National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the A & F Material Reclaiming, Inc. Superfund Site, 21870-21874 [2012-8855]
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. An
environmental analysis checklist and a
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categorical exclusion determination will
be available in the docket where
indicated under ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add a temporary § 165.T13–215 to
read as follows:
■
§ 165.T13–215 Safety Zone; Marina
Salvage, Bellingham Bay, Bellingham, WA.
(a) Location. The following area is
designated as a safety zone: All waters
of the Squalicum Harbor Marina and all
waters within 200 yards of the entrance
to the marina, located in Bellingham,
WA.
(b) Regulations. In accordance with
the general regulations in 33 CFR 165,
Subpart C, vessels wishing to enter the
zone must request permission for entry
by contacting the Joint Harbor Operation
Center at (206) 217–6001 or the onscene patrol craft on VHF CH 13. Once
permission for entry is granted vessels
must proceed at a minimum speed
necessary for safe navigation.
(c) Enforcement period. This rule will
be effective from 12 a.m. on April 5,
2012, through 11:59 p.m. on April 13,
2012, unless cancelled sooner by the
Captain of the Port.
Dated: April 4, 2012.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–8876 Filed 4–10–12; 11:15 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9657–7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the A & F Material Reclaiming, Inc.
Superfund Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is publishing a
direct final Notice of Deletion of the
A & F Material Reclaiming, Inc.
Superfund Site (Site), located in
Greenup, Illinois 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 to 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
Illinois, through the Illinois
Environmental Protection Agency
(IEPA), because EPA has determined
that all appropriate response actions
under CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
This direct final deletion is
effective June 11, 2012 unless EPA
receives adverse comments by May 14,
2012. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final 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–1983–0002, by one of the
following methods:
• https://www.regulations.gov: Follow
online instructions for submitting
comments.
• Email: Gladys Beard, NPL Deletion
Process Manager, at
beard.gladys@epa.gov or Janet Pope,
Community Involvement Coordinator, at
pope.janet@epa.gov.
• Fax: Gladys Beard, NPL Deletion
Process Manager, at (312) 697–2077.
• Mail: Gladys Beard, NPL Deletion
Process Manager, U.S. Environmental
Protection Agency (SR–6J), 77 West
Jackson Boulevard, Chicago, IL 60604,
(312) 886–7253; or Janet Pope,
Community Involvement Coordinator,
DATES:
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations
U.S. Environmental Protection Agency
(SI–7J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 353–0628 or
(800) 621–8431.
• Hand delivery: Janet Pope,
Community Involvement Coordinator,
U.S. Environmental Protection Agency
(SI–7J), 77 West Jackson Boulevard,
Chicago, IL 60604. Such deliveries are
only accepted during the docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
normal business hours are Monday
through Friday, 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–1983–
0002. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
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 https://
www.regulations.gov index. Although
listed in the index, some information
may not be 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 the
hard copy. Publicly available docket
materials are available either
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electronically at https://
www.regulations.gov or in hard copy at:
• U.S. Environmental Protection
Agency—Region 5, 77 West Jackson
Boulevard, Chicago, IL 60604. Phone:
(312) 353–1063. Hours: Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
• Greenup City Clerk’s Office,
Greenup Municipal Building, 115
Cumberland Avenue, Greenup, IL
62428. Phone: (217) 923–3401. Hours:
Monday through Friday, 7:30 a.m. to
4:30 p.m.
FOR FURTHER INFORMATION CONTACT:
Gladys Beard, NPL Deletion Process
Manager, U.S. Environmental Protection
Agency (SR–6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312)
353–2315, or beard.gladys@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 5 is publishing this direct
final Notice of Deletion of the A & F
Material Reclaiming, Inc. Superfund
Site from the National Priorities List
(NPL). 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) 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
300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for Fundfinanced remedial actions if future
conditions warrant such actions.
Because EPA considers this action to
be noncontroversial and routine, this
action will be effective June 11, 2012
unless EPA receives adverse comments
by May 14, 2012. Along with this direct
final Notice of Deletion, EPA is copublishing 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.
EPA will, as appropriate, prepare a
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21871
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 A & F Material
Reclaiming, Inc. 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:
1. Responsible parties or other
persons have implemented all
appropriate response actions required;
2. All appropriate Fund-financed
response under CERCLA has been
implemented, and no further response
action by responsible parties is
appropriate; or
3. 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.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
1. EPA consulted with the State of
Illinois 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 with 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 IEPA, has
concurred on the deletion of the Site
from the NPL.
3. Concurrently with the publication
of this direct final Notice of Deletion, a
notice of the availability of the parallel
Notice of Intent to Delete is being
published in a major local newspaper,
the Times Courier News, located in
Charleston, Illinois. The newspaper
notice announces the 30-day public
comment period concerning the Notice
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of Intent to Delete the Site from the
NPL.
