51266 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 4, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. Section 52.1670 is amended by 

adding an entry to end of table in 

paragraph (e) to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

Action/SIP element Applicable geographic or 

nonattainment area New York submittal date EPA approval date Explanation 

*******

2002 base year emissions inventory; 

2008 projection year emissions inventories; 

2008 motor vehicle emissions 

budgets used for planning purposes; 

2008 ozone reasonable further 

progress (RFP) plan; and 

2008 RFP Plan contingency 

measures. 

New York portion of the New 

York-Northern New JerseyLong Island 8-hour ozone nonattainment area.

2/8/2008 supplemented 

on 12/28/2009 and 1/26/2011 

August 18, 2011.

2002 base year emissions inventory.Poughkeepsie 8-hour ozone moderate nonattainment area.2/8/2008 supplemented 

on 12/28/2009 and 1/26/2011 

August 18, 2011.

2002 base year emissions inventory.State-wide .................................... 2/8/2008 supplemented 

on 12/28/2009 and 1/26/2011 

August 18, 2011.

■ 3. Section 52.1683 is amended by 

adding paragraph (l) to read as follows: 

§ 52.1683 Control Strategy: Ozone. 

* * * * * 

(l)(1) The following State 

Implementation Plan (SIP) elements are 

approved: The 2002 base year emissions 

inventory, the 2008 projection year 

emissions inventories, the 2008 motor 

vehicle emissions budgets used for 

planning purposes, the 2008 ozone 

reasonable further progress (RFP) plan, 

and the 2008 RFP Plan contingency 

measures as they apply to the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT 8-hour 

ozone moderate nonattainment area. 

These elements are included in the 

package entitled ‘‘New York SIP for 

Ozone-Attainment Demonstration for 

New York Metro Area,’’ dated February 

8, 2008 and supplemented on December 

28, 2009 and January 26, 2011. 

(2) The following SIP elements are 

approved: The 2002 base year emissions 

inventory for the Poughkeepsie 8-hour 

ozone moderate nonattainment area and 

the state-wide 2002 base year emissions 

inventory. These elements are included 

in a package entitled, ‘‘New York SIP for 

Ozone-Attainment Demonstration for 

Poughkeepsie, NY Area,’’ dated 

February 8, 2008 and supplemented on 

December 28, 2009 and January 26, 

2011. 

[FR Doc. 2011–21097 Filed 8–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL– 

9452–3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Barceloneta Landfill Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region II is publishing a 

direct final Notice of Deletion of the 

Barceloneta Landfill Superfund Site 

(Site), located in Florida Afuera, Puerto 

Rico, 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 an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the 

Commonwealth of Puerto Rico, through 

the Puerto Rico Environmental Quality 

Board, because EPA has determined that 

all appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This direct final deletion is 

effective October 3, 2011 unless EPA 

receives adverse comments by 

September 19, 2011. 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: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: Luis E. Santos, Remedial 

Project Manager, santos.luis@epa.gov. 

• Fax: 787–289–7104. 

• Mail: Luis E. Santos, Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region II, Caribbean 

Protection Division, Centro Europa 

Building, Suite 417, Ponce de Leo ́n 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 51267 

Ave., Stop 22, San Juan, Puerto Rico 

00907–4127. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region II, Caribbean 

Protection Division, Centro Europa 

Building, Suite 417, Ponce de Leo ́n 

Ave., Stop 22, San Juan, Puerto Rico 

00907–4127. 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–1983– 

0002. 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:// 

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 the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region II, Superfund Records Center, 

290 Broadway, 18th Floor, New York, 

NY 10007–1866, Phone: 212–637– 

4308, Hours: Monday to Friday from 

9 a.m. to 5 p.m. 

Or 

U.S. Environmental Protection Agency, 

Region II, Caribbean Environmental 

Protection Division, Centro Europa 

Building, Suite 417, 1492, Ponce de 

Leo ́n Ave., Stop 22, San Juan, Puerto 

Rico 00907–4127, Phone: (787) 977– 

5802, Hours: 8:30 a.m. to 4:30 p.m.— 

Monday through Friday (excluding 

holidays), Contact: Luis E. Santos. 

