52074 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

The Federal Register published on

March 20, 1995 at 60 FR 14641,

announced a notice of policy statement

entitled ‘‘The National Priorities List for

Uncontrolled Hazardous Waste Sties;

Deletion Policy for Resource

Conservation and Recovery Act

Facilities’’. According to the notice, a

National Priorities List site may be

eligible for deletion based upon deferral

to RCRA corrective action authorities if

a site satisfies the following four

criteria:

1. If evaluated under EPA’s current

RCRA/NPL deferral policy, the site

would be eligible for deferral from

listing on the NPL.

2. The CERCLA site is currently being

addressed by RCRA corrective action

authorities under an existing

enforceable order or permit containing

corrective action provisions.

3. Response under RCRA is

progressing adequately.

4. Deletion would not disrupt an

ongoing CERCLA response action.

The first criterion requires that the

site meet requirements of eligibility for

RCRA/NPL deferral. The RCRA/NPL

deferral policy as cited in the March 20,

1995 Federal Register provides that

RCRA facilities subject to RCRA Subtitle

C corrective action requirements may be

deferred from listing on the NPL.

Monsanto’s Hazardous Waste Facility

Permit HW–074(S) contains HSWA

provisions for the investigation and

corrective action of releases from solid

waste management units and provides

conditions for corrective action of

contaminated groundwater. Thus, the

facility is and will be subject to Subpart

C corrective action requirements until

cleanup of contamination is complete.

The second criterion requires that the

site be addressed by RCRA corrective

action authorities under an existing

permit or order. Hazardous Waste

Facility Permit HW–074(S) was issued

to the Monsanto Company by the

Georgia EPD’s Hazardous Waste

Management Branch in August of 1989

and subsequently modified in

September of 1991 to incorporate the

corrective action of contaminated

groundwater resulting from the disposal

of the Arsenic trisulfide sludge in the

two onsite landfills. Requirements

stated within the corrective action

permit are consistent with the remedy

stated in the 1991 CERCLA Record of

Decision.

The third criterion evaluates whether

response under RCRA is progressing

adequately. This criterion is met with a

letter dated 27 May 1997 from Mr. Jim

Ussery, Program Manager of the Georgia

EPD’s Hazardous Waste Management

Branch to Mr. Mario Villamarzo of EPA.

The contents of the letter indicate that

corrective action has been effective in

remediating contamination and that

Monsanto has been very cooperative

and pro-active in meeting the

requirements of their corrective action

permit.

The fourth criterion evaluates

whether deletion of a site from the NPL

would disrupt an on-going CERCLA

response. The groundwater cleanup that

is occurring under CERCLA is

essentially the same as the RCRA

Corrective Action Program, therefore,

delisting would not disrupt any ongoing

CERCLA response action.

In summary, the Monsanto Superfund

site easily meets all the criteria for

deletion from the NPL based on RCRA

deferral. This site is being addressed

adequately under the Hazardous Waste

Facility Permit enforced by the Georgia

EPD. All parties involved approve of

this action (see attached Documentation

Record) which will have no adverse

affects to any ongoing groundwater

extraction or monitoring scheduled to

take place at the Monsanto Superfund

site. Since all waste has been removed

from the site, a five year review will not

be required in the future.

EPA, with concurrence of the Georgia

Environmental Protection Division, has

determined that all appropriate

response under the Comprehensive

Environmental Response Compensation

and Liability Act have been completed,

and that no further action by

responsible parties is necessary.

Therefore, EPA proposes to delete the

Site from the NPL and requests public

comments on the proposed deletion.

Dated: September 15, 1997.

Phyllis P. Harris,

Acting Regional Administrator, U.S.

Environmental Protection Agency, Region 4.

[FR Doc. 97–26193 Filed 10–3–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5898–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent for partial

deletion of the Prewitt Abandoned

Refinery Superfund Site from the

National Priorities List.

