[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 510-515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1994-0001; FRL-9246-9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the AT&SF Albuquerque 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) proposes to 
delete, from the National Priority List (NPL), 40 CFR part 300, 
appendix B, 62 acres of the AT&SF Albuquerque Superfund Site (Site). 
The Site is located in Albuquerque, Bernalillo County, New Mexico. 
After this deletion, this 62 acres will no longer be part of the Site 
and only the 27 acres making up the southern half of the Site will 
remain a listed Superfund Site (see the Environmental Protection 
Easement and Declaration of Restrictive Covenants in the docket). The 
only contaminated medium that was identified on the northern 62 acres 
of the Site was soil. This soil was remediated so that the 
concentration levels of hazardous substances that remain are consistent 
with future industrial or commercial use. This notice of intent for 
partial deletion is being published by EPA with the concurrence of the 
State of New Mexico, through the New Mexico Environment Department 
(NMED), because EPA has determined that all appropriate response 
actions for this parcel under CERCLA, other than operation, 
maintenance, and five-year reviews, have been completed. However, this 
partial deletion does not preclude future actions under Superfund.

DATES: Comments must be received by February 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1994-0001, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow on-line instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#c4a7aba8b0b6a5adaaeaafa5b0b6adaaa584a1b4a5eaa3abb2"><span class="__cf_email__" data-cfemail="2a4945465e584b434404414b5e5843444b6a4f5a4b044d455c">[email protected]</span></a>.
    <bullet> Fax: 214-665-6660, Attention: Katrina Higgins-Coltrain.
    <bullet> Mail: Katrina Higgins-Coltrain, Remedial Project Manager, 
U.S. EPA Region 6 (6SF-RL), 1445 Ross Avenue, Dallas, TX 75202-2733.
    <bullet> Hand delivery: U.S. Environmental Protection Agency, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1994-0001. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://

[[Page 511]]

www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at:
    <bullet> U.S. EPA Region 6 Library, 7th Floor, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas 75202-2733, (214) 665-6424;
    <bullet> Albuquerque Public Library, Main Downtown Branch, 501 
Copper Avenue, NW., Albuquerque, New Mexico 87102, Contact: John 
Vittal; and,
    <bullet> New Mexico Environment Department, Harold Runnels 
Building, 1190 St. Francis Drive, Santa Fe, New Mexico 87505.

FOR FURTHER INFORMATION CONTACT: Katrina Higgins-Coltrain, Remedial 
Project Manager (RPM), U.S. EPA Region 6 (6SF-RL), 1445 Ross Avenue, 
Dallas, TX 75202-2733, (214) 665-8143 or 1-800-533-3508 
(<a href="/cdn-cgi/l/email-protection#e0838f8c949281898ece8b819492898e81a0859081ce878f96"><span class="__cf_email__" data-cfemail="781b17140c0a1911165613190c0a111619381d0819561f170e">[email protected]</span></a>).

