
[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Rules and Regulations]               
[Page 48867-48872]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au10-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9188-8]

 
National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List: Deletion of the Rogers Road Municipal 
Landfill Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is 
publishing a direct final notice of deletion of the Rogers Road 
Municipal Landfill Superfund Site (Site), located near Jacksonville, 
Pulaski County, Arkansas from the National Priorities List (NPL). The 
NPL, promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is an appendix of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP). This direct final deletion 
is being published by EPA with the concurrence of the State of 
Arkansas, through the Arkansas Department of Environmental Quality 
(ADEQ), because EPA has determined that all appropriate response 
actions under CERCLA, other than operation, maintenance, and five-year 
reviews, have been completed. However, this deletion does not preclude 
future actions under Superfund.

DATES: This direct final rule will be effective October 12, 2010 unless 
EPA receives adverse comments by September 13, 2010. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final notice of deletion in the Federal Register informing the 
public that the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002 by one of the following methods:
    http://www.regulations.gov (Follow the on-line instructions for 
submitting comments)
    E-mail: walters.donn@epa.gov.
    Fax: 214-665-6660
    Mail: Donn Walters, Community Involvement, U.S. EPA Region 6 (6SF-
TS), 1445 Ross Avenue, Dallas, TX 75202-2733, (214) 665-6483 or 1-800-
533-3508.
    Hand Delivery: Donn Walters, Community Involvement, U.S. EPA Region 
6 (6SF-TS), 1445 Ross Avenue, Dallas, TX 75202-2733. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.

[[Page 48868]]

    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1987-0002 EPA policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at:

U.S. EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733, (214) 665-7362 by appointment only Monday through Friday 9 a.m. 
to 12 p.m. and 1 p.m. to 4 p.m.; Jacksonville City Hall, 1 Municipal 
Drive, Jacksonville, AR 72076, (501) 982-3181, Monday through Friday, 8 
a.m. to 5 p.m.;
Arkansas Department of Environmental Quality (ADEQ), 5301 Northshore 
Drive, North Little Rock, Arkansas 72118, (501) 682-0744, Monday 
through Friday 8 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Shawn Ghose M.S., P.E., Remedial 
Project Manager (RPM), U.S. EPA Region 6 (6SF-RA), 1445 Ross Avenue, 
Dallas, TX 75202-2733, (214) 665-6782 or 1-800-533-3508 or 
ghose.shawn@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 6 office is publishing this direct final notice of 
deletion of the Rogers Road Municipal Landfill Superfund Site (Site) 
from the National Priorities List (NPL). The NPL constitutes Appendix B 
of 40 CFR part 300, which is the Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to section 105 
of the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of 
sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
As described in Section 300.425(e)(3) of the NCP, sites deleted from 
the NPL remain eligible for Fund-financed remedial actions if 
conditions warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective October 12, 2010 unless EPA 
receives adverse comments by September 13, 2010. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion, and the deletion will not take effect. The EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments already received. There will be no additional opportunity to 
comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Rogers Road Landfill 
Superfund Site and demonstrates how it meets the deletion criteria. 
Section V discusses EPA's action to delete the Site from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.

Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-year 
reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the State of Arkansas prior to 
developing this direct final Notice of Deletion and the Notice of 
Intent to Delete co-published today in the ``Proposed Rules'' section 
of the Federal Register.
    (2) EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the State, through the ADEQ, has concurred on 
the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a

[[Page 48869]]

notice of the availability of the parallel Notice of Intent to Delete 
is being published in a major local newspaper, Jacksonville Times. The 
newspaper notice announces the 30-day public comment period concerning 
the notice of intent to delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent to 
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting 
this Site from the NPL:

