National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of the Kerr-McGee Sewage Treatment Plant Superfund Site, 11589-11593 [2013-03595]

Download as PDF Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations List of Subjects in 40 CFR Part 98 Environmental Protection, Administrative practice and procedures, Air pollution control, Greenhouse gases, Monitoring, Reporting and recordkeeping requirements. § 98.234 Monitoring and QA/QC requirements. automatically use best available monitoring method through June 30, 2012, for the specific parameters identified in their notification of intent and best available monitoring methods request regardless of whether the best available monitoring methods request is ultimately approved. Owners or operators that submit a notice of intent but do not follow up with a best available monitoring methods request by March 30, 2012 cannot use best available monitoring methods in 2012. For 2012, when an owner or operator has submitted a notice of intent and a subsequent best available monitoring method extension request, use of best available monitoring methods will be valid, upon approval by the Administrator, until the date indicated in the approval or until December 31, 2012, whichever is earlier. For reporting years after 2012, a new request to use best available monitoring methods must be submitted by June 30th of the year prior to the reporting year for which use of best available monitoring methods is sought. * * * * * * [FR Doc. 2013–03469 Filed 2–15–13; 8:45 am] by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. Dated: February 6, 2013. Lisa P. Jackson, Administrator. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations For the reasons discussed in the preamble, title 40, chapter I, of the Code of Federal Regulations is amended as follows: Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment because it is a rule addressing information collection and reporting procedures. PART 98—MANDATORY GREENHOUSE GAS REPORTING sroberts on DSK5SPTVN1PROD with RULES K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and the required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the U.S. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule is effective on April 22, 2013 without further notice, unless the EPA receives adverse comment by March 21, 2013. If the EPA receives adverse comment by March 21, 2013, the EPA will publish a timely withdrawal notice in the Federal Register to inform the public that this rule will not take effect. VerDate Mar<15>2010 15:41 Feb 15, 2013 Jkt 229001 11589 1. The authority citation for part 98 continues to read as follows: ■ Authority: 42 U.S.C. 7401–7671q. Subpart W—[Amended] 2. Section 98.234 is amended by revising paragraph (f)(8)(i) to read as follows: ■ * * * * (f) * * * (8) * * * (i) Timing of request. EPA does not anticipate a need for best available monitoring methods beyond 2011, but for all reporting years after 2011, best available monitoring methods will be considered for unique or unusual circumstances which include data collection methods that do not meet safety regulations, technical infeasibility, or counter to other local, State, or Federal regulations. For use of best available monitoring methods in 2012, an initial notice of intent to request best available monitoring methods must be submitted by December 31, 2011. Any notice of intent submitted prior to April 22, 2013 cannot be used to meet this December 31, 2011 deadline; a new notice of intent must be signed and submitted by the designated representative. In addition to the initial notification of intent, owners or operators must also submit an extension request containing the information specified in paragraph (f)(8)(ii) of this section by March 30, 2012. Any best available monitoring methods request submitted prior to April 22, 2013 cannot be used to meet the March 30, 2012 deadline; a new best available monitoring methods request must be signed and submitted by the designated representative. Owners or operators that submit both a timely notice of intent and extension request consistent with paragraph (f)(8)(ii) of this section can PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1990–0011; FRL–9780–6] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of the KerrMcGee Sewage Treatment Plant Superfund Site Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The U.S. Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of the Kerr-McGee Sewage Treatment Plant Superfund Site (Site) located in West Chicago, 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 SUMMARY: E:\FR\FM\19FER1.SGM 19FER1 sroberts on DSK5SPTVN1PROD with RULES 11590 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 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 April 22, 2013 unless EPA receives adverse comments by March 21, 2013. 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–1990–0011, by one of the following methods: • https://www.regulations.gov. Follow on-line instructions for submitting comments. • Email: Timothy Fischer, Remedial Project Manager, at timothy.fischer@epa.gov or Janet Pope, Community Involvement Coordinator, at pope.janet@epa.gov. • Fax: Gladys Beard, NPL Deletion Process Manager at (312) 886–4071. • Mail: Timothy Fischer, Remedial Project Manager, U.S. Environmental Protection Agency (SR–6J), 77 West Jackson Boulevard, Chicago, IL 60604, (312) 886–5787, or Janet Pope, Community Involvement Coordinator, 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. CST, excluding federal holidays. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1990– 0011. 