Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules 19203

40 CFR Part 300

[FRL–5192–5]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List; Intent To

Delete Pesses Chemical Co., TX

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Pesses Chemical Company Site from the

National Priorities List: Request for

comments.

SUMMARY: The United States

Environmental Protection Agency (EPA)

Region 6 announces its intent to delete

the Pesses Chemical Company Site

(Site) from the National Priorities List

(NPL), 40 CFR part 300, Appendix B,

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), as amended. EPA and

the State of Texas, through the Texas

Natural Resource Conservation

Commission (TNRCC), 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: The EPA will accept comments

concerning its proposal to delete until

May 17, 1995.

ADDRESSES: Comments may be mailed

to: Ms. Olivia Rodriguez-Balandran,

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 the

Site is available for review at EPA’s

Region 6 office in Dallas, Texas. The

Administrative Record for this Site is

maintained in EPA’s Region 6 Library

and is available for viewing from 7:30

a.m. to 4:30 p.m., Monday through

Friday, excluding holidays. The address

for the Region 6 Library office is: U.S.

EPA, Region 6, Library, 12th Floor, 1445

Ross Avenue, Dallas, Texas 75202–2733,

(214) 665–6424 or 665–6427.

The Administrative Record also is

available for viewing at the Pesses

Chemical Company Site information

repositories located at:

Fort Worth Public Library, Seminary

South Branch, 501 East Bolt Street,

Fort Worth, Texas 76110, (817) 926–

0215.

Texas Natural Resource Conservation

Commission, 12118 North IH35,

Building D, Room 190, Austin, Texas

78753, (512) 239–2920.

Certain background information,

including EPA’s proposal to delete the

Site from the NPL and the basis for

EPA’s proposal, is available for viewing

at the following additional Pesses

Chemical Company Site information

repositories. A complete copy of the

Administrative Record is not

maintained at these locations:

City Secretary’s Office, Fort Worth City

Hall, 1000 Throckmorton, Fort Worth,

Texas 76102.

Fort Worth Central Library, 300 Taylor

Street, Fort Worth, Texas 76102.

Texas Christian University, Mary Couts

Burnett Library, 2800 University

Drive, Fort Worth, Texas 76109.

FOR FURTHER INFORMATION CONTACT: Mr.

Earl G. Hendrick, U.S. EPA, Region 6

(6H–SC), 1445 Ross Avenue, Dallas,

Texas 75202–2733, (214) 665–8519.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

The United States Environmental

Protection Agency (EPA) Region 6

announces its intent to delete the Pesses

Chemical Company Site, Fort Worth,

Tarrant County, Texas, (Site) from the

National Priorities List (NPL), which

constitutes Appendix B of the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part

300, and requests comments on this

deletion. The NPL is a list maintained

by EPA of sites that EPA has determined

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).

Pursuant to 40 CFR 300.425(e) of the

NCP, any site deleted from the NPL

remains eligible for Fund-financed

remedial actions if conditions at the site

warrant such action.

The EPA will accept comments

concerning its intent to delete for thirty

(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 that

EPA is using for this action. Section IV

discusses the history of the Site and

explains how the Site meets the deletion

criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency 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 § 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 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

provides that Fund-financed actions

may be taken at sites that have been

deleted from the NPL.

In addition, deletion 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 site from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations. The

NPL is designed primarily for

informational purposes and to assist

Agency management.

Upon determination that at least one

of the criteria described in § 300.425(e)

has been met, EPA may formally begin

deletion procedures. The following

procedures were used for the intended

deletion of the Site:

(1) EPA Region 6 has recommended

deletion and has prepared the relevant

documents.

(2) The State of Texas concurred by letter

dated June 2, 1994, with the deletion

decision.

(3) Concurrent with this National Notice of

Intent to Delete, a notice has been published

in local newspapers and has been distributed

to appropriate federal, state, and local

officials, and other interested parties. This

local notice announces a thirty (30) day

public comment period on the deletion

package, which starts with the publication of

this notice in the Federal Register.