SUMMARY: The United States

Environmental Protection Agency

(‘‘EPA’’) Region 6 announces its intent

to delete the surface portion of the

Prewitt Abandoned Refinery Superfund

Site (‘‘Site’’) from the National Priorities

List (‘‘NPL’’) and requests public

comment on this action. The NPL

constitutes Appendix B to the National

Oil and Hazardous Substances Pollution

Contingency Plan (‘‘NCP’’), 40 CFR part

300, which EPA promulgated pursuant

to Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’). This partial deletion of the

Site is proposed in accordance with 40

CFR 300.425(e) and the Notice of Policy

Change: Partial Deletion of Sites Listed

on the National Priorities List. (60 FR

55466, November 1, 1995).

This proposal for partial deletion

pertains to the surface portion, which

includes all surface soils and former

separator area and does not pertain to

the subsurface portion (ground water

and subsurface soils) of the Site. The

subsurface portions of the Site will

remain on the NPL, and response

activities will continue at that portion.

The Responsible Parties have

implemented all appropriate response

actions required for the surface portion

of the Site. EPA bases its proposal to

delete this portion of the Site on the

determination by EPA, the State of New

Mexico, through the New Mexico

Environment Department (‘‘NMED’’)

and the Navajo Nation through the

Navajo Nation Superfund Office

(‘‘NSO’’), that all appropriate actions

under CERCLA have been implemented

to protect human health, welfare and

the environment for the surface portion

of the Site.

DATES: The EPA will accept comments

concerning its proposal for partial

deletion until November 5, 1997.

ADDRESSES: Comments may be mailed

to: Ms. Olivia Balandran, Community

Relations Coordinator, U.S. EPA, Region

6 (6SF–PO), 1445 Ross Avenue, Dallas,

Texas 75202–2733, 1–800–533–3508 or

(214) 665–6484.

Information Repositories:

Comprehensive information on the

Prewitt Abandoned Refinery Site as well

as information specific to this proposed

partial deletion is available for review at

EPA’s Region 6 office in Dallas, Texas.

The Administrative Records for Prewitt

Abandoned Refinery Site and the

Deletion Docket for this partial deletion

are maintained at the following Prewitt

Abandoned Refinery Site document/

information repositories:

U.S. EPA, Region 6, Library, 12th Floor

(6MD–II), 1445 Ross Avenue, Dallas,

Texas 75202–2733, (214) 665–6424 or
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52075

665–6427, Hours of Operation: M–F

8:00 a.m. to 4:30 p.m.

Prewitt Fire House, PO Box 472,

Prewitt, New Mexico 87045, (505)

876–4068.

New Mexico Environment Department ,

1190 St. Francis Dr., Santa Fe, New

Mexico 87502, (505) 827–2908, Hours

of Operation: M–F 8:30 a.m.–5:00

p.m.

Navajo Nation Superfund Office, 43

Crest Road, St. Michaels, AZ 86511,

(520) 871–6859, Hours of Operation:

M–F 8:00 a.m.–5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Ms. Monica Smith, Project Manager,

U.S. EPA, Region 6 (6SF–PB), 1445 Ross

Avenue, Dallas, Texas 75202–2733,

(214) 665–6780.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Partial Site Deletion

Appendix

A. Docket Information

B. Site Coordinates

I. Introduction

The USEPA Region 6 announces its

intent to delete a portion of the Prewitt

Abandoned Refinery Superfund Site

(‘‘Site’’) located in, Prewitt, McKinley

County, New Mexico from the NPL,

which constitutes Appendix B of the

NCP, 40 CFR Part 300, and requests

comments on this proposal. This

proposal for partial deletion pertains to

the surface portion of the Site, which

consists of all surface soils and the

former separator area. The Site is

bounded on the south by Interstate

Highway 40. Tracks owned and

operated by the Burlington Northern,

Santa Fe Railway run through the

northern part of the Site. Old U.S.

Highway 66 runs through the middle of

the Site.