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 VerDate Mar<15>2010 15:41 Feb 15, 2013 Jkt 229001 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. CST, excluding federal holidays. • West Chicago Public Library, 118 West Washington Street, West Chicago, IL 60185, Phone: (630) 231–1552, Hours: Monday through Thursday, 9:00 a.m. to 9:00 p.m. CST; Friday and Saturday, 9:00 a.m. to 5:00 p.m. CST; and Sundays until May, 1:00 p.m. to 5:00 p.m. CST. FOR FURTHER INFORMATION CONTACT: Timothy Fischer, Remedial Project Manager, U.S. Environmental Protection Agency (SR–6J), 77 West Jackson Boulevard, Chicago, IL 60604, (312) 886–5787, or fischer.timothy@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 KerrMcGee Sewage Treatment Plant Superfund Site (Kerr-McGee STP Site) PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 April 22, 2013 unless EPA receives adverse comments by March 21, 2013. 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 30day 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 Kerr-McGee STP 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; E:\FR\FM\19FER1.SGM 19FER1 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES 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) 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 thirty (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 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 Daily Herald.’’ The newspaper notice announces the 30-day public comment period concerning the Notice 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 VerDate Mar<15>2010 15:41 Feb 15, 2013 Jkt 229001 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 Kerr-McGee STP Site is located in West Chicago, DuPage County, Illinois, and is comprised of the West Chicago Sewage Treatment Plant and approximately 1.2 miles of the West Branch DuPage River. The Site property and the sediments, banks and floodplain soils along the river were contaminated with radioactive thorium waste materials that originated at a thorium milling facility in West Chicago known as the Rare Earths Facility (REF). West Chicago is located approximately 30 miles west of downtown Chicago, has a population of approximately 27,086 (2010 census), and is characterized as suburban, with primarily high-density, single-family residential housing. The STP property is owned and operated by the City of West Chicago and is located at Illinois Routes 59 and 38 at Sarana Drive. The West Branch DuPage River is located along the eastern edge of the STP property and flows south through forest preserve and residential properties. The STP site extends as far south as the river’s confluence with Kress Creek; all areas of the river south of that point are included as part of the Kerr-McGee Kress Creek/West Branch DuPage River Site, a related site in the West Chicago area. The REF, operated by Lindsay Light and Chemical Company and its successors from 1932 until 1973, produced radioactive elements such as thorium, radium and uranium, along with gas lantern mantles, by extracting the elements from monazite sands and other ores. These operations resulted in the generation of radioactive mill tailings. Radioactive ore, tailings and process wastes from the REF were used at the STP property as fill material and to contour grounds, and also were used PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 11591 as fill along portions of the riverbank. Over time, some of the contaminated materials located on the STP property and along the riverbank entered the river through erosion and surface water runoff and were deposited downstream in sediments, banks and flood plain soils. Kerr-McGee purchased the REF in 1967 and maintained operations until closing the facility in 1973. EPA proposed the STP site to the National Priorities List (NPL) on October 15, 1984 (49 FR 40320), and added it to the final list on August 30, 1990 (55 FR 35502). In 1985, KerrMcGee entered into an agreement with the City of West Chicago under which Kerr-McGee conducted cleanup activities at the STP property, removing an estimated 57,000 cubic yards of material from the site during 1986 and 1987. Contaminated materials were left behind in certain areas of the STP property and along the riverbank, and the 1.2 mile stretch of the river was not addressed by the City’s agreement with Kerr-McGee. No other removal actions were taken at the site until the EPA required the time-critical removal action discussed below. Currently, there are no redevelopment plans for the STP site. Remedial Investigation and Feasibility Study EPA began a fund-lead remedial investigation/feasibility study (RI/FS) at the STP site in 1992. EPA’s RI was designed to (1) identify areas of the STP property where residual contamination was left behind during the mid-1980s cleanup, and (2) fully investigate the nature and extent of contamination in the river. During settlement negotiations with Kerr-McGee, a potentially responsible party (PRP), associated with this site and three other related NPL sites in the West Chicago area, KerrMcGee agreed to take over the completion of the RI/FS and to conduct a time-critical removal action at the STP property. EPA then divided the STP site into two operable units: An Upland Operable Unit (STP Upland OU) consisting of the STP property, and a second OU, consisting of the riverbank along the STP property and the 1.2 mile stretch of the West Branch DuPage River from the STP property to the confluence with Kress Creek (STP River OU). On October 7, 2003, EPA signed an action memorandum for a time-critical removal action at the STP Upland OU, and on October 16, 2003, EPA entered into an administrative order on consent (AOC) in which Kerr-McGee agreed to conduct the removal action. The selected removal action included excavation and offsite disposal of E:\FR\FM\19FER1.SGM 19FER1 sroberts on DSK5SPTVN1PROD with RULES 11592 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations materials contaminated with radiation until predetermined verification points based upon relevant and appropriate state and federal regulations were achieved. The predetermined verification points, consisting of specified depths/elevations at numerous points across the STP