FOR FURTHER INFORMATION CONTACT: Luis 

E. Santos, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region II, telephone at (787) 977–5824; 

fax at 787–289–7104; or e-mail at 

santos.luis@epa.gov. 

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 II is publishing this direct 

final Notice of Deletion of the 

Barceloneta Landfill Superfund Site 

(Site), from the National Priorities List 

(NPL). The NPL constitutes Appendix B 

of 40 CFR part 300, which is the 

National Oil and Hazardous Substances 

Pollution Contingency Plan (NCP), 

which EPA promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (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). As described in 

300.425(e) (3) of the NCP, sites deleted 

from the NPL remain eligible for Fundfinanced remedial actions if future 

conditions warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective October 3, 2011 

unless EPA receives adverse comments 

by September 19, 2011. Along with this 

direct final Notice of Deletion, EPA is 

co-publishing a Notice of Intent to 

Delete in the ‘‘Proposed Rules’’ section 

of the Federal Register. If adverse 

comments are received within the 30- 

day public comment period on this 

deletion action, 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 Barceloneta Landfill 

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 

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 Site: 

(1) EPA consulted with the 

Commonwealth of Puerto Rico prior to 

mstockstill on DSK4VPTVN1PROD with RULES

51268 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 

developing this direct final Notice of 

Deletion and the Notice of Intent to 

Delete co-published today in the 

‘‘Proposed Rules’’ section of the Federal 

Register. 

(2) EPA has provided the state 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the Commonwealth, through the 

Puerto Rico Environmental Quality 

Board, has concurred on the 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 is being 

published in a major local newspaper, 

El Norte y Puerto Rico Daily Sun. 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 proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of 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 summary provides the 

Agency’s rationale for recommending 

deletion of the Barceloneta Landfill 

Superfund Site from the NPL: 

Site Background and History 

The Barceloneta Landfill, an inactive 

non-hazardous domestic and industrial 

waste disposal facility, is located in 

Barceloneta, Puerto Rico on the north 

coast of the island, approximately 20 

miles due west of San Juan. The Landfill 

is about 4.5 kilometers south of the 

Town of Barceloneta in Florida Afuera 

Ward. The property which contains the 

Barceloneta Landfill is approximately 

32.6 hectares (80.6 acres) in size and is 

owned by the Municipality of 

Barceloneta. The Landfill is surrounded 

by a tropical forest. The Quebrada 

Cimarrona, a tributary of the Rio Grande 

de Manatı ́, is located 0.8 kilometers 

north of the Landfill. A small residential 

area of approximately 150 residences in 

Barrio Bajura Adentro is located 

approximately one kilometer east of the 

Landfill. Approximately two kilometers 

north of the Landfill, in an area with 

more gentle topographic relief, there are 

a series of manufacturing facilities. The 

nearest village is Cruce Magueyes, 

located approximately two kilometers to 

north-west of the Landfill. The 

residences in the area of the Landfill are 

served by a public water supply system 

that uses ground water as a source. 

The property contained three surface 

depressions which were used for waste 

disposal. These waste disposal areas are 

known as the northern, southern, and 

southeastern disposal areas. Each 

disposal area was located in a 

depression or ‘‘sumidero’’ (sinkhole) 

that is surrounded by conical limestone 

hills referred to as ‘‘mogotes’’. The three 

waste disposal areas cover about 15 

acres. The northern disposal area is 

separated into two sections by an access 

road. The southern disposal area was 

also known as the Superfund disposal 

area or ‘‘El Superfondo’’. The northern 

and southern disposal areas were filled 

and inactive at the time of the 1996 

Record of Decision (ROD). The 

southeastern disposal area remained 

active until December 31, 1998. 

Although the southern disposal area 

was known as the Superfund disposal 

area, all three disposal areas are covered 

by the Superfund National Priorities 

List (NPL) site listing and were 

addressed under CERCLA. 

The Barceloneta Landfill is located in 

a belt of rugged karst topography that 

extends along the north coast from 30 

kilometers (19 miles) east of San Juan to 

the west of the island. In the vicinity of 

the Site, this belt is located from about 

one kilometer south of the coast to about 

20 kilometers (12 miles) inland. North 

(seaward) of this rugged karst region is 

a belt of relatively flat coastal plain 

sediments. South (landward), the rugged 

karst terrain transitions into the central 

mountainous core of the island. 

