parallel
notice of intent to delete published today in the ``Proposed Rules''
section of the Federal Register is being published in a major local
newspaper of general circulation at or near the Site and is being
distributed to appropriate federal, state, and local government
officials and other interested parties; the newspaper notice
announces the 30-day public comment period concerning the notice of
intent to delete the Site from the NPL.
(4) The EPA placed copies of documents supporting the deletion
in the Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this notice or the companion notice of intent to
delete also published in today's Federal Register, EPA will publish
a timely notice of
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withdrawal of this direct final notice of deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the notice of intent to
delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Location
Luke AFB, an advanced fighter pilot training installation, covers
approximately 4,000 acres west of the Phoenix metropolitan area in
Glendale, Arizona.
Site History
Luke AFB is an active Air Force installation. Aircraft maintenance
and light industrial operations which support advanced flight training
missions have been in existence at Luke AFB since its inception in
1941. These activities generated potentially hazardous wastes such as
petroleum residues, cleaning solvents, and other related materials.
The central and western portions of Luke AFB include the runways,
aircraft operation, training, and maintenance facilities, and open
space. The eastern portion of the Base consists of a variety of
administrative offices, barracks, recreation centers, residential
housing, the Base hospital, and other commercial areas.
The site was listed on the National Priorities List on August 30,
1990. On September 27, 1990, the EPA, Arizona Department of
Environmental Quality (ADEQ), Arizona Department of Water Resources
(ADWR), and the United States Air Force (USAF) signed a Federal
Facilities Agreement (FFA) to establish the procedural framework for
conducting the required environmental investigations at Luke AFB.
Remedial Investigation and Feasibility Study (RI/FS)
To aid in the management of the remedial investigation/feasibility
study (RI/FS), the FFA parties divided the thirty-three potential
sources of contamination (PSCs) sites into two Operable Units, OU-1 and
OU-2. OU-1 included the investigation of the soils at twenty-five PSCs
and the Base-wide investigation of air, surface water, and groundwater
resources. OU-2 included the investigation of soils at eight PSCs sites
at which petroleum-related wastes were believed to have been disposed.
Record of Decision Findings
OU-1: The Record of Decision (ROD) for OU-1 was signed in May 1999.
This document was issued by EPA to set forth the results of the
investigation of the soils at twenty-five PSCs and the Base-wide
investigation of air, surface water, and groundwater resources:
Eight of those twenty-five PSCs (OT-01, OT-08, OT-09, DP-
24, SS-15, SS-16, ST-19, and OT-10) were classified as ``No Action''
because either: (1) data obtained during an extensive review of Base
records showed that hazardous materials or wastes were never handled or
disposed at these areas, (2) the PSCs contained underground storage
tanks and therefore were placed under the jurisdiction of the ADEQ
Underground Storage Tanks section, or (3) the PSCs were consolidated
with other PSCs. These eight PSCs did not require further action under
Superfund Authority.
Nine more of those twenty-five PSCs (SS-11, OT-12, SS-17,
SD-20, SD-21, SD-26, LF-37, SD-39, and OT-41) were also classified as
``No Action.'' These PSCs were evaluated initially in the Remedial
Investigation (RI) and in the Base-wide Risk Assessment, but remedial
actions were not developed for these PSCs because the risk assessment
showed that the risks were within or below the EPA's risk-based
remediation benchmarks for unrestricted use. These nine PSCs did not
require cleanup.
Five more PSCs (LF-03, FT-07E, DP-13, LF-14, and SD-38)
need institutional controls only. Institutional controls will serve to
maintain the current site conditions and will control the risks to
human health by prohibiting residential development and requiring
personal protective equipment in the case of excavation.
At the remaining three PSCs, EPA required the Air Force to conduct
remedial actions:
PSC RW-02 is the former 28-acre landfill located within
the Wastewater Treatment Plant (WWTP) annex area and is located
approximately two miles east of the main Base. This landfill served as
the main refuse disposal location for Luke AFB from 1953 to 1970.