4. 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.
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IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL:
Site Background and History
The A & F Material Reclaiming, Inc.
Superfund Site (CERCLIS ID#
ILD980397079) is located on
approximately four acres of land on the
western border of the Village of
Greenup, in east-central Illinois. The
Site, which lies on the west side of the
village, is bounded by open farmland
and woodland, the local wastewater
treatment plant, and private residences;
fairgrounds lie to the southwest. The
Site has a slope toward the Embarras
River, which lies about 600 feet to the
north. Drainage from the Site reaches
the river by way of a ditch along a
former railroad right-of-way west of the
Site and east of the municipal
wastewater treatment plant. The local
wastewater treatment plant has several
lagoons and the plant discharges the
treated water into the ditch along the
railroad right-of-way.
Three distinct aquifers exit at the Site:
Alluvium till, present at or near ground
surface; sand and gravel, present at
shallow depths below ground surface,
and bedrock. The shallow aquifer is a
poor water producer and is not used as
a source of water supply. However, it
does furnish recharge to the underlying
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sand and gravel. The alluvium forms an
essentially level surface and contains
groundwater at shallow depths in the
range of 8 to 12 feet below grade.
According to the measured water levels,
groundwater flow is directed downslope
to the west and north of the Site. No
private wells have been found north or
west of the Site. The sand and gravel
outwash aquifer is a regionally
significant unit which is present
beneath the entire Site and receives
recharge from the overlying alluvium. In
the outwash sand and gravel aquifer,
groundwater flow is generally
downslope from the highlands east of
the Site, and flow in the level section of
the study area is directed northward
toward the Embarras River. Discharge is
also directed toward the Embarras River.
The bedrock aquifer is not significant in
the area of the Site. Water contained in
the fractured section of the
Pennsylvanian bedrock is present under
strong artesian conditions. Recharge of
the bedrock aquifer probably occurs
from overlying units located elsewhere
where water levels are higher than those
observed in the study area. Based upon
water level data from the remedial
investigation, neither of the
unconsolidated aquifers encountered
on-site discharges to the drainage ditch.
The lagoons constructed on site during
operation of the facility were excavated
into the unsaturated portion of the
alluvial aquifer.
The historic use of the Site has been
for industrial purposes. However, there
have not been any industrial activities at
the Site since the facility closed in 1980.
The A & F Material Reclaiming facility
began operations in March 1977 as a
recycling plant. The facility processed
waste materials such as oil, sludge,
caustics, and sulfuric acid into fuel oil
and fire retardant chemicals. There were
numerous violations of the operating
permits issued by IEPA. Within a year
of operating, four storage lagoons
overflowed, contaminating the
surrounding soil and water drainage
pathway to the Embarras River. In
addition, some of the steel storage tanks
failed on several occasions, releasing
their contents on the Site. These tanks
held mixtures of waste oils, sludges,
spent caustics, spent acids,
contaminated water, and other waster
products. Present land use for the
surrounding area is residential,
commercial, and recreational
(fairgrounds are located southwest of
the Site). Currently no groundwater
underlying the Site is used as a drinking
water source.
From December 1980 through
December 1982 there were several
removal actions at the Site in which
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contaminated soils, sediments, tank,
and buildings were removed and
disposed off site. These actions
included lowering the level of waste in
the lagoons, diking, trenching, and
removing drums and wastes off site. In
addition, a temporary cap was placed
over a portion of the consolidated
sludge on site.
In December 1982 the Site was
included on the Proposed NPL (47 FR
58476). The Site was finalized on the
NPL on September 8, 1983 (48 FR
40674). In November 1983 an Initial
Remedial Measure was implemented to
address remaining site contaminants in
tanks and drums. The remaining on-site
waste included approximately 153,000
gallons of contaminated liquids in
tanks, 16,000 gallons of contaminated
oil in tanks, and 20 drums with
unknown contents. All tank liquids,
oils, and drums were disposed off site
at an approved facility through the
Initial Remedial Measure.
On September 12, 1984, a Partial
Consent Decree was entered into by four
of the potentially responsible parties,
which outlined a remedial action plan
that included a phased approach for
cleaning up the Site. The first phase
included the remedial investigation and
the feasibility study; the second phase
was an immediate removal action to
address the threatened release of
contaminates from the two lagoons; the
third phase involved removal and
disposal of contaminated soils and
sediments, removal and disposal of the
building and equipment, final site
grading, air monitoring, and site
security; and the final phase of the
remedial action plan involved closure
and groundwater monitoring
requirements.
