422 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules

Pursuant to section 605(b) of the

Regulatory Flexibility Act, the

Environmental Protection Agency

certifies that this regulation will not

have a significant impact on a

substantial number of small entities (see

above discussion).

Paperwork Reduction Act

Today’s rule places no additional

information collection or recordkeeping

burden on respondents. Therefore, an

information collection request has not

been prepared and submitted to the

Office of Management and Budget under

the Paperwork Reduction Act (44 U.S.C.

3501 et seq.). Information collection

activities for Clean Water Act section

404 permits are conducted under the

U.S. Army Corps of Engineers

information collection request number:

0710–003.

List of Subjects in 40 CFR Part 230

Environmental protection, Dredged

material, Water pollution control,

Wetlands.

Dated: December 23, 1994.

Carol M. Browner,

Administrator, Environmental Protection

Agency.

Accordingly, 40 CFR part 230 is

proposed to be amended as follows:

PART 230—SECTION 404(b)(1)

GUIDELINES FOR SPECIFICATION OF

DISPOSAL SITES FOR DREDGED OR

FILL MATERIAL

1. The authority citation for part 230

continues to read as follows:

Authority: Secs. 404(b) and 501(a) of the

Clean Water Act of 1977 (33 U.S.C. 1344(b)

and 1361(a)).

2. Section 230.3 is amended by

adding paragraph (u) to read as follows:

§ 230.3 Definitions.

* * * * *

(u) The term reference sediment

means a sediment that reflects the

conditions at the disposal site had no

dredged material disposal ever occurred

there. Reference sediment serves as a

point of comparison to identify

potential environmental effects of a

discharge of dredged material. Reference

sediment shall be collected taking into

account the following considerations:

(1) To obtain physical characteristics,

including grain size, as similar as

practicable as the dredged material

proposed for discharge,

(2) To avoid areas in the immediate

vicinity of, including depositional zones

of, spills, outfalls, or other significant

sources of contaminants, and

(3) To be as close as practicable to,

and subject to the same hydrologic

influences as, the disposal site, but

removed from areas which are subject to

sediment migration of previous dredged

material discharges.

If existing information that provides an

easy-to-interpret indication of the

presence of bioavailable contaminants

in the reference sediment and in the

sediment from the disposal site

waterbody is not available, sediment

testing (e.g., toxicity testing) is

necessary to ensure that the reference

sediment accurately reflects the

conditions of the sediment from the

disposal site waterbody.

3. Section 230.61 is amended by

revising paragraph (c)(1) and the first

sentence of paragraph (c)(2) to read as

follows:

§ 230.61 Chemical, biological, and

physical evaluation and testing.

* * * * *

(c) * * *

(1) When an inventory of the total

concentration of contaminants would be

of value in comparing sediment at the

dredging site with sediment at the

disposal site, the permitting authority

may require sediment chemical

analysis. Markedly different

concentrations of contaminants between

the material from the excavation site

and the reference sediment (§ 230.3(u))

may aid in making an environmental

assessment of the proposed disposal

operation. Such differences should be

interpreted in terms of the potential for

harm as supported by any pertinent

scientific literature.

(2) When an analysis of biological

community structure will be of value to

assess the potential for adverse

environmental impact at the proposed

disposal site, a comparison of the

biological characteristics between the

material from the excavation site and

the reference sediment (§ 230.3(u)) may

be required by the permitting authority.

* * *

* * * * *

[FR Doc. 95–00066 Filed 1–3–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5127–9]

Intent To Delete Crystal City Airport

Superfund Site, Crystal City, Zavala

County, Texas From the National

Priorities List

AGENCY: United States Environmental

Protection Agency.

ACTION: Intent to delete the Crystal City

Airport Superfund site from the

National Priorities List: request for

comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 6 announces its

intent to delete the Crystal City Airport

Superfund site from the National

Priorities List (NPL) and requests public

comment on this action. 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), as amended. EPA and

the State of Texas (Texas Natural

Resource Conservation Commission)

have determined that all appropriate

actions under CERCLA have been

implemented and that no further

cleanup is appropriate. Moreover, EPA

and the State have determined that

response activities conducted at the site

to date have been protective of public

health, welfare, and the environment.