Investigations concluded that concentrations of chemicals of concern
(COCs) identified for soil (BNAs, TRPH, metals) and groundwater (i.e.,
arsenic, lead) at RW-02 did not pose adverse health effects under
current land use scenarios (military/industrial).
However, within a portion of the PSC RW-02, a small quantity of
low-level radioactive electron tubes and radium dials were buried in a
concrete containment structure in 1956. The buried containment
structure is double-fenced and designated with signs warning of the
presence of radiological materials. Recent monitoring results indicate
that the soils surrounding the buried containment structure have not
been impacted and that surface measurements are comparable to
background levels. Although the investigations and Base-wide risk
assessment concluded that current risks from radionuclides are within
or below acceptable risks levels for current use, the presence of the
buried low-level radioactive containment structure would prevent
residential land use in the future. The remedial actions selected for
the structure include: long-term radiological monitoring, at least once
a year for the next 30 years, and perimeter fencing and other
institutional controls prohibiting residential development.
At PSC LF-25, the Northwest Landfill consists of an area formerly
used for landfilling along the southwest boundary of the Base, between
the west perimeter and the northwest runway. Portions of this landfill
are located immediately downrange of the Base skeet shooting range.
Lead and antimony were present in the surface soils in the form of
metal shot that was fired from the adjacent Base skeet shooting range.
Metal shot was remediated via mechanical sifting and gravimetric
separation, and metals recovery. Institutional controls were imposed
prohibiting residential development and requiring personal protective
equipment in the case of excavation.
PSC SS-42 was the Bulk Fuels Storage area where volatile
organic compounds and waste oil were detected constituents in
groundwater samples. The Air Force was required to conduct soil vapor
extraction (SVE) and five years of groundwater monitoring after the SVE
was completed. An initial soil confirmation sampling event was
conducted in June 1997. Post-remediation sampling was conducted in
January of 1999.
OU-2: The Record of Decision for OU-2 was signed in January 1994.
This document was issued by EPA to set forth the results of the
investigation of
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soils at eight PSCs at which petroleum-related wastes were believed to
have been disposed.
Six PSCs (OT-04, DP-05, FT-06, FT-07W, DP-22, and SD-40)
were classified as ``No Action'' because the OU-2 site-specific risk
assessment concluded that soil conditions did not represent a
significant hazard to human health or the environment.
At the other two PSCs, EPA required the Air Force to conduct
remedial actions:
PSC ST-18 (Facility 993) consists of a former liquid waste
storage facility located in the southern part of the Base. Capping,
surface controls, and monitoring the concrete cap were required as
remedies for PSC ST-18. Maintenance and inspection of the concrete cap
is an ongoing requirement. Also, groundwater monitoring will take place
during each five-year review.
PSC DP-23 (old surface impoundment west of Facility 999):
Excavation, soil composting, confirmation sampling, and on-site
disposal of impacted soils were required as remedies for this PSC.
Characterization of Risk
The Air Force conducted a baseline Base-wide risk assessment for
Luke AFB to evaluate risks associated with exposure to soils at each of
the OU-1 and OU-2 PSCs and a Base-wide evaluation of risks associated
with exposure to constituents detected in soil, groundwater, surface
water, sediment and air. The risk assessment was prepared based on the
analytical results of soil, sediment, surface water, and groundwater
collected as part of the RIs for OU-1 and OU-2 and related
investigations for the period 1989 through 1996. The methodology used
for the human health portion of the Base-wide risk assessment was
developed based on criteria established by the EPA for conducting risk
assessments at Superfund sites.
In addition to evaluating potential human health risks, an
ecological risk assessment was also performed. Based on the results of
the ecological risk assessment, it is unlikely site-related chemicals
of concern (COC) concentrations would propose a risk to ecological
receptors at Luke AFB. The selected remedies at Luke AFB are protective
of human health and the environment and exposure pathways that could
result in unacceptable risks are being controlled.