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Partial Site Deletion

I. Introduction

    EPA Region 6 is publishing this notice of intent to delete the soil 
and ground water associated with the northern 62-acre parcel of the 
AT&SF Albuquerque Superfund Site (Site) from the NPL and requests 
public comment on this proposed action. The NPL constitutes Appendix B 
of 40 CFR part 300, which is the NCP, which EPA promulgated pursuant to 
section 105 of CERCLA of 1980, as amended. EPA maintains the NPL as the 
list of sites that appear to 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). This partial deletion of the 62-acre parcel of the 
AT&SF Albuquerque Superfund Site (EPA Site Identification number 
NMD980622864) is proposed in accordance with 40 CFR 300.425(e) and is 
consistent with the Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List. 60 FR 55466 (Nov. 1, 1995). As 
described in Sec.  300.425(e)(3) of the NCP, sites deleted from the NPL 
remain eligible for Fund-financed remedial actions if future conditions 
warrant such actions.
    EPA will accept comments concerning its proposal for partial 
deletion for thirty (30) days from the date of publication in the 
Federal Register.
    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 AT&SF Albuquerque Superfund 
Site and demonstrates how the northern 62-acre parcel meets the partial 
deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The remedial investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the northern 62-acre 
parcel of the Site:
    (1) EPA consulted with the State of New Mexico, through the NMED, 
prior to developing this notice of intent for partial deletion.
    (2) EPA has provided the state 30 working days for review of this 
notice prior to today's publication;
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate;
    (4) The State of New Mexico, through the NMED, concurred with the 
intent for partial deletion of the northern 62-acre parcel of the AT&SF 
Albuquerque Superfund Site from the NPL by letter dated November 4, 
2010;
    (5) Concurrently with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in the major local newspaper, Albuquerque Journal. The newspaper notice 
announces the 30-day public comment period concerning the notice of 
intent for partial deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    If comments are received on this document within the 30-day public 
comment period, EPA will evaluate and respond appropriately to the 
comments before making a final decision to partially delete the 
northern 62-acre parcel. If necessary, EPA will prepare a 
Responsiveness Summary to address any significant public comments 
received. After the public comment period, if EPA determines it is 
still appropriate to partially delete the northern 62-acre parcel of 
the AT&SF Albuquerque Superfund Site, the Regional Administrator will 
publish a

[[Page 512]]

final Notice of Partial Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and included 
in the Site information repositories listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 
northern 62-acre parcel of the AT&SF Albuquerque Superfund Site from 
the NPL.

Site Background and History

    The AT&SF Albuquerque Superfund Site (Site) is located at 3300 
Second Street, SW., in the South Valley area of the City of 
Albuquerque, Bernalillo County, New Mexico. It is the location of the 
former The Atchison, Topeka and Santa Fe Railway Company Tie Treating 
Plant (facility) where creosote and other compounds were used in the 
wood preservation process. The Burlington Northern and Santa Fe Railway 
Company (BNSF Railway), a successor railroad corporation to the 
Atchison, Topeka and Santa Fe Railway Company (AT&SF) and a wholly 
owned subsidiary of the Burlington Northern Santa Fe Corp., is the 
owner of the Site. Although, the Site encompasses approximately 89 
acres, the former treatment process area was primarily located on the 
southern 27-acre parcel, and the tie storage area was primarily located 
on the northern 62-acre parcel. A detailed map and coordinates of the 
northern 62-acre parcel (actual size is 62.6121 acres) is located in 
the deletion docket. The Site was proposed for inclusion on the EPA NPL 
October 14, 1992 [57 FR 47204] and made final on December 16, 1994 [59 
FR 65212, 65221 (December 16, 1994)]. The EPA Site Identification 
number is NMD980622864.
    The facility operated as a wood pressure treatment plant from March 
1908 to January 1972. The facility primarily used creosote and creosote 
petroleum mixtures for the manufacture of pressure treated wood 
products, including railroad cross ties, bridge ties, switch ties, 
bridge timbers, road crossing materials, bridge piling materials, 
lumber, stock pen posts and fence posts. From 1914 through 1926, some 
materials were treated with zinc chloride, followed by a creosote-
petroleum mixture. Additionally, documents from the 1950s and early 
1960s refer to experiments and small scale projects performed using 
solutions containing 2% to 10% pentachlorophenol. In 1972, the plant 
was totally dismantled, and the only physical feature remaining on-site 
was the wastewater reservoir/wastewater sump.
    The Site can be divided into five general areas of environmental 
impacts from the plant's former wood treating operations. The plant 
treatment process area covered approximately 27 acres of the facility 
and included four areas of environmental impact: The wood treatment 
area, the drip tracks, the wastewater reservoir, and the wastewater 
discharge ditch. The remaining area of environmental impact was the tie 
storage area which was located on the northern 62 acres. The northern 
62 acres is the area proposed for partial deletion; therefore, the 
following discussion pertains to actions taken on the northern 62-acre 
parcel.
    In 1996, three areas were excavated from the northern 62-acre tie 
storage area, and were backfilled with clean soil after confirmation 
testing.
    In 1987, approximately 25 acres of the northern 62-acre tie storage 
area were redeveloped for industrial purposes by BNSF. This 
redevelopment occurred when an auto unloading facility, with an 
associated intermodal ramp for unloading and loading containers and 
trailers on railcars, was built. It is an active facility currently in 
operation. The northern 62-acre parcel also includes an estimated 17- 
to 20-acre parcel under consideration for purchase by an industrial 
concrete distribution company (company). BNSF and the company retain an 
open dialogue regarding the potential parcel sale and redevelopment.