The El Paso Natural Gas Company

(‘‘EPNG’’) and Atlantic Richfield

Company (‘‘ARCO’’) are the Responsible

Parties for this Site. The Responsible

Parties have implemented all

appropriate response actions required

for the surface portion of the Site. Based

on the completion of the response

actions for the surface portion of the

Site, on January 23, 1997, EPA notified

the Responsible Parties that the

Remedial Action for the surface soils

had been completed. EPA proposes to

delete the surface portion of the Site

because all appropriate CERCLA

response activities have been completed

for that portion of the Site. However,

response activities for the subsurface

portion of the Site are not yet complete;

thus, the subsurface portion of the Site

will remain on the NPL and is not the

subject of this partial deletion.

The NPL is a list maintained by EPA

of sites that EPA has determined have

the highest priority releases of

hazardous substances, pollutants, or

contaminants under the criteria

established by CERCLA and the

National Contingency Plan (NCP). Sites

on the NPL may be the subject of

remedial actions financed by the

Hazardous Substance Superfund

(‘‘Fund’’). Pursuant to 40 CFR

300.425(e) of the NCP, any site or

portion of a site deleted from the NPL

remains eligible for Fund-financed

remedial action if conditions at the site

warrant such action.

EPA will accept comments

concerning its intent for partial deletion

for thirty (30) days after publication of

this notice in the Federal Register, the

Gallup Independent, the Albuquerque

Journal, and the Navajo Times.

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 to protect public health or

the environment. In making such a

determination pursuant to § 300.425(e),

EPA will consider, in consultation with

the State, whether any of the following

criteria have been met:

Section 300.425(e)(1)(i). Responsible

parties or other persons have

implemented all appropriate response

actions required; or

Section 300.425(e)(1)(ii). All

appropriate Fund-financed response

under CERCLA has been implemented,

and no further response action by

responsible parties is appropriate; or

Section 300.425(e)(1)(iii). The

remedial investigation has shown that

the release poses no significant threat to

public health or the environment and,

therefore, taking of remedial measures is

not appropriate.

Deletion of a portion of a site from the

NPL does not preclude eligibility for

subsequent Fund-financed action at the

area deleted if future site conditions

warrant such action. Section

300.425(e)(3) of the NCP provides that

Fund-financed actions may be taken at

sites that have been deleted from the

NPL. A partial deletion of a site from the

NPL does not affect or impede EPA’s

ability to conduct CERCLA response

activities at areas not deleted and

remaining on the NPL. In addition,

deletion of a portion of a site from the

NPL does not affect the liability of

responsible parties or impede Agency

efforts to recover costs associated with

response efforts.

III. Deletion Procedures

Deletion of a portion of a site from the

NPL does not itself create, alter, or

revoke any person’s rights or

obligations. The NPL is designed

primarily for informational purposes

and to assist Agency management.

The following procedures were used

for the proposed deletion of the surface

portion of the Site:

(1) EPA has recommended the partial

deletion and has prepared the relevant

documents.

(2) The State of Mexico through

NMED concurred by letter dated

November 12, 1996, with this partial

deletion.

(3) The Navajo Nation through the

NSO concurred by letter dated March 4,

1997, with this partial deletion.

(4) Concurrent with this national

Notice of Intent for Partial Deletion, a

notice has been published in the Gallup

Independent, the Albuquerque Journal,

and Navajo Times which are major local

newspapers of general circulation and a

notice has been distributed to

appropriate Federal, State, and local

officials, and other interested parties.

These notices announce a thirty (30) day

public comment period on the deletion

package, which commences on the date

of publication of this notice in the

Federal Register and in the newspaper.

(5) EPA has made all relevant

documents available at the information

repositories listed above in this notice.

This Federal Register notice, and a

concurrent notice in the newspaper,

announce the initiation of a thirty (30)

day public comment period and the

availability of the Notice of Intent for

Partial Deletion. The public is asked to

comment on EPA’s proposal to delete

the surface portions of the Site from the

NPL. All critical documents needed to

evaluate EPA’s decision are included in

the Deletion Docket and are available for

review at the information repositories.

Upon completion of the thirty (30)

day public comment period, EPA will

evaluate all comments received before

issuing the final decision on the partial

deletion. EPA will prepare a

Responsiveness Summary for comments

received during the public comment

period and will address concerns

presented in the comments. The

Responsiveness Summary will be made

available to the public at the

information repositories listed above.