Features of this karst landscape include 

numerous sumideros, steep scarp cliffs 

on the mogotes and adjoining ridges 

which surround the sumideros, and a 

lack of surface streams or drainage 

features associated with individual 

sumideros. 

The Site is underlain by the northern 

limestone province of Puerto Rico 

which consists of blanket deposits, the 

Aymamon Limestone, the Aguada 

Limestone, the Cibao Formation, and 

the Lares Formation. Groundwater 

exists under unconfined conditions in 

the Aymamon and Aguada Limestones 

and under confined conditions in the 

Cibao and Lares Formations. 

Groundwater flow is to the north. 

Groundwater in this area of the 

northern province discharges to the Rio 

Grande de Manatı ́ (river) and the Cano 

Tiburones (wetlands) which are 2.7 

kilometers (1.7 miles) north of the Site. 

Groundwater also feeds the Ojo de 

Guillo spring located 1 kilometer (0.6 

miles) northeast of the Site. 

The property on which the 

Barceloneta Landfill is located was 

purchased by the Municipality of 

Barceloneta during the early 1970s. 

Preparation of the Site for landfill use 

began in April 1972, and the landfill 

operations commenced in August 1973. 

Reportedly, the Landfill was initially 

approved to receive both municipal and 

industrial waste, but was restricted to 

only municipal waste disposal in 1975. 

However, disposal of industrial wastes 

appears to have continued past 1975. 

Specific dates of active filling in each of 

the three disposal areas are difficult to 

determine given the lack of detailed 

record keeping. The Puerto Rico 

Environmental Quality Board (EQB) has 

information which indicates that the 

Landfill (all three disposal areas) was 

used in the late 1970’s for disposal of 

wastes which contained hazardous 

substances. Personnel from EQB and the 

Department of Health conducted 

numerous inspections of the Site and 

listed various violations. These 

violations included: Insufficient cover 

material; allowing refuse to burn; the 

presence of flies, rats and mosquitoes; 

allowing unlimited access to the 

Landfill; and, allowing people to inhabit 

structures in the Landfill. The Site was 

proposed for inclusion on the NPL in 

December 1982 (47 FR 58476), and was 

subsequently approved and listed as an 

NPL site in September 1983 (48 FR 

40658). No activities were conducted 

using EPA removal authority at this site. 

The site property consists mainly of 

forested areas which provide a habitat 

for various plant, insect and animal 

species. In order to protect the landfill 

cap, trees will not be allowed to grow 

on the capped area. However, grasses 

will be permitted to grow and it is 

expected that the landfill areas will be 

comparable to surrounding ecology. No 

reuse is planned for the site. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 51269 

Remedial Investigation/Feasibility 

Study 

In 1984, a Remedial Action Master 

Plan (RAMP) was prepared by an EPA 

contractor for the Site. Based on the 

RAMP, a Remedial Investigation and 

Feasibility Study (RI/FS) Work Plan was 

developed. In September 1990, Consent 

Order was signed in which ten Settling 

Defendents (SDs) agreed to perform the 

RI/FS for the Site. Pursuant to the Work 

Plan, sampling of subsurface soils, 

ground water and surface water was 

completed. The first phase of the RI was 

completed in 1992 and the second 

phase of the RI field work was 

completed in January 1994. A final RI 

report was received by EPA in March 

1995 and the streamlined Risk 

Assessment was completed in May 

1995. An abbreviated Final FS was 

conducted in accordance with EPA’s 

Presumptive Remedy approach and was 

received by EPA in September 1995. 

Consistent with EPA’s Presumptive 

Remedy approach, EPA conducted a 

streamlined baseline Risk Assessment 

by comparing the levels of contaminants 

in ground water to MCLs. These levels 

were exceeded, indicating that the 

Landfill is a source of contamination to 

the ground water and therefore remedial 

measures are necessary to protect 

human health and the environment. 

EPA’s Risk Assessment indicated that 

the levels of contaminants present in the 

ground water pose a relatively low longterm threat to the human health. 