Remedial Investigation and Feasibility
Study
The remedial investigation report did
not include a formal baseline risk
assessment. Since the lagoon sludge,
wastewater, oil, and tank waste were
removed under the Interim Remedial
Measure, they posed no environmental
impacts or adverse health effects to the
neighboring community. The primary
concerns associated with the Site were
from ingestion or direct contact
exposures to the soil, sediment,
groundwater, and surface water. Soils in
the area of the tank farm were
contaminated and posed an
environmental threat. Several sediment
samples taken from the drainage ditch
showed low levels of polynuclear
aromatic hydrocarbons, but sediments
from the river did not have any
substantial contamination. Neither the
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drainage ditch nor the river showed any
contamination above background levels.
Data from groundwater monitoring
wells showed elevated levels of sulfate,
total dissolved solids (TDS), and oil and
grease. Additionally, several metals
were detected at levels higher than
background and in some cases higher
than the IEPA standard for groundwater.
Because of the dilution effect between
the groundwater and surface water, it
was expected that the contaminated
groundwater would not cause
contamination in the river. Also, the
planned removal of contaminated
materials from the Site would remove
the primary source of contamination to
the groundwater. The remedial
investigation concluded there was a
high flow rate through the sand and
gravel aquifer, which would allow for
rapid flushing of any residual
contaminants.
Selected Remedy
1985 and 1986 Enforcement Decision
Document (EDD) Findings:
EPA issued an EDD for Operable Unit
1 (OU1) on June 14, 1985 that addressed
the soil, sediments, building, and
equipment. The goal of this remedy was
to remove soils found with
contamination above action levels for
site contaminants of concern (COCs)
and to remove on-site buildings in order
to protect public health, welfare, and
the environment. The remedy for OU1
included:
• All soils, surface and subsurface,
contaminated above the recommended
action levels were to be removed and
disposed at an off-site facility;
• Facility equipment and building
structures were to be cleaned,
dismantled, removed, and disposed at
an off-site facility;
• Site grading to eliminate ponding;
• Maintenance of a vegetative cover
to prevent erosion; and
• Groundwater monitoring to confirm
that no further soil removal was
required.
On August 14, 1986 EPA issued an
EDD for Operable Unit 2 (OU2) that
addressed groundwater. The goal of this
remedy was to restore groundwater to
below Maximum Concentration Levels
(MCLs) in order to protect public health,
welfare, and the environment. The
remedy for OU2 included:
• Establishing a groundwater
monitoring program to test whether all
residual groundwater contamination
remaining after the cleanup would
steadily decrease to safe levels by
natural dilution and purging to the
Embarras River without causing
violation of the water quality standards
of the river;
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• Establishing adequate institutional
controls so that drinking water wells are
not placed in the contaminated
groundwater areas during the period of
natural dilution and purging; and
• Establishing procedures for regular
review of monitoring data until safe
levels are reached or data contradicting
the feasibility study conclusions
demonstrates the need to reevaluate the
remedy.
2010 ESD Findings:
On May 24, 2010 an Explanation of
Significant Differences (ESD) was signed
by EPA. The purpose of the ESD was to
eliminate iron, manganese, sulfate, and
TDS as site contaminants of concern
from the groundwater cleanup remedy
selected in the 1986 EDD for OU2.
These contaminants were removed
because the action levels for these four
parameters are secondary MCLs, which
are non-enforceable guidelines
regulating contaminants that may cause
cosmetic or aesthetic effects in drinking
water. Furthermore, review of
groundwater data by EPA concluded
that these constituents are naturally
occurring, do not pose a risk to human
health and the environment, and are
stable or decreasing in concentration.
Response Actions
With the implementation of the OU1
remedy, an additional 1,600 tons of soil
and sludge, 1,300 cubic yards of
polychlorinated biphenyl (PCB)contaminated soil, and a process
building with contaminated equipment
were removed from the Site. The soils
remaining on site were sampled and
analyzed prior to placing clean fill over
the area. All compounds analyzed for,
including PCBs, were at non-detectable
limits. Only phenols and benzoic acid
were detected in two pocket areas, but
the detected levels were below action
levels. Soil and sediment action levels
in the 1985 EDD for OU1 remain
protective. Any remaining residual soil
or sediment contamination are at levels
comparable to concentrations found
naturally in the environment and do not
present any environmental or public
health risks. The entire area was then
filled with clean soil, graded, and
vegetated.
The groundwater monitoring program
was agreed to by the Consenting
Defendants in 1988 and documented in
the August 1988 Remedial Action Plan
as required by the August 14, 1986 EDD
for OU2. EPA approved the design,
including plans and specifications for
well placement, project health and
safety plan, and quality assurance
project plan in May 1990. Well
construction was completed, and a final
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inspection was conducted on July 9,
1990.