property, were based on extensive site characterization data and were designed to remove materials that had been identified during site characterization activities as exceeding 7.2 picoCuries per gram (pCi/ g) combined radium. (The relevant and appropriate state and federal regulations include a health-based surface soil standard of 5 pCi/g above background, and background in the West Chicago area was determined to be 2.2 pCi/g.) The selected removal action also included backfilling and restoring the excavated areas of the site. Kerr-McGee began on-site removal action work at the STP Upland OU in October 2003. On November 21, 2003, EPA signed an AOC with Kerr-McGee under which they agreed to complete the RI/FS at the STP site. Kerr-McGee completed the RI and FS reports, and EPA completed the human health and ecological risk assessment reports. Human health risks that were identified above protective levels include soil ingestion and inhalation (non-Radon) risks to maintenance workers and radon inhalation risks to future residential users at the Upland OU. At the STP River OU, residential risks to radon inhalation and recreational risks to fish ingestion were found to be above a protective level. For the ecological risk assessment, chemical and radiation effects were assessed at both OUs. EPA determined that potential risks to environmental receptors would be minimized or eliminated by the cleanup actions taken at the site. Kerr-McGee completed most of the on-site removal action work at the STP Upland OU during 2004. A total of 6,557 loose cubic yards of contaminated soil was removed from the site. Because portions of the STP property were used to support remedial action work at the STP River OU, final restoration activities could not be completed at the Upland OU until 2006. EPA and the State conducted a pre-final inspection of the removal action work at the STP Upland OU on August 8, 2006 and determined that Kerr-McGee had constructed the remedy in accordance with the removal action plans and specifications. One minor item was identified during the pre-final inspection; regrading and reseeding of a small area around a storm inlet manhole—and that action was completed by August 11, 2006. VerDate Mar<15>2010 15:41 Feb 15, 2013 Jkt 229001 In accordance with the AOC for the STP Upland OU, on September 12, 2006, Kerr-McGee prepared and submitted a final removal action report to EPA for review and approval. EPA approved the removal action report and issued a Notice of Completion of activities required by the AOC on August 12, 2008. The cost of the timecritical removal action at the STP Upland OU reported in the final removal action report was $3.15 million. Record of Decision Findings On September 30, 2004, EPA signed a Record of Decision (ROD) for the STP Site. The ROD for the STP Site addressed both the Upland OU and the River OU and identified the following remedial action objectives (RAOs) for the site: • Reduce risks to human health and the environment presented by sediments and soils containing elevated levels of total radium by reducing soil concentration to levels that are consistent with the requirements outlined in 40 CFR part 192 (the regulations implementing the Uranium Mill Tailings Radiation Control Act) and Illinois Source Material Milling Regulations; and • Mitigate, to the extent practicable, potential adverse effects to the environment as a result of implementation of remedial activities at the site. For the STP Upland OU, the ROD selected no further action after completion of the ongoing time-critical removal action at that portion of the site. For the STP River OU, the ROD selected the following remedy: • Excavation and off-site disposal of contaminated soils and sediments from the site using mechanical ‘‘dry excavation’’ techniques. Contaminated materials are those materials within predefined excavation envelopes based on extensive site characterization activities that identified materials exceeding 7.2 pCi/g; • Mitigation and restoration activities to restore aquatic and terrestrial areas of the site, including revegetation of appropriate areas and stabilization of stream banks; • Monitoring and maintenance of restored areas to assess the effectiveness of stabilization and revegetation measures. Similar to the removal action at the STP Upland OU, the cleanup at the STP River OU included excavation of materials contaminated with radiation until predetermined verification points were achieved. The predetermined verification points, consisting of specified depths/elevations at numerous PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 points, were based on extensive site characterization data and were designed to remove materials that had been identified as exceeding 7.2 pCi/g. The ROD specified that the selected remedy for the site is protective of human health and the environment and will not result in hazardous substances, pollutants or contaminants remaining on-site above levels that allow for unlimited use and unrestricted exposure. As a result, institutional controls are not required for the Site. In a 2005 federal consent decree with the United States, EPA, Department of Interior, and the State of Illinois, KerrMcGee agreed to perform the remedial design/remedial action (RD/RA) at the STP River OU and to complete the removal action at the STP Upland OU in accordance with the AOC for that portion of the site. Kerr-McGee conducted the RD for the STP River OU as required by the ROD, and the STP River OU was divided into two discreet ‘‘Reaches’’ for design and construction purposes. Reach 5A comprises the northern portion of the STP River OU, and extends from the STP property to Gary’s Mill Road. Reach 5B comprises the southern portion of the STP River OU and extends from Gary’s Mill Road to the river’s confluence with Kress Creek. On-site remedial action construction work began in Reach 5A on November 1, 