Remedial Investigation and Feasibility Study (RI/FS)

    The field investigation was considered a comprehensive approach 
that addressed the Site as one operable unit. From 1987 to 1999, five 
distinct phases of investigation were completed to define the extent of 
impact on soil and ground water. The field activities included sampling 
and characterization through geophysical surveys, hand auger, direct 
push, cone penetrometer, drill rig, ground water monitoring well 
installation (permanent and temporary), aquifer tests, and ground water 
modeling.
Ground Water Contamination
    The CERCLA RI/FS for the Site was conducted under an Administrative 
Order on Consent entered between the EPA and AT&SF (now BNSF) in 1994. 
The RI/FS was completed by TRC Environmental Corporation in 2001 for 
BNSF and was approved by the EPA. Among the findings of the RI/FS was 
the fact that most of the organic contamination found at the Site 
occurs as a dense non-aqueous phase liquid (DNAPL) containing organic 
compounds that slowly dissolve into the ground water and preferentially 
adsorb to soil particles in the aquifer matrix. The RI report indicates 
that DNAPL is present in the subsurface as either ``free phase'' or 
``residual phase''. The free phase is that portion of the DNAPL that 
can continue to migrate and sink into the aquifer, whereas the residual 
phase is that portion of the DNAPL that is trapped in pore spaces by 
capillary forces and cannot generally migrate as a separate liquid. 
Both occurrences of the DNAPL act as continuing sources of 
contamination to ground water. The RI estimated that there are between 
59,300 and 70,000 gallons of DNAPL associated with the southern 27-acre 
plant treatment process area and adjacent southern property. No 
identified DNAPL sources or related ground water contamination were 
identified in the three ground water zones underlying the northern 62-
acre parcel. Ground water contamination associated with the southern 
27-acre parcel is not expected to impact the ground water underlying 
the northern 62-acre parcel due to current ground water flow in the 
east-southeast direction and the placement of institutional controls 
restricting ground water extraction within the northern 62-acre parcel.
Soil Contamination
    As expected, the nature of contamination across the Site is fairly 
typical of a wood treating operation. These contaminants consist of 
polynuclear aromatic hydrocarbons. In addition, zinc contamination of 
the soil was identified in the process area. The RI estimated that the 
volume of contaminated soil was 5,600 cubic yards. Although the plant 
used pentachlorophenol in the 1960s, its use is not believed to be as 
significant as the use of other preservatives at the plant, as there 
have not been significant levels of associated 2,3,7,8-tetrachloro-
dibenzo-para-dioxin (TCDD or dioxin)

[[Page 513]]