EPA signed the Preliminary Close-Out
Report, documenting that all
construction activities for the final
operable unit at the Site had been
completed on September 24, 1992. In
2000, as part of the institutional controls
requirements for the Site, Cumberland
County and the Village of Greenup
adopted ordinances restricting
groundwater use on approximately 68
acres that include the A & F Material
Reclaiming Site and some surrounding
areas. The ordinances were intended to
prevent contact and use of the
contaminated groundwater at and near
the Site until groundwater quality
reaches safe levels, in accordance with
the 1986 EDD for OU2.
With the signing of the May 24, 2010
ESD, all groundwater cleanup levels
have been attained and groundwater
monitoring is no longer required. The
1986 EDD for OU2 specified that
‘‘institutional controls will be required
until groundwater quality returns to
background levels or below the State
and Federal criteria shown in Table 2’’
(Table 1). Because groundwater cleanup
levels have been attained, EPA no
longer requires that institutional
controls be maintained at the Site.
Cleanup Goals
Under the August 1988 Remedial
Action Plan required by the August 14,
1986 EDD for OU2, several additional
monitoring wells were installed and a
few existing wells were abandoned.
Twenty parameters listed in the 1986
EDD for OU2 (Table 1) were to be
periodically monitored until their
concentrations dropped below the
action levels specified in the EDD. The
action levels were based upon MCLs
and secondary MCLs of the Safe
Drinking Water Act. Elimination of a
parameter in a given well could occur
when that parameter had not been
detected above the action limits per the
procedures in the August 1988
Remedial Action Plan.
TABLE 1—CONTAMINANTS OF
CONCERN
[From the 1986 Record of Decision for the A &
F Material Reclaiming Superfund Site]
Contaminant of concern
Trichloroethylene ..........................
Benzene ........................................
Phenolics ......................................
Sulfates .........................................
Nitrates .........................................
Total Dissolved Solids ..................
Oil and Grease .............................
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Action
level
(mg/l)
0.005
0.005
0.001
250
10
500
0.1
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included the following:
Trichloroethylene, benzene, sulfates,
TDS, oil and grease, copper, silver, zinc,
[From the 1986 Record of Decision for the A &
lead, chromium (+6), barium, thallium,
F Material Reclaiming Superfund Site]
phenolics, total organic halogens,
nitrates, chloride, conductivity, nickel,
Action
Contaminant of concern
level
aluminum, iron, manganese, cadmium,
(mg/l)
and arsenic.
TABLE 1—CONTAMINANTS OF
CONCERN—Continued
Chloride ........................................
Arsenic ..........................................
Barium ..........................................
Cadmium ......................................
Chromium .....................................
Copper ..........................................
Iron ................................................
Lead ..............................................
Manganese ...................................
Nickel ............................................
Silver .............................................
Thallium ........................................
Zinc ...............................................
250
0.05
1
1.01
0.05
1.02
0.3
1.05
0.05
13.4
0.005
0.013
1
Operation and Maintenance
Operation and maintenance activities
are no longer required at this Site.
erowe on DSK2VPTVN1PROD with RULES
Five-Year Reviews
Policy five-year reviews were
completed for the A & F Material
Reclaiming Site on September 27, 2000;
September 29, 2005; and June 30, 2010.
The June 30, 2010 five-year review
concluded that the site remedy was
protective of human health and the
Note: Toxicity, Conductivity, and Aluminum environment. No issues or
were listed but were not given an action level recommendations were identified as
and were not included in the long-term monipart of this review. This five-year review
toring plan.
also concluded that the cleanup goals
Between 1990 and 1999 sixteen of the for soil and groundwater have been
twenty monitoring parameters were
achieved and that hazardous wastes no
eliminated as their concentrations had
longer remain on site that would
dropped below their respective action
prohibit unlimited use or unrestricted
levels. Following the March 1999
exposure. Therefore, five-year reviews
sampling event, only four of the original are no longer required at the A & F
twenty parameters were monitored:
Material Reclaiming Superfund Site.
Iron, manganese, sulfate, and TDS.
Community Involvement
These parameters were eliminated as
site contaminants of concern in the 2010
Public participation activities have
ESD. With the elimination of the four
been satisfied as required in CERCLA
remaining site contaminants of concern, Section 113(k), 42 U.S.C. 9613(k), and
the action levels identified in the 1986
CERCLA Section 117, 42 U.S.C. 9617.