Response Actions and Cleanup Standards
OU-1:
Five PSCs (LF-03, FT-07E, DP-13, LF-14, and SD-38) need
institutional controls only. Institutional controls consist of a
Voluntary Environmental Mitigation Use Restrictions (VEMUR) and
constraints within the Base General Plan (BGP) that must be
implemented, maintained, and enforced to limit future residential
development. Depending on the specific site conditions, a variety of
different institutional controls may be used alone or combined to
provide the appropriate level of protection. Institutional controls
will serve to maintain the current site conditions and will control the
risks to human health by prohibiting residential development and
requiring personal protective equipment in the case of excavation. The
specific remedial components implemented were VEMURs, modifications to
the BGP, and development of an Institutional Control Plan (ICP).
PSC RW-02, Wastewater Treatment Annex Landfill: The Air
Force was required to conduct long-term (30-year) monitoring, install
fencing, and put in place institutional controls at the low-level
radioactive area. Perimeter fencing was installed around the low-level
radioactive area. Signs were attached to the fence to clearly indicate
that radioactive materials were present. Institutional controls include
a VEMUR, modifications to BGP, and development of an ICP to restrict
residential development.
PSC LF-25, Northwest Landfill: The Air Force was required
to conduct shot recovery activities which included mechanical sifting
of soil and gravimetric separation methods to reduce the concentration
of lead and antimony. Approximately 2,800 pounds of metal shot were
recovered from the site. Based on the results of the analysis after the
completion of the recovery process, lead and antimony were not detected
above their respective Arizona Soil Remediation Levels for residential
use standards of 400 mg/kg and 31 mg/kg respectively. Institutional
controls components included a VEMUR, modifications to BGP, and
development of an ICP to restrict residential development and to impose
restrictions while excavating in the area.
PSC SS-42, Bulk Fuels Storage: The Air Force was required
to install a SVE system that operated from August 1996 to November 1998
removing 66,586 gallons of total volatile hydrocarbons. Post-SVE
sampling showed that the subsurface soil was cleaned up to protective
levels using the Arizona Groundwater Protection Levels model. The ROD
requires that groundwater monitoring will be conducted annually upon
completion of the SVE for a minimum of five years. If petroleum-related
contaminants are not detectable in the groundwater during the
monitoring period, no additional groundwater monitoring will be
required. However, if conditions change during the monitoring period
and petroleum related contaminants are detected at concentrations above
the levels established in the ROD for groundwater, the need for
additional monitoring will be reexamined, and an alternative monitoring
program may be necessary. The first annual groundwater monitoring for
this site was completed on May 16, 2000. The analytical results
indicate that the groundwater did not contain total petroleum
hydrocarbons (TPH) or volatile organic compounds (VOCs) above the
levels established in the ROD or above laboratory detection limits. No
additional construction activities are required.
OU-2:
PSC ST-18: The contaminants of concern are TPH and VOCs.
The Air Force was required to install a concrete cap in 1987 as part of
the Resource Conservation and Recovery Act (RCRA) closure requirements.
There were no other construction activities associated with this
remedy. The Air Force was required to maintain and repair the concrete
cap as needed in accordance with the Air Force design guidance for
airfield pavement maintenance. The remedy also requires 30 years of
groundwater monitoring. The groundwater monitoring plan was developed
prior to EPA's CERCLA involvement. The plan is consistent with standard
EPA sampling and analytical protocols and provides data of known
quality. Groundwater sampling through 1999 indicates no quantifiable
concentrations of hazardous substances in the groundwater resources
above Federal and State drinking water standards. In addition to the
groundwater monitoring, a vadose-zone model, Multimed, was utilized to
determine the leaching effects of the chemicals of concern present at
their corresponding depths. It was determined that there would be
negligible impact to the groundwater from the waste left in place.
PSC DP-23, Old surface impoundment west of Facility 999:
The contaminants of concern are polynuclear aromatic hydrocarbons
(PAHs). The remedial actions required were excavation, soil composting
to respective Preliminary Remediation Goals (PRGs), on-site disposal,
and monitoring. Upon completion of soil composting activities, the
highest detected concentration of
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benzo(a)pyrene was 0.508 mg/kg which did not exceed its corresponding
PRG of 0.78 mg/kg. The standard was Region 9 Industrial PRGs. No other
PAHs were detected. The ROD did not require that institutional control
measures be implemented for this site. The BGP limits types of
activities, including residential development, in areas adjacent to the
runway. Since this site is adjacent to the runway, the BGP provides
restrictions against residential development, as long as the facility
remains an active military base.