2004, after EPA conditionally approved the remedial design for a portion of that reach. Remedial action work continued in Reaches 5A and 5B of the site during portions of 2005 and 2006. The sequencing of work at the STP River OU depended on Kerr-McGee’s progress conducting remedial action work at the related Kerr-McGee Kress Creek site. Kerr-McGee conducted remedial activities at the STP River OU as planned. Reach 5A of the site was cleaned up using dry excavation methods. Individual excavation areas located along the river bank and/or in the river corridor were isolated with ‘‘super sac’’ or sandbag enclosures, and the area within each enclosure was then dewatered so that excavation and restoration work could proceed in relatively dry conditions. A total of 1,432 loose cubic yards of contaminated soil and sediment was removed from Reach 5A. EPA and the State conducted a pre-final inspection of the remedial action work in Reach 5A on August 8, 2006, and determined that Kerr-McGee constructed the remedy for that portion of the site in accordance with the RD plans and specifications. Minor items were identified during the pre-final inspection, which included completing E:\FR\FM\19FER1.SGM 19FER1 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES several plantings and removing some silt fence, and these were completed by August 11, 2006. Dry excavation of Reach 5B of the site was accomplished by using a pump bypass and dewatering system which (1) Isolated the entire reach with sheet pile diversion and backflow dams, (2) diverted the flow of the West Branch DuPage River through a 48″ bypass pipe, and (3) used dewatering sumps within the Reach to control groundwater in the excavation areas. All excavation work associated with the removal of contaminated materials was completed by September 9, 2006, and all contaminated materials were shipped off-site by September 20, 2006. The pump bypass system remained in operation to complete bank stabilization activities and in-stream habitat enhancements in dry conditions. Under a separate consent decree between KerrMcGee and the local communities, KerrMcGee was required to conduct additional habitat enhancement activities that were not required by the 2005 federal consent decree. These additional activities necessitated the pump bypass system operating for a longer period of time than would have been required to achieve the requirements of the ROD and the 2005 federal consent decree. EPA and the State conducted a prefinal inspection of the remedial action work in Reach 5B on September 29, 2006, and determined that Kerr-McGee constructed the remedy for that portion of the site in accordance with the RD plans and specifications. Cleanup Goals Contaminated areas at the Kerr-McGee STP site were identified by the installation of hundreds of soil and sediment borings where gamma radiation logging was conducted to determine the lateral and vertical extent of contamination. To verify that the cleanup goals were achieved at the STP Upland OU, confirmatory soil samples were collected and the results were documented in the Final Removal Action Report, dated September 12, 2006. Compliance with the 7.2 pCi/g cleanup standard in the STP River OU was determined using field surveys to verify that excavation in the river and flood plain had achieved the identified elevations and lateral extent where contamination was deposited. In accordance with the 2005 federal consent decree, the extensive excavation and radiation logging, and the field surveys document the successful completion of the remedial action and show that verification soil samples are not necessary. In addition, the 7.2 pCi/ VerDate Mar<15>2010 15:41 Feb 15, 2013 Jkt 229001 g cleanup standard at the River OU is a residential cleanup number which represents a conservative standard for the reasonably anticipated uses of the River area. Operation and Maintenance There are no remaining operation and maintenance requirements for the KerrMcGee STP Site. All response activities are complete and all physical components of the response have been removed. Five-Year Review Hazardous substances will not remain at the site above levels that allow unlimited use and unrestricted exposure after the completion of the remedial action. Pursuant to CERCLA section 121(c), and as provided in the current guidance on Five Year Reviews: OSWER Directive 9355.7–03B–P, Comprehensive Five-Year Review Guidance, June 2001, five-year reviews are not required for this 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 all required response actions have been implemented and no further response action by the responsible parties is appropriate. V. Deletion Action EPA, with concurrence from the State of Illinois through the Illinois Environmental Protection Agency, has determined that all appropriate response actions under CERCLA 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 April 22, 2013 unless EPA receives adverse comments by March 21, 2013. 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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 11593 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, Radiation protection, Radionuclides, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: January 28, 2013. 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. Appendix B—[Amended] 2. Table 1 of Appendix B to part 300 is amended by removing ‘‘Kerr-McGee (Sewage Treatment Plant)’’, ‘‘West Chicago’’, ‘‘IL’’. ■ [FR Doc. 2013–03595 Filed 2–15–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 771 Federal Transit Administration 49 CFR Part 622 [Docket No. FHWA–2012–0092] FHWA RIN 2125–AF46 FTA RIN 2132–AB04 Environmental Impact and Related Procedures Federal Highway Administration, Federal Transit Administration, DOT. ACTION: Final rule. AGENCY: This final rule amends the Federal Highway Administration (FHWA) and Federal Transit SUMMARY: E:\FR\FM\19FER1.SGM 19FER1

