National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Tomah Armory Landfill Superfund Site, 63068-63073 [2018-26486]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63068-63073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26486]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9987-16-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Tomah Armory Landfill 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of the Tomah Armory 
Landfill Superfund Site (Tomah Armory Site), located in Tomah, 
Wisconsin, from the National Priorities List (NPL). The NPL, 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final deletion is being published 
by EPA with the concurrence of the State of Wisconsin, through the 
Wisconsin Department of Natural Resources (WDNR), because EPA has 
determined that all appropriate response actions under CERCLA, other 
than operation and maintenance, monitoring and five-year reviews, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: This direct final deletion is effective February 5, 2019 unless 
EPA receives adverse comments by January 7, 2019. 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 direct 
final deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002, by one of the following methods: https://www.regulations.gov. Follow the on-line instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Email: [email protected].
    Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental 
Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, 
IL 60604, (312) 886-6036.
    Hand deliver: Superfund Records Center, U.S. Environmental 
Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, 
Chicago, IL 60604, (312) 886-0900. 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 a.m. to 4 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1987-0002. 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 website 
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://

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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 is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records 
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, 
Phone: (312) 886-0900, Hours: Monday through Friday, 8 a.m. to 4 p.m., 
excluding Federal holidays.
    Tomah Public Library, 716 Superior Avenue, Tomah, WI 54660, Phone: 
(608) 374-7470. Hours: Monday through Wednesday, 9 a.m. to 8 p.m., 
Thursday through Saturday, 9 a.m. to 5 p.m., Sunday, 1 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77 
West Jackson Boulevard, Chicago, IL 60604, (312) 886-6036, or via email 
at [email protected].

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 Tomah Armory Site, from the 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 40 CFR 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.
    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 Tomah Armory Site and 
demonstrates how it meets the deletion criteria. Section V discusses 
EPA's action to delete the Tomah Armory Site from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Tomah Armory 
Site:
    (1) EPA consulted with the State of Wisconsin prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the State, through the WDNR, has concurred on 
the deletion of the Tomah Armory 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 
Tomah Monitor-Herald. The newspaper advertisement announces the 30-day 
public comment period concerning the Notice of Intent to Delete the 
Tomah Armory Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Tomah Armory 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 
Tomah Armory Site from the NPL:

Site Background and History

    The Tomah Armory Site (CERCLS ID: WID980610299) is approximately 
9.6

[[Page 63070]]

acres and is located in the northeastern section of the City of Tomah, 
Monroe County, Wisconsin. The Tomah Armory Site is bordered on the 
north by the former City of Tomah sewage disposal and treatment 
facility, to the east by Mill Street and a residential area, to the 
south by Arthur Street and a mixed use residential and business area, 
and to the west by Woodard Avenue, which separates the Tomah Armory 
Site from open fields and an apartment complex. The original landfill 
area covered the majority of the Armory property, a portion of the 
former City of Tomah sewage treatment plant property, a portion of a 
former museum property which is currently commercial, and a small area 
west of Woodard Avenue. See Tomah Armory Site Map, Docket Document ID 
No. EPA-HQ-SFUND-1987-0002-0389 in the Docket.
    The City of Tomah owned the Tomah Armory Site property until 1968. 
The City used the Tomah Armory Site as a landfill from 1950 until 
sometime between 1955 and 1960. Waste disposal methods consisted of 
excavating six to eight feet of surface soil, disposing waste in the 
excavated area, covering the waste with previously excavated topsoil, 
and final grading. Some of the material disposed in the landfill may 
have been burned before it was buried. Records regarding the types 
(residential, commercial, or industrial) and quantities of landfilled 
waste are not available.
    The Wisconsin Army National Guard (WIARNG) purchased 5.9 acres of 
the Tomah Armory Site in July of 1968 to support WIARNG activities 
associated with the administration, logistical support, and readiness 
of the unit. Prior to the purchase of the property by WIARNG, a portion 
of the landfill was excavated and disposed of off-site to construct the 
Armory building. Subsequently, several additional areas of the landfill 
were excavated. These areas included: An area west of Woodard Avenue, 
the northern 100 feet of a former telephone museum property in the 
southwest corner of the Tomah Armory Site deeded to WIARNG in 1997, and 
for a southern expansion of the Armory building. Excavated areas were 
filled and graded and seeded, or built over.
    WDNR and EPA inspected the Tomah Armory Site in 1984 to obtain 
information about past waste disposal activities at the Tomah Armory 
Site. EPA prepared a Site Inspection Report in 1984 and scored the 
Tomah Armory Site using EPA's Hazard Ranking System. EPA's primary 
concern in the Tomah Armory Site Inspection Report was the potential 
for groundwater contamination and contaminated water supplies due to 
waste disposal into an unlined landfill.
    EPA proposed the Tomah Armory Site to the NPL on January 22, 1987 
(52 FR 2492). EPA finalized the Tomah Armory Site on the NPL on July 
22, 1987 (52 FR 27620), effective August 21, 1987.
    Current land use and occupants of the Tomah Armory Site include 
WIARNG (6.6 acres), a commercial property in the southwest corner of 
the Tomah Armory Site (1.717 acres) and the Tomah Fire Department (0.91 
acres). Two residential properties are located in the southeast corner 
of the Tomah Armory Site (0.13 and 0.24 acres), however, these 
properties are not located within the landfilled area.
    The landfilled area north of the Tomah Armory Site, which was the 
location of the former Tomah sewage disposal and wastewater treatment 
plant, is owned by the City of Tomah and is zoned as ``other''. A 
recreational path for pedestrians and non-motorized bicycles runs along 
the northern portion of the City's property adjacent to the South Fork 
Lemonweir River.