A. Site Background and History

    The Rogers Road Municipal Landfill Superfund Site (Site; EPA ID 
ARD981055809) encompasses about 10 acres in Pulaski County, outside the 
city limits of Jacksonville, Arkansas, approximately 12 miles northeast 
of Little Rock, Arkansas. An estimated 10,000 people live within three 
miles of the Site and are supplied by municipal drinking water. Less 
than one-half mile west of the Rogers Road Municipal Landfill Superfund 
Site is the Jacksonville Municipal Landfill Superfund Site. Because of 
the proximity of the two sites and the similarities in their features 
and characteristics, the Superfund site-related activities were carried 
out concurrently. Within a one-half mile radius of the Site, the 
population was estimated between 153 and 204. Sometime prior to 1974, 
the residents of Rogers Road were supplied with municipal water by the 
City of Jacksonville.
    The City of Jacksonville purchased the land comprising the Rogers 
Road Landfill in September 1953 and operated a municipal landfill on 
the property. Open burning and trenching were the primary methods of 
waste disposal used at the Site. The dates of operation of the Rogers 
Road Landfill remain a matter of dispute and varying testimony and 
representations in a number of judicial and administrative venues. 
However, it is undisputed that after October 1974, operation of the 
Rogers Road facility had ceased. The landfill was formally closed in 
July 1973, when the predecessor agency to the ADEQ, the Arkansas 
Department of Pollution Control and Ecology, refused to grant a 
landfill permit, because of the high water table and poor drainage in 
the area.
    Specific waste types and quantities were not recorded by the Site 
owner/operators; however, in addition to municipal waste, several drums 
of industrial waste from a local herbicide manufacturer, Vertac 
Chemical Corporation (Vertac), were believed to have been disposed of 
in the landfill. On-site soil and about 30 decaying drums were found to 
be contaminated with dioxin (2,3,7,8-tetrachlorodibenzo (P) dioxin 
expressed as 2,3,7,8-TCDD equivalents), the herbicides 2,4-D and 2,4,5-
T, and the pesticide dieldrin.
    In early 1986, the City of Jacksonville fenced the Site to prevent 
public access. The Rogers Road Municipal Landfill was identified to EPA 
on May 10, 1983, through a citizen's complaint. At that time, EPA was 
conducting a site inspection of the Jacksonville Landfill. After a 
field investigation, the Rogers Road Municipal Landfill was proposed 
for inclusion on the National Priorities List (NPL) of uncontrolled 
hazardous waste sites on January 22, 1987 (52 FR 2492). The site was 
added to the NPL on July 22, 1987 (52 FR 27620).

B. Remedial Investigation and Feasibility Studies

    A Remedial Investigation (RI) was conducted between November 1988 
and March 1990, and a risk assessment was performed based on the 
analytical findings of the RI. The results of the RI and risk 
assessment and prior investigations are summarized in the RI Report 
(Peer and Resource Applications, Inc., 1990a). The Feasibility Study 
(FS) was also released at this time (Peer and Resource Applications, 
1990b). Onsite soil and decaying drums were found to be contaminated 
with dioxin (2,3,7,8-tetrachlorodibenzo-p-dioxin [TCDD] equivalents), 
the herbicides 2,4-D and 2,4,5-T, and the pesticide dieldrin (EPA, 
1996).
    The investigations undertaken at the Rogers Road landfill revealed 
that contaminants in the soil comprised the principal threat posed by 
the site. The contamination in the soil was limited to the drum 
disposal area. A remedy was chosen based on the following criteria:
     Remedy the contaminated soil using thermal treatment and 
soil cover to ensure it no longer presents a threat to human health or 
the environment.
     Eliminate the health risks due to ponded water onsite by 
filling in the existing site trenches with clean fill.
     Establish a method of long term monitoring to ensure that 
the soil cover is properly maintained and the groundwater quality is 
adequately monitored.
    The remedial actions undertaken to meet these criteria are 
described in the Section on Remedial Action.

C. Selected Remedy

    The Remedial Investigation (RI) for the Site, which described the 
nature and extent of contamination, was released to the public in July 
1990. The Feasibility Study (FS) was also released at this time. A 60-
day public comment period began on July 9, 1990, and ended on September 
7, 1990. In addition, a public meeting was held on July 18, 1990, to 
present the results of the RI/FS and to accept public comment.
    EPA reviewed the results of the July 1990 RI/FS conducted by the 
EPA contractor, Peer Consultants, and all public comments received. On 
September 27, 1990, a Record of Decision (ROD) for the Site was issued. 
The selected remedy included:
     Excavation of contaminated soil and debris containing 
greater than 10 parts per billion (ppb) equivalent 2,3,7,8-TCDD and 
backfilling the excavated area;
     Transportation of the excavated material to the Vertac 
Chemical Corporation Superfund Site in Jacksonville, Arkansas;
     Incineration of the excavated contaminated material and 
disposal of residuals at Vertac;
     Steam-cleaning and disposal of large items of refuse 
removed from contaminated areas at the Rogers Road Site;
     Covering soil, debris and water meeting the criteria 
stated below with twelve inches of soil:
    (1) 2,3,7,8-TCDD concentrations > 1.0 and <= 10 ppb,
    (2) Cumulative Hazard Index > .7 for 2,4,5-T; 2,4,5 TP; and 
dieldrin; or
    (3) Dieldrin > 37 ppb;
     Backfilling the site trench;

