55742 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–8222–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List Update 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of deletion of the 

Nineteenth (19th) Avenue Landfill 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) announces the deletion of 

the Nineteenth (19th) Avenue Landfill 

Site (Site), located in Phoenix, Maricopa 

County, Arizona, from the National 

Priorities List (NPL). The NPL is 

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 and the State of Arizona have 

determined that the Site poses no 

significant threat to public health or the 

environment and, therefore, no further 

remedial measures pursuant to CERCLA 

are appropriate. 

DATES: Effective Date: September 25, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Nadia Hollan, Remedial Project 

Manager, Mail Code: SFD–8–2, U.S. 

EPA Region 9, 75 Hawthorne Street, San 

Francisco, California 94105–3901, 

hollan.nadia@epa.gov, (415) 972–3187 

OR 1–800–231–3075 (message line), or 

William DePaul, Remedial Project 

Manager, Arizona Department of 

Environmental Quality, 1110 West 

Washington Street, Phoenix Arizona, 

85007, depaul.william@azdeq.gov, (602) 

771–4654. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Nineteenth 

(19th) Avenue Landfill Site, Phoenix, 

Maricopa County, Arizona. 

A Notice of Intent to Delete for this 

Site was published in the Federal 

Register on August 14, 2006 (71 FR 

46429). The closing date for comments 

on the Notice of Intent to Delete was 

September 13, 2006. Two written 

comments were received; therefore EPA 

has prepared a Responsiveness 

Summary (See Appendix 1 below). In 

addition, EPA received a request from a 

community group representative to 

extend the public comment period. This 

is also addressed in the Responsiveness 

Summary. EPA has considered all 

public comments in its final decision to 

delete the Site from the NPL. 

EPA identifies sites that appear to 

present a significant risk to public 

health, welfare, or the environment and 

it maintains the NPL as the list of those 

sites. Any site deleted from the NPL 

remains eligible for Fund-financed 

remedial actions in the unlikely event 

that conditions at the site warrant such 

action. Section 300.425(e)(3) of the NCP 

states that Fund-financed actions may 

be taken at sites deleted from the NPL. 

Deletion of a site from the NPL does not 

affect responsible party liability or 

impede agency efforts to recover costs 

associated with response efforts. 

Appendix 1—Responsiveness Summary 

The Responsiveness Summary has 

been prepared to provide responses to 

comments submitted to EPA during the 

30-day public comment period 

regarding the Notice of Intent to Delete 

(71 FR 46429) for the 19th Avenue 

Landfill Superfund Site. The original 

comments are summarized below and 

available at http://www.regulations.gov, 

Docket ID No. EPA–HQ–SFUND–1983–

0002, with the support materials under 

document type ‘‘public submissions’’, 

and at the information repositories at 

the following addresses: Arizona 

Department of Environmental Quality 

Records Center, 1110 West Washington 

Street, Phoenix, Arizona 85007, (602) 

771–4380 or 1 (800) 234–5677, ext. 771–

4380, Hours: M–F 8:30 a.m.–4:30 p.m.; 

City of Phoenix Public Library, 

Government Documents Section, 1221 

North Central Avenue, Phoenix, Arizona 

85004, (602) 262–4636, Hours: M–Th 10 

a.m.–9 p.m., Fr&Sa 10 a.m.–6 p.m., Su 

12 p.m.–6 p.m.; and U.S. EPA 

Superfund Records Center, 95 

Hawthorne Street, San Francisco, 

California 94105, (415) 536–2000, 

Hours: M–F 8 a.m.–5 p.m. 

Summary of Comment #1, Letter from 

Stephen M. Brittle, President, Don’t 

Waste Arizona, Inc. (DWAZ): The 

majority of the comments are concerns 

regarding the impact of the Site to 

groundwater contamination. Mr. Brittle 

stated that the delisting ‘‘will remove 

the appropriate protections that the 

Superfund program is supposed to 

provide’’. Specifically, there is a 

concern that during the landfill cleanup 

in the 1990’s barrels of hazardous waste 

were left in the landfill and could 

ultimately leak, impacting groundwater 

in the future. There is also a concern 

regarding ‘‘plumes of chemical 

contamination moving off the landfill 

site’’ and DWAZ believes it has received 

conflicting information regarding the 

source of the contamination. It also 

appears to the group that EPA has 

allowed the plumes to migrate and fall 

below action levels rather than taking 

appropriate action to clean them up. 