Remedial Investigation (RI) and Feasibility Study (FS)

    EPA conducted a Phase I Remedial Investigation (RI) at the Tomah 
Armory Site in 1993 in cooperation with WDNR and the United States 
Geological Survey. The purpose of the Phase I RI was to collect 
groundwater and soil samples to characterize the nature and extent of 
contamination and evaluate associated risks. The results of the Phase I 
RI determined there was a need for additional data. WIARNG conducted a 
Phase II RI from 1995 to 1997.
    The Phase I and II RI involved the sampling and analysis of 
groundwater, air, and surface and subsurface soil. The RI included 
groundwater sampling at residential wells and groundwater monitoring 
wells around the Tomah Armory Site. Surface and subsurface soil samples 
were collected within the landfill area and outside the landfill to 
determine background conditions.
    The RI included a geophysical investigation. The geophysical 
investigation consisted of a magnetic survey and an electromagnetic 
survey. The results of the geophysical investigation and the data 
collected from the soil borings and test pits were used to determine 
the approximate boundaries of the landfill, shown in the Tomah Armory 
Site Map, Docket Document ID No. EPA-HQ-SFUND-1987-0002-0839 in the 
Docket.
    The Phase I groundwater investigation identified inorganic 
groundwater contaminants inside the boundaries of the landfill. The 
concentration of lead exceeded the Federal action level (AL) for lead 
of 15 micrograms/liter ([micro]g/L). EPA also detected lead in a 
groundwater monitoring well at one location outside the boundary of the 
landfill at a concentration slightly above the AL.
    Phase II groundwater sampling performed outside the boundaries of 
the landfill in 1995 and 1996 did not detect lead in any wells above 
the AL. Multiple rounds of groundwater sampling performed at the Tomah 
Armory Site in 1999, 2000, 2001, 2010 and 2011 confirmed that lead 
levels outside the boundaries of the landfill are well below the AL.
    The RI identified organic groundwater contamination at the Tomah 
Armory Site from a source upgradient of the landfill. The Phase I 
sampling detected trichloroethene (TCE) in groundwater below the 
landfill at concentrations above the Maximum Contaminant Level (MCL) 
for TCE of 5 [micro]g/L. The Phase II sampling confirmed the presence 
of TCE, and detected TCE and other organic contaminants outside the 
boundaries of the landfill in upgradient wells at greater 
concentrations. Based on this, EPA determined that the organic 
groundwater contamination detected at the Tomah Armory Site was not 
site-related.
    EPA evaluated the threats to human health and the environment posed 
by the Tomah Armory Site from ingestion and/or direct contact with 
contaminants in surface and subsurface soil. The contaminants of 
concern were benzo(a)pyrene (BAP) and lead in surface soil, and BAP, 
beryllium, chromium, arsenic and lead in subsurface soil.
    Exposure to surface and subsurface soil did not pose any 
unacceptable risks. The calculated risks from exposure to surface soil 
were within EPA's acceptable range for cancer risk (10-4 to 
10-6) under a residential use scenario, and the calculated 
exposure point concentrations of lead in surface soil were below EPA's 
residential soil screening levels. None of the subsurface soil 
contaminants exceeded risk-based concentrations for non-carcinogenic 
effects or the cancer risk range. Subsurface soil exposure point 
concentrations for lead were above EPA's residential soil screening 
level of 400 milligrams/kilogram (mg/kg), but were below the site-
specific industrial risk-based concentration for lead in surface soil 
of 36,000 mg/kg calculated using the adult lead cleanup model and 
assuming an exposure frequency of 28 days/year at the Tomah Armory 
Site.
    The risk assessment noted that waste material underlay the surface 
of the