detected in wastes present at the Site. As such, dioxin is not 
considered a contaminant of concern (COC) at this Site.
    The northern 62-acre parcel was used as the tie storage area. This 
area was where the treated ties were stored and allowed to dry. 
Releases to this area would be restricted largely to drippings from 
treated products. Creosote drippings would accumulate at locations 
where ties were repeatedly stacked, but these accumulations may tend to 
dry out between loads. With the advent of vapor drying in 1953, the 
amount of drippings was reduced to some extent.
    The tie storage area was investigated in two stages. However, prior 
to these stages, six shallow boreholes were hand augered to a depth of 
18 inches and a composite sample was collected and analyzed for 
semivolatile organics and arsenic. This was followed by a grid 
investigation of this area in October 1994, which included an 
additional 24 locations.
    Using a grid layout, 24 shallow hollow-stem auger boreholes were 
logged continuously to a depth of 5 feet. The first sample was 
collected from the first natural soil encountered below any fill 
material, usually at a depth of approximately 3 inches to 2 feet. If a 
clay or silt layer was encountered in the upper 2 feet of soil, a 
sample was collected from the top of this layer. Of the 24 sample 
locations, one sample was collected at each of 19 locations and two 
samples were collected at each of five locations. Results from the 24 
sample locations were compared to the Agency for Toxic Substances and 
Disease Registry (ATSDR) health-based concentrations for creosote 
constituents considered by ATSDR to be a potential threat to public 
health if exceeded. Three locations were identified with concentrations 
of one or more creosote constituents above the ATSDR health-based 
concentration. These health-based concentrations were being used as the 
screening comparison criteria at the time of the 62-acre tie storage 
area investigation because the preliminary remediation goal (PRG) of 8 
mg/kg benzo(a)pyrene (BAP) equivalent had not yet been derived. 
However, when the PRG was issued, the data from the 24 sample locations 
were reviewed and compared with the 8 mg/kg BAP equivalent PRG. This 
resulted in the identification of the same three areas of concern 
originally identified during the investigation. No additional sample 
locations exceeded the 8 mg/kg BAP equivalent PRG.
    Based upon the results of this first stage, the three areas of 
concern underwent a second investigation in March 1995. Using the 8 mg/
kg BAP equivalent PRG, the soil from areas with high concentrations of 
creosote constituents was excavated and stockpiled inside the southern 
27-acre fenced area to be managed as part of the soil remediation in 
July 1996. Depths of excavation ranged from 2 to 7 feet, and 
confirmation samples did not identify exceedances of the PRG of 8 mg/kg 
BAP equivalent. The highest BAP equivalent reported for soil was 0.572 
mg/kg, while the highest zinc concentration reported for soil was 55.6 
mg/kg.
    The removal of soil from the northern 62-acre tie storage area in 
1996 was motivated by BNSF's plans to expand its auto unloading 
facility. The future land use for this area was anticipated to be 
industrial. BNSF expected that the available land would be developed 
into a railroad switching yard and an expansion to the intermodal 
facility used for unloading automobiles from railcars. However, these 
plans for construction are no longer considered viable by BNSF.

Selected Remedy

    The Record of Decision (ROD) was signed on June 27, 2002. The 
principal threat and low-level threat wastes at the Site were to be 
addressed through in-situ solidification/stabilization and run-off/run-
on management for soil; an aggressive performance-based approach for 
remediation of contaminated ground water consisting of ground water 
restoration through pump and treat and DNAPL source removal with hot 
spot treatment; and institutional controls. Based on RI data and 
subsequent ground water sampling, ground water contamination was not 
identified under the northern 62-acre parcel. Therefore, the only 
medium of concern for the northern 62-acre parcel was soil. As such, 
only the soil remedial action objectives and associated cleanup levels 
selected in the ROD are presented here. [The ROD was later amended 
through an Explanation of Significant Differences; however, these 
changes did not effect the northern 62-acre parcel and were specific to 
the southern 27-acre parcel.] The selected cleanup levels for soil are 
7.8 mg/kg BAP equivalent based on an industrial/commercial use scenario 
and 200 mg/kg zinc based on an ecological scenario. The selected 
Remedial Action Objectives for soil included:
    <bullet> Prevent the ground water from being impacted above the 
maximum contaminant levels through transport of COCs from the 
unsaturated zone.
    <bullet> Prevent storm water runoff from areas that exceed any 
remediation goals.
    <bullet> Prevent the inhalation, ingestion, and dermal contact of 
contaminated soils for future on-site commercial/industrial/utility 
workers exposed to the soil.
    <bullet> Prevent contaminated soils from becoming airborne and 
leaving the Site as dust.
    <bullet> Prevent ecological receptors from being adversely impacted 
by on-site contamination.
    The selected remedial action (RA) would not result in the Site 
being available for unlimited use and unrestricted exposure because 
Site contaminants in the soil will only be addressed to levels 
protective of future industrial or commercial use. As specified in the 
ROD, five-year reviews as well as operation and maintenance and 
institutional controls (ICs) will be necessary for this RA, and will 
include both the 62- and 27-acre parcels.
    On February 27, 2008, an Environmental Protection Easement and 
Declaration of Restrictive Covenants was filed by BNSF, after approval 
by EPA and NMED, and recorded by the County Clerk of Bernalillo County, 
New Mexico. These ICs run with the land and restrict the use or 
development of the Site property and the use or development of ground 
water on or underlying the property. Specifically, the ICs prevent any 
use or development that would threaten or damage remedial components on 
the Site, which would include potential damage to the cap or underlying 
in-situ solidified/stabilized contaminated soil. Further, at least 30 
days prior to any development or property conveyance, the EPA and NMED 
shall be notified in writing. Further, any development within the 27-
acre southern parcel of the Site requires prior EPA review and written 
approval of development, along with certification that remediation 
goals have been met. Regardless of any development or property 
conveyance, BNSF's obligations under the Consent Decree for Site 
cleanup remain in effect, and the Site, including both the 27- and 62-
acre parcels, remains subject to inspections and five-year reviews.
    In addition to the Environmental Protection Easement and 
Declaration of Restrictive Covenants, the New Mexico Office of the 
State Engineer instituted a temporary IC in the form of a moratorium on 
new permits for ground water wells within a 200-ft buffer zone of the 
currently identified ground water plume surface area while remedial 
action is being performed. This moratorium was filed on January 29, 
2009, to protect human health and minimize interference with the ground 
water remediation activities taking place