(4) The Region has made all relevant

documents available in the Regional Office

and local Site and State of Texas information

repositories.
19204 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules

These procedures have been

completed for the Site. This Federal

Register notice, and a 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 proposal to delete the Site

from the NPL; all critical documents

needed to evaluate EPA’s decision are

included in the information repositories

and are included in the deletion docket.

Upon completion of the 30-day public

comment period, the EPA Regional

Office will evaluate these comments

before the final decision to delete. The

Region will prepare a Responsiveness

Summary, if necessary, which will

address concerns presented in the

comments received during the public

comment period. Any Responsiveness

Summary will be made available to the

public at the information repositories

listed previously. Members of the public

are welcome to contact the EPA

Regional Office to obtain a copy of the

Responsiveness Summary, if any. If EPA

still determines that deletion from the

NPL is appropriate after receiving

public comments, a final notice of

deletion will be published in the

Federal Register. The deletion of the

Site does not actually occur until the

Notice of Deletion is published in the

Federal Register.

IV. Basis for Intended Site Deletion

The following summary provides the

Agency’s rationale for deleting the

Pesses Chemical Company Site from the

NPL.

The Site is located at 2301 South

Main Street, Fort Worth, Tarrant

County, Texas. The Site is in a light

industrial and commercial area. The 4.2

acre Site was used to reclaim cadmium

and nickel from dry-cell batteries and

metal sludge. The Pesses Company,

under the name Pesses S’West,

conducted reclaiming activities from

approximately June 1979 until January

1981.

In April 1983, EPA removed 3,400

cubic yards of contaminated soil, metal

sludge, drummed material, and debris

from the Site and shipped the waste to

Chemical Waste Management, in Port

Arthur, Texas. The Site was proposed

for inclusion on the NPL on October 15,

1984, (49 FR 40320) with a score of

28.86, due mainly to the potential

migration of heavy metals via airborne

dust and surface water runoff from the

Site. The Site was finalized on the NPL

on June 10, 1986, (51 FR 21054). EPA

assigned the Texas Water Commission,

predecessor to the Texas Natural

Resource Conservation Commission

(TNRCC), as the lead agency for

remedial activities for the Site. The

Remedial Investigation/Feasibility

Study (RI/FS) was performed between

December 1987 and October 1988.

Although the imminent health threat

had been alleviated by the EPA

Emergency Response Team removal

action conducted in April 1983, the RI

determined that residual contamination

of cadmium and nickel in the soils (to

a depth of two to three feet over most

of the Site) and in the metal warehouse

and process equipment posed health

and environmental threats requiring

remediation. Concentrations of

cadmium averaged above 300

milligrams per kilogram (mg/kg) of soil.

Dust in some process equipment

contained as much as 59 percent

cadmium and 26 percent nickel. No

organic contaminants were found at

concentrations which posed health or

environmental impacts. No asbestos was

detected. Because the ground water is

380 feet below low permeability clay,

shale and shaley limestone, and the

maximum depth of Site contaminants

was less than 13 feet, EPA has

determined that the ground water was

not and will not, in the future, be

affected by the Site.

The EPA Regional Administrator

signed the Record of Decision (ROD) for

the Site on December 22, 1988, selecting

in-situ stabilization of the contaminated

soils and Site contaminants, plus

capping as the remedy. EPA selected

this remedy because it eliminates the

principal threat posed by the Site

conditions by eliminating the possibility

of human exposure with the metals of

concern and preventing the spread of

contaminants.

During the preparation of the bid

specifications for the remedial action,

EPA recognized that the south field was

not wide enough in some areas to

support a four foot thick protective clay

cap over the stabilized waste material.

Therefore, on June 8, 1990, EPA issued

an Explanation of Non-Significant

Change (ENSC) explaining EPA’s

decision to substitute the four foot thick

clay cap with an 80 mil thick high

density polyethylene (HDPE) liner and

an eight inch thick, double reinforced

concrete cap. This type of concrete cap,

to be placed on the southern portion of

the Site, is similar to the cap specified

in the ROD for the northern portion of

the Site and would not increase the cost

of the remedial action.

