National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Shaw Avenue Dump Superfund Site, 25725-25729 [2019-11542]
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Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Proposed Rules
Department of Homeland Security Delegation
No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T07–0372 to read as
follows:
40 CFR Part 300
■
§ 165.T07–0372 Safety Zone; Patriots Point
Fireworks, Charleston, SC.
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(a) Location. This rule establishes a
safety zone on all waters within a 500yard radius of the barge, from which
fireworks will be launched on the bank
of the Cooper River at Patriot’s Point in
Charleston, SC.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port
Charleston by telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Period. This rule will
be enforced on July 4, 2019 from 7:45
p.m. until 9:15 p.m.
Dated: May 29, 2019.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
[FR Doc. 2019–11605 Filed 6–3–19; 8:45 am]
BILLING CODE 9110–04–P
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[EPA–HQ–SFUND–1987–0002; FRL–9994–
04–Region 7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Shaw Avenue Dump
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 7 is issuing a
Notice of Intent to Delete the Operable
Unit 1—Chemical Fill and
Contaminated Soil (OU1) of the Shaw
Avenue Dump Superfund Site (Site)
located in Charles City, Floyd County,
Iowa, from the National Priorities List,
or NPL, and requests public comments
on this proposed action. 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, or NCP. The EPA and
the state of Iowa, through the Iowa
Department of Natural Resources, have
determined that all appropriate
response actions at these identified
parcels under CERCLA, other than
operations and maintenance and fiveyear reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This partial deletion pertains to the
Operable Unit 1—Chemical Fill and
Contaminated Soil. The Operable Unit
2—Groundwater will remain on the NPL
and is not being considered for deletion
as part of this action.
DATES: Comments must be received on
or before July 5, 2019.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
SFUND–1987–0002, by one of the
following methods: https://
www.regulations.gov follow the online
instructions for submitting comments;
email hagenmaier.elizabeth@epa.gov or
houston.pamela@epa.gov; or by mail to
Environmental Protection Agency
Region 7, 11201 Renner Boulevard,
Lenexa, KS 66219 Attention: Elizabeth
Hagenmaier, Superfund and Emergency
Management Division (SEMD) or Pam
Houston, Office of Intergovernmental
Affairs/Community Section (OIG).
Publicly available docket materials are
available either electronically at https://
SUMMARY:
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25725
www.regulations.gov or in hard copy at:
EPA Region 7 Records Center at 11201
Renner Boulevard, Lenexa, Kansas
66219, between 8:00 a.m. and 4:00 p.m.
Monday–Friday, excluding Federal
holidays.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Hagenmaier, Remedial Project
Manager, U.S. Environmental Protection
Agency Region 7, SEMD/LMSE, 11201
Renner Boulevard, Lenexa, KS 66219,
telephone (913) 551–7939, email:
hagenmaier.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA. This section
provides additional information by
addressing the following:
Table of Contents
I. Written Comments
II. Introduction
III. NPL Deletion Criteria
IV. Deletion Procedures
V. Basis for Intended Partial Site Deletion
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–HQ–SFUND–2003–
0010, at https://www.regulations.gov.
Alternatively, you may submit
comments by email or mail to the
persons and addresses listed in the
ADDRESSES section of this document.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The 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. The 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
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making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
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II. Introduction
The EPA Region 7 announces its
intent to delete the OU1—Chemical Fill
and Contaminated Soil of the Shaw
Avenue Dump Superfund Site (Site),
from the National Priorities List, or NPL,
and requests public comment on this
proposed action. The NPL constitutes
appendix B of 40 CFR part 300, which
is the National Oil and Hazardous
Substances Pollution Contingency Plan,
or NCP, and which the EPA
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended. The
EPA maintains the NPL as those 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). This partial deletion of the
Shaw Avenue Dump Superfund Site is
proposed in accordance with 40 CFR
300.425(e) and is consistent with the
Notice of Policy Change: Partial
Deletion of Sites Listed on the National
Priorities List. 60 FR 55466 (Nov. 1,
1995). As described in 300.425(e)(3) of
the NCP, a portion of a site deleted from
the NPL remains eligible for Fundfinanced remedial action if future
conditions warrant such actions.
The EPA will accept comments on the
proposal to partially delete this site for
thirty (30) days after publication of this
document in the Federal Register.
Section III of this document explains
the criteria for deleting sites from the
NPL. Section IV discusses procedures
that the EPA is using for this action.
Section V discusses the OU1—Chemical
Fill and Contaminated Soil of the Shaw
Avenue Dump Superfund Site and
demonstrates how it meets the deletion
criteria.
III. NPL Deletion Criteria
The NCP establishes the criteria that
the 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), the 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
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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, the EPA conducts fiveyear 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. The EPA
conducts such five-year reviews even if
a site is deleted from the NPL. The 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.
IV. Deletion Procedures
The following procedures apply to
deletion of the OU1—Chemical Fill and
Contaminated Soil of the Site:
(1) The EPA consulted with the state
Iowa, through the Iowa Department of
Natural Resources, before developing
this Notice of Intent for Partial Deletion.
(2) The EPA has provided the state
thirty working days for review of this
document prior to publication of it
today.