However, if no action were to be taken 

with respect to the Landfill, the 

continued release of contaminants into 

ground water could potentially result in 

a greater risk at some point in the future. 

Therefore, based on the results of the 

Risk Assessment, it was determined that 

actual or threatened release of 

hazardous substances from this Site 

present a threat to public health, 

welfare, or the environment. 

Selected Remedy 

On July 5, 1996, the Regional 

Administrator signed a ROD. The 

following remedial action objectives 

were established for the Site: 

• To prevent direct contact with 

waste material; 

• To reduce or eliminate the potential 

for the Landfill disposal areas to release 

hazardous substances to ground water; 

• To reduce or eliminate the potential 

for migration of hazardous substances to 

ground water downgradient of the 

Landfill; 

• To prevent the migration of and 

control Landfill gas; and 

• To minimize any potential future 

impacts of hazardous substances that 

may migrate into environmental media. 

The major components of the selected 

remedy are as follow: 

• Installing a low permeability cover 

system for the three Landfill cells 

meeting the requirements of the RCRA 

Subtitle D and Puerto Rico’s Regulations 

Governing Landfill Closure. This cover 

system or landfill cap(s) will further 

reduce infiltration of precipitation water 

into the landfill and reduce leachate 

generation thus mitigating impacts to 

ground water. 

• Regrading the Site and installing 

storm water management improvements 

at the Site to reduce infiltration of storm 

water into the Landfill and reduce 

leachate generation. 

• Conducting long term ground water 

and surface water monitoring to 

evaluate the effectiveness of the cover 

system. It is anticipated that monitoring 

will be conducted on a quarterly basis 

for the first year, semi-annually for the 

next four years, and then annually. 

Monitoring will include the eight 

existing monitoring wells. Initially, the 

wells will be sampled for a broad 

parameter list. The list has been 

developed based on constituents 

detected above Safe Drinking Water Act 

Maximum Contaminant Levels in the 

Remedial Investigation and on the 

requirements of the RCRA Subtitle D 

and Puerto Rico’s Regulation Governing 

Landfill Closure (RMNHSW). After the 

first five years, the parameter list would 

be reviewed and those parameters not 

detected above standards would be 

omitted. The exact long term ground 

water monitoring program will be 

further defined remedial design (RD). 

• Conducting a landfill gas survey 

during predesign to determine the 

necessity of a landfill gas collection 

system. The appropriate type of system, 

if necessary, will be determined during 

RD. 

• Implementing a long term operation 

and maintenance program for the cover 

system which will include inspection of 

the system and provision for repair. 

• Recommending to appropriate 

authorities that institutional controls be 

emplaced. Institutional controls are 

recommended in order to protect the 

integrity of the landfill cover system and 

to reduce potential exposure to landfill 

contents. The institutional controls will 

include recommending that zoning 

restrictions be applied to the Site to 

limit future land use and recommending 

that a deed restriction be established to 

limit future land and ground-water use. 

• Installing a perimeter fence with 

signs to restrict access. 

• Reevaluating Site conditions at least 

once every five years to determine if a 

modification of the selected remedy is 

necessary. 

Response Actions 

A September 30, 1997 Consent Decree 

(CD) memorialized a settlement 

whereby ten parties agreed to 

implement the remedy which was 

selected in the ROD. The SDs hired 

M&S Ingenieria y Ciencia Asociados 

who prepared remedial design plans 

and specifications, which EPA approved 

on September 17, 1999. On December 

16, 1999, EPA approved the Remedial 

Action Work Plan and M&S Ingenieria 

y Ciencia Asociados as the Settling 

Defendants proposed a remedial action 

contractor. 

During the RD activities a new area of 

waste disposal was discovered at the 

Site outside the limits of the three waste 

cells delineated for closure in the ROD. 

The waste was located in a sinkhole 

which lies immediately to the east of the 

Superfund cell. In agreement with EPA 

& EQB, the SDs relocated this waste 

material and performed a clean closure. 

This waste was incorporated and 

capped with the waste in Superfund 

disposal area. 

The gas venting system was 

constructed on the Site. The gas venting 

system is monitored by the PRPs’ 

contractor and results reviewed by EPA. 