EDD for OU2 for these contaminants are Documents in the deletion docket,
no longer applicable or relevant and
which EPA relied on for
appropriate. Therefore, all groundwater
recommendation of the deletion of this
cleanup levels have been attained and
Site from the NPL, are available to the
groundwater monitoring will no longer
public in the information repositories
be required. Cumberland County and
and at www.regulations.gov.
the Village of Greenup were notified by
Determination That the Site Meets the
EPA in May 2010 that no further
Criteria for Deletion in the NCP
groundwater monitoring will be
required. As noted previously,
The NCP (40 CFR 300.425(e)) states
confirmatory soil sampling has
that a site may be deleted from the NPL
indicated that all compounds sampled
when no further response action is
and analyzed for yielded either nonappropriate. EPA, in consultation with
detectable levels or levels that are still
the State of Illinois, has determined that
below action levels for soil. All
the responsible parties have
monitoring conducted for surface water
implemented all response actions
and sediments in the Embarras River
required, and no further response action
were below sediment action levels and
by responsible parties is appropriate.
surface water quality criteria for all
V. Deletion Action
groundwater parameters listed in the
EDD, as modified by the ESD. The COCs
EPA, with concurrence from the State
that were listed in the 1985 EDD
of Illinois through IEPA, has determined
VerDate Mar<15>2010
15:24 Apr 11, 2012
Jkt 226001
PO 00000
Frm 00034
Fmt 4700
Sfmt 9990
that all appropriate response actions
under CERCLA have been completed.
EPA received concurrence from the
State of Illinois on January 10, 2012.
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 June 11, 2012
unless EPA receives adverse comments
by May 14, 2012. 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 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, and Water supply.
Dated: March 19, 2012.
Susan Hedman,
Regional Administrator Region 5.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by removing ‘‘A & F
Material Reclaiming, Inc.’’, ‘‘Greenup’’,
‘‘IL’’.
■
[FR Doc. 2012–8855 Filed 4–11–12; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\12APR1.SGM
12APR1
Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Rules and Regulations]
[Pages 21870-21874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8855]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-9657-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the A & F Material Reclaiming,
Inc. Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the A & F Material
Reclaiming, Inc. Superfund Site (Site), located in Greenup, Illinois
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 to 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 Illinois, through the
Illinois Environmental Protection Agency (IEPA), because EPA has
determined that all appropriate response actions under CERCLA have been
completed. However, this deletion does not preclude future actions
under Superfund.
DATES: This direct final deletion is effective June 11, 2012 unless EPA
receives adverse comments by May 14, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
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-1983-0002, by one of the following methods:
https://www.regulations.gov: Follow online instructions for
submitting comments.
Email: Gladys Beard, NPL Deletion Process Manager, at
beard.gladys@epa.gov or Janet Pope, Community Involvement Coordinator,
at pope.janet@epa.gov.
Fax: Gladys Beard, NPL Deletion Process Manager, at (312)
697-2077.
Mail: Gladys Beard, NPL Deletion Process Manager, U.S.
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 886-7253; or Janet Pope, Community Involvement
Coordinator,
[[Page 21871]]
U.S. Environmental Protection Agency (SI-7J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312) 353-0628 or (800) 621-8431.
Hand delivery: Janet Pope, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604. Such deliveries are only accepted
during the docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The normal business
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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 https://www.regulations.gov index. Although listed in the index, some
information may not be 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 the hard copy. Publicly available docket materials are available
either electronically at https://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency--Region 5, 77 West
Jackson Boulevard, Chicago, IL 60604. Phone: (312) 353-1063. Hours:
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal
holidays.
Greenup City Clerk's Office, Greenup Municipal Building,
115 Cumberland Avenue, Greenup, IL 62428. Phone: (217) 923-3401. Hours:
Monday through Friday, 7:30 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Gladys Beard, NPL Deletion Process
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312) 353-2315, or beard.gladys@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 5 is publishing this direct final Notice of Deletion of
the A & F Material Reclaiming, Inc. Superfund Site from the National
Priorities List (NPL). 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) 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 300.425(e)(3) of the NCP, sites deleted from the NPL
remain eligible for Fund-financed remedial actions if future conditions
warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective June 11, 2012 unless EPA
receives adverse comments by May 14, 2012. 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. 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 A & F Material Reclaiming,
Inc. 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:
1. Responsible parties or other persons have implemented all
appropriate response actions required;
2. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
3. 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.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
1. EPA consulted with the State of Illinois 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 with 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 IEPA, has concurred on the
deletion of the Site from the NPL.
3. Concurrently with the publication of this direct final Notice of
Deletion, a notice of the availability of the parallel Notice of Intent
to Delete is being published in a major local newspaper, the Times
Courier News, located in Charleston, Illinois. The newspaper notice
announces the 30-day public comment period concerning the Notice
[[Page 21872]]
of Intent to Delete the Site from the NPL.
4. 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 the
Site from the NPL:
Site Background and History
The A & F Material Reclaiming, Inc. Superfund Site (CERCLIS
ID ILD980397079) is located on approximately four acres of
land on the western border of the Village of Greenup, in east-central
Illinois. The Site, which lies on the west side of the village, is
bounded by open farmland and woodland, the local wastewater treatment
plant, and private residences; fairgrounds lie to the southwest. The
Site has a slope toward the Embarras River, which lies about 600 feet
to the north. Drainage from the Site reaches the river by way of a
ditch along a former railroad right-of-way west of the Site and east of
the municipal wastewater treatment plant. The local wastewater
treatment plant has several lagoons and the plant discharges the
treated water into the ditch along the railroad right-of-way.