[[Page 48870]]

     Institutional controls such as fence maintenance and land-
use restrictions limiting ground water use on and immediately 
downgradient of the site; and
     Ground water monitoring for at least 5 years.
    On June 20, 1994, a Consent Decree (CD) between EPA and the City of 
Jacksonville regarding the Site was entered in Federal District Court. 
This CD and the CD for the nearby Jacksonville Landfill Site were the 
first in the country between a municipality and EPA that utilized this 
type of mixed work settlement. Under the agreement, EPA performed the 
work that involved handling the hazardous substances, including 
picking-up the hot spots of contamination, transporting the material to 
Vertac, incineration, and decontamination.
    The city performed the non-hazardous work, including fencing, 
backfilling, grading, re-vegetating, inspection and maintenance, 
installation of additional ground water wells, ground water sampling 
and analysis and land-use controls.

D. Response Actions

    On August 22, 1995, Ecology and Environment (E&E), the EPA 
Technical Assistance Team (TAT) and the Emergency Response Cleanup 
Service (ERCS) contractor, Riedel-Peterson, mobilized to begin remedial 
operations at the Site. After preliminary road work was completed, 
excavation of contaminated soil was initiated.
    During the action, Riedel-Peterson recontainerized contaminated 
material that was in decaying drums and excavated soil. This material, 
along with investigation-derived waste such as contaminated personal 
protective equipment, was transported to the Vertac Site for treatment 
at the incinerator. Confirmation soil samples were collected after this 
initial excavation to verify the degree of contaminant removal and to 
determine the areas of moderate contamination (2,3,7,8-TCDD 
concentrations > 1.0 and <= 10 ppb and dieldrin > 37 ppb) which would 
later be covered with clean soil.
    A total of 200 cubic yards of contaminated soil and 76 drums of 
hazardous materials (including 19 drums of investigation-derived 
wastes) were transported to Vertac and incinerated. This is a higher 
volume than the 130 cubic yards estimated in the ROD. Despite this 
increase in volume, remedial activities went smoothly. Incineration at 
Vertac began on October 20, 1994, and ended on December 4, 1994. The 
January 20, 1995, Technical Assistance Report for the Rogers Road 
Municipal Landfill written by E&E, details the Remedial Action (RA) 
activities performed by EPA and its contractors.
    The total cost for the RA was $129,070.00 for the excavation, 
preliminary sampling, and transportation of the waste and $1.07 million 
for the confirmatory sampling and incineration at Vertac.
    During the fall of 1994, the City of Jacksonville continued 
regrading activities and installed the three additional ground water 
monitoring wells between the Jacksonville Landfill and the Rogers Road 
Landfill as required by the ROD and CD. The city demobilized in late 
October when heavy rains in the area made passage through the Site 
difficult. City activities recommenced in July 1995 when the Site was 
sufficiently dry for vehicles to pass. The city regrading activities 
were completed in September 1995. A list of all Site activities 
undertaken by the city is included in the weekly activity reports in 
the Site file.
Demonstration of Quality Assurance/Quality Control (QA/QC) for Cleanup 
Activities
    Because of the simplicity of this action, one work plan was 
submitted which encompassed the Remedial Design (RD) and RA activities 
at the Site, consistent with the ROD and the CD. The Quality Assurance 
Project Plan for the RA detailed the strict sampling and analytical 
program. All procedures and protocol for confirmatory sample analysis 
included in this document were in accordance with EPA procedures. The 
selection of the locations for confirmatory sampling and a graphical 
presentation of the concentrations of contaminants at these locations 
are documented in the January 20, 1995, Technical Assistance Report 
(the Remedial Action Completion Report) for the Rogers Road Municipal 
Landfill.
    A total of 93 soil samples were taken during the RA to confirm 
attainment of clean-up standards. Samples were collected from points on 
a 14 x 14 foot grid pattern extending outside of the boundary of 
contamination as established during the Remedial Investigation. Eighty-
six of these samples were analyzed for dioxin and related compounds and 
13 were analyzed for dieldrin, in accordance with the Quality Assurance 
Sampling Plan (QASP) prepared for the Remedial Action by the TAT.
    EPA provided direct oversight of the excavation and confirmatory 
soil sampling activities. The Jacksonville Community Relations Office 
maintained administrative support for the project five days a week.
    The QA/QC program utilized throughout the remedial action was 
sufficiently rigorous and was adequately complied with to enable EPA to 
determine that all analytical results are accurate to the degree needed 
to assure satisfactory execution of the remedial action consistent with 
the ROD and the RD/RA work plan.
    Construction was completed in early 1995. A site inspection 
occurred on September 20, 1995, which showed that the remedial 
objectives had been achieved. The EPA also checked the Site on 
September 1, 1998. At that time, the constructed remedy was still 
performing as designed and was controlling the risks to human health 
and the environment as specified in the ROD. The soil cover was in 
excellent shape with no evidence of subsidence, erosion, animal 
burrows, or standing water. The grass cover was well-established and 
provided thorough coverage of the soil cover. The site fences had been 
maintained and there was no evidence of trespassers.