(3) In accordance with the criteria
discussed above, the EPA has
determined that no further response is
appropriate.
(4) The state of Iowa, through the
Iowa Department of Natural Resources,
has concurred with the deletion of the
OU1—Chemical Fill and Contaminated
Soil of the Shaw Avenue Dump
Superfund Site, from the NPL.
(5) Concurrently, with the publication
of this Notice of Intent for Partial
Deletion in the Federal Register, a
notice is being published in a major
local newspaper, the Charles City Press.
The newspaper announces the 30-day
public comment period concerning the
Notice of Intent for Partial Deletion of
the Site from the NPL.
(6) The EPA placed copies of
documents supporting the proposed
partial deletion in the deletion docket
and made these items available for
public inspection and copying at the
Site information repositories identified
above.
If comments are received within the
30-day comment period on this
document, the EPA will evaluate and
respond appropriately to the comments
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before making a final decision to delete
the OU1—Chemical Fill and
Contaminated Soil of the Shaw Avenue
Dump Superfund Site. If necessary, the
EPA will prepare a Responsiveness
Summary to address any significant
public comments received. After the
public comment period, if the EPA
determines it is still appropriate to
delete the OU1—Chemical Fill and
Contaminated Soil, the Regional
Administrator will publish a final
Notice of Partial Deletion in the Federal
Register. Public notices, public
submissions, and copies of the
Responsiveness Summary, if prepared,
will be made available to interested
parties and included in the site
information repositories listed above.
Deletion of a portion of a site from the
NPL does not itself create, alter, or
revoke any individual’s rights or
obligations. Deletion of a portion 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.
V. Basis for Intended Partial Site
Deletion
The following information provides
EPA’s rationale for deleting the OU1—
Chemical Fill and Contaminated Soil of
the Shaw Avenue Dump Superfund Site
from the NPL.
Site Background and History
The Shaw Avenue Dump Superfund
Site (Site), CERCLIS ID #IAD980630560
is located on the southeastern edge of
Charles City, Floyd County, Iowa,
approximately 600 feet from the Cedar
River, near the intersection of Shaw
Avenue and Clark Street. The Site is
owned by Charles City, occupies
approximately 24 acres of the Cedar
River 100-year floodplain, and was
operated as a municipal disposal site
from prior to 1949 to 1964.
Charles City purchased the northern
area of the Site in 1899 and continued
to acquire adjoining property until 1964.
The Site had been used for an unknown
amount of time prior to 1949 as a
landfill/dump and continued to be used
as such through 1964.
Two areas in the northern half of the
Site were used from 1949 to 1953 to
dispose of an estimated 14,000 to 28,000
cubic feet of arsenic-contaminated solid
waste generated by Salsbury
Laboratories, Inc. (later Solvay Animal
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Health, Inc.) from the chemical batch
processing of arsenic compounds used
in the production of animal
pharmaceuticals. Salsbury Laboratories,
Inc., also generated liquid waste during
the period between 1949 and 1964
which it discharged to the municipal
wastewater treatment plant. Charles City
then disposed of the generated sludges
in the Site’s northern waste cells and in
an undefined area on the southern
portion of the Site. An estimated 10,000
tons of this sludge was disposed
between 1949 and 1964. Remedial
Investigation characterization of the
disposal cells containing Salsbury
wastes indicate the presence of
significant concentrations of arsenic,
cadmium, chromium, lead and volatile
and semi-volatile organic compounds,
or VOCs and SVOCs.
The Site was identified as a
potentially hazardous waste site by the
Iowa Department of Natural Resources,
or IDNR in 1977. IDNR studied the Site
and documented arsenic contamination
in surface water in an abandoned gravel
pit near the Site, issuing several reports
between 1977 and 1981. No removal
actions have been implemented at the
Site. A preliminary assessment was
conducted in 1984.
Remedial Investigation and Feasibility
Study (RI/FS)
The Site was proposed for the NPL on
September 18, 1985 (50 FR 37950) and
listed as final on the NPL on July 22,
1987 (52 FR 27620). A remedial
investigation, or RI, addressing soil
contamination was initiated in 1988 and
completed in 1990. A second RI
addressing groundwater was initiated in
1992 and completed in 1999. In 1997,
separate from the Record of Decision, or
ROD, or consent order requirements
discussed in the Selected Remedy
section below, Charles City closed/
abandoned two private residential wells
located near the Site and provided these
residences with connections to
municipal water.
Forty individual compounds, in
addition to a group of similar
polyaromatic hydrocarbons, were
identified as contaminants of potential
concern in the soil, surface water,
groundwater, and chemical fill at the
Site. Major contaminants of concern
include arsenic and cadmium. The
chemical fill and the adjacent
contaminated soil were considered the
source of contamination for the
groundwater. Using the characterization
data collected during the 1990 RI, a
human health baseline risk assessment
was completed in 1991. Toxicity
information for all chemicals of concern
were evaluated and exposures were
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assumed based on reasonable
assumptions about current and future
uses of the Site. A Risk Assessment
Addendum was completed in 1998 in
support of the OU2 ROD. Human health
risks were posed by a future residential
use of the Site, including ingestion,
inhalation, and dermal contact from
surface water, ground water, and soil.