[[Page 63071]]

Tomah Armory Site and that groundwater under the landfill did not meet 
the AL level for lead. The concentrations of lead outside the landfill, 
however, did not exceed the AL, and the organic groundwater 
contamination detected in groundwater below the landfill was due to an 
upgradient source.
    The Tomah Armory Site property and the City of Tomah are served by 
municipal water service. Given that the municipal water supply system 
had adequate capacity for expansion, EPA concluded that any potential 
future on-site development would also use municipal water.

Selected Remedy

    EPA determined that the contamination at the landfill did not pose 
any significant risks to human health or the environment under current 
or reasonably anticipated future land use based upon the results of the 
Tomah Armory Site investigations and risk assessment. Additionally, 
institutional controls (ICs) to prevent inappropriate land and 
groundwater use at the Tomah Armory Site were already in place in the 
form of restrictive covenants enforceable by the WDNR.
    EPA determined that remedial action at the Tomah Armory Site was 
not warranted, and recommended no action for the Tomah Armory Site. EPA 
proposed, however, that additional groundwater monitoring be conducted 
to ensure that groundwater conditions continued to pose no significant 
risk. EPA issued a Record of Decision (ROD) for no action with 
groundwater monitoring for the Tomah Armory Site on September 23, 1997.
    EPA executed an Explanation of Significant Differences (ESD) 
modifying the Tomah Armory Site remedy in September 2014. The purpose 
of the ESD was to document EPA's decision to formally incorporate ICs 
as part of the remedy and to modify the requirement for groundwater 
monitoring.
    The ESD noted the ICs that were already in place at the Tomah 
Armory Site, and added additional ICs in the form of Wisconsin 
Continuing Obligations regulations and a Long-Term Stewardship (LTS) 
Plan to the selected remedy. The ESD also changed the groundwater 
monitoring component of the remedy from being ``required'' to being 
conducted ``as needed''.

Response Actions

    WIARNG conducted seven rounds of post-ROD groundwater monitoring at 
the Tomah Armory Site from May 1999 through April 2011. WIARNG 
collected the groundwater samples from six monitoring locations around 
the Tomah Armory Site during the first six rounds of sampling, and 
follow-up groundwater sampling at three locations during the last round 
of sampling. WIARNG analyzed the groundwater samples for dissolved 
lead.
    None of the groundwater samples exceeded the lead AL of 15 
[micro]g/L. Most of the groundwater monitoring results were at or below 
the detection limit. The highest value observed was 4.1 [micro]g/L in 
2010 at groundwater monitoring well MW-3. WIARNG resampled MW-3 in 2011 
and did not detect any lead.
    WIARNG collected, analyzed and reviewed all groundwater monitoring 
data in accordance with the Quality Assurance Project Plan for the 
Tomah Armory and Tomah Fairgrounds Remedial Investigation (U.S. 
Environmental Protection Agency, June 1993).
    WIARNG conducted a landfill cap evaluation in November 2010. The 
purpose of the evaluation was to assess areas of potential settlement 
and areas of potential contamination and stressed vegetation. WIARNG 
did not find any evidence of settlement or visible contamination in the 
paved or gravel covered areas of the Tomah Armory Site. WIARNG did not 
find any evidence of exposed refuse on the surface of the Tomah Armory 
Site or across the alleyway to the west. There were several areas of 
stressed vegetation in lawn-covered areas on the west side of the Tomah 
Armory Site. WIARNG personnel maintain the Tomah Armory Site by mowing 
the property, filling the occasional depression, and re-seeding areas 
of stressed vegetation as needed.
    WIARNG requested EPA's concurrence with WDNR's recommendations to 
abandon the remaining monitoring wells around the Tomah Armory Site in 
December 2015. EPA reviewed WIARNG's request and concurred with 
removing the wells in April 2016. WIARNG properly abandoned the 
groundwater monitoring wells in June 2016.
    WIARNG completed a Remedial Action (RA) Report in August 2016. The 
RA Report documents the successful implementation of the Landfill Cap 
Maintenance Plan and the Institutional Control Plan (ICP), including a 
Long-Term Stewardship (LTS) Plan for the Tomah Armory Site. A copy of 
the Landfill Cap Maintenance Plan, the ICP and the LTS Plan are 
included in Attachment 1 and Appendix H of the 2016 RA Report.
    EPA completed a Final Close Out Report (FCOR) documenting the 
completion of all appropriate response actions at the Tomah Armory Site 
on February 7, 2018.