Three distinct aquifers exit at the Site: Alluvium till, present at
or near ground surface; sand and gravel, present at shallow depths
below ground surface, and bedrock. The shallow aquifer is a poor water
producer and is not used as a source of water supply. However, it does
furnish recharge to the underlying sand and gravel. The alluvium forms
an essentially level surface and contains groundwater at shallow depths
in the range of 8 to 12 feet below grade. According to the measured
water levels, groundwater flow is directed downslope to the west and
north of the Site. No private wells have been found north or west of
the Site. The sand and gravel outwash aquifer is a regionally
significant unit which is present beneath the entire Site and receives
recharge from the overlying alluvium. In the outwash sand and gravel
aquifer, groundwater flow is generally downslope from the highlands
east of the Site, and flow in the level section of the study area is
directed northward toward the Embarras River. Discharge is also
directed toward the Embarras River. The bedrock aquifer is not
significant in the area of the Site. Water contained in the fractured
section of the Pennsylvanian bedrock is present under strong artesian
conditions. Recharge of the bedrock aquifer probably occurs from
overlying units located elsewhere where water levels are higher than
those observed in the study area. Based upon water level data from the
remedial investigation, neither of the unconsolidated aquifers
encountered on-site discharges to the drainage ditch. The lagoons
constructed on site during operation of the facility were excavated
into the unsaturated portion of the alluvial aquifer.
The historic use of the Site has been for industrial purposes.
However, there have not been any industrial activities at the Site
since the facility closed in 1980. The A & F Material Reclaiming
facility began operations in March 1977 as a recycling plant. The
facility processed waste materials such as oil, sludge, caustics, and
sulfuric acid into fuel oil and fire retardant chemicals. There were
numerous violations of the operating permits issued by IEPA. Within a
year of operating, four storage lagoons overflowed, contaminating the
surrounding soil and water drainage pathway to the Embarras River. In
addition, some of the steel storage tanks failed on several occasions,
releasing their contents on the Site. These tanks held mixtures of
waste oils, sludges, spent caustics, spent acids, contaminated water,
and other waster products. Present land use for the surrounding area is
residential, commercial, and recreational (fairgrounds are located
southwest of the Site). Currently no groundwater underlying the Site is
used as a drinking water source.
From December 1980 through December 1982 there were several removal
actions at the Site in which contaminated soils, sediments, tank, and
buildings were removed and disposed off site. These actions included
lowering the level of waste in the lagoons, diking, trenching, and
removing drums and wastes off site. In addition, a temporary cap was
placed over a portion of the consolidated sludge on site.
In December 1982 the Site was included on the Proposed NPL (47 FR
58476). The Site was finalized on the NPL on September 8, 1983 (48 FR
40674). In November 1983 an Initial Remedial Measure was implemented to
address remaining site contaminants in tanks and drums. The remaining
on-site waste included approximately 153,000 gallons of contaminated
liquids in tanks, 16,000 gallons of contaminated oil in tanks, and 20
drums with unknown contents. All tank liquids, oils, and drums were
disposed off site at an approved facility through the Initial Remedial
Measure.
On September 12, 1984, a Partial Consent Decree was entered into by
four of the potentially responsible parties, which outlined a remedial
action plan that included a phased approach for cleaning up the Site.
The first phase included the remedial investigation and the feasibility
study; the second phase was an immediate removal action to address the
threatened release of contaminates from the two lagoons; the third
phase involved removal and disposal of contaminated soils and
sediments, removal and disposal of the building and equipment, final
site grading, air monitoring, and site security; and the final phase of
the remedial action plan involved closure and groundwater monitoring
requirements.
Remedial Investigation and Feasibility Study
The remedial investigation report did not include a formal baseline
risk assessment. Since the lagoon sludge, wastewater, oil, and tank
waste were removed under the Interim Remedial Measure, they posed no
environmental impacts or adverse health effects to the neighboring
community. The primary concerns associated with the Site were from
ingestion or direct contact exposures to the soil, sediment,
groundwater, and surface water. Soils in the area of the tank farm were
contaminated and posed an environmental threat. Several sediment
samples taken from the drainage ditch showed low levels of polynuclear
aromatic hydrocarbons, but sediments from the river did not have any
substantial contamination. Neither the
[[Page 21873]]
drainage ditch nor the river showed any contamination above background
levels.
Data from groundwater monitoring wells showed elevated levels of
sulfate, total dissolved solids (TDS), and oil and grease.