DATES: Comments concerning this site

may be submitted on or before January

30, 1995.

ADDRESSES: Comments may be mailed

to: Ms. Olivia Rodriguez, Community

Relations Coordinator, U.S. EPA, Region

6 (6H–MC), 1445 Ross Avenue, Dallas,

Texas 75202–2733, (214) 665–6584 or

1–800–533–3508.

Comprehensive information on this

site is available through the EPA Region

6 public docket, which is located at

EPA’s Region 6 library office and is

available for viewing from 8:00 a.m. to

5:00 p.m., Monday through Friday,

excluding holidays. The office address

is: U.S. EPA, Region 6, Library, 12th

Floor, 1445 Ross Avenue, Dallas, Texas

75202, (214) 665–6424 or 665–6427.

Background information from the

Regional public docket is available for

viewing at the Crystal City Airport

Superfund site information repositories

located at:

Crystal City Public Library, 101 E.

Dimmit, Crystal City, TX 78839.

Environmental Protection Agency,

Library, 12th Floor, 1445 Ross

Avenue, Dallas, Texas 75202.

Texas Natural Resource Conservation

Commission, 12118 North 1H–35,

Building D, Room 190, Austin, Texas

78753, (512) 239–2920.

FOR FURTHER INFORMATION CONTACT: Mr.

Ernest R. Franke, Remedial Project

Manager, U.S. Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Dallas, Texas 75202–2733, (214) 665–

8521 or 1–800–533–3508.
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules 423

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. History and Basis for Intended Site

Deletion

I. Introduction

The U.S. Environmental Protection

Agency (EPA) Region 6 announces its

intent to delete Crystal City Airport

Superfund site, Crystal City, Zavala

County, Texas, from the National

Priorities List (NPL), which constitutes

Appendix B of the National Oil and

Hazardous Substances Pollution

Contingency Plan, 40 CFR Part 300

(NCP), and requests comments on the

proposed deletion. EPA identifies sites

which appear to present a significant

risk to public health, welfare, or the

environment and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

financed by the Hazardous Substance

Superfund Response Trust Fund (Fund).

Pursuant to Section 300.425(e)(3) of the

NCP, a site deleted from the NPL

remains eligible for Fund-financed

remedial actions if conditions at the site

warrant such action.

EPA will accept comments

concerning this proposal for 30 days

after publication of this notice in the

Federal Register.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures EPA is

using for this action. Section IV

discusses the history of the site and

explains how it meets the deletion

criteria.

II. NPL Deletion Criteria

The NCP establishes criteria which

EPA references to delete sites from the

NPL. In accordance with 40 CFR Section

300.425(e)(1), sites may be deleted from

or recategorized on the NPL where no

further response is appropriate. In

making a determination to delete a site

from the NPL, EPA shall consider in

consultation with the state, whether any

of the following criteria have been met:

(i) Responsible parties or other

persons have implemented all

appropriate response actions required;

or

(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 the release poses no significant

threat to public health or the

environment and therefore, taking of

remedial measures is not appropriate.

Prior to deciding to delete a site from

the NPL, EPA must determine that the

remedy, or existing site conditions at

sites where no action is required, is

protective of public health, welfare and

the environment.

Deletion of a site from the NPL does

not preclude eligibility for subsequent

Fund-financed actions if future site

conditions warrant such actions.

Section 300.425(e)(3) of the NCP states

Fund-financed actions may be taken at

sites which are deleted from the NPL.

III. Deletion Procedures

Upon determination that at least one

criteria described in section

300.425(e)(1) is met, EPA may formally

begin deletion procedures. The

following procedures were used for the

proposed deletion of this site:

1. EPA Region 6 has recommended

deletion and prepared the relevant

documents.