Based on the cancer risk levels and
hazard indices presented in the risk
assessment addendum and the
institutional controls subsequently
implemented prohibiting the location of
a residence or installation of a
groundwater well, no unacceptable risk
to human health or the environment
from exposure to contaminated
groundwater exists at the Shaw Avenue
Dump site, assuming no on-site well is
installed for residential use.
Ecological risks were also evaluated
as part of the risk assessment. In the
1991 human health baseline risk
assessment, it was determined that there
were no critical habitats or endangered
species affected by the contamination at
the Site and the impact on the Cedar
River was minimal. It was identified in
the 2015 Five-Year Review, or FYR, that
ecological exposures to aquatic
receptors in the Cedar River were not
adequately characterized in the 1991
human health baseline risk assessment.
Data was collected to support a 2017
FYR Addendum that provided the
necessary characterization to assess the
protectiveness of the remedy for the
FYR.
The Site consists of two operable
units, each having a separate Record of
Decision, or ROD. OU1 addresses the
chemical fill and contaminated soil at
the Site, and OU2 addresses
groundwater contamination.
Selected Remedy
The OU1 ROD was signed on
September 26, 1991. Remedy selection
was based on the following OU1 ROD
Remedial Action Objectives:
• Eliminate or reduce to an
acceptable level the risks posed by
exposure to the contaminated soil and
chemical fill.
• Eliminate or reduce the potential
migration of contaminants into
groundwater.
Major components of the selected
remedy, as described by the ROD, are:
• Fixation/stabilization of chemical
fill and contaminated soil;
• Installation of a low-permeability
cap to protect the fixated/stabilized
material, consisting of either a two-foot
clay layer covered by a two-foot fill and
vegetated layers, or an eight-inch thick
reinforced concrete slab placed over the
stabilized waste;
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• Implementation of deed restrictions
placed upon the landfill property,
which would prohibit the construction,
installation, maintenance, or use of any
wells on the Site for the purposes of
extracting water for human drinking,
bathing, or swimming purposes, or for
the irrigation of food or feed crops, as
well as any construction or intrusive
activities at the Site;
• Installation of a fence and markers
around the capped fill;
• Removal of an underground
gasoline tank associated with the
Charles City maintenance facility; and
• Groundwater monitoring during
and after implementation of the
fixation/stabilization remedy to
determine the effectiveness of the
remedy in preventing leaching of
contaminants to groundwater.
The ROD recognized that the full
effectiveness of the fixation/stabilization
technology employed by the selected
remedy would not be known until
treatability studies were conducted, and
that the possibility existed that the
selected technology might not achieve
remediation objectives. For this
possibility, the ROD selected excavation
and off-site removal as the contingency
remedy. If needed, the decision to
change the remedy from fixation/
stabilization to excavation/removal
would be explained in an Explanation
of Significant Differences, or ESD.
The EPA entered into a Consent
Decree on May 26, 1992, with Solvay
Animal Health, Inc., and Charles City,
Iowa.
Treatability studies yielded
unacceptable results, and therefore, an
ESD was signed on March 24, 1992,
which notified the public of the
decision to implement the contingency
remedy of excavation and off-site
disposal. The ESD identified that ‘‘the
only difference from the contingency
remedy described in the ROD is that
prior to disposal of the chemical fill and
contaminated soil at the offsite landfill,
the contaminated material will be
stabilized/fixated to the best practicable
level if the contaminated material were
to fail the Toxicity Characteristic
Leaching Procedure test.’’
The major components of the
contingency remedy, as described by the
ESD, are:
• Excavation of chemical fill and
waste materials exceeding the following
levels, or performance standards:
Arsenic at 50 parts per million, or ppm
and cadmium at 20 ppm;
• Horizontal excavation to extend a
minimum of two feet beyond the limit
of the chemical fill, subject to
modification based upon results of soil
sampling conducted in February 1992;
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• Confirmation sampling conducted
at 14-foot intervals along the perimeter
of the excavation;
• Verification testing to assure that
the performance standard is met;
• Excavation backfilled with clean fill
placed in 12-inch lifts, compacted to a
minimum of 90% standard Proctor
density, and the upper six inches to be
backfilled with clean topsoil over which
a vegetated cover will be placed; and
• Excavation and removal of an
underground gasoline tank pursuant to
Underground Storage Tank regulations.
Requirements for establishing
institutional controls, as described in
the OU1 ROD remained. The ESD
identifies contaminants of potential
concern for the chemical fill, surface
soil, and subsurface soil.
Response Actions
The OU1 remedial design was
approved by the EPA in March 1992,
and remedial action, or RA, fieldwork
activities were completed on May 15,
1992, when demobilization from the
Site occurred. The remedial design and
construction of the RA were conducted
in accordance with the statement of
work provided by the Consent Decree.
Implementation of the RA is reported by
the Conestoga-Rovers & Associatesauthored Remedial Action Report dated
October 1993.
Excavation is reported to have
extended vertically from the ground
surface to the top of bedrock. Excavation
depths ranged from approximately 14
feet below ground surface, or bgs, at the
excavation’s northern extent to about six
feet bgs at its southern extent.