After a competitive bid process,

TNRCC awarded the remediation

contract to the lowest responsive,

responsible bidder. The former Site

operations area consisted of a metal

warehouse with various pieces of

equipment, a baghouse, two

underground sumps, and a south storage

yard with a concrete pad. The remedial

action contractor (Contractor) removed

the refractory from the furnaces and the

two sumps from the ground. The

Contractor eventually consolidated this

material with the dust and bags from the

baghouse and the contaminated soil.

The Contractor decontaminated the

metal warehouse building, drums and

metal process equipment by high

pressure water washing. TNRCC’s

oversight Engineer (Engineer) collected

and analyzed wipe samples for

cadmium and nickel.

The Contractor excavated 1,806 cubic

yards of offsite contaminated soil and

10,553 cubic yards of onsite

contaminated soil. The excavated

material was placed in the south field

and stabilized in-situ with a mixture of

1 part cement kiln dust to 9 parts Sitecontaminated soil by weight.

Equilibrium Partitioning Toxicity Tests

verified that the Site contaminants did

not leach out of the stabilized soil.

An 80 mil thick textured HDPE liner

was then installed over the stabilized

soil by the HDPE manufacturer’s

licensed installer and all line seams

were tested in accordance with the

manufacturer’s specifications. An eight

inch thick, double reinforced steel

concrete cap was placed over the HDPE

top liner and sealed according to the

sealer manufacturer’s specifications. A

fence was installed around the Site.

Contaminated soil excavated from the

northern portion of the Site was

replaced with clean soil and covered

with an eight inch thick, double

reinforced steel concrete cap.

Contaminated soil excavated from

offsite was replaced with clean soil and

sodded.

Other than the material required for

laboratory analysis, all contaminated

material remained on the Site and is

contained within the fenced and capped

area. To reduce the quantity of buried

material and to recycle steel,

decontaminated steel was removed from

the Site. Contaminated wash water was

used in the contaminated soil

compaction and stabilization activities.

Air monitoring analyses during

construction found no contaminant

levels of concern.

EPA, TNRCC, and TNRCC’s Engineer

conducted the Construction Final

Inspection on September 15, 1992. The

team determined that the remedial

action had been completed successfully.

The Engineer’s Final Remedial Action

Report, detailing the remedial activities

and documenting the successful

completion of all construction activities,

was submitted in November 1992. On
Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules 19205

September 30, 1993, the Acting Regional

Administrator signed the EPA Final

Close Out Report. EPA released a Fact

Sheet describing this report and the

status of the Site in January 1994.

The Cooperative Agreement between

EPA and TNRCC budgeted $2,552,898

for all of TNRCC’s remedial design and

remedial action activities, including the

Construction Contract, oversight and the

State ten percent cost share and the first

year of Operation and Maintenance. The

final actual cost expenditure for these

activities totaled $1,383,320.

The EPA/TNRCC community

relations activities included: a public

meeting in 1985 to explain the

Superfund process and to learn of

citizen concerns; a questionnaire to area

officials and residents requesting

information on their concerns or issues

related to the Site; an EPA briefing to

Fort Worth health officials regarding the

proposed remedy; and a meeting in

November 1988 to present the

alternatives developed in the FS and

EPA’s preferred alternative for remedial

action. In June 1990, TNRCC presented

the plans for the Remedial Action (RA).

In April 1992, EPA and TNRCC met

with railroad personnel working

adjacent to the Site to discuss their

concerns regarding possible exposures

to Site contaminants during the Pesses

metal reclamation operations and

during the remedial action. EPA and

TNRCC explained that they could not

determine the worker exposure during

the time that Pesses S’West conducted

metal reclamation operations, gave the

workers information regarding

cadmium, nickel and lead poisoning,

and suggested that the workers contact

their employer-provided physician or

their own personal physician. EPA and

TNRCC also explained that air

monitoring at the perimeter of the Site

would ensure that no detectable

quantities of contaminants left the Site

during remediation activities.