2. The State of Texas has concurred

with the deletion decision.

3. Concurrent with this National

Notice of Intent to Delete, a notice will

be published in local newspapers and

will be distributed to appropriate

federal, state and local officials and

other interested parties. This local

notice announces a 30-day public

comment period on the deletion

package, which starts two weeks from

the date of the notice.

4. Region 6 has made all relevant

documents available in the Regional

office, local site and State of Texas

information repositories.

These procedures have been

completed for the Crystal City Airport

Superfund site. The Federal Register

notice and concurrent notice in the local

newspaper in the vicinity of the site

announce the initiation of a 30-day

public comment period and the

availability of the Notice of Intent to

Delete. The public is asked to comment

on EPA’s intention to delete the site

from the NPL; all critical documents

needed to evaluate EPA’s decision are

included in the information repositories

and deletion docket.

Upon completion of the 30-day public

comment period, EPA Region 6 will

evaluate these comments before the

final decision to delete. If necessary,

EPA Region 6 will prepare a

Responsiveness Summary to address

those concerns raised by the comments

received during the public comment

period. The responsiveness summary

will be made available to the public at

the information repositories. Members

of the public are welcome to contact

EPA Region 6 to obtain a copy of the

responsiveness summary when

available. If EPA still determines

deletion from the NPL is appropriate

after receiving public comments, a final

notice of deletion will be published in

the Federal Register. However, deletion

from the NPL will not occur until a

notice of deletion is published in the

Federal Register.

IV. History and Basis for Intended Site

Deletion

The following summary provides the

Agency’s rationale for deletion of the

Crystal City Airport Superfund site from

the NPL.

The Crystal City Airport (CCA)

Superfund site is located within the city

limits of Crystal City, Zavala County, in

the South-Central geographic area of

Texas. The population density in the

region is low and the economy is

principally comprised of agriculture, oil

and gas production. Crystal City is the

county seat of Zavala County with

approximately 8,000 residents from a

total county population of

approximately 11,500. The nearest

major population center is San Antonio,

located about 100 miles northeast of

Crystal City.

The CCA site is owned by the City of

Crystal City and encompasses

approximately 120 acres. Airport

facilities include: 3,550-foot asphalt

runway, an elevated tower equipped

with rotating beacon, a windsock, paved

taxiways, several buildings and

foundations. The land surrounding the

airport property has a variety of uses. A

closed municipal landfill, also owned

by the City of Crystal City, is located

directly adjacent to the northeast. To the

north, the land is used as pasture land.

Directly west of the site is a private

residential area and public housing

project. Southwest of the site is an

elementary school, high school and

associated athletic fields. South of the

site is a second residential area.

Southeast of the site is more agricultural

grazing land.

During World War II, the airport site

was owned and operated primarily for

housing persons detailed by the U.S.

Military. The U.S. Government deeded

the property to the city in 1949. The

City of Crystal City has operated the

facility as a municipal airport since

1949. Under lease arrangements with

Crystal City, several private companies

operated aerial pesticide application

businesses at CCA in the early 1950’s.

By 1982, pesticide application

operations were discontinued at the

airport and former aerial applicators

declared bankruptcy, abandoning

various equipment and numerous

deteriorated drums on site.

The Texas Department of Water

Resources (TDWR), the predecessor
424 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules

agency to both the Texas Water

Commission (TWC) and the Texas

Natural Resource Conservation

Commission (TNRCC), initiated a

preliminary site investigation on April

25, 1983, as requested by local officials

acting on behalf of concerned citizens.

On June 13 and June 23, 1983,

additional investigations were

conducted to characterize the type and

extent of contamination. At least 50

drums of various pesticides and

herbicides were observed and extensive

soil staining was indicative of poor

handling and transferring practices. An

Immediate Removal Action was

initiated by EPA on October 31, 1983.

