National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Electro-Coatings, Inc. Superfund Site, 33046-33050 [2019-14759]
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Federal Register / Vol. 84, No. 133 / Thursday, July 11, 2019 / Proposed Rules
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All interested parties are invited to
submit written comments on this
determination and may request a public
hearing. All comments will be
considered; if necessary, EPA will issue
a response. Frivolous or insubstantial
requests for a hearing may be denied by
the Regional Administrator. However, if
a substantial request for a public hearing
is made by August 12, 2019, a public
hearing will be held. A request for
public hearing shall include the
following: (1) The name, address, and
telephone number of the individual,
organization, or other entity requesting
a hearing; (2) a brief statement of the
requesting person’s interest in the
Regional Administrator’s determination
and of information that the requesting
person intends to submit at such a
hearing; and (3) the signature of the
individual making the request; or, if the
request is made on behalf of an
organization or other entity, the
signature of a responsible official of the
organization or other entity.
Dated: June 20, 2019.
Cosmo Servidio,
Regional Administrator, EPA Region III.
[FR Doc. 2019–14632 Filed 7–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0011; FRL–9996–
25–Region 7]
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National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Electro-Coatings, Inc. 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 ElectroCoatings, Inc. Superfund Site (Site)
located at 911 Shaver, Cedar Rapids,
Iowa, from the National Priorities List
SUMMARY:
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(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 (NCP). The EPA and
the State of Iowa, through the Iowa
Department of Natural Resources
(IDNR), have determined that all
required and appropriate response
actions at the Electro-Coatings under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
DATES: Comments must be received by
August 12, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1989–0011, by one of the
following methods:
• https://www.regulations.gov.
Follow on-line instructions for
submitting comments. 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
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
• Email: safadi.amer@epa.gov.
• Mail: U.S. Environmental
Protection Agency Region 7, 11201
Renner Boulevard, Lenexa, KS 66219.
Attention: Amer Safadi, SEMD Divison.
• Hand delivery: U.S. Environmental
Protection Agency, Region 7, 11201
Renner Boulevard, Lenexa, KS 66219.
Such deliveries are only accepted
between 8:00 a.m. and 4:00 p.m.
Monday through Friday, except federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1989–
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0011. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov 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 the EPA without going through
https://www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the 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 statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
The EPA Region 7 Records Center,
11201 Renner Boulevard, Lenexa, KS
66219 between 8 a.m. to 4 p.m. Monday
through Friday, excluding Federal
holidays; and the Cedar Rapids
Downtown Public Library, 450 Fifth
Avenue SE, Cedar Rapids, Iowa 52401.
Telephone number (319) 261–7323.
Open Monday through Thursday 9 a.m.
to 8 p.m.; Friday through Saturday 9
a.m. to 5 p.m.; and Sunday 1 p.m. to 5
p.m.
FOR FURTHER INFORMATION CONTACT:
Amer Safadi, Remedial Project Manager,
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
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Lenexa, Kansas 66219, email:
safadi.amer@epa.gov and phone
number: (913) 551–7825.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
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I. Introduction
The EPA Region 7 announces its
intent to delete the Electro-Coatings,
Inc. Superfund Site from the 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
(NCP), 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). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for Fundfinanced remedial actions if future
conditions warrant such actions.
The EPA will accept comments on the
proposal to delete this site for thirty (30)
days after publication of this document
in the Federal Register.
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 Electro-Coatings, Inc.
Superfund Site and demonstrates how it
meets the deletion criteria.
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), 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
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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.
III. Deletion Procedures
The following procedures apply to the
deletion of the Site:
(1) The EPA consulted with the State
before developing this Notice of Intent
for Deletion.
(2) The EPA has provided the state
thirty working days for review of this
notice prior to publication of it today.
(3) In accordance with the criteria
discussed above, the EPA in
consultation with the state, 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
Electro-Coatings, Inc. Superfund Site
from the NPL.
(5) Concurrently, with the publication
of this Notice of Intent for Deletion in
the Federal Register, a notice is being
published in The Gazette, a major local
newspaper in Cedar Rapids, Iowa. The
newspaper announces the thirty-day
public comment period concerning the
Notice of Intent to Delete the Site from
the NPL.
(6) The EPA placed copies of
documents supporting the proposed
deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
If comments are received within the
thirty-day comment period on this
document, the EPA will evaluate and
respond accordingly to the comments
before making a final decision to delete
the Electro-Coatings 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, in consultation with the
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State, it is still appropriate to delete the
Electro-Coatings Site, the Regional
Administrator will publish a final
Notice of 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 listed above.