E. Clean-Up Standards

    The remedial action (RA) cleanup activities at the Site are 
consistent with the objectives of the NCP and will provide protection 
to human health and the environment. Specifically, confirmatory 
sampling conducted at the conclusion of the cleanup verified that the 
site achieved the ROD cleanup standards: All contaminated soil and 
debris containing greater than 10 part per billion (ppb) equivalent 
2,3,7,8-TCDD were excavated and all soil and debris with 2,3,7,8-TCDD 
concentrations > 1.0 and <= 10 ppb, or with a Cumulative Hazard Index > 
.7 for 2,4,5-T; 2,4,5 TP and dieldrin were either excavated or covered 
with one foot of clean soil. In addition, no soil was left on-site with 
a dieldrin concentration above 37 ppb. Ground water samples taken in 
November 1994, June 1995, December 1995, October 1996, and November 
1997, did not show dioxin contamination, nor did they show any site-
related, statistically significant concentrations of organic 
contaminants or inorganic (metals) contaminants above acceptable 
health-based levels. The sampling results documented in the Technical 
Assistance Report showed that the drum disposal area excavation 
exceeded the 1 ppb dioxin cleanup level and was remediated to 0.01 ppb 
or 10 ppt level of dioxin.
    The confirmatory sampling at the Site and backfilling of the Site 
with clean soil provide assurances that the Site will

[[Page 48871]]

no longer pose a threat to human health or the environment as long as 
the institutional controls are enforced and the soil cover is 
maintained. The source of contaminants identified in the ROD, the 
disintegrating drums and adjacent contaminated soil, has been addressed 
through excavation and covering with a clean soil cover. The cleanup 
also eliminated the impacts to the ground water from the chemicals of 
concern at the Site (i.e., the possible source of contamination had 
been removed).
    At this time, the Site has been cleaned up to eliminate the 
exposure pathway by the remedy required by the ROD. Health concerns are 
adequately addressed by institutional controls. Institutional controls 
were required by the Site remedy and were imposed in 2008 in the form 
of an Environmental Protection Easement and Declaration of Restrictive 
Covenants recorded in Pulaski County, Arkansas. The property interest 
was conveyed by the Site owner to the City of Jacksonville with a third 
party beneficiary enforcement interest granted to the EPA. This 
instrument prevents disturbance of remedial components in the fenced, 
capped area of the Site, and it prohibits all residential, 
agricultural, food service, and ground water uses of that area as well. 
In addition, development of that area in any form not expressly 
prohibited, can only be undertaken with the prior notice to, and review 
and approval of, the EPA. Any ground water use within the 20.2 acre 
tract that includes the fenced area (1.38 acres) and adjoining areas is 
prohibited without prior notice and approval of the EPA, and no 
development of any kind can take place in that tract without 90 days 
prior notice to the EPA. These restrictions provide a significant 
margin of protection and a buffer for any potential exposure pathways. 
In addition, the institutional controls provide broad access rights to 
the Site for EPA for carrying out remedial maintenance, surveillance, 
inspection, investigation, and response, among other things.
    The discontinuance of the ground water monitoring past 1997 have 
been justified in an Explanation of Significant Differences (ESD) 
signed in August 2009. Public notice of the ESD was published in 
Jacksonville Times in September 2009.