A significant portion of the excavation
is depicted as being approximately six
to eight feet bgs. Field determinations of
the extent of chemical fill are reported
to have been made based upon its
distinctive visual characteristics.
Stockpiled topsoil was later
characterized as contaminated soil and
managed as such, due to having
produced a yellowish leachate after
precipitation events, which yielded a
result of 142 ppm arsenic. The
estimated total volume of excavated
chemical fill and contaminated soil,
based upon excavation cross-section
surveys, is 2,220 cubic yards.
Confirmation and verification
sampling were conducted at
approximate 14-foot intervals along the
perimeter of the excavation, as specified
in the RA Work Plan, except that
discrete samples were used for
confirmation analysis as opposed to
composite samples. Three discrete
samples were collected along the
sidewall of the excavation from depths
of one-third and two-thirds of the
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sidewall’s height, and at the
excavation’s base. Each discrete sample
was split, and if the analysis confirmed
that the performance standard was met,
the remains of the split sample were
prepared and sent to a different lab for
confirmation analysis. Additional
excavation was conducted when
verification samples did not meet the
performance standard.
The EPA Preliminary Close Out
Report, documenting construction
completion for the Site, was signed on
March 30, 2001. The PCOR states that
all physical construction associated
with the remedy has been completed in
accordance with the RODs dated
September 28, 2000, and September 26,
1991; the ESD dated March 20, 1992;
and the Consent Decree dated May 26,
1992.
Operation and Maintenance
Operation and maintenance of the
implemented remedy is occurring as
intended. Inspection of the monitoring
well network, and the Site in general, is
conducted on an annual basis. The
inspections address monitoring well
access, external/internal conditions of
the ground cover at the former chemical
fill area, and flood damage, if any.
Maintenance recommendations are also
identified, as needed. The Site
completed the criteria for the Sitewide
Ready for Anticipated Use Government
Performance and Results Act Measure
and EPA Region 7 signed the Superfund
Property Reuse Evaluation Checklist for
Reporting on July 7, 2006.
The ROD requires implementation of
institutional controls in the form of
deed restrictions to be placed upon the
landfill property. A restrictive covenant
was recorded on February 21, 2001,
with the Floyd County Recorder of
Deeds that satisfies the institutional
control provision of the ROD and
Consent Decree. Currently, the
following individual institutional
controls exist at the Site:
• An existing groundwater restrictive
covenant in accordance with the 1992
Consent Decree;
• Regulatory restrictions against
residential construction because the Site
is within the 100-year flood plain of the
Cedar River;
• Restrictions on groundwater use
because it is within the Charles City
limits. City ordinance (City of Charles
City Restriction on Groundwater Use,
Article 90.03) precludes the use of
groundwater for consumption, stating
‘‘all residences and business
establishments within the city limits
using water for human habitation or
occupancy shall connect to the public
water system.’’ The ordinance also
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stipulates that ‘‘No new wells shall be
drilled and no repairs requiring permits
shall be made to a well within an area
that is contaminated or that may become
contaminated due to contamination in
the vicinity of the well site;’’
• Regulatory restrictions against
changing site use because the Site is
included in the registry of hazardous
waste or hazardous substance disposal
sites under the Iowa Environmental Act.
Any use change would require approval
from the State of Iowa.
The existing Site-specific institutional
controls in combination provide ample
limitations of land and groundwater use
at the Site. The EPA will continue to
review the need for an environmental
covenant during the Five-Year Review
process.
Five-Year Review
Statutory five-year reviews are
required at the Shaw Avenue Dump
Superfund Site since hazardous
substances remain at the Site above
levels that allow for unlimited use and
unrestricted exposure. Five-year reviews
were completed for the Site in 2005,
2010, and 2015. The 2015 Five-Year
Review, or FYR, identified issues and
recommendations including the change
in toxicity values for polyaromatic
hydrocarbons, benzene, xylene, toluene,
and 2-nitroaniline and deferred
protectiveness until this information
could be obtained. The 2015 FYR also
identified the potential change in
exposure assumptions in the Cedar
River and an off-site recreational pond.
Required sampling and analysis was
completed by the responsible parties to
address issues and recommendations
from the 2015 FYR, and to support the
required FYR addendum.
The 2015 FYR was amended by the
EPA under a FYR Addendum in 2017
and found that the remedies at OU1 and
OU2 were protective of human health
and the environment. The sitewide
protectiveness statement is that the
sitewide remedy is protective of human
health and the environment. The next
Five-Year Review report will be
completed by August 21, 2020.
Community Involvement
Throughout the process from
development of the remedy to
completion of the remedial activities, all
phases of the Site remediation have
been an open process with input from
Federal and state regulators, Charles
City, and members of the public. Over
the life of the project, there have been
public comment periods and public
meetings to ensure that the local
residents were able to contribute to the
process and express their opinions.
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Public involvement has been included
throughout the remediation process at
this Site and has been memorialized in
operation documents including the
Consent Decree, proposed plans, and
EPA Five-Year Reviews. Public
comments are also solicited during this
partial deletion with a notice in the
local newspaper, the Charles City Press.