Agencies

[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11589-11593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03595]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9780-6]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List: Deletion of the Kerr-McGee Sewage Treatment 
Plant Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of the Kerr-McGee Sewage 
Treatment Plant Superfund Site (Site) located in West Chicago, 
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

[[Page 11590]]

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 April 22, 2013 unless 
EPA receives adverse comments by March 21, 2013. 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-1990-0011, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: Timothy Fischer, Remedial Project Manager, at 
timothy.fischer@epa.gov or Janet Pope, Community Involvement 
Coordinator, at pope.janet@epa.gov.
     Fax: Gladys Beard, NPL Deletion Process Manager at (312) 
886-4071.
     Mail: Timothy Fischer, Remedial Project Manager, U.S. 
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard, 
Chicago, IL 60604, (312) 886-5787, or Janet Pope, Community Involvement 
Coordinator, 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. CST, excluding 
federal holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1990-0011. 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. CST, excluding federal 
holidays.
     West Chicago Public Library, 118 West Washington Street, 
West Chicago, IL 60185, Phone: (630) 231-1552, Hours: Monday through 
Thursday, 9:00 a.m. to 9:00 p.m. CST; Friday and Saturday, 9:00 a.m. to 
5:00 p.m. CST; and Sundays until May, 1:00 p.m. to 5:00 p.m. CST.

FOR FURTHER INFORMATION CONTACT: Timothy Fischer, Remedial Project 
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, (312) 886-5787, or 
fischer.timothy@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 Kerr-McGee Sewage Treatment Plant Superfund Site (Kerr-McGee STP 
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 April 22, 2013 unless EPA 
receives adverse comments by March 21, 2013. 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 Kerr-McGee STP 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;

[[Page 11591]]