F. Operations and Maintenance

    The Site is designed to require very little maintenance. Site 
operations and maintenance (O&M) activities that have been performed by 
the city of Jacksonville since the 1995 site completion include routine 
site inspections to ensure that positive drainage (as defined in the CD 
Statement of Work) is occurring and that the perimeter fence is intact. 
These activities have maintained the protectiveness of the remedy
    The city of Jacksonville, as agreed upon in the CD and accompanying 
Statement of Work and as detailed in the Remedial Action (RA) Work 
Plan, has assumed all responsibility for O&M at the Site. Plans for O&M 
are in place and are sufficient to maintain the protectiveness of the 
remedy. The city is fulfilling its obligation to perform the O&M and it 
is expected that the city of Jacksonville will be able to provide 
future maintenance with a minimal amount of work.
    In June 1999 Arkansas Department of Environmental Quality (ADEQ) 
provided a State concurrence for Deletion. However, Deletion was put on 
hold pending resolution of land use restrictions on the property. The 
implementation of Institutional Control (IC) was delayed by significant 
legal questions surrounding title to the property of the Site. 
Eventually, legal agreement was reached after extended negotiations 
between EPA, the city of Jacksonville, and the Site owners as to the 
form of restrictive covenants to be recorded in the deed records for 
Pulaski County, Arkansas. Restrictive covenants were then executed by 
the heir to the property and recorded in the deed records for the site 
on February 29, 2008.

G. Five-Year Review

    The EPA must conduct a statutory five-year review of the remedy no 
less than every five years after the initiation of the remedial action 
pursuant to CERCLA Section 121(c). Based on the five-year reviews, EPA 
will determine whether human health and the environment continue to be 
adequately protected by the implemented remedy. Five-year reviews for 
this Site were completed in September 2000 and September 2005. The 2005 
FYR identified a gap of 20 feet in the fence surround the capped area. 
The fence was repaired in May 2010. In each of these reviews EPA 
determined that the remedy is protective of human health and the 
environment and is functioning as intended.
    The next five-year review will occur no later than September 2010.

H. Community Involvement

    Because of the high community interest in the nearby Vertac 
Corporation Superfund Site, a Community Relations Office, staffed by an 
EPA contractor, was established in 1990. The purpose of this office is 
to disseminate information to citizens and the press and to give 
citizens a focal point for their questions.
    An active campaign to notify local residents and receive input 
prior to the Site excavation and transportation was conducted. 
Landowners adjacent to the Site were visited and transportation was 
coordinated with local authorities and representatives of the Little 
Rock Air Force Base which is located near the transportation route.
    A community open house meeting was held on August 22, 1994, to 
discuss the remedial action and receive citizen input.
    A Site close-out open house and ribbon-cutting ceremony were held 
on September 25, 1995.
    Public participation activities required in CERCLA Section 113(k), 
42 U.S.C. 9613(k), and CERCLA Section 117, 42 U.S.C. 9617, have been 
satisfied, and documents which EPA generated and/or relied on are 
available to the public in these information repositories.

I. Determination That the Site Meets the Criteria for Deletion in the 
NCP

    The NCP specifies that EPA may delete a site from the NPL if ``all 
appropriate responsible parties or other persons have implemented all 
appropriate response actions required'' or ``all appropriate Fund-
financed response under CERCLA has been implemented, and no further 
response action by responsible parties is appropriate''. 40 CFR 
300.425(e)(1). EPA, with concurrence of the State of Arkansas, through 
the Department of Environmental Quality by a letter dated July 3, 2008, 
believes these criteria for deletion have been satisfied. Therefore, 
EPA is proposing the deletion of the site from the NPL.

V. Deletion Action

    The EPA, with concurrence of the State of Arkansas through the 
Arkansas Department of Environmental Quality, has determined that all 
appropriate responses under CERCLA, other than operation, maintenance, 
monitoring and five-year reviews, have been completed. Therefore, EPA 
is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective October 12, 2010 unless EPA receives adverse comments by 
September 13, 2010. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion and it will

[[Page 48872]]

not take effect. EPA will prepare a response to comments and continue 
with the deletion process on the basis of the notice of intent to 
delete and the comments already received. There will be no additional 
opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: August 4, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, EPA Region 6.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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 to Part 300--[Amended]

0
2. Table 1 of Appendix B to Part 300 is amended by removing ``Rogers 
Road Municipal Landfill'', ``Jacksonville, Arkansas''.

[FR Doc. 2010-19924 Filed 8-11-10; 8:45 am]
BILLING CODE 6560-50-P