Determination That the Criteria for
Deletion Have Been Met
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In accordance with 40 CFR
300.425(e), the EPA Region 7 finds that
the OU1—Chemical Fill and
Contaminated Soil of the Shaw Avenue
Dump Superfund Site (the subject of
this deletion) meets the substantive
criteria for deletion from the NPL. The
VerDate Sep<11>2014
15:56 Jun 03, 2019
Jkt 247001
EPA has consulted with and has the
concurrence of the State of Iowa. All
responsible parties or other persons
have implemented all appropriate
response actions required. All
appropriate Fund-financed response
under CERCLA was implemented, and
no further response action by
responsible parties is appropriate.
The implemented remedy at the
OU1—Chemical Fill and Contaminated
Soil has achieved the degree of cleanup
specified in the ROD for all pathways of
exposure. All selected remedial action
objectives and associated cleanup levels
are consistent with agency policy and
guidance. No further Superfund
response is needed to protect human
health and the environment.
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
25729
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
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.
Dated: May 28, 2019.
James Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2019–11542 Filed 6–3–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\04JNP1.SGM
04JNP1
Agencies
[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Proposed Rules]
[Pages 25725-25729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11542]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1987-0002; FRL-9994-04-Region 7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Shaw Avenue Dump
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 7 is issuing
a Notice of Intent to Delete the Operable Unit 1--Chemical Fill and
Contaminated Soil (OU1) of the Shaw Avenue Dump Superfund Site (Site)
located in Charles City, Floyd County, Iowa, from the National
Priorities List, or NPL, and requests public comments on this proposed
action. 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, or NCP. The EPA and
the state of Iowa, through the Iowa Department of Natural Resources,
have determined that all appropriate response actions at these
identified parcels under CERCLA, other than operations and maintenance
and five-year reviews, have been completed. However, this deletion does
not preclude future actions under Superfund.
This partial deletion pertains to the Operable Unit 1--Chemical
Fill and Contaminated Soil. The Operable Unit 2--Groundwater will
remain on the NPL and is not being considered for deletion as part of
this action.
DATES: Comments must be received on or before July 5, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002, by one of the following methods: https://www.regulations.gov follow the online instructions for submitting
comments; email [email protected] or [email protected];
or by mail to Environmental Protection Agency Region 7, 11201 Renner
Boulevard, Lenexa, KS 66219 Attention: Elizabeth Hagenmaier, Superfund
and Emergency Management Division (SEMD) or Pam Houston, Office of
Intergovernmental Affairs/Community Section (OIG). Publicly available
docket materials are available either electronically at https://www.regulations.gov or in hard copy at: EPA Region 7 Records Center at
11201 Renner Boulevard, Lenexa, Kansas 66219, between 8:00 a.m. and
4:00 p.m. Monday-Friday, excluding Federal holidays.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Elizabeth Hagenmaier, Remedial Project
Manager, U.S. Environmental Protection Agency Region 7, SEMD/LMSE,
11201 Renner Boulevard, Lenexa, KS 66219, telephone (913) 551-7939,
email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA. This section provides additional information
by addressing the following:
Table of Contents
I. Written Comments
II. Introduction
III. NPL Deletion Criteria
IV. Deletion Procedures
V. Basis for Intended Partial Site Deletion
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-
2003-0010, at https://www.regulations.gov. Alternatively, you may
submit comments by email or mail to the persons and addresses listed in
the ADDRESSES section of this document. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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
[[Page 25726]]
making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. Introduction
The EPA Region 7 announces its intent to delete the OU1--Chemical
Fill and Contaminated Soil of the Shaw Avenue Dump Superfund Site
(Site), from the National Priorities List, or NPL, and requests public
comment on this proposed action. The NPL constitutes appendix B of 40
CFR part 300, which is the National Oil and Hazardous Substances
Pollution Contingency Plan, or NCP, and which the EPA promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980, as amended. The EPA
maintains the NPL as those 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). This partial deletion of the Shaw Avenue
Dump Superfund Site is proposed in accordance with 40 CFR 300.425(e)
and is consistent with the Notice of Policy Change: Partial Deletion of
Sites Listed on the National Priorities List. 60 FR 55466 (Nov. 1,
1995). As described in 300.425(e)(3) of the NCP, a portion of a site
deleted from the NPL remains eligible for Fund-financed remedial action
if future conditions warrant such actions.
The EPA will accept comments on the proposal to partially delete
this site for thirty (30) days after publication of this document in
the Federal Register.
Section III of this document explains the criteria for deleting
sites from the NPL. Section IV discusses procedures that the EPA is
using for this action. Section V discusses the OU1--Chemical Fill and
Contaminated Soil of the Shaw Avenue Dump Superfund Site and
demonstrates how it meets the deletion criteria.
III. NPL Deletion Criteria
The NCP establishes the criteria that the 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), the 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, the 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. The EPA conducts such five-year reviews even if a site is
deleted from the NPL. The 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.
IV. Deletion Procedures
The following procedures apply to deletion of the OU1--Chemical
Fill and Contaminated Soil of the Site:
(1) The EPA consulted with the state Iowa, through the Iowa
Department of Natural Resources, before developing this Notice of
Intent for Partial Deletion.
(2) The EPA has provided the state thirty working days for review
of this document prior to publication of it today.