Response to Comment #1: The landfill 

contains a variety of contaminants 

which have the potential to leach into 

the groundwater. Since removing all of 

the landfill contamination was not 

feasible, the EPA and ADEQ selected the 

remedy to include leaving the refuse in 

place, preventing the landfill from 

eroding during flood seasons with 

levees and a soil cap, and controlling 

the soil gas produced with a landfill gas 

collection and treatment system. The 

landfill cap also reduces infiltration of 

rainwater, which will reduce the 

potential for leaching. Also as part of 

the remedy, the City of Phoenix is 

required to monitor groundwater at the 

landfill in perpetuity, and required to 

implement a ‘‘groundwater contingency 

plan’’ should any constituent due to 

landfill contamination exceed action 

levels. This plan involves follow-up 

sampling to confirm the results, and an 

evaluation of remedial alternatives for 

groundwater cleanup should the 

contamination pose a threat to human 

health and the environment. The 

deletion does not affect this 

requirement, nor does it prevent EPA or 

ADEQ from requiring cleanup of 

groundwater should there be an impact 

in the future. As explained later in this 

response, EPA acknowledges that there 

are elevated levels of contaminants in 

the groundwater at the landfill, however 

it has been determined that the landfill 

is not a source of this contamination 

based on the review of monitoring data 

that has been collected quarterly for 

almost 20 years. 

Regarding the allegations of buried 

barrels, a letter was sent to ADEQ in 

August 1996, complaining that barrels 

were improperly handled. Potentially 

hazardous material was drained out of 

leaking drums, mixed with surrounding 

soil/debris, excavated and stored in rolloff containers, and then re-buried in the 

landfill. Therefore, the material was 

already taken out of the drums. The 

complaint gave rise to the question of 

whether the material was hazardous and 

whether it was handled appropriately, 

and this was investigated by ADEQ and 

EPA at the time. The conclusions of the 

investigation were provided by EPA to 

the complainant in February 1998. 

Regarding groundwater contamination 

in the area, only three constituents have 

ever exceeded action levels on multiple 

occasions in the landfill monitoring 

well network: 1,1-dichloroethylene (1,1- 

DCE), vinyl chloride, and arsenic. There 

is a known plume of 1,1-DCE moving 


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Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Rules and Regulations 55743 

under the landfill, however, EPA and 

ADEQ have determined that the 1,1-DCE 

plume is from an upgradient source, and 

that the 19th Avenue Landfill is not 

contributing (Assessment of Upgradient 

1,1-DCE for City of Phoenix 19th 

Avenue Landfill, Dames & Moore, 

November 1998). Vinyl chloride was 

detected above the action level in one of 

the monitoring wells and was also from 

off-site sources unrelated to the landfill. 

Vinyl chloride has not been above the 

action level since 2002 (19th Avenue 

Landfill Exceedence Report for Vinyl 

Chloride, URS, June 2002, and Response 

to Agency Comments to the June 2002 

Report, URS, April 2003). Arsenic has 

been detected above action levels in two 

of the on-site wells, however arsenic is 

below levels of concern outside the 

boundaries of the landfill. EPA and 

ADEQ determined that the source of the 

arsenic is not contamination from the 

landfill itself, but native arsenic present 

in the soils. The arsenic is being 

mobilized into groundwater over a small 

area due to the oxygen low conditions 

near the landfill. (Exceedence Report for 

Arsenic at Monitoring Well I–4, URS, 

December 2003, Technical 

Memorandum of Arsenic 

Concentrations in Groundwater Monitor 

Wells, Hugh Rieck, ADEQ, April 2004, 

and Exceedence Report for Arsenic at 

Monitoring Well I–4, URS, June 2006, 

reference arsenic report). Again, if in the 

future it is determined that groundwater 

is impacted by the landfill, the 

protections will remain in place to 

compel cleanup. The supporting 

information that is referenced above is 

available in the deletion docket and site 

repositories and can also be provided to 

DWAZ. 