Members of the public are encouraged

to contact Ms. Smith at EPA Region 6

to obtain a copy of the Responsiveness

Summary. If, after review of all public
52076 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

comments, EPA determines that the

partial deletion from the NPL is

appropriate, EPA will publish a final

notice of partial deletion in the Federal

Register. Deletion of the surface portion

of the Site does not actually occur until

the final Notice of Partial Deletion is

published in the Federal Register.

IV. Basis for Intended Partial Site

Deletion

The following provides EPA’s

rationale for deletion of the surface

portion of the Site from the NPL and

EPA’s finding that the criteria in 40 CFR

300.425(e) are satisfied:

Background

The Prewitt Abandoned Refinery Site

once contained an abandoned crude oil

refinery. The Site occupies

approximately 70 acres located near the

town of Prewitt, New Mexico. The area

in which the Site is located is rural,

with a cluster of four homes about one

thousand feet east of the Site.

Contamination at the Site originated

from the refinery operations which

began in 1938 and ended in July 1957.

The contaminants of concern with

regard to the Site surface include, lead,

asbestos, benzo(a)pyrene,

benzo(a)anthracene, benzene, toluene,

xylene, and ethylbenzene. The main

processing units at the refinery were a

distillation plant, a thermal cracker, and

a reformer. Auxiliary facilities at the

refinery included crude storage tanks,

intermediate storage tanks, final product

storage tanks, product caustic washing

facilities, boilers, power generation

station, heaters, cooling towers,

receiving and loadout facilities; lead

additive stations; maintenance facilities,

laboratory facilities, and an office.

Crude oil was delivered to storage

tanks at the Site. From the crude oil

storage tanks the raw material was

pumped to the distillation tower where

various fractions were recovered from

various levels of the tower, based upon

boiling point .

Wastes spilled or disposed of at the

Site include leaded tank bottoms which

have been listed as a hazardous waste

by EPA in 40 CFR Part 261, pursuant to

its authority under Section 3001 of the

Resource Conservation and Recovery

Act (‘‘RCRA’’), 42 U.S.C. 6921, as

hazardous waste number K052, leaded

tank bottoms from the petroleum

refining industry. Other such RCRA

listed hazardous wastes, spilled or

disposed of at the Site, include slop

tank contents (KO49), primary separator

sludges (FO37), and secondary separator

sludges (FO38). These wastes exhibit

the characteristic of toxicity (T).

Material spilled or disposed of onto

surface soil at the Site includes high

concentrations of lead (RCRA hazardous

waste number D008) and asbestos. The

leaded tank bottoms, the slop, the

primary separator sludges, and the

secondary separator floats have been

disposed of or spilled onto the surface

and have contaminated the surface soils

at the Site. The leaded tank bottoms, the

slop tank contents, the primary

separator sludges, and the secondary

separator floats have also contaminated

the ground water beneath the Site by

leaching benzene, toluene,

ethylbenzene, and xylene (‘‘BTEX’’) and

lead into the subsurface area as pockets

of non-aqueous phase liquids (‘‘NAPL’’)

which in turn have leached BTEX into

the ground water as dissolved phase

BTEX. Chlorinated hydrocarbons,

including 1,2-dichloroethane, contained

in solvents disposed of at the Site have

leached into groundwater and appear in

concentrations above Maximum

Contaminant Levels (‘‘MCL’’)

established under the Safe Drinking

Water Act, 42 U.S.C. 300f-300j-26.

Wastes, including leaded tank

bottoms, the slop tank contents, the

primary separator sludges, and the

secondary separator floats, were

generally disposed at, or near, the point

of generation at the Site, and not in

designated waste management units.

Thus, waste materials known to have

been spilled, dumped and spread at the

Site including leaded tank bottoms, the

slop tank contents, the primary

separator sludges, and the secondary

separator floats, have become

intermingled with each other and with

the spills of petroleum products, also

known to have occurred.