(3) In accordance with the criteria discussed above, the EPA has
determined that no further response is appropriate.
(4) The state of Iowa, through the Iowa Department of Natural
Resources, has concurred with the deletion of the OU1--Chemical Fill
and Contaminated Soil of the Shaw Avenue Dump Superfund Site, from the
NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in a major local newspaper, the Charles City Press. The newspaper
announces the 30-day public comment period concerning the Notice of
Intent for Partial Deletion of the Site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion docket and made these items available
for public inspection and copying at the Site information repositories
identified above.
If comments are received within the 30-day comment period on this
document, the EPA will evaluate and respond appropriately to the
comments before making a final decision to delete the OU1--Chemical
Fill and Contaminated Soil of the Shaw Avenue Dump Superfund Site. If
necessary, the EPA will prepare a Responsiveness Summary to address any
significant public comments received. After the public comment period,
if the EPA determines it is still appropriate to delete the OU1--
Chemical Fill and Contaminated Soil, the Regional Administrator will
publish a final Notice of Partial Deletion in the Federal Register.
Public notices, public submissions, and copies of the Responsiveness
Summary, if prepared, will be made available to interested parties and
included in the site information repositories listed above.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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.
V. Basis for Intended Partial Site Deletion
The following information provides EPA's rationale for deleting the
OU1--Chemical Fill and Contaminated Soil of the Shaw Avenue Dump
Superfund Site from the NPL.
Site Background and History
The Shaw Avenue Dump Superfund Site (Site), CERCLIS ID
#IAD980630560 is located on the southeastern edge of Charles City,
Floyd County, Iowa, approximately 600 feet from the Cedar River, near
the intersection of Shaw Avenue and Clark Street. The Site is owned by
Charles City, occupies approximately 24 acres of the Cedar River 100-
year floodplain, and was operated as a municipal disposal site from
prior to 1949 to 1964.
Charles City purchased the northern area of the Site in 1899 and
continued to acquire adjoining property until 1964. The Site had been
used for an unknown amount of time prior to 1949 as a landfill/dump and
continued to be used as such through 1964.
Two areas in the northern half of the Site were used from 1949 to
1953 to dispose of an estimated 14,000 to 28,000 cubic feet of arsenic-
contaminated solid waste generated by Salsbury Laboratories, Inc.
(later Solvay Animal
[[Page 25727]]
Health, Inc.) from the chemical batch processing of arsenic compounds
used in the production of animal pharmaceuticals. Salsbury
Laboratories, Inc., also generated liquid waste during the period
between 1949 and 1964 which it discharged to the municipal wastewater
treatment plant. Charles City then disposed of the generated sludges in
the Site's northern waste cells and in an undefined area on the
southern portion of the Site. An estimated 10,000 tons of this sludge
was disposed between 1949 and 1964. Remedial Investigation
characterization of the disposal cells containing Salsbury wastes
indicate the presence of significant concentrations of arsenic,
cadmium, chromium, lead and volatile and semi-volatile organic
compounds, or VOCs and SVOCs.
The Site was identified as a potentially hazardous waste site by
the Iowa Department of Natural Resources, or IDNR in 1977. IDNR studied
the Site and documented arsenic contamination in surface water in an
abandoned gravel pit near the Site, issuing several reports between
1977 and 1981. No removal actions have been implemented at the Site. A
preliminary assessment was conducted in 1984.
Remedial Investigation and Feasibility Study (RI/FS)
The Site was proposed for the NPL on September 18, 1985 (50 FR
37950) and listed as final on the NPL on July 22, 1987 (52 FR 27620). A
remedial investigation, or RI, addressing soil contamination was
initiated in 1988 and completed in 1990. A second RI addressing
groundwater was initiated in 1992 and completed in 1999. In 1997,
separate from the Record of Decision, or ROD, or consent order
requirements discussed in the Selected Remedy section below, Charles
City closed/abandoned two private residential wells located near the
Site and provided these residences with connections to municipal water.
Forty individual compounds, in addition to a group of similar
polyaromatic hydrocarbons, were identified as contaminants of potential
concern in the soil, surface water, groundwater, and chemical fill at
the Site. Major contaminants of concern include arsenic and cadmium.
The chemical fill and the adjacent contaminated soil were considered
the source of contamination for the groundwater. Using the
characterization data collected during the 1990 RI, a human health
baseline risk assessment was completed in 1991. Toxicity information
for all chemicals of concern were evaluated and exposures were assumed
based on reasonable assumptions about current and future uses of the
Site. A Risk Assessment Addendum was completed in 1998 in support of
the OU2 ROD. Human health risks were posed by a future residential use
of the Site, including ingestion, inhalation, and dermal contact from
surface water, ground water, and soil. Based on the cancer risk levels
and hazard indices presented in the risk assessment addendum and the
institutional controls subsequently implemented prohibiting the
location of a residence or installation of a groundwater well, no
unacceptable risk to human health or the environment from exposure to
contaminated groundwater exists at the Shaw Avenue Dump site, assuming
no on-site well is installed for residential use.