    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) 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 thirty (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 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 
Daily Herald.'' The newspaper notice announces the 30-day public 
comment period concerning the Notice 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 Kerr-McGee STP Site is located in West Chicago, DuPage County, 
Illinois, and is comprised of the West Chicago Sewage Treatment Plant 
and approximately 1.2 miles of the West Branch DuPage River. The Site 
property and the sediments, banks and floodplain soils along the river 
were contaminated with radioactive thorium waste materials that 
originated at a thorium milling facility in West Chicago known as the 
Rare Earths Facility (REF). West Chicago is located approximately 30 
miles west of downtown Chicago, has a population of approximately 
27,086 (2010 census), and is characterized as suburban, with primarily 
high-density, single-family residential housing. The STP property is 
owned and operated by the City of West Chicago and is located at 
Illinois Routes 59 and 38 at Sarana Drive. The West Branch DuPage River 
is located along the eastern edge of the STP property and flows south 
through forest preserve and residential properties. The STP site 
extends as far south as the river's confluence with Kress Creek; all 
areas of the river south of that point are included as part of the 
Kerr-McGee Kress Creek/West Branch DuPage River Site, a related site in 
the West Chicago area.
    The REF, operated by Lindsay Light and Chemical Company and its 
successors from 1932 until 1973, produced radioactive elements such as 
thorium, radium and uranium, along with gas lantern mantles, by 
extracting the elements from monazite sands and other ores. These 
operations resulted in the generation of radioactive mill tailings. 
Radioactive ore, tailings and process wastes from the REF were used at 
the STP property as fill material and to contour grounds, and also were 
used as fill along portions of the riverbank. Over time, some of the 
contaminated materials located on the STP property and along the 
riverbank entered the river through erosion and surface water runoff 
and were deposited downstream in sediments, banks and flood plain 
soils. Kerr-McGee purchased the REF in 1967 and maintained operations 
until closing the facility in 1973.
    EPA proposed the STP site to the National Priorities List (NPL) on 
October 15, 1984 (49 FR 40320), and added it to the final list on 
August 30, 1990 (55 FR 35502). In 1985, Kerr-McGee entered into an 
agreement with the City of West Chicago under which Kerr-McGee 
conducted cleanup activities at the STP property, removing an estimated 
57,000 cubic yards of material from the site during 1986 and 1987.
    Contaminated materials were left behind in certain areas of the STP 
property and along the riverbank, and the 1.2 mile stretch of the river 
was not addressed by the City's agreement with Kerr-McGee. No other 
removal actions were taken at the site until the EPA required the time-
critical removal action discussed below. Currently, there are no 
redevelopment plans for the STP site.

Remedial Investigation and Feasibility Study

    EPA began a fund-lead remedial investigation/feasibility study (RI/
FS) at the STP site in 1992. EPA's RI was designed to (1) identify 
areas of the STP property where residual contamination was left behind 
during the mid-1980s cleanup, and (2) fully investigate the nature and 
extent of contamination in the river. During settlement negotiations 
with Kerr-McGee, a potentially responsible party (PRP), associated with 
this site and three other related NPL sites in the West Chicago area, 
Kerr-McGee agreed to take over the completion of the RI/FS and to 
conduct a time-critical removal action at the STP property. EPA then 
divided the STP site into two operable units: An Upland Operable Unit 
(STP Upland OU) consisting of the STP property, and a second OU, 
consisting of the riverbank along the STP property and the 1.2 mile 
stretch of the West Branch DuPage River from the STP property to the 
confluence with Kress Creek (STP River OU).
    On October 7, 2003, EPA signed an action memorandum for a time-
critical removal action at the STP Upland OU, and on October 16, 2003, 
EPA entered into an administrative order on consent (AOC) in which 
Kerr-McGee agreed to conduct the removal action. The selected removal 
action included excavation and offsite disposal of

[[Page 11592]]