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 the EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist the
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 Intended Site Deletion
The following information provides
the EPA’s rationale for deleting the
Electro-Coatings, Inc. Superfund Site
from the NPL:
Site Background and History
Site Location
The Electro-Coatings, Inc. Site is
located at 911 Shaver Road, along the
north shoreline of Cedar Lake in the
City of Cedar Rapids in Linn County,
Iowa. The Site occupies approximately
1.5 acres. Cedar Lake is 150 acres in size
and is privately owned by a utility
company. A recreational trail is located
along Cedar Lake and adjacent to the
Site. The Cedar River is located about
0.5 miles to the west of the Site. The
immediate area surrounding the ElectroCoatings Site is zoned as industrial.
Industrial uses in the vicinity have
included rubber manufacturing, scrap
metal operations, paper manufacturing,
cereal processing, grain alcohol
production, and operation of an electric
utility. The nearest residential area is
approximately 0.25 miles to the east of
the Site. Interstate Highway 380
separates the residential area from the
Site. The Cedar Rapids Water
Department has wells located to the
west and north of the Site. The closest
city wells are about 2,000 feet to the
west of the Site.
Historic Activities
Electro-Coatings, Inc. (ElectroCoatings) has operated a facility that
performs chromium, cadmium, nickel
and zinc plating since 1947.
Groundwater flow at the Site is
generally to the west-southwest towards
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the Cedar River. Groundwater flow in
the alluvial deposits is towards the
west-southwest, while groundwater
flow in the bedrock is towards the
southwest. The water level in Cedar
Lake is higher than the water levels in
all of the alluvial wells except
monitoring well (MW) -8, which is
located approximately 450 feet to the
north of the lake (Remedial
Investigation Report, Shive-Hattery
1992). These water levels suggest that
the sandy to silty aquifer is not
discharging into the lake. A small dam
located on the northwest corner of
Cedar Lake partially controls the lake
level.
In March of 1976, a yellow tinge was
noted in the cooling water being
discharged to Cedar Lake from the
Hawkeye Rubber Manufacturing
Company (Hawkeye Rubber), which was
located immediately to the west of the
Site. This water was found to contain a
high concentration of chromium coming
from the Hawkeye Rubber production
well (PW) -1. The source of chromium
was tracked to a leaking concrete tank
containing chromic acid at the ElectroCoatings facility. The chromium
contamination of groundwater from
Electro-Coatings was predominantly in
the hexavalent form.
Shortly after the discovery of the
chromium release, Electro-Coatings took
actions to prevent further releases in
response to requirements by the State of
Iowa. Electro-Coatings replaced the
leaky tank and injected ferrous sulfate
and sulfuric acid into the groundwater
in an attempt to reduce hexavalent
chromium to the less soluble trivalent
chromium. Electro-Coatings also
implemented a program to upgrade leak
prevention facilities throughout their
plant and, under order from the State,
installed monitoring wells and
conducted groundwater monitoring. In
addition, Hawkeye Rubber moved its
cooling-water discharge from Cedar
Lake to the Cedar Rapids sanitary sewer.
National Priorities List (NPL)
Designation
On June 24, 1988, the Site was
proposed to the NPL (53 FR 23978) and
on October 4,1989, the Site was placed
on the NPL (54 FR 41015) due to
concerns that chromium contamination
had the potential to affect the municipal
water-supply wells of the City of Cedar
Rapids, the closest of which is about
2,000 feet to the west of the Site. No
impacts to the city wells from the Site,
however, have ever been found. The
CERCLIS ID is IAD005279039. The Iowa
Department of Natural Resources (IDNR)
has served as the lead oversight agency
for the CERCLA remedial actions.
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Remedial Investigation and Feasibility
Study (RI/FS)
In 1991, remedial investigations by
Electro-Coatings revealed volatile
organic compound (VOC) contamination
in groundwater that appeared to be from
an off-site source. In October of 1992,
the IDNR completed a supplemental
investigation of the VOC contamination
and concluded that Hawkeye Rubber
was the primary source of VOCs. The
VOC contamination was attributed to
Hawkeye Rubber’s vapor degreasing
operation which utilized
tetrachloroethylene, also known as
perchloroethylene (PCE). During the
1991 remedial investigation (RI), and
the subsequent 1992 supplemental
investigation, it was concluded that the
primary source of VOC contamination
was attributed to the adjacent Hawkeye
Rubber, which used PCE for vapor
degreasing (TCE and cis-1,2-DCE are
known breakdown products of PCE
under certain geochemical and
microbiological conditions). Hawkeye
Rubber discontinued use of PCE for
degreasing upon its discovery as a
groundwater contaminant in 1992. Also,
soil sampling during the RI revealed
significant VOC contamination in the
vicinity of Hawkeye Rubber. Only very
low concentrations of VOCs were
identified in soils adjacent to the
Electro-Coatings facility. ElectroCoatings was determined to be a much
smaller source of VOC contamination
from previous use of trichloroethylene
(TCE) and 1,1,1-trichloroethane (1,1,1TCA).