This action focused on removal of the

most highly contaminated materials

consisting of approximately 40 cubic

yards of waste. Between 50–70 drums

were mixed with lime and capped with

clay and placed in two temporary

disposal cells onsite. This removal

action was structured to mitigate short

term risks and scheduled to be

incorporated into the permanent

remedial action at a later date. Further

followup inspections on December 15,

1983, February 14, 1984, and March 29,

1984 by the TWDR, EPA and Texas Air

Control Board resulted in an additional

removal action to further reduce shortterm risks posed by the site. In May

1984, an additional 19 drums were

transported for disposal to an offsite

permitted treatment, storage and

disposal facility. A fence was

constructed around the site to limit

public access and warning signs were

posted.

A Hazard Ranking System (HRS)

package for Crystal City Airport was

finalized in June 1984. The overall site

score was 32.26. EPA and TWC

(TNRCC), entered into a Cooperative

Agreement (CA) on September 28, 1995

for a state-lead Remedial Investigation

and Feasibility Study (RI/FS). The site

was proposed for the NPL on October 5,

1985. The site was formally placed on

the NPL on May 20, 1986. In June 1986,

TNRCC contracted Ebasco Services

Incorporated to perform the RI/FS.

Phase I of the RI fieldwork lasted from

September through October 1986; Phase

II fieldwork was conducted during

January and February 1987. The RI and

FS reports were finalized in June and

July 1987, respectively.

The Regional Administrator signed

the Record of Decision (ROD) for the

Crystal City Airport Superfund site on

September 29, 1987, selecting onsite

consolidation in a disposal cell with a

cap meeting requirements of regulations

promulgated under the Resource

Conservation and Recovery Act (RCRA).

This method was chosen to prevent

spread of contaminants. EPA selected a

remedy which eliminated the principal

threat posed by site conditions by

eliminating the possibility of human

exposure to contaminants of concern.

The funds to conduct Remedial

Design and Remedial Action (RD/RA)

were awarded by EPA to the State of

Texas on March 31, 1988 through a

Cooperative Agreement with TWC

(TNRCC). On June 14, 1988, TNRCC

entered into a contract with Ebasco

Services, the engineering firm which

conducted the RI/FS, to perform

Remedial Design work and prepare

detailed construction plans and

specifications for a bid package. The bid

package was completed and an

Invitation for Bids was issued on

January 31, 1989. Eleven qualified bids

were received, evaluated, and a contract

was awarded to the lowest qualified

bidder, Qualtec Incorporated. The

contract was executed by TNRCC on

April 21, 1989. Qualtec attempted to

mobilize onsite in June 1989, but was

denied entry by local officials. Due to

defiance to repeated requests for access

on behalf of Qualtec by both EPA and

TNRCC, a Section 104 Unilateral

Administrative Order under CERCLA

authority was issued to Crystal City by

EPA in November 1989, and TNRCC

issued a Notice to Proceed to Qualtec on

January 5, 1990. Qualtec began onsite

mobilization on February 5, 1990. The

following contract activities were

conducted during the 120-day contract

duration:

• construction of the consolidated

cell,

• excavation and consolidation of

contaminated material in the cell,

• verification monitoring,

• placement, compaction, grading,

and seeding of clean backfill,

• stormwater control,

• building decontamination, and

asphalt floor removal,

• demolition of building B–3,

• recontruction of airport facilities to

meet or exceed existing conditions

including replacement of asphalt floor

slabs with concrete and reconstruction

of taxiways in contaminated areas,

• construction of the RCRA cap over

the consolidation cell as specified by

contract documents,

• continuous air monitoring and dust

control,

• continuous health and safety and

quality assurance/quality control

operations,

• construction of a security fence

around the consolidated cell.

Pre-final inspections were held on

May 31, 1990 and June 6, 1990 to close

out site work. The Certificate of

Substantial Completion was issued July

3, 1990, signifying completion of all

work except the vegetative topcover

growth required by the contract

specifications. The final work product

acceptance occurred on September 25,

1990 after a joint TNRCC and EPA

inspection reflecting the vegetative

requirements had been met. The

Remedial Action (RA) Report was

finalized on May 23, 1991, and

approved by the Region 6 Hazardous

Waste Management Division Director on

June 6, 1991.