materials contaminated with radiation until predetermined verification 
points based upon relevant and appropriate state and federal 
regulations were achieved. The predetermined verification points, 
consisting of specified depths/elevations at numerous points across the 
STP property, were based on extensive site characterization data and 
were designed to remove materials that had been identified during site 
characterization activities as exceeding 7.2 picoCuries per gram (pCi/
g) combined radium. (The relevant and appropriate state and federal 
regulations include a health-based surface soil standard of 5 pCi/g 
above background, and background in the West Chicago area was 
determined to be 2.2 pCi/g.) The selected removal action also included 
backfilling and restoring the excavated areas of the site. Kerr-McGee 
began on-site removal action work at the STP Upland OU in October 2003.
    On November 21, 2003, EPA signed an AOC with Kerr-McGee under which 
they agreed to complete the RI/FS at the STP site. Kerr-McGee completed 
the RI and FS reports, and EPA completed the human health and 
ecological risk assessment reports. Human health risks that were 
identified above protective levels include soil ingestion and 
inhalation (non-Radon) risks to maintenance workers and radon 
inhalation risks to future residential users at the Upland OU. At the 
STP River OU, residential risks to radon inhalation and recreational 
risks to fish ingestion were found to be above a protective level. For 
the ecological risk assessment, chemical and radiation effects were 
assessed at both OUs. EPA determined that potential risks to 
environmental receptors would be minimized or eliminated by the cleanup 
actions taken at the site.
    Kerr-McGee completed most of the on-site removal action work at the 
STP Upland OU during 2004. A total of 6,557 loose cubic yards of 
contaminated soil was removed from the site. Because portions of the 
STP property were used to support remedial action work at the STP River 
OU, final restoration activities could not be completed at the Upland 
OU until 2006. EPA and the State conducted a pre-final inspection of 
the removal action work at the STP Upland OU on August 8, 2006 and 
determined that Kerr-McGee had constructed the remedy in accordance 
with the removal action plans and specifications. One minor item was 
identified during the pre-final inspection; regrading and reseeding of 
a small area around a storm inlet manhole--and that action was 
completed by August 11, 2006.
    In accordance with the AOC for the STP Upland OU, on September 12, 
2006, Kerr-McGee prepared and submitted a final removal action report 
to EPA for review and approval. EPA approved the removal action report 
and issued a Notice of Completion of activities required by the AOC on 
August 12, 2008. The cost of the time-critical removal action at the 
STP Upland OU reported in the final removal action report was $3.15 
million.

Record of Decision Findings

    On September 30, 2004, EPA signed a Record of Decision (ROD) for 
the STP Site. The ROD for the STP Site addressed both the Upland OU and 
the River OU and identified the following remedial action objectives 
(RAOs) for the site:
     Reduce risks to human health and the environment presented 
by sediments and soils containing elevated levels of total radium by 
reducing soil concentration to levels that are consistent with the 
requirements outlined in 40 CFR part 192 (the regulations implementing 
the Uranium Mill Tailings Radiation Control Act) and Illinois Source 
Material Milling Regulations; and
     Mitigate, to the extent practicable, potential adverse 
effects to the environment as a result of implementation of remedial 
activities at the site.
    For the STP Upland OU, the ROD selected no further action after 
completion of the ongoing time-critical removal action at that portion 
of the site. For the STP River OU, the ROD selected the following 
remedy:
     Excavation and off-site disposal of contaminated soils and 
sediments from the site using mechanical ``dry excavation'' techniques. 
Contaminated materials are those materials within pre-defined 
excavation envelopes based on extensive site characterization 
activities that identified materials exceeding 7.2 pCi/g;
     Mitigation and restoration activities to restore aquatic 
and terrestrial areas of the site, including revegetation of 
appropriate areas and stabilization of stream banks;
     Monitoring and maintenance of restored areas to assess the 
effectiveness of stabilization and revegetation measures.
    Similar to the removal action at the STP Upland OU, the cleanup at 
the STP River OU included excavation of materials contaminated with 
radiation until predetermined verification points were achieved. The 
predetermined verification points, consisting of specified depths/
elevations at numerous points, were based on extensive site 
characterization data and were designed to remove materials that had 
been identified as exceeding 7.2 pCi/g.
    The ROD specified that the selected remedy for the site is 
protective of human health and the environment and will not result in 
hazardous substances, pollutants or contaminants remaining on-site 
above levels that allow for unlimited use and unrestricted exposure. As 
a result, institutional controls are not required for the Site.
    In a 2005 federal consent decree with the United States, EPA, 
Department of Interior, and the State of Illinois, Kerr-McGee agreed to 
perform the remedial design/remedial action (RD/RA) at the STP River OU 
and to complete the removal action at the STP Upland OU in accordance 
with the AOC for that portion of the site. Kerr-McGee conducted the RD 
for the STP River OU as required by the ROD, and the STP River OU was 
divided into two discreet ``Reaches'' for design and construction 
purposes. Reach 5A comprises the northern portion of the STP River OU, 
and extends from the STP property to Gary's Mill Road. Reach 5B 
comprises the southern portion of the STP River OU and extends from 
Gary's Mill Road to the river's confluence with Kress Creek. On-site 
remedial action construction work began in Reach 5A on November 1, 
2004, after EPA conditionally approved the remedial design for a 
portion of that reach. Remedial action work continued in Reaches 5A and 
5B of the site during portions of 2005 and 2006. The sequencing of work 
at the STP River OU depended on Kerr-McGee's progress conducting 
remedial action work at the related Kerr-McGee Kress Creek site. Kerr-
McGee conducted remedial activities at the STP River OU as planned.
    Reach 5A of the site was cleaned up using dry excavation methods. 
Individual excavation areas located along the river bank and/or in the 
river corridor were isolated with ``super sac'' or sandbag enclosures, 
and the area within each enclosure was then dewatered so that 
excavation and restoration work could proceed in relatively dry 
conditions. A total of 1,432 loose cubic yards of contaminated soil and 
sediment was removed from Reach 5A. EPA and the State conducted a pre-
final inspection of the remedial action work in Reach 5A on August 8, 
2006, and determined that Kerr-McGee constructed the remedy for that 
portion of the site in accordance with the RD plans and specifications. 
Minor items were identified during the pre-final inspection, which 
included completing