Wastewaters at Prewitt were routinely

discharged into unlined, earthen ditches

throughout the refinery area. In addition

to accidental spills, these ditches are

known to have carried off-specification

petroleum products, hydrocarbon-laden

wastewaters such as those generated

from the cleaning of the distillation

unit, cooling tower overflow, tank

bottoms, and spent caustic materials

from the cleaning of gasoline. The

separator, into which many of these

ditches flowed, was a

compartmentalized concrete tank,

providing reduced flow conditions

which allowed the organics to float to

the surface of the material in the tank.

These organics were pumped off the

water surface and returned to the

process system. The water and heavier

primary separator sludges (RCRA listed

hazardous waste FO37) were drawn

from the bottom of the separator and

discharged into an arroyo leading to the

north edge of the Site and into an area

of the Site known as the North Pit.

Separator floats that passed through or

over the separator and onto Site soils are

listed as RCRA hazardous waste number

FO38.

An area located on the west side of

the Site, known as the West Pits area

was originally used as an emergency

relief system. During the early years of

operation, when a situation in the

processing plant arose that required a

process unit to be quickly shut down,

the contents of the unit were directed

through underground pipes to these

bermed areas in the West Pits for

containment. Analysis of aerial

photographs taken of the plant in 1958

indicates drainage, from spills or

disposal in the storage and process

areas, leading to the West Pits. This

material, spilled or disposed of at the

Site, included leaded tank bottoms, the

slop tank contents, the primary

separator sludges, and the secondary

separator floats. Shallow ground water

underlying the Site has been

contaminated with leachates from

materials spilled or disposed of at the

Site, including leaded tank bottoms,

slop tank contents, primary separator

sludges, and secondary separator floats.

BTEX from material spilled or disposed

of at the Site, including leaded tank

bottoms, slop tank contents, primary

separator sludges, and the secondary

separator floats has been transported

into the ground water. NAPL, including

this transported BTEX, has accumulated

on the ground water surface.

On June 24, 1988, EPA proposed to

add the Prewitt Abandoned Refinery

Site to the NPL of Superfund sites (53

FR 23988, 23998). The final listing was

published in the Federal Register on

August 30, 1990, (55 FR 33502, 33508).

Surface Response Actions

The Responsible Parties undertook a

Remedial Investigation (‘‘RI’’) and

Feasibility Study (‘‘FS’’) for the Site,

pursuant to CERCLA and the NCP, and

pursuant to an Administrative Order on

Consent (CERCLA Docket No. VI–06–

22–89). The RI was conducted in two

defined Phases during 1990 and 1991 to

determine the nature and extent of the

problem presented by the release of

contamination at the Site. Phase I was

the initial sampling and analysis phase.

The purpose of the Phase II activities

was to resolve outstanding issues and

fill data gaps remaining at the

conclusion of Phase I. During the RI,

contamination was detected in the

surface soils and the shallow ground

water. Utilizing the findings of the RI,

the FS was initiated to develop and

assess various remediation measures for

the areas of contamination at the Site.
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52077

Using the data gathered during the RI,

the Responsible Parties conducted a risk

assessment to characterize the existing

and potential threats to human health

and the environment that could have

been posed by the contamination at the

Site under various possible exposure

scenarios including future residential

use of the property.

As part of the RI, a baseline risk

assessment was conducted for the Site.

This assessment indicated that, if not

addressed, contamination existing in the

surface soils and ground water at the

Site would pose unacceptable health

risks to persons living on the former

Site, if the Site was redeveloped for

residential purposes. Contaminants in

on-site waste ponds posed an additional

lifetime cancer risk of approximately

1.4×10¥3. Contaminants outside the

fence, but inside the Site, posed an

additional cancer risk of approximately

3.6×10¥3. The target additional cancer

risk range for Superfund actions is

1×10¥4 to 1×10¥6. The overall risk at

the Site was driven by ‘‘hotspots.’’