In December 1991 a site Close Out

Report was prepared in which EPA, in

consultation with the State of Texas

(TNRCC), determined all appropriate

response actions required to ensure the

protectiveness of human health and the

environment at the Crystal City Airport

had been implemented.

Pursuant to 40 CFR Section 300.510 of

the NCP, the State (TNRCC) has

assumed all responsibility for Operation

and maintenance (O&M) at this site.

TNRCC has implemented the EPA

approved O&M plan requiring analysis

of the city water well adjacent to the

airport. In addition, air sampling for

particulate arsenic and pesticides has

been conducted. Since inception of the

program in 1991, all samples taken to

date are below the detection limits for

all chemicals of concern.

The Agency for Toxic Substance and

Disease Registry (ATSDR) issued a Site

Review and Update (SRU) report for the

CCA site on February 18, 1994. The SRU

concluded ‘‘because contaminated soils

and drums have been enclosed in the

capped cell and other contaminated

materials have been removed to an

offsite hazardous waste landfill, the

potential for exposure to on-site

contaminants no longer exists.’’ No

further actions or evaluations were

recommended.

Hazardous substances encapsulated in

the cell on the site, however, are above

health-based levels that do not allow for

unlimited use of and unrestricted access

to the consolidation cell area. Therefore,

EPA will conduct a statutory five-year

review, schedule for February 1995 (five

years after the commencement of the

RA), pursuant to OSWER Directive

9355.7–02, ‘‘Structure and Components

of Five-Year Reviews.’’

Although the first five-year review has

not been completed at the site, EPA

believes it is appropriate to proceed

with site deletion. Based on the

successful encapsulation of hazardous

substances in the consolidation cell, the

results of O&M monitoring to date, and

ATSDR’s review, EPA has determined

the remedy is protective and no further

response action is necessary. This is

consistent with current EPA policy as
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules 425

discussed on page 66601 of the

December 24, 1991, Federal Register, 40

CFR Part 300 which states sites should

not be retained on the NPL which are

otherwise eligible to be deleted simply

because they haven’t had a five year

review. Of course, state-funded O&M

and EPA-funded five-year reviews will

continue in the future, but site deletion

should proceed since applicable

deletion criteria have been satisfied.

EPA, with concurrence of the State of

Texas, has determined all appropriate

Fund-financed responses under

CERCLA at the Crystal City Airport

Superfund site have been completed,

and no further cleanup by responsible

parties is appropriate. Moreover, EPA

and the State of Texas have determined

remedial actions conducted at the site to

date are protective of public health,

welfare, and the environment.

Dated: November 1, 1994.

Approved By:

Allyn Davis,

Regional Administrator.

• After Action Report, Crystal City

Airport Site, Environmental Protection

Agency, Region VI Emergency Response

Branch, June 1984.

• Hazard Ranking System package for

the Crystal City Airport Site,

Environmental Protection Agency,

Region VI, April 1984.

• Site Review and Update, Crystal

City Airport, Agency for Toxic

Substances and Disease Registry,

February 18, 1994.

• Health Assessment for the Crystal

City Airport Site, Agency for Toxic

Substances and Disease Registry, May

1988.

• Remedial Investigation, Final

Report, Crystal City Airport Site,

prepared by Ebasco Services

Incorporated for the Texas Water

Commission in cooperation with the

Environmental Protection Agency, June

1987.

• Feasibility Study, Final Report,

Crystal City Airport Site, prepared by

Ebasco Services Incorporated for the

Texas Water commission in cooperation

with the Environmental Protection

Agency, July 1987.

• Record of Decision, Crystal City

Airport Site, Environmental Protection

Agency, Region VI, September 28, 1987.