[[Page 514]]

on the adjacent 27-acre parcel until all ground water remediation goals 
have been met. This moratorium will remain enforceable until ground 
water remedial action goals associated with the southern 27-acre parcel 
are met.
    Data collected during the RI, in conjunction with the excavation of 
soil from the three areas of concern within the northern 62-acre tie 
storage treatment area, indicate that the soil and ground water meet 
the cleanup levels established in the ROD. Although a PRG of 8 mg/kg 
BAP equivalent was used during the RI soil excavation, the RI data and 
subsequent confirmation sample results were compared with the ROD soil 
cleanup levels of 7.8 mg/kg BAP equivalent and 200 mg/kg zinc to ensure 
that the RI soil excavation met the soil cleanup levels in the ROD. The 
highest BAP equivalent reported for soil was 0.572 mg/kg, while the 
highest zinc concentration reported for soil was 55.6 mg/kg. These 
confirmation soil data results meet the ROD cleanup levels. No ground 
water contamination exceeding the ROD ground water cleanup levels for 
the northern 62-acre parcel was identified.
    Due to its proximity to the adjacent rail line, an estimated 17- to 
20-acre parcel of the northern 62-acre parcel is being considered for 
purchase from BNSF by an industrial concrete distribution company 
(company). In support of the redevelopment potential and ongoing sales 
negotiations, the company completed a characterization study of the 
parcel of interest in 2006 that included both ground water and soil 
sampling. Ground water data collected from four monitoring wells did 
not identify ground water contamination areas of concern; however, soil 
data did identify areas of concern.
    In response to the study's finding, BNSF conducted additional soil 
sampling and remediation activities in 2007. Soil data collected from 
the 17- to 20-acre parcel exceeded the soil cleanup levels identified 
in the ROD, and resulted in the excavation of soil and asphalt waste 
from the northern 62-acre parcel. The excavated material was stockpiled 
on the southern 27-acre fenced area for inclusion in the soil 
remediation action. Subsequent confirmation samples from excavated 
areas indicated that ROD soil cleanup levels were met. The highest BAP 
equivalent reported for soil was 7.4 mg/kg, and the highest zinc 
concentration reported for soil was 179 mg/kg.