All EPA completion requirements for

the Site have been met. Specifically,

confirmatory sampling verified that soil

and dust contaminated with greater than

15 parts per million (ppm) cadmium or

100 ppm nickel was excavated,

stabilized with cement kiln dust,

capped and fenced in accordance with

the ROD and the ENSC. Confirmatory

soil sampling and the backfilling of the

excavated areas with clean soil provides

further assurance that the area no longer

poses any threats to human health or to

the environment and no further

Superfund response is appropriate.

The Site Review and Update,

prepared by the Texas Department of

Health under a Cooperative Agreement

with the Agency for Toxic Substances

and Disease Registry (ATSDR), issued

on September 1, 1993, states that all of

ATSDR’s previous recommendations

have been addressed or can be

dismissed. The potential threat to

human exposure has been eliminated.

TNRCC’s Engineer conducted

quarterly Site inspections for TNRCC

during the one year Operational and

Functional (O&F) period from

September 1992 to September 1993 and

reported the results to TNRCC. The Site

concrete cap and fencing were inspected

for integrity. EPA, TNRCC and TNRCC’s

Engineer conducted the final O&F

inspection on September 10, 1993.

There were no cracks in the concrete but

there were minor surface cracks in the

asphalt sealant covering the joint fillers

and one hole cut in the fence. Repairs

were made. EPA determined that the

remedial action was successful in

protecting the public health and

welfare.

The State assumed all responsibility

for Operation & Maintenance (O&M) at

the Site as of October 1, 1993. Therefore,

long-term O&M of the Site will be under

the direction of the State of Texas, as

guaranteed in the Cooperative

Agreement awarding remedial action

funds. O&M consists of inspecting the

concrete cap and security fence for

integrity and making all needed repairs.

Hazardous substances, above healthbased levels, remain in the stabilized

and capped soil located on the southern

portion of the Site. These materials

prevent unlimited use and unrestricted

access to this portion of the Site. For

this reason, EPA will conduct statutory

five-year reviews, pursuant to Office of

Solid Waste and Emergency Response

Directive 9355.7–02, ‘‘Structure and

Components of Five-Year Reviews’’.

EPA will conduct the first review before

September 1996. These reviews will

allow EPA and the State to determine

whether the protectiveness of the

remedy for the Site will be maintained

over time.

Based on the successful stabilization

of the hazardous materials onsite, the

results of O&M activities to date, and

ATSDR’s favorable review, the remedy

is protective and no additional response

action is necessary. State funded O&M

and EPA funded five-year reviews will

continue in the future, but EPA may

proceed with the Site deletion since

applicable deletion criteria have been

satisfied.

EPA, with concurrence of the State of

Texas, has determined that all

appropriate responses under CERCLA at

the Pesses Chemical Company Site have

been completed, and that no further

response action, other than O&M and

Five-Year reviews, is necessary.

Therefore, EPA proposes to delete the

Site from the NPL.

Dated: April 7, 1995.

A. Stanley Meiburg,

Acting Regional Administrator, US EPA

Region 6.

[FR Doc. 95–9384 Filed 4–14–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–38, RM–8587]

Television Broadcasting Services;

Kailua, HI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Paul

Alfred Tennyson, proposing the

allotment of Television Channel 50 to

Kailua, Hawaii, as that community’s

first local television service. The

allotment can be made consistent with

the minimum distance separation

requirements of Section 73.610 of the

Commission’s Rules. The coordinates

for the proposed allotment of Channel

50 to Kailua are North Latitude 21–24–

00 and West Longitude 157–44–30. This

proposal is not affected by the freeze on

television allotments or applications.

DATES: Comments must be filed on or

before June 1, 1995, and reply

comments on or before June 16, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Paul Alfred Tennyson, 305

Hahani Street, #118, Kailua, Hawaii

96734 (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–38, adopted March 28, 1995, and

released April 10, 1995. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 1919 M Street, NW, Room 246, or