The system is functioning as intended 

and it is not a necessity landfill gas 

collection system. 

The groundwater monitoring program 

was developed during the RD phase: 

The system included the eight existing 

monitoring wells. It was determined 

that groundwater sampling would be 

conducted quarterly for the first year, 

semi-annually for the next four years, 

and then conducted annually. It was 

determined that the wells would be 

sampled for a broad parameter list 

developed based on constituents 

detected above MCLs and SDWS in the 

RI, RCRA Subtitle D requirements, and 

Puerto Rico’s Regulation Governing 

Landfill Closure. This initial list of 

parameters included: 

• Volatile Organic Compounds of 

Concern (VOCs). Only l,ldichloroethane was detected above 

MCLs during the RI. However, a more 

conservative approach that included the 

complete EPA Method Scan for volatile 

organic compounds was implemented. 

• Metals of Concern include mercury, 

chromium, manganese and nickel. 

These were detected above MCLs and 

SDWS during the RI. 

After the first five years, the 

parameter list would be reviewed and 

those parameters not detected above 

standards would be omitted; The O&M 

Plan, dated March 28, 2000, and 

approved by EPA, establishes the 

criteria used to reevaluate and modify 

mstockstill on DSK4VPTVN1PROD with RULES

51270 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 

the number of wells and list of 

parameters sampled. 

EPA approved early Remedial Actions 

to be carried out prior to the final 

approval of the Remedial Design Report. 

These activities included the excavation 

and stockpiling of clay and the 

excavation and relocation of waste from 

the discovered waste area. These 

activities were started on September 7, 

1999. The Remedial Action on-site 

construction started in January 24, 2000 

and was completed on August 30, 2000. 

On September 5, 2000, EPA and the 

State conducted a prefinal inspection 

and notified the Settling Defendants to 

proceed with the development of the 

draft Remedial Action (RA) Report. 

Punch list items identified during the 

prefinal inspection will be addressed in 

the final inspection. On September 27, 

2001, EPA approved the final RA 

Report. 

The Municipality of Barceloneta has 

implemented the Institutional Controls 

at the Site. The Institutional Controls 

including zoning restrictions and a deed 

restriction are in place. These controls 

were implemented at Barceloneta 

Landfill Deed on February 22, 2010. 

Cleanup Goals 

The ROD called for conducting longterm groundwater monitoring to 

evaluate the effectiveness of the cover 

system, ensure that the concentrations 

of contaminants in the groundwater are 

decreasing over time, and monitor the 

natural attenuation of contaminants 

within the plume. 

MW–3, has had only one parameter, 

1,1-dichloroethene, exceeding MCLs 

during the two years of monitoring. 

However, on two consecutive 

monitoring periods (March 2003 and 

October 2003), the results for 1,1- 

dichloroethene were non-detect and 4.9 

mg/l, respectively, and below the MCL 

of 7 mg/l. Based on the June 2004 

groundwater monitoring report for the 

Site and according to the criteria in the 

O&M Plan, on September 2004, 

groundwater monitoring was reduced to 

five of the original eight wells and to the 

following parameters: mercury, 

chromium, manganese and nickel. 

These five wells are currently sampled 

annually. Mercury and chromium are 

monitored to ensure that levels remain 

below MCLs. Chromium was identified 

below the MCLs for three consecutive 

monitoring events it was omitted from 

the parameter list according to the O&M 

Plan, dated March 28, 2000. Since the 

ROD was signed, the MCL and MCLG 

were remanded for nickel. As a result, 

EPA no longer has an enforceable legal 

limit for nickel in drinking water. 

Therefore, mercury, nickel and 

manganese contaminant concentrations 

are still monitoring but there is no MCL 

threshold. The remaining five wells 

(MW–1, MW–4, MW–6, MW–7 and 

MW–8) are currently sampled annually. 

Since 2004, the results of the Site 

Groundwater Analytical Results are 

summarized on a well by well basis 

below: 

• MW–1, the background well, had 

concentrations below MCLs and SDWS 

for manganese, mercury and nickel 

during the Spring 2011 sampling event. 

These results showed similar 

concentrations to the last annual 

sampling event in March 2010. 