• Revised Community Relations Plan,

Jacobs Engineering Group Inc., August

1989.

• Remedial Design, Final Report,

Crystal City Airport Site, prepared by

Ebasco Services Incorporated for the

Texas Water Commission in cooperation

with the Environmental Protection

Agency, December 1988.

• Remedial Design, Bid

Specifications, Crystal City Airport Site,

prepared by Ebasco Services

Incorporated for the Texas Water

Commission in cooperation with the

Environmental Protection Agency,

December 1988.

• Operations and Maintenance Plan,

Crystal City Airport Site, Prepared by

Ebasco Services Incorporated for the

Texas Water Commission in cooperation

with the Environmental Protection

Agency, December 1988.

• Remedial Action Report, Crystal

City Airport Site, prepared by Ebasco

Services Incorporated for the Texas

Water Commission in cooperation with

the Environmental Protection Agency,

December 1990.

• First Operations and Maintenance

Quarterly Report, Crystal City Airport

Site, prepared by Ebasco Services

Incorporated for the Texas Water

Commission, December 17, 1990.

• Second Operations and

Maintenance Quarterly Report, Crystal

City Airport Site, prepared by Ebasco

Services Incorporated for the Texas

Water Commission, March 19, 1991.

• Third Operations and Maintenance

Quarterly Report, Crystal City Airport

Site, prepared by Ebasco Services

Incorporated for the Texas Water

Commission, July 9, 1991.

• Fourth Operations and Maintenance

Quarterly Report, Crystal City Airport

Site, prepared by Ebasco Services

Incorporated for the Texas Water

Commission, November 7, 1991.

• Superfund Site Close Out Report,

Crystal City Airport, Environmental

Protection Agency, Region 6, December

1991.

• Crystal City Airport Federal

Superfund Site, Quarterly State Funded

O & M Sampling and Inspection

Reports, Texas Natural Resource

Conservation Commission, November

1991 through June 1994.

• Cooperative Agreements:

Description No. Date

(1) Forward

Planning (FP).

V–006461–

01–7

5–14–86

(2) RI/FS ........... V–006461–

01–7

5–14–86

(3) FP (increase) V–006461–

01–9

3–31–87

(4) RI/FS (increase).V–006461–

01–9

3–31–87

(5) RD ............... V–006461–

01–13

3–31–88

(6) RD (transfer) V–006461–

01–M

3–06–91

(7) RA ................ V–006567–

01–0

12–29–88

(8) O&M ............ V–006567–

01–2

6–19–90

Other documents related to site

activities are also available for review in

the site repositories,

[FR Doc. 95–4 Filed 1–3–95; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on the 90-day Finding for the

Petition to List the Queen Charlotte

Goshawk as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Status Review; Reopening of

Comment Period.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) provides notice that

the comment period on the proposal is

reopened. The Queen Charlotte goshawk

(Accipiter gentilis laingi) is found in

forested areas of British Columbia and

southeast Alaska. All interested parties

are invited to submit comments

regarding this species’ status.

DATES: The comment period, which

originally closed November 25, 1994,

now closes February 9, 1995.

ADDRESSES: Data, information,

comments or questions concerning the

status of the petitioned species

described below should be submitted to

the Field Supervisor, U.S. Fish and

Wildlife Service, Ecological Services,

3000 Vintage Blvd., Suite 201, Juneau,

Alaska 99801. The petition, findings,

and supporting data are available for

public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: John

Lindell, Endangered Species Biologist

(see ADDRESSES above) (907)/586–7240).

SUPPLEMENTARY INFORMATION:

Background

The Queen Charlotte goshawk occurs

from Vancouver Island British

Columbia, Canada, northward through

insular British Columbia, insular and

adjacent mainland Alaska west of the

coastal mountain range, to the northern

portions of the Alexander Archipelago,

in southeast Alaska. The subspecies

may be endangered by past and planned

removal and fragmentation of mature

forest habitat by clearcut logging.

The comment period for the status

review originally closed on November