Ecological risks were also evaluated as part of the risk
assessment. In the 1991 human health baseline risk assessment, it was
determined that there were no critical habitats or endangered species
affected by the contamination at the Site and the impact on the Cedar
River was minimal. It was identified in the 2015 Five-Year Review, or
FYR, that ecological exposures to aquatic receptors in the Cedar River
were not adequately characterized in the 1991 human health baseline
risk assessment. Data was collected to support a 2017 FYR Addendum that
provided the necessary characterization to assess the protectiveness of
the remedy for the FYR.
The Site consists of two operable units, each having a separate
Record of Decision, or ROD. OU1 addresses the chemical fill and
contaminated soil at the Site, and OU2 addresses groundwater
contamination.
Selected Remedy
The OU1 ROD was signed on September 26, 1991. Remedy selection was
based on the following OU1 ROD Remedial Action Objectives:
Eliminate or reduce to an acceptable level the risks posed
by exposure to the contaminated soil and chemical fill.
Eliminate or reduce the potential migration of
contaminants into groundwater.
Major components of the selected remedy, as described by the ROD,
are:
Fixation/stabilization of chemical fill and contaminated
soil;
Installation of a low-permeability cap to protect the
fixated/stabilized material, consisting of either a two-foot clay layer
covered by a two-foot fill and vegetated layers, or an eight-inch thick
reinforced concrete slab placed over the stabilized waste;
Implementation of deed restrictions placed upon the
landfill property, which would prohibit the construction, installation,
maintenance, or use of any wells on the Site for the purposes of
extracting water for human drinking, bathing, or swimming purposes, or
for the irrigation of food or feed crops, as well as any construction
or intrusive activities at the Site;
Installation of a fence and markers around the capped
fill;
Removal of an underground gasoline tank associated with
the Charles City maintenance facility; and
Groundwater monitoring during and after implementation of
the fixation/stabilization remedy to determine the effectiveness of the
remedy in preventing leaching of contaminants to groundwater.
The ROD recognized that the full effectiveness of the fixation/
stabilization technology employed by the selected remedy would not be
known until treatability studies were conducted, and that the
possibility existed that the selected technology might not achieve
remediation objectives. For this possibility, the ROD selected
excavation and off-site removal as the contingency remedy. If needed,
the decision to change the remedy from fixation/stabilization to
excavation/removal would be explained in an Explanation of Significant
Differences, or ESD.
The EPA entered into a Consent Decree on May 26, 1992, with Solvay
Animal Health, Inc., and Charles City, Iowa.
Treatability studies yielded unacceptable results, and therefore,
an ESD was signed on March 24, 1992, which notified the public of the
decision to implement the contingency remedy of excavation and off-site
disposal. The ESD identified that ``the only difference from the
contingency remedy described in the ROD is that prior to disposal of
the chemical fill and contaminated soil at the offsite landfill, the
contaminated material will be stabilized/fixated to the best
practicable level if the contaminated material were to fail the
Toxicity Characteristic Leaching Procedure test.''
The major components of the contingency remedy, as described by the
ESD, are:
Excavation of chemical fill and waste materials exceeding
the following levels, or performance standards: Arsenic at 50 parts per
million, or ppm and cadmium at 20 ppm;
Horizontal excavation to extend a minimum of two feet
beyond the limit of the chemical fill, subject to modification based
upon results of soil sampling conducted in February 1992;
[[Page 25728]]
Confirmation sampling conducted at 14-foot intervals along
the perimeter of the excavation;
Verification testing to assure that the performance
standard is met;
Excavation backfilled with clean fill placed in 12-inch
lifts, compacted to a minimum of 90% standard Proctor density, and the
upper six inches to be backfilled with clean topsoil over which a
vegetated cover will be placed; and
Excavation and removal of an underground gasoline tank
pursuant to Underground Storage Tank regulations.
Requirements for establishing institutional controls, as described
in the OU1 ROD remained. The ESD identifies contaminants of potential
concern for the chemical fill, surface soil, and subsurface soil.
Response Actions
The OU1 remedial design was approved by the EPA in March 1992, and
remedial action, or RA, fieldwork activities were completed on May 15,
1992, when demobilization from the Site occurred. The remedial design
and construction of the RA were conducted in accordance with the
statement of work provided by the Consent Decree. Implementation of the
RA is reported by the Conestoga-Rovers & Associates-authored Remedial
Action Report dated October 1993.
Excavation is reported to have extended vertically from the ground
surface to the top of bedrock. Excavation depths ranged from
approximately 14 feet below ground surface, or bgs, at the excavation's
northern extent to about six feet bgs at its southern extent.
A significant portion of the excavation is depicted as being
approximately six to eight feet bgs. Field determinations of the extent
of chemical fill are reported to have been made based upon its
distinctive visual characteristics. Stockpiled topsoil was later
characterized as contaminated soil and managed as such, due to having
produced a yellowish leachate after precipitation events, which yielded
a result of 142 ppm arsenic. The estimated total volume of excavated
chemical fill and contaminated soil, based upon excavation cross-
section surveys, is 2,220 cubic yards.