Cleanup Levels

    The Tomah Armory Site ROD is a no-action ROD with groundwater 
monitoring and does not establish any cleanup levels for soil or 
groundwater. During monitoring, EPA compared detected concentrations of 
lead in the groundwater to the Federal AL and Wisconsin Administrative 
Code (WAC) Natural Resources (NR) Chapter 140 limit for lead of 15 
[micro]g/L.
    Eight rounds of groundwater samples collected from six groundwater 
monitoring locations around the Tomah Armory Site from 1995 to 2010, 
and a follow-up round of sampling at three wells in 2011, did not 
detect any lead concentrations above the AL for lead. The majority of 
the lead results were at or below the detection limit. The highest 
observed values for lead were 4.7 [micro]g/L at MW-4 in 1996 and 4.1 
[micro]g/L in MW-3 in 2010.
    Subsequent groundwater samples collected from MW-4 from 1999 to 
2010 and from MW-3 in 2010 did not contain lead. The results of the 
groundwater monitoring confirm that EPA's no action remedy for the 
Tomah Armory Site selected in the 1997 ROD, as modified by the 2014 
ESD, is appropriate. A summary of the groundwater monitoring data for 
the Tomah Armory Site is provided in Table 3 of the 2018 FCOR, Docket 
Document ID No. EPA-HQ-SFUND-1987-0002-0384 in the Docket.

Operation and Maintenance

    WIARNG conducts operation and maintenance (O&M) in accordance with 
the Landfill Cap Maintenance Plan and the ICP and LTS Plan. WIARNG 
inspects the Tomah Armory Landfill annually, at a minimum. WIANRG mows 
and maintains the property throughout the year, and addresses 
maintenance issues such as filling occasional depressions, re-seeding 
areas of stressed vegetation, and evaluating the landfill cap for 
subsidence. If subsidence is observed indicating possible degradation 
of the landfill cap, the cap will be evaluated and potential problems 
addressed as soon as possible. Property owners must contact WDNR at 
least 45 days prior to making any removal, replacement or changes to 
the landfill cap.
    The remedy for the Tomah Armory Site includes ICs to ensure long 
term protectiveness to human health and the environment. Several types 
of proprietary and government controls including deed restrictions, 
zoning, municipal ordinances, and Wisconsin state regulations are in 
place to provide

[[Page 63072]]