• MW–4, located in the middle of the 

site, had concentrations of mercury 

below the MCL of 0.002 mg/L (0.00132 

mg/L) during the Spring 2011 sampling 

event. These concentrations have 

decreased since 2004. Manganese and 

nickel were below SDWS during this 

sampling event. 

• MW–6, a downgradient well, had 

concentrations of mercury below the 

MCL of 0.002 mg/L during the Spring 

2011 sampling event. These 

concentrations have been consistently 

below the MCL since 2004. Nickel was 

found at a concentration of 0.192 mg/L. 

Concentrations of nickel at this well 

continue to decrease compared to 

previous sampling events. Manganese 

was detected above the SDWS and 

shows concentrations similar to the 

March 2010 sampling event. 

• MW–7, a downgradient well, had 

concentrations of mercury, nickel and 

manganese below MCLs and SDWS. The 

last sampling event of March 2010 also 

showed concentrations similar to this 

sampling event. 

• MW–8, a downgradient well, had 

concentrations of mercury, nickel and 

manganese below MCLs and SDWS. The 

last two sampling events, October 2009 

and March 2010, show all parameters 

below MCLs and SDWS. 

In summary, all wells monitored at 

the site show contaminants below 

MCLs. Although nickel and manganese 

are present in groundwater, these 

contaminants do not have an 

enforceable MCL and will continue to 

be monitored. 

Operation and Maintenance 

Currently, five groundwater 

monitoring wells are sampled and 

analyzed on an annually basis for 

mercury, manganese and nickel, and the 

results are compared to the Maximum 

Contaminant Levels or Secondary 

Drinking Water Standards identified in 

the Record of Decision. The five 

groundwater monitoring wells are 

designated MW–1, MW–4, MW–6, MW– 

7 and MW–8 will continue to be 

monitored by annual inspections and 

the five-year review process. 

Five-Year Review 

Hazardous substances were not 

remediated to levels that would allow 

for unlimited use and unrestricted 

exposure, therefore the five-year review 

requirement of Section 121(c) of 

CERCLA, as amended, is applicable. On 

August 2005 and 2010 respectively, two 

five-year reviews (FYR) were conducted. 

In August 2010, the FYR concluded that 

the remedy at the Barceloneta Landfill 

currently protects human health and the 

environment in the short term because 

all remedy components are functioning 

as intended and institutional controls 

are in place to prevent exposure to 

contaminated groundwater. In order for 

the remedy to be protective in the long 

term, the O & M plan should be 

reviewed to ensure that the appropriate 

monitoring wells are being sampled and 

the correct analytes are being reported. 

Since the FYR was conducted, EPA 

requested the PRP to review the O & M 

plan to ensure that the appropriate 

monitoring wells are being sampled and 

the correct analytes are being reported. 

It was concluded that the correct 

monitoring wells are being sampled and 

the appropriate parameters are being 

evaluated and reported. However, 

because Chromium was identified 

below the MCL for three consecutive 

periods, it was omitted from the 

parameter list. The groundwater will 

continue to be monitored annually 

based on the criteria identified in the 

2000 O&M Plan. 

In addition, the ROD stated that 

surface water monitoring would be 

conducted. After the FYR was 

completed, it was concluded that 

surface water sampling would not be 

conducted because there was no surface 

waters present at the Site. The nearest 

surface water is the Ojo de Guillo, a 

spring located 1 kilometer (0.6 miles) 

northeast of the Site. Therefore, this 

recommendation was not implemented. 

The next FYR will be completed on or 

before August 30, 2015. 

Community Involvement 

Public participation activities for this 

Site have been satisfied as required in 

CERCLA sections 113(k) and 117, 42 

U.S.C. 9613(k) and 9617. Throughout 

the remedial process, EPA and the 

Puerto Rico Department of 

Environmental Quality have kept the 

public informed of the activities being 

conducted at the Site by way of public 

meetings, progress fact sheets, and the 

announcement through local newspaper 

advertisement on the availability of 

documents such as the RI/FS, Risk 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 51271 

Assessment, ROD, Proposed Plan and 

Five-Year Reviews. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

EPA has determined that this Site 

poses no significant threat to public 

health or the environment because the 

landfill has been capped, removing 

direct contact exposure (i.e., ingestion 

or dermal contact of soil) to the public. 