Confirmation and verification sampling were conducted at
approximate 14-foot intervals along the perimeter of the excavation, as
specified in the RA Work Plan, except that discrete samples were used
for confirmation analysis as opposed to composite samples. Three
discrete samples were collected along the sidewall of the excavation
from depths of one-third and two-thirds of the sidewall's height, and
at the excavation's base. Each discrete sample was split, and if the
analysis confirmed that the performance standard was met, the remains
of the split sample were prepared and sent to a different lab for
confirmation analysis. Additional excavation was conducted when
verification samples did not meet the performance standard.
The EPA Preliminary Close Out Report, documenting construction
completion for the Site, was signed on March 30, 2001. The PCOR states
that all physical construction associated with the remedy has been
completed in accordance with the RODs dated September 28, 2000, and
September 26, 1991; the ESD dated March 20, 1992; and the Consent
Decree dated May 26, 1992.
Operation and Maintenance
Operation and maintenance of the implemented remedy is occurring as
intended. Inspection of the monitoring well network, and the Site in
general, is conducted on an annual basis. The inspections address
monitoring well access, external/internal conditions of the ground
cover at the former chemical fill area, and flood damage, if any.
Maintenance recommendations are also identified, as needed. The Site
completed the criteria for the Sitewide Ready for Anticipated Use
Government Performance and Results Act Measure and EPA Region 7 signed
the Superfund Property Reuse Evaluation Checklist for Reporting on July
7, 2006.
The ROD requires implementation of institutional controls in the
form of deed restrictions to be placed upon the landfill property. A
restrictive covenant was recorded on February 21, 2001, with the Floyd
County Recorder of Deeds that satisfies the institutional control
provision of the ROD and Consent Decree. Currently, the following
individual institutional controls exist at the Site:
An existing groundwater restrictive covenant in accordance
with the 1992 Consent Decree;
Regulatory restrictions against residential construction
because the Site is within the 100-year flood plain of the Cedar River;
Restrictions on groundwater use because it is within the
Charles City limits. City ordinance (City of Charles City Restriction
on Groundwater Use, Article 90.03) precludes the use of groundwater for
consumption, stating ``all residences and business establishments
within the city limits using water for human habitation or occupancy
shall connect to the public water system.'' The ordinance also
stipulates that ``No new wells shall be drilled and no repairs
requiring permits shall be made to a well within an area that is
contaminated or that may become contaminated due to contamination in
the vicinity of the well site;''
Regulatory restrictions against changing site use because
the Site is included in the registry of hazardous waste or hazardous
substance disposal sites under the Iowa Environmental Act. Any use
change would require approval from the State of Iowa.
The existing Site-specific institutional controls in combination
provide ample limitations of land and groundwater use at the Site. The
EPA will continue to review the need for an environmental covenant
during the Five-Year Review process.
Five-Year Review
Statutory five-year reviews are required at the Shaw Avenue Dump
Superfund Site since hazardous substances remain at the Site above
levels that allow for unlimited use and unrestricted exposure. Five-
year reviews were completed for the Site in 2005, 2010, and 2015. The
2015 Five-Year Review, or FYR, identified issues and recommendations
including the change in toxicity values for polyaromatic hydrocarbons,
benzene, xylene, toluene, and 2-nitroaniline and deferred
protectiveness until this information could be obtained. The 2015 FYR
also identified the potential change in exposure assumptions in the
Cedar River and an off-site recreational pond. Required sampling and
analysis was completed by the responsible parties to address issues and
recommendations from the 2015 FYR, and to support the required FYR
addendum.
The 2015 FYR was amended by the EPA under a FYR Addendum in 2017
and found that the remedies at OU1 and OU2 were protective of human
health and the environment. The sitewide protectiveness statement is
that the sitewide remedy is protective of human health and the
environment. The next Five-Year Review report will be completed by
August 21, 2020.
Community Involvement
Throughout the process from development of the remedy to completion
of the remedial activities, all phases of the Site remediation have
been an open process with input from Federal and state regulators,
Charles City, and members of the public. Over the life of the project,
there have been public comment periods and public meetings to ensure
that the local residents were able to contribute to the process and
express their opinions.
[[Page 25729]]
Public involvement has been included throughout the remediation
process at this Site and has been memorialized in operation documents
including the Consent Decree, proposed plans, and EPA Five-Year
Reviews. Public comments are also solicited during this partial
deletion with a notice in the local newspaper, the Charles City Press.
Determination That the Criteria for Deletion Have Been Met
In accordance with 40 CFR 300.425(e), the EPA Region 7 finds that
the OU1--Chemical Fill and Contaminated Soil of the Shaw Avenue Dump
Superfund Site (the subject of this deletion) meets the substantive
criteria for deletion from the NPL. The EPA has consulted with and has
the concurrence of the State of Iowa. All responsible parties or other
persons have implemented all appropriate response actions required. All
appropriate Fund-financed response under CERCLA was implemented, and no
further response action by responsible parties is appropriate.
The implemented remedy at the OU1--Chemical Fill and Contaminated
Soil has achieved the degree of cleanup specified in the ROD for all
pathways of exposure. All selected remedial action objectives and
associated cleanup levels are consistent with agency policy and
guidance. No further Superfund response is needed to protect human
health and the environment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
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.
Dated: May 28, 2019.
James Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2019-11542 Filed 6-3-19; 8:45 am]
BILLING CODE 6560-50-P