Summary of Comment #2, Request 

from Michael Pops, President, 

Concerned Residents of South Phoenix: 

Mr. Pops contacted EPA and ADEQ by 

telephone with a request to extend the 

public comment period. He believed the 

community outreach EPA conducted 

regarding the notice was inadequate and 

requested that EPA and ADEQ conduct 

an outreach campaign to fully inform 

the affected community of the proposed 

action. He also was concerned with 

future use of the Site, and that the 

community would be unable to provide 

input or ensure that redevelopment 

plans would be acceptable to the 

community. 

Response to Comment #2: EPA 

decided not to extend the timeframe for 

comment on this action beyond the 

required 30 days. EPA believes there 

was adequate time for the community to 

raise significant concerns regarding the 

deletion, and that the deletion action 

itself will not impact the community’s 

ability to comment on issues regarding 

the Site. EPA had issued a fact sheet to 

the Site mailing list and published a 

notice in the local paper, The Arizona 

Republic. We will work with ADEQ and 

the City of Phoenix to update the 

Community Involvement Plan and add 

other local newspapers and community 

groups to the outreach strategy as 

suggested for future actions. The public 

will continue to have an opportunity to 

comment to ADEQ, the lead agency, on 

any actions or activities associated with 

the Site even after deletion, particularly 

during the statutory Five-Year Review 

process. 

Regarding future development at the 

Site, any plans would still need to 

follow all the applicable criteria under 

CERCLA and the NCP, and be protective 

of human health and the environment. 

In addition, the City of Phoenix filed a 

Declaration of Environmental Use 

Restriction on the property title in July 

2006, prohibiting residential use and 

ensuring a process by which no 

landowner will be allowed to interfere 

with the remedy. 

Summary of Comment #3, Letter from 

Karen O’Regan, City of Phoenix, 

Environmental Programs: This comment 

is in ‘‘support and concurrence’’ with 

the deletion action, and an expression of 

the commitment the City has to 

ensuring the remedy will be maintained 

and the groundwater monitored. The 

City will work with ADEQ on any 

‘‘viable reuse proposals’’. 

Response to Comment #3: EPA 

appreciates the concurrence, and ongoing commitment to ensure the remedy 

will be maintained. EPA encourages the 

City to consider community concerns 

regarding the Site in the future, 

particularly as associated with the 

issues expressed by the community 

during this public comment period, and 

any input that may be provided during 

additional community involvement 

activities. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 18, 2006. 

Laura Yoshii, 

Acting 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 1 of Appendix B to Part 300 

is amended under [Arizona] (‘‘AZ’’) by 

removing the entry for the Nineteenth 

Avenue Landfill site in Phoenix, 

Arizona. 

[FR Doc. 06–8175 Filed 9–22–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 4, 30, 31, 32, 52, 68, 71, 

91, 107, 108, 109, 126, 147, 150, 153, 

159, 160, 164, 176, and 197 

49 CFR Part 450 

[USCG–2006–25697] 

RIN 1625–ZA10 

Shipping and Transportation; 

Technical, Organizational, and 

Conforming Amendments 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive changes throughout Titles 

46 and 49 of the Code of Federal 

Regulations. The purpose of this rule is 

to make conforming amendments and 

technical corrections to Coast Guard 

navigation and navigable water 

regulations. This rule will have no 

substantive effect on the regulated 

public. 

DATES: This final rule is effective 

September 25, 2006. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2006–25697 and are 

available for inspection or copying at 

the Docket Management Facility, U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. You may also find this 

docket on the Internet at http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Ray Davis, Coast Guard, telephone 202–


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