These ‘‘hotspots’’ contained

contaminant concentrations above

health-based action levels. These areas

were the areas which were targeted for

remediation. The vertical tank and

former office areas contained lead

hotspots, with concentrations of lead in

soil as high as 129,000 parts per million

(ppm). This concentration exceeded

both residential and industrial cleanup

standards. Lead concentrations ranged

from 3 to 129,000 ppm in soil samples

throughout the Site. Most lead

concentrations diminished to

background concentrations at soil

depths below 2 feet.

The baseline risk assessment also

indicated that the additional cancer

risks associated with exposure to

surface soils at the Site are caused

primarily by Polynuclear Aromatic

Hydrocarbons (‘‘PAH’’) at or near the

ground surface, particularly:

• Benzo(a)pyrene

• Benzo(a)anthracene

• Benzo(b)fluoranthene

• Benzo(k)fluoranthene

The projected additional lifetime

cancer risk, assuming future residential

land use, posed by the PAHs in the soil

in the area outside the fence, inclusive

of the North Pit area and tarry areas

along the railroad track, was estimated

to be 6 X 10¥3.

Asbestos in soil had been observed at

and near the ground surface in the

central portion of the Site. An extensive

asbestos abatement program was

performed by the Responsible Parties in

1990. The abatement was conducted for

purposes of protecting workers during

RI field activities. Approximately 800

cubic yards of asbestos-containing soils

were removed from the Site and buried

in an off-site landfill permitted for the

disposal of asbestos. Upon completion

of the 1990 asbestos abatement, limited

amounts of asbestos-contaminated

materials remained in the Process and

Compressor areas of the Site.

In the risk assessment, an evaluation

of the risks associated with inhalation

exposure to contaminated wind-borne

particulates at the Site, again assuming

that the Site was developed for

residential use, was also performed. The

resulting additional carcinogenic risk

was calculated at less than 10¥7, below

the target additional risk range set in the

NCP.

Overall, contaminants of potential

concern found at the Site and identified

by the Risk Assessment represent

constituents common to materials

handled at petroleum refineries. The

contaminants were used in the risk

evaluation based upon their toxicity, the

frequency of detection, and the

concentrations found at the Site. The

contaminants that contribute most

significantly to human health risks at

the Site are: (1) for ground water: BTEX,

lead and 1, 2 dichloroethane; and (2) for

soils: lead, PAHs, and asbestos. Other

contaminants detected at the Site above

background concentrations included

chromium, beryllium, antimony,

mercury, nickel, and cadmium. Each of

these constituents were included in risk

calculations, but it was determined that

these other constituents do not

contribute significantly to carcinogenic

or noncarcinogenic health risks at the

concentration levels detected at the Site.

On September 30, 1992, based on the

results of these studies, EPA issued a

Record of Decision (‘‘ROD’’) for the

entire Site presenting EPA’s decision to

remediate the surface by: (1) excavation

and off-site disposal of lead

contaminated soils; (2) excavation and

off-site disposal of asbestos-containing

materials and soils; (3) excavation and

landfarming of hydrocarboncontaminated soils and sludges; and (4)

excavation and off-site disposal of the

separator and its contents. The ROD also

required that the subsurface be

remediated through soil vapor

extraction and ground water extraction

and reinjection.

All of the response actions at the

entire Site were conducted by the

Responsible Parties with oversight by

the EPA, NMED and the NSO.

Community Involvement

The requirements of CERCLA

Sections 113(k)(2)(B) (i) through (v) and

117, 42 U.S.C. §§ 9613(k)(2)(B) (i)

through (v) and 9617, were met during

the remedy selection process, as

illustrated in the following discussion.

A series of community interviews

near the Site was conducted prior to,

and upon, listing of the Site on the NPL.

Fact sheets summarizing the progress of

the RI/FS at the Site were mailed out in

September 1990 and July 1991. These

fact sheets were mailed out to all

individuals on the Site mailing list,

which has been continually updated as

Site activities progress.