Additionally, several metals were detected at levels higher than
background and in some cases higher than the IEPA standard for
groundwater. Because of the dilution effect between the groundwater and
surface water, it was expected that the contaminated groundwater would
not cause contamination in the river. Also, the planned removal of
contaminated materials from the Site would remove the primary source of
contamination to the groundwater. The remedial investigation concluded
there was a high flow rate through the sand and gravel aquifer, which
would allow for rapid flushing of any residual contaminants.
Selected Remedy
1985 and 1986 Enforcement Decision Document (EDD) Findings:
EPA issued an EDD for Operable Unit 1 (OU1) on June 14, 1985 that
addressed the soil, sediments, building, and equipment. The goal of
this remedy was to remove soils found with contamination above action
levels for site contaminants of concern (COCs) and to remove on-site
buildings in order to protect public health, welfare, and the
environment. The remedy for OU1 included:
All soils, surface and subsurface, contaminated above the
recommended action levels were to be removed and disposed at an off-
site facility;
Facility equipment and building structures were to be
cleaned, dismantled, removed, and disposed at an off-site facility;
Site grading to eliminate ponding;
Maintenance of a vegetative cover to prevent erosion; and
Groundwater monitoring to confirm that no further soil
removal was required.
On August 14, 1986 EPA issued an EDD for Operable Unit 2 (OU2) that
addressed groundwater. The goal of this remedy was to restore
groundwater to below Maximum Concentration Levels (MCLs) in order to
protect public health, welfare, and the environment. The remedy for OU2
included:
Establishing a groundwater monitoring program to test
whether all residual groundwater contamination remaining after the
cleanup would steadily decrease to safe levels by natural dilution and
purging to the Embarras River without causing violation of the water
quality standards of the river;
Establishing adequate institutional controls so that
drinking water wells are not placed in the contaminated groundwater
areas during the period of natural dilution and purging; and
Establishing procedures for regular review of monitoring
data until safe levels are reached or data contradicting the
feasibility study conclusions demonstrates the need to reevaluate the
remedy.
2010 ESD Findings:
On May 24, 2010 an Explanation of Significant Differences (ESD) was
signed by EPA. The purpose of the ESD was to eliminate iron, manganese,
sulfate, and TDS as site contaminants of concern from the groundwater
cleanup remedy selected in the 1986 EDD for OU2. These contaminants
were removed because the action levels for these four parameters are
secondary MCLs, which are non-enforceable guidelines regulating
contaminants that may cause cosmetic or aesthetic effects in drinking
water. Furthermore, review of groundwater data by EPA concluded that
these constituents are naturally occurring, do not pose a risk to human
health and the environment, and are stable or decreasing in
concentration.
Response Actions
With the implementation of the OU1 remedy, an additional 1,600 tons
of soil and sludge, 1,300 cubic yards of polychlorinated biphenyl
(PCB)-contaminated soil, and a process building with contaminated
equipment were removed from the Site. The soils remaining on site were
sampled and analyzed prior to placing clean fill over the area. All
compounds analyzed for, including PCBs, were at non-detectable limits.
Only phenols and benzoic acid were detected in two pocket areas, but
the detected levels were below action levels. Soil and sediment action
levels in the 1985 EDD for OU1 remain protective. Any remaining
residual soil or sediment contamination are at levels comparable to
concentrations found naturally in the environment and do not present
any environmental or public health risks. The entire area was then
filled with clean soil, graded, and vegetated.
The groundwater monitoring program was agreed to by the Consenting
Defendants in 1988 and documented in the August 1988 Remedial Action
Plan as required by the August 14, 1986 EDD for OU2. EPA approved the
design, including plans and specifications for well placement, project
health and safety plan, and quality assurance project plan in May 1990.
Well construction was completed, and a final inspection was conducted
on July 9, 1990.
EPA signed the Preliminary Close-Out Report, documenting that all
construction activities for the final operable unit at the Site had
been completed on September 24, 1992. In 2000, as part of the
institutional controls requirements for the Site, Cumberland County and
the Village of Greenup adopted ordinances restricting groundwater use
on approximately 68 acres that include the A & F Material Reclaiming
Site and some surrounding areas. The ordinances were intended to
prevent contact and use of the contaminated groundwater at and near the
Site until groundwater quality reaches safe levels, in accordance with
the 1986 EDD for OU2.
With the signing of the May 24, 2010 ESD, all groundwater cleanup
levels have been attained and groundwater monitoring is no longer
required. The 1986 EDD for OU2 specified that ``institutional controls
will be required until groundwater quality returns to background levels
or below the State and Federal criteria shown in Table 2'' (Table 1).
Because groundwater cleanup levels have been attained, EPA no longer
requires that institutional controls be maintained at the Site.