Cleanup Goals

    The quality assurance/quality control (QA/QC) program for the Site 
was conducted in accordance with the work plans prepared to implement 
the RI and the RA construction activities. The EPA, in conjunction with 
NMED, conducted regular oversight throughout the implementation of the 
RI and remedial activities. Also, EPA and NMED reviewed and commented 
on all project plans and reports for the Site.
    The quality assurance project plan incorporated EPA and State 
comments and requirements. The EPA and NMED reviewed the RI excavation 
work, confirmation sample collection, and data analysis completed in 
1996. The EPA and NMED reviewed RA construction work completed on the 
62-acre parcel in 2007 for compliance with QA/QC protocols. The RI 
excavation activities at the Site were determined to be consistent with 
the RI work plans and construction practices, while the 2007 RA 
construction activities were determined to be consistent with the ROD, 
and remedial design and RA work plans and specifications. No deviations 
or non-adherence to QA/QC protocols or specifications were identified.
    All sampling equipment was properly maintained, inspected, and 
decontaminated as necessary during sampling events in accordance with 
instructions and protocols established in the field sampling plans and 
quality assurance project plans. The EPA analytical methods and 
contract laboratory program-like procedures and protocols were used for 
all confirmation and monitoring samples for soil using a private 
laboratory contracted by the potentially responsible party (PRP).
    Based on remedial, third party, and supplemental Site investigation 
results, soil excavation on the northern 62-acre parcel addressed all 
identified soil areas that exceeded the ROD soil cleanup levels of 7.8 
mg/kg BAP equivalent and 200 mg/kg zinc. All confirmation sampling 
results are below the established cleanup level of 7.8 mg/kg BAP 
equivalent and 200 mg/kg zinc indicating that all soil remedial action 
objectives have been met. The excavated areas were backfilled with 
suitable materials meeting Site-specific cleanup levels and graded for 
proper drainage. In addition, ground water data have not identified 
areas of ground water contamination beneath the northern 62-acre 
parcel. The required ICs for protection of human health and the 
environment were filed on the subject property restricting land and 
ground water use.

Operation and Maintenance and Institutional Controls

    Operation and maintenance actions for the northern 62-acre parcel 
of the Site proposed for partial deletion are limited. No treated soil 
repositories are located on this portion of the property and no ground 
water contamination plumes have been identified there. This portion of 
the property is currently fenced and partially reused as an auto 
unloading facility. The 62-acre parcel is under restricted land use 
(industrial only), and is under restricted ground water use controls 
which support ongoing remedial actions associated with the southern 27-
acre parcel. Site inspections to determine whether land and ground 
water use restrictions are being met and to confirm that the ICs remain 
in place will be conducted at a minimum of once per year.

Five-Year Review

    Since hazardous substances remain on-site at levels which do not 
allow unrestricted use and exposure, the Site's land and ground water 
use is restricted. The Site is subject to five-year reviews to ensure 
the continued protectiveness of the remedy consistent with section 
121(c) of CERCLA, 42 U.S.C. 9621(c), 40 CFR 300.430(f)(4)(ii), and the 
current guidance on Five-Year Reviews (EPA 540-R-01-007, OSWER No. 
9355.7-03B-P, Comprehensive Five-Year Review Guidance, June 2001). The 
NCP requires EPA to conduct statutory five-year reviews at sites where, 
upon attainment of ROD cleanup levels, hazardous substances remain on-
site at concentrations which do not allow for unlimited use and 
unrestricted exposure. Based on the five-year review results, EPA will 
determine whether human health and the environment continue to be 
adequately protected by the implemented remedy. The first five-year 
review will be completed no later than September 29, 2013.

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. Throughout the Site's history, the community has been 
interested and involved with Site activity. The EPA has kept the 
community and other interested parties updated on Site activities 
through informational meetings, fact sheets, and public meetings. 
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.
    In support of the partial deletion proposal, the EPA and NMED held 
an open house on October 14, 2010. The purpose of the meeting was to 
present and discuss the partial deletion

[[Page 515]]

proposal. A fact sheet on the proposal was also mailed to the 
community.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The NCP [40 CFR 300.425(e)] states that a site may be deleted from 
the NPL when no further response action is appropriate. EPA, in 
consultation with the State of New Mexico, has determined that all 
appropriate response actions under CERCLA for the northern 62-acre 
parcel of the AT&SF Albuquerque Superfund Site, other than operation, 
maintenance, and five-year reviews, have been implemented, and no 
further response action by the PRP is appropriate.

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.

    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.

    Dated: December 17, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-33109 Filed 1-4-11; 8:45 am]
BILLING CODE 6560-50-P


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