multiple layers of protection at the Tomah Armory Site.
    Declarations of Restrictions are implemented on the four properties 
where the majority of the historical extent of the landfill is located. 
These include parcels 286-00061-0000 and 286-00059-2000 owned by WIARNG 
(armory property), 286-02710-0000 owned by the City of Tomah (former 
waste water treatment plant/current bike path property), and the 
commercial property in the southwest corner of the Tomah Armory Site 
(286-00059-0000). See Tomah Armory Site Map, Docket Document ID No. 
EPA-HQ-SFUND-1987-0002-0389 in the Docket.
    The deed restrictions subject the owner to the following limitation 
and restrictions unless prior written approval is obtained from the 
Wisconsin Department of Natural Resources or its successor: (1) 
Excavating or grading of the land surface, (2) filling on the capped 
area, (3) plowing for agricultural cultivation, and (4) construction or 
installation of a building or other structure with a foundation that 
would sit on, or be placed within, the cap or which would interfere 
with the existing cap. Copies of the Declarations of Restrictions are 
available in Appendix G of the 2016 RA Report, Docket Document ID No. 
EPA-HQ-SFUND-1987-0002-0383 in the Docket.
    Other implemented ICs include zoning, municipal ordinances and 
state regulations. Current zoning prohibits residential use of the 
landfill area. The armory property is zoned X2, state; the city 
property to the north and the Fire Department property are zoned X4, 
other; and the parcel to the southwest is zoned G2, commercial. Two 
Tomah Armory Site properties in the southeast corner of the Tomah 
Armory Site are zoned for residential use, however, these properties 
are outside the limits of the landfill. Tomah Armory Site zoning 
designations are shown in Figure 3 of the 2016 RA Report, Docket 
Document ID No. EPA-HQ-SFUND-1987-0002-0383 in the Docket.
    A zoning district designation may be changed; however, this 
requires a petition for change to be filed with the city clerk and 
reviewed by the planning commission. A recommendation by the planning 
commission is then given to the city council, and requires a public 
hearing prior to the zoning change.
    Tomah City Ordinance Section 46-101 restricts the installation and 
use of private wells and cross connections between municipal well lines 
and private wells. Private wells located on parcels served by the City 
municipal water supply were also to be properly abandoned by January 1, 
1989 (Tomah Ordinance Section 46-529).
    Private well operation is allowable in the city with a Well 
Operation Permit if the well meets the requirements of Tomah Ordinance 
Section 46-530. One of the requirements for obtaining a Well Operation 
Permit is that the well and pump installation meet the requirements of 
Chapter NR 812 of the WAC. The proposed well would also have to be 
necessary, considering the mandatory Tomah water supply system (Tomah 
Ordinance Section 46-50). Permits are also considered an Enforcement 
and Permit Tool control.
    Well head protection areas are delineated for all City of Tomah 
municipal wells. The City of Tomah enacted a Wellhead Protection 
Ordinance that prohibits the issuance of a well operation permit for a 
200-foot radius around the Tomah Armory Site (Tomah Ordinance Section 
46-531; Code 1993, Sec.  13.37(3)).
    Changes and amendments to zoning district designations are governed 
by Tomah Ordinance Section 52-256. City of Tomah Ordinances apply to 
parcels within the municipal boundaries. Copies of pertinent ordinances 
are available in Appendix D in the 2016 RA Report, Docket Document ID 
No. EPA-HQ-SFUND-1987-0002-0383 in the Docket.
    The State of Wisconsin through the WAC specifies the regulations 
applicable to waters of the state and land use. WDNR regulates the 
design and operation of municipal water systems through Chapter NR 811 
WAC. Section NR 811.06 WAC prohibits unprotected cross-connections and 
Section NR 811.07 WAC prohibits interconnections between public water 
supply systems and other sources of water unless permitted by WDNR.
    Chapter NR 812 WAC regulates construction and installation of new 
and existing water systems and drill holes (excepting certain 
monitoring wells, community water systems, and nonpotable surface water 
systems). Section NR 812.08 WAC (Table A) specifies a minimum 
separation distance between potable and nonpotable wells, reservoirs, 
springs, and landfills. This distance is measured from the nearest fill 
area, if known, otherwise to the property line. The 1,200-foot set-back 
distance for the Tomah Armory Site is indicated on Figure 4 in the RA 
Report, Docket Document ID No. EPA-HQ-SFUND-1987-0002-0383 in the 
Docket.
    Chapter NR 504 WAC regulates landfill location, performance, 
design, and construction. Specifically, Section NR 504.07(9) prohibits 
the use of covered landfill sites which are no longer in operation for 
agricultural use, the establishment of construction of any buildings 
over the waste disposal area, or excavation of the final cover of any 
waste materials. A copy of the relevant state regulations for the Tomah 
Armory Site is provided in Appendix E of the RA Report, Docket Document 
ID No. EPA-HQ-SFUND-1987-0002-0383 in the Docket.

Five Year Review

    The Tomah Armory Site requires statutory five-year reviews (FYRs) 
because hazardous substances remain at the Tomah Armory Site above 
levels that allow for unrestricted use and unlimited exposure. EPA 
conducted FYRs of the Tomah Armory Site in 2001, 2006, 2011, and 2016.
    EPA's most recent FYR of the Tomah Armory Site, in August 2016, 
determined that the remedy at the Tomah Armory Site is protective of 
human health and the environment. The remedy is functioning as 
intended, groundwater standards continue to be met, there has been 
compliance with groundwater and land use restrictions on the property, 
and no incompatible groundwater or land use has occurred at the Tomah 
Armory Site. ICs that restrict groundwater use and the disturbance of 
the cap and buried waste remain in place, and are effectively monitored 
and maintained through the implementation of the ICP, which includes a 
LTS Plan.
    The FYR did not identify any issues or recommendations that would 
affect the current or future protectiveness of the remedy for the Tomah 
Armory Site. The most important tasks to continue are maintaining the 
landfill cover and ensuring that the ICs remain in place and are 
effective.
    Finally, the FYR recommended deleting the Tomah Armory Site from 
the NPL.