The RI and FS Reports and the

Proposed Plan for the Prewitt

Abandoned Refinery Site were released

to the public on July 18, 1992. These

documents were made available to the

public in the Administrative Record and

the information repositories which are

maintained at the Prewitt Fire House,

Prewitt, New Mexico, at the New

Mexico Environment Department, Santa

Fe, New Mexico, the Navajo Superfund

Office in Window Rock, Arizona, and at

the EPA Region 6 Library in Dallas,

Texas. A summary of the Proposed Plan

and the notice of availability of these

documents and the Administrative

Record was published in the Gallup

Independent and Navajo Times

newspapers on July 16, 1992. EPA held

a public comment period regarding the

Proposed Plan, the RI and FS Reports,

as well as the Administrative Record

from July 18, 1992, through August 17,

1992. Due to a delay in delivering the

Administrative Record Files to the

Repositories, and due to a request for an

extension of the public comment period,

the public comment period was

extended to September 18, 1992. A

notice of the extension of the public

comment period was published in the

Gallup Independent on July 30, 1992,

and was announced at the July 29, 1992,

public meeting.

An informal Open House was held on

April 14, 1992, at the Prewitt Fire House

in Prewitt, New Mexico. At the Open

House, EPA informed the public that the

investigations regarding the Site were

completed and that a Proposed Plan

would be issued in the future.

Additionally, a public meeting was held

by EPA on July 29, 1992, at the Prewitt

Fire House. At the request of the Navajo

Nation’s Baca Chapter, a second Public

Meeting in English and Navajo was held

by EPA on September 3, 1992, at the

Baca Chapter House. Representatives

from EPA participated in this meeting

and answered questions about problems

at the Site and the remedial alternatives

under consideration. A response to the

comments received during this public

comment period, including those

expressed verbally at the public

meetings, was included in the
52078 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

Responsiveness Summary, which was

included as part of the ROD.

On September 30, 1992, EPA issued a

ROD for the Site, on which the State

gave its concurrence. The ROD

embodies EPA’s decision on the

remedial action for the entire Site. The

ROD presents the selected remedial

action for the Site, chosen in accordance

with CERCLA, as amended by

Superfund Amendments and

Reauthorization Act (SARA), and, to the

extent practicable, the NCP, 40 CFR part

300. The ROD is supported by an

administrative record that contains the

documents and information upon which

EPA based the selection of the response

action.

Current Status

Based on the Responsible Parties’

successful completion of: (1) excavation

and disposal of the lead-contaminated

soils and the asbestos-contaminated

materials and soils; (2) the disposal of

the separator and its contents; and (3)

the expedited landfarming of the

hydrocarbon-contaminated soils and

sludges, EPA has determined that no

further CERCLA actions are necessary to

address the surface of the Site for the

protection of human health and the

environment. On August 22, 1996, EPA

issued a Superfund Preliminary Site

Closeout Report documenting that

construction of the remedy for the

Prewitt Refinery Site was completed in

accordance with OSWER Directive

9320.2–09. Confirmation sampling

indicates that the remedial action goals

and objectives set forth in the ROD have

been met for the surface portion of the

Site.

While EPA does not believe that any

future response actions for the surface

portion of the Site will be needed, if

future conditions warrant such action,

the surface areas which EPA proposes to

delete from the NPL remain eligible for

future Fund-financed response actions.

Furthermore, this partial deletion does

not alter the status of the subsurface

portion of the Site which is not

proposed for deletion and remains on

the NPL.

EPA, with concurrence from the State

of New Mexico and the Navajo Nation,

has determined that all appropriate

CERCLA response actions have been

completed for the surface portion of the

Site, and that protection of human

health and the environment has been

achieved in the surface areas of the Site.

Therefore, EPA makes this proposal to

delete only the surface portion of the

Prewitt Abandoned Refinery Superfund

Site from the NPL.

Dated: July 7, 1997.

Lynda F. Carroll,

Acting Regional Administrator, U.S.

Environmental Protection Agency, Region 6.

Appendix A—Docket Information

Deletion Docket—Notice of Intent for

Partial Deletion of the Prewitt Abandoned

Refinery Superfund Site, Prewitt, New

Mexico, surface portion, from the Superfund

National Priorities List

• Prewitt Abandoned Refinery Superfund

Site Administrative Record Index: September

30, 1992.