In addition, the Municipality of 

Barceloneta put in place deed 

restrictions for future land use and 

groundwater extraction. The potential 

impacts to the groundwater have been 

addressed and groundwater monitoring 

indicates MCLs are being met at the 

landfill unit boundary. Groundwater 

monitoring will continue to ensure 

groundwater protection continues to be 

achieved. 

V. Deletion Action 

The EPA, with concurrence of the 

Puerto Rico Environmental Quality 

Board, has determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, monitoring and five-year 

reviews have been completed. 

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. This 

action will be effective October 3, 2011 

unless EPA receives adverse comments 

by September 19, 2011. If adverse 

comments are received within the 30- 

day public comment period, 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. 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: August 8, 2011. 

Judith Enck, 

Regional Administrator, Region 2. 

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. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing Barceloneta 

Landfill’’, ‘‘Florida Afuera, PR’’. 

[FR Doc. 2011–21123 Filed 8–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[PS Docket No. 06–229; WT Docket 06–150; 

WP Docket 07–100; FCC 11–6] 

Implementing a Nationwide, 

Broadband, Interoperable Public 

Safety Network in the 700 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission adopts an initial set of 

rules necessary to ensure the 

development of a nationwide 

interoperable public safety broadband 

network. The establishment of a 

common air interface for 700 MHz 

public safety broadband networks will 

create a foundation for interoperability 

and provide a clear path for the 

deployment and evolution of the 

nationwide network. 

DATES: Effective: August 18, 2011, 

except § 90.1407(f) which contains 

information collections requirements 

that have not been approved by OMB. 

The Federal Communications 

Commission will publish a document in 

the Federal Register announcing the 

effective date. The incorporation by 

reference of certain publications listed 

in the rules is approved by the Director 

of the Federal Register as of August 18, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Manner, Federal 

Communications Commission, Public 

Safety and Homeland Security Bureau, 

445 12th Street, SW., Room 7–C761, 

Washington, DC 20554. Telephone: 

(202)–418–3619, e-mail: 

jennifer.manner@fcc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Third Report and Order, FCC 11–6, 

adopted January 25, 2011, and released 

January 26, 2011, the Commission 

adopted rules to promote development 

of a nationwide interoperable public 

safety broadband network. The 

Commission designated Long Term 

Evolution (LTE), in particular at least 

3GPP Standard, Evolved Universal 

Terrestrial Radio Access (E–UTRA) 

Release 8 (LTE) and associated Evolved 

Packet Core (EPC), as the common 

technology platform for the nationwide 

network. The Commission also required 

that public safety broadband network 

operators submit to the Public Safety 

and Homeland Security Bureau a 

certification that their networks support 

required LTE interfaces. The 

Commission also stayed certain Part 90 

rules that were designed to implement 

a mandatory public-private partnership 

that has not materialized. These rules 

include 47 CFR 90.1403(b)(1), (2), (3), 

(5), (8); 90.1405 through 90.1430; and 

90.1435. The Third Report and Order is 

available at http://www.fcc.gov/ 

Daily_Releases/Daily_Business/2011/ 

db0204/FCC–11–6A1.pdf. 

As required by the Regulatory 

Flexibility Act, the Commission certifies 

that the requirements of the Third 

Report and Order will not have a 

significant economic impact on a 

substantial number of small entities. 

The Third Report and Order contains 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. It will be submitted to the 

Office of Management and Budget 

(OMB) for review under Section 3507(d) 

of the PRA. OMB, the general public, 

and other Federal agencies are invited to 

comment on the new or modified 

information collection requirements 

contained in this proceeding. The 

Commission shall send a copy of the 

Third Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 90 

Administrative practice and 

procedure, Business and industry, Civil 

defense, Common carriers, 

Communications equipment, Emergency 

medical services, Incorporation by 

reference, Individuals with disabilities, 

Radio, Reporting and recordkeeping 

requirements. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

For the reasons discussed in the 

preamble, The Federal Communications 

Commission amends 47 CFR part 90 as 

follows: 

mstockstill on DSK4VPTVN1PROD with RULES