The Luke AFB conducted a final PSCs inspection in August 1997.
Also, EPA and ADEQ conducted a final site inspection in April 2000 and
determined that the Air Force has constructed the remedy in accordance
with the requirements in the RODs for OU-1 and OU-2, and the Remedial
Action Work Plans. The Air Force completed all activities necessary to
achieve performance standards, and initiated activities necessary to
achieve site cleanup completion.
Operation and Maintenance
The final ICP dated December 15, 2000 provides specific
requirements for the establishment, implementation, and maintenance of
institutional controls at Luke AFB. Institutional controls are an
integral part of the remedial alternatives selected for Luke AFB. The
ICP was designed to facilitate training and education of all personnel
involved with the implementation and enforcement of the required
institutional controls. The ICP details the objectives and rationales
for establishing institutional controls and describes the procedures
that will be implemented to ensure that the required institutional
controls are enforced. The ICP also includes provisions for annual
reviews and updates of the BGP, thus ensuring regular checks and
balances are in place into the foreseeable future.
Ongoing monitoring is required at PSC RW-02 and PSC SS-42. The
requirements for monitoring at RW-02 are outlined in the November 2000
Long-Term Radiological Monitoring Plan. The requirements for monitoring
at PSC SS-42 included 5-years of groundwater monitoring and the details
are outlined in the November 2000 Long-Term Monitoring Plan. Also,
there are ongoing operations and maintenance requirements associated
with the selected remedial alternative for PSC ST-18. As per the OU-2
ROD, Luke AFB maintains and repairs the concrete cap as needed in
accordance with the Air Force design guidance for airfield pavement
maintenance. This guidance is contained in the Air Force technical
manual CEEDO-TR-77-44, Volume II, Section V, Guidelines for Determining
Maintenance and Repair Requirements. Once Luke AFB is delisted from the
NPL, ADEQ will continue the oversight on long-term activities at the
Base.
Five-Year Review
The CERCLA or Superfund requires a five-year review of all sites
with hazardous substances remaining above the health-based levels for
unrestricted use of the site. Pursuant to CERCLA 121 (c) and as
provided in the current guidance on five-year reviews, the AF, ADEQ,
and EPA will conduct statutory reviews at this site. The AF submitted
the Draft Final of the First Five Year Review (Report) on December 3,
2001. EPA agreed with the findings, conclusions, and recommendations
provided in the Report, and concurred with the AF that the remedies
remain protective of human health and the environment at Luke AFB. EPA
signed the concurrence letter on January 30, 2002. The AF is scheduled
to complete the next Five Year Review by January 2007.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repositories.
V. Deletion Action
The EPA, with concurrence of the State of Arizona, has determined
that all appropriate responses under CERCLA have been completed, and
that no further response actions, under CERCLA, other than O&M and
five-year reviews, are necessary. Therefore, EPA is deleting the Site
from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective April 22, 2002, unless
EPA receives adverse comments by March 21, 2002, on a parallel notice
of intent to delete published in the Proposed Rule section of today's
Federal Register. If adverse comments are received within the 30-day
public comment period on the proposal, EPA will publish a timely
withdrawal of this direct final notice of deletion before the effective
date of the deletion and it will not take effect, and EPA will prepare
a response to comments and continue with the deletion process on the
basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: February 6, 2002.
Wayne Nastri,
Regional Administrator, Region 9.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[AMENDED]
1. The authority citation for Part 300 continues to read as
follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
2. Table 2 of appendix B to part 300 is amended under Arizona
(``AZ'') by removing the site name ``Luke Air Force Base'' and the city
``Glendale.''
[FR Doc. 02-3764 Filed 2-15-02; 1:38 pm]
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