Community Involvement

    EPA satisfied public participation activities for the Tomah Armory 
Site required in Sections 113(k) and 117 of CERCLA, 42 U.S.C. 9613(k) 
and 9617. EPA hosted a ``kick-off'' public meeting for the Tomah Armory 
Site in July 1993 at the Tomah City Hall Council Chambers. During the 
meeting, EPA informed local residents about the Tomah Armory Site, the 
Superfund process and the work to be performed as part of the RI.
    EPA established an information repository for the Tomah Armory Site 
in 1993 at the Tomah Public Library, 716 Superior Avenue, Tomah, 
Wisconsin 54660. EPA maintains a copy of the administrative record 
documents for the

[[Page 63073]]

Tomah Armory Site in the information repository and at EPA's Region 5 
office.
    EPA released the RI Report to the public in April 1997. EPA made 
its Proposed Plan for cleaning up the Tomah Armory Site available to 
the public on July 22, 1997. EPA held a public meeting on August 18, 
1997 to discuss the RI and EPA's Proposed Plan. EPA placed 
advertisements in local newspapers announcing EPA's proposed cleanup 
plan for the Tomah Armory Site, the public meeting and the comment 
period.
    EPA held a public comment period on its Proposed Plan from July 25, 
1997 to August 25, 1997. The public generally supported the selected 
remedy. EPA considered the public comments received during the public 
meeting and public comment period prior to selecting a final remedy for 
the Tomah Armory Site in the ROD. EPA's responses to the comments 
received are included in a Responsiveness Summary, which is part of the 
ROD. EPA also placed a copy of the 2014 ESD in the information 
repositories for the Tomah Armory Site.
    EPA placed advertisements announcing the FYRs for the Tomah Armory 
Site in local newspapers including the Tomah Monitor-Herald (November 
27, 2006 and November 23, 2015), the Tomah Journal (November 30, 2006 
and February 2011), and the Tri-County Foxxy Shopper East Edition 
(November 27, 2006). EPA made the results of the FYRs available at the 
Tomah Armory Site information repositories and at the following 
website: https://www.epa.gov/superfund/tomah-armory.
    EPA arranged to publish an advertisement announcing the publication 
of this proposed direct final Notice of Deletion in the Tomah Journal 
prior to its publication in the Federal Register.
    Documents in the deletion docket which EPA relied on to support the 
deletion of the Tomah Armory Site from the NPL are available to the 
public in the Tomah Armory Site information repositories and at https://www.regulations.gov.

Determination That the Tomah Armory Site Meets the Criteria for 
Deletion From the NCP

    The February 7, 2018, Final Close Out Report (FCOR) documents that 
EPA, the WIARNG and the WDNR have successfully implemented all 
appropriate response actions at the Tomah Armory Site in accordance 
with the 1997 EPA Record of Decision (ROD), the 2014 EPA Explanation of 
Significant Differences (ESD) and the Guidance for Management of 
Superfund Remedies in Post Construction (OLEM Directive 9200.3-105, 
February 2017), and Close Out Procedures for National Priorities List 
Sites (OLEM Directive 9320.2-22, May, 2011).
    Cleanup actions specified in the ROD and ESD for the Tomah Armory 
Site have been implemented and the Tomah Armory Site meets acceptable 
risk levels for all media and exposure pathways. The ongoing IC and LTS 
actions required at the Tomah Armory Site are consistent with EPA 
policy and guidance.
    Groundwater sampling results confirm that the Tomah Armory Site 
does not pose any threat to human health or the environment. Therefore, 
the EPA has determined that no further Superfund response is necessary 
at the Tomah Armory Site to protect human health and the environment.
    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 Wisconsin, has determined that all 
required response actions have been implemented at the Tomah Armory 
Site and that no further response action by the responsible parties is 
appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of Wisconsin through the 
WDNR, has determined that all appropriate response actions under 
CERCLA, other than operation and maintenance, monitoring and five-year 
reviews have been completed. Therefore, EPA is deleting the Tomah 
Armory Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior proposal. This action will be 
effective February 5, 2019 unless EPA receives adverse comments by 
January 7, 2019. 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, Water supply.

    Dated: October 30, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

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

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
``WI'', ``Tomah Armory'', ``Tomah''.

[FR Doc. 2018-26486 Filed 12-6-18; 8:45 am]
 BILLING CODE 6560-50-P