• Unilateral Administrative Order Docket

Number 6–17–93 for the performance of the

Remedial Design and Remedial Action at the

Prewitt Abandoned Refinery Superfund Site:

May 14, 1994.

• Remedial Design and Specifications for

the surface remediation component: January

1995.

• Remedial Design for the landfarm:

October 1995.

• Remedial Action Work Plan: January

1996.

• Construction Completion Report: July

1996.

• Remedial Action Completion Report for

the surface remediation component: March

1996

• Superfund Preliminary Closeout Report:

August 22, 1996.

• Remedial Action Completion Report for

the landfarm: February 1997

• Concurrence letter dated November 12,

1996, from the State of New Mexico through

the New Mexico Environment Department

agreeing with EPA’s proposal to delete the

surface portion of the Site from the National

Priorities List.

• Concurrence letter dated March 4, 1997,

from the Navajo Nation through the Navajo

Nation Superfund Office agreeing with EPA’s

proposal to delete the surface portion of the

Site from the National Priorities List.

• Notice of Intent for Partial Deletion of

the surface portion of the Prewitt Abandoned

Refinery Superfund Site, surface portion

only, from the National Priorities List.

Appendix B—Site Coordinates

1. 35°26′ 55.30′′ North Latitude—

108°01′ 56.99′′ West Longitude

2. 35°26′ 45.62′′ North Latitude—

108°02′ 02.50′′ West Longitude

3. 35°25′ 33.05′′ North Latitude—

107°57′ 58.08′′ West Longitude

4. 35°25′ 07.99′′ North Latitude—

107°58′ 15.40′′ West Longitude

5. 35°26′ 49.34′′ North Latitude—

108°02′ 49.01′′ West Longitude

6. 35°26′ 29.31′′ North Latitude—

108°03′ 05.30′′ West Longitude

7. 35°25′ 24.04′′ North Latitude—

108°02′ 56.81′′ West Longitude

8. 35°24′ 47.46′′ North Latitude—

108°02′ 09.29′′ West Longitude

9. 35°23′ 49.20′′ North Latitude—

107°59′ 33.66′′ West Longitude

10. 35°25′ 10.10′′ North Latitude—

107°58′ 49.16′′ West Longitude

[FR Doc. 97–26185 Filed 10–3–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket No. 93–61, FCC 97–305]

Automatic Vehicle Monitoring Systems

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In the Further Notice of

Proposed Rule Making (‘‘FNPRM’’), the

Commission proposes rules and

procedures governing competitive

bidding for multilateration Location and

Monitoring Service (‘‘LMS’’)

frequencies.

DATES: Pursuant to applicable

procedures set forth in §§ 1.415 and

1.419 of the Commission’s rules, 47 CFR

1.415 and 1.419, interested parties may

file comments on or before November 5,

1997, and reply comments on or before

November 20, 1997.

ADDRESSES: To file formally in this

proceeding, interested parties must file

an original and four copies of all

comments, reply comments, and

supporting comments. If parties want

each Commissioner to receive a

personal copy of comments, an original

plus nine copies must be filed.

Comments and reply comments must be

sent to the Office of the Secretary,

Federal Communications Commission,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

David Furth or Linda Chang at (202)

418–0620.

SUPPLEMENTARY INFORMATION: This

summarizes the Commission’s Further

Notice of Proposed Rule Making in FCC

97–305, PR Docket No. 93–61, adopted

August 28, 1997, and released

September 16, 1997. The complete text

of this FNPRM is available for public

inspection and copying during normal

business hours in the FCC Dockets

Branch, Room 239, 1919 M Street N.W.,

Washington, D.C. 20036. The complete

text may be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036 (telephone

number: (202) 857–3800). Comments

and reply comments will be available

for public inspection during regular

business hours in the FCC Reference

Center of the Federal Communications

Commission, Room 239, 1919 M Street,

N.W., Washington, D.C. 20554.