Cleanup Goals
Under the August 1988 Remedial Action Plan required by the August
14, 1986 EDD for OU2, several additional monitoring wells were
installed and a few existing wells were abandoned. Twenty parameters
listed in the 1986 EDD for OU2 (Table 1) were to be periodically
monitored until their concentrations dropped below the action levels
specified in the EDD. The action levels were based upon MCLs and
secondary MCLs of the Safe Drinking Water Act. Elimination of a
parameter in a given well could occur when that parameter had not been
detected above the action limits per the procedures in the August 1988
Remedial Action Plan.
Table 1--Contaminants of Concern
[From the 1986 Record of Decision for the A & F Material Reclaiming
Superfund Site]
------------------------------------------------------------------------
Action
Contaminant of concern level (mg/
l)
------------------------------------------------------------------------
Trichloroethylene............................................ 0.005
Benzene...................................................... 0.005
Phenolics.................................................... 0.001
Sulfates..................................................... 250
Nitrates..................................................... 10
Total Dissolved Solids....................................... 500
Oil and Grease............................................... 0.1
[[Page 21874]]
Chloride..................................................... 250
Arsenic...................................................... 0.05
Barium....................................................... 1
Cadmium...................................................... 1.01
Chromium..................................................... 0.05
Copper....................................................... 1.02
Iron......................................................... 0.3
Lead......................................................... 1.05
Manganese.................................................... 0.05
Nickel....................................................... 13.4
Silver....................................................... 0.005
Thallium..................................................... 0.013
Zinc......................................................... 1
------------------------------------------------------------------------
Note: Toxicity, Conductivity, and Aluminum were listed but were not
given an action level and were not included in the long-term
monitoring plan.
Between 1990 and 1999 sixteen of the twenty monitoring parameters
were eliminated as their concentrations had dropped below their
respective action levels. Following the March 1999 sampling event, only
four of the original twenty parameters were monitored: Iron, manganese,
sulfate, and TDS. These parameters were eliminated as site contaminants
of concern in the 2010 ESD. With the elimination of the four remaining
site contaminants of concern, the action levels identified in the 1986
EDD for OU2 for these contaminants are no longer applicable or relevant
and appropriate. Therefore, all groundwater cleanup levels have been
attained and groundwater monitoring will no longer be required.
Cumberland County and the Village of Greenup were notified by EPA in
May 2010 that no further groundwater monitoring will be required. As
noted previously, confirmatory soil sampling has indicated that all
compounds sampled and analyzed for yielded either non-detectable levels
or levels that are still below action levels for soil. All monitoring
conducted for surface water and sediments in the Embarras River were
below sediment action levels and surface water quality criteria for all
groundwater parameters listed in the EDD, as modified by the ESD. The
COCs that were listed in the 1985 EDD included the following:
Trichloroethylene, benzene, sulfates, TDS, oil and grease, copper,
silver, zinc, lead, chromium (+6), barium, thallium, phenolics, total
organic halogens, nitrates, chloride, conductivity, nickel, aluminum,
iron, manganese, cadmium, and arsenic.
Operation and Maintenance
Operation and maintenance activities are no longer required at this
Site.
Five-Year Reviews
Policy five-year reviews were completed for the A & F Material
Reclaiming Site on September 27, 2000; September 29, 2005; and June 30,
2010. The June 30, 2010 five-year review concluded that the site remedy
was protective of human health and the environment. No issues or
recommendations were identified as part of this review. This five-year
review also concluded that the cleanup goals for soil and groundwater
have been achieved and that hazardous wastes no longer remain on site
that would prohibit unlimited use or unrestricted exposure. Therefore,
five-year reviews are no longer required at the A & F Material
Reclaiming Superfund Site.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42
U.S.C. 9617. Documents in the deletion docket, which EPA relied on for
recommendation of the deletion of this Site from the NPL, are available
to the public in the information repositories and at
www.regulations.gov.
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP (40 CFR 300.425(e)) states that a site may be deleted from
the NPL when no further response action is appropriate. EPA, in
consultation with the State of Illinois, has determined that the
responsible parties have implemented all response actions required, and
no further response action by responsible parties is appropriate.
V. Deletion Action
EPA, with concurrence from the State of Illinois through IEPA, has
determined that all appropriate response actions under CERCLA have been
completed. EPA received concurrence from the State of Illinois on
January 10, 2012. 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 June 11, 2012 unless EPA receives adverse comments by May
14, 2012. 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 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, and Water supply.
Dated: March 19, 2012.
Susan Hedman,
Regional Administrator Region 5.
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.
0
2. Table 1 of Appendix B to part 300 is amended by removing ``A & F
Material Reclaiming, Inc.'', ``Greenup'', ``IL''.
[FR Doc. 2012-8855 Filed 4-11-12; 8:45 am]
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