[[Page 11593]]

several plantings and removing some silt fence, and these were 
completed by August 11, 2006.
    Dry excavation of Reach 5B of the site was accomplished by using a 
pump bypass and dewatering system which (1) Isolated the entire reach 
with sheet pile diversion and backflow dams, (2) diverted the flow of 
the West Branch DuPage River through a 48'' bypass pipe, and (3) used 
dewatering sumps within the Reach to control groundwater in the 
excavation areas. All excavation work associated with the removal of 
contaminated materials was completed by September 9, 2006, and all 
contaminated materials were shipped off-site by September 20, 2006. The 
pump bypass system remained in operation to complete bank stabilization 
activities and in-stream habitat enhancements in dry conditions. Under 
a separate consent decree between Kerr-McGee and the local communities, 
Kerr-McGee was required to conduct additional habitat enhancement 
activities that were not required by the 2005 federal consent decree. 
These additional activities necessitated the pump bypass system 
operating for a longer period of time than would have been required to 
achieve the requirements of the ROD and the 2005 federal consent 
decree.
    EPA and the State conducted a pre-final inspection of the remedial 
action work in Reach 5B on September 29, 2006, and determined that 
Kerr-McGee constructed the remedy for that portion of the site in 
accordance with the RD plans and specifications.

Cleanup Goals

    Contaminated areas at the Kerr-McGee STP site were identified by 
the installation of hundreds of soil and sediment borings where gamma 
radiation logging was conducted to determine the lateral and vertical 
extent of contamination. To verify that the cleanup goals were achieved 
at the STP Upland OU, confirmatory soil samples were collected and the 
results were documented in the Final Removal Action Report, dated 
September 12, 2006. Compliance with the 7.2 pCi/g cleanup standard in 
the STP River OU was determined using field surveys to verify that 
excavation in the river and flood plain had achieved the identified 
elevations and lateral extent where contamination was deposited.
    In accordance with the 2005 federal consent decree, the extensive 
excavation and radiation logging, and the field surveys document the 
successful completion of the remedial action and show that verification 
soil samples are not necessary. In addition, the 7.2 pCi/g cleanup 
standard at the River OU is a residential cleanup number which 
represents a conservative standard for the reasonably anticipated uses 
of the River area.

Operation and Maintenance

    There are no remaining operation and maintenance requirements for 
the Kerr-McGee STP Site. All response activities are complete and all 
physical components of the response have been removed.

Five-Year Review

    Hazardous substances will not remain at the site above levels that 
allow unlimited use and unrestricted exposure after the completion of 
the remedial action. Pursuant to CERCLA section 121(c), and as provided 
in the current guidance on Five Year Reviews: OSWER Directive 9355.7-
03B-P, Comprehensive Five-Year Review Guidance, June 2001, five-year 
reviews are not required for this 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 all 
required response actions have been implemented and no further response 
action by the responsible parties is appropriate.

V. Deletion Action

    EPA, with concurrence from the State of Illinois through the 
Illinois Environmental Protection Agency, has determined that all 
appropriate response actions under CERCLA 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 April 22, 2013 unless EPA receives adverse comments by 
March 21, 2013. 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, Radiation protection, Radionuclides, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

    Dated: January 28, 2013.
 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.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Kerr-
McGee (Sewage Treatment Plant)'', ``West Chicago'', ``IL''.

[FR Doc. 2013-03595 Filed 2-15-13; 8:45 am]
BILLING CODE 6560-50-P
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