In the spring of 1992, Electro-Coatings
discovered soil contamination as a
chromium dipping tank was being taken
out of service. Approximately seventy
cubic yards of soil and two-and one-half
cubic yards of concrete were removed
and disposed of at an off-site hazardous
waste facility.
A Baseline Risk Assessment (BLRA)
conducted by the IDNR in 1993
identified potentially unacceptable
short- and long-term risks to site
workers from the use of water from PW–
1 for drinking and showering due to
hexavalent chromium. Very low levels
of chromium (less than 10 percent of the
Safe Drinking Water Act Maximum
Contaminant Levels(MCLs) were
detected in some municipal watersupply wells. It is not known whether
these low-level detections were
attributed to the Electro-Coatings Site.
Although the IDNR initially expressed
concern that chromium contamination
had the potential to affect municipal
water-supply wells, the closest being
approximately 2,000 feet west of the
Site, the BLRA found no unacceptable
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risks based on the scenario used. The
BLRA scenario found that if all
groundwater contamination from the
Site was drawn into one city well, the
resulting contaminant levels in that
well—representing only about 4 percent
of the total water supply—would not
exceed the Maximum Contaminant
Levels (MCLs).
Record of Decision/Selected Remedy
The Record of Decision (ROD) for the
Electro-Coatings Superfund Site was
signed on September 29, 1994. The ROD
addressed potential threats from use of
water from the Hawkeye Rubber
production well and potential off-site
migration of contaminants. The ROD
included only one operable unit which
addressed groundwater contamination.
The remedy selected in the ROD was
monitoring with a contingency for
groundwater pump and discharge to the
publicly-owned treatment works
(POTW). Major Components of the
selected remedy included:
1. A contingency action if PW–1
ceases pumping or is found to not
prevent off-site migration of
contaminants. (Note: The remedy
contains no requirements for continued
operation of PW–1.)
2. If water quality monitoring reveals
off-site migration of contaminants above
drinking water standards, contingency
actions will be required, which would
involve installation of a new recovery
well or wells to provide adequate
containment of groundwater
contamination. Treatment of the
contaminated groundwater to reduce
hexavalent chromium to trivalent
chromium by chemical addition would
be provided, if necessary, prior to
discharge to the sanitary sewer under a
pretreatment agreement with the POTW.
3. Testing to determine the
effectiveness of PW–1 for containment
of groundwater contamination from
Electro-Coatings.
4. An evaluation of the adequacy of
the existing monitoring well network to
identify potential offsite migration of
contaminants, other than to PW–1.
Additional monitoring wells will be
installed if the monitoring well network
is found to be inadequate.
5. Develop and implement a
monitoring plan to include monitoring
procedures, locations of monitoring
wells, frequency of sampling, sampling
parameters, criteria for termination, and
provisions for modification of the plan.
The response action selected in the
ROD addressed all principal threats
posed by the Site and the potential for
direct ingestion of water containing
contaminants above health-based levels.
The objectives of the response action
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were to contain the contaminated
groundwater and to ensure that
groundwater not meeting health-based
criteria was not ingested. The remedy
prescribed in the ROD addressed this
through groundwater monitoring, with a
contingency for groundwater pump and
discharge to the POTW. The remedy
also acknowledged the contribution of
PW–1 in providing hydraulic
containment and preventing further
migration of contaminated groundwater.
In October of 1999, Electro-Coatings
and Shaver Road Investments, owner of
the property, entered into a consent
order with the State for implementation
of the ROD. In February 2000, Hawkeye
Rubber entered into a similar agreement
with the State, and in 2001, Alliant
Energy Company assumed Hawkeye
Rubber’s responsibilities after
purchasing the property from Hawkeye
Rubber. A joint effort by ElectroCoatings and Hawkeye Rubber,
involving continued pumping from PW–
1 and groundwater monitoring, was
initiated in the spring of 2000.
Operation of the Hawkeye Rubber
production well PW–1 continued until
August 2006, except for a few months in
2003 due to a fire. Pumping to address
the Hawkeye Rubber contamination was
reinstated in July of 2008 and
terminated again in September of 2009.
There have been no detections in water
from PW–1 of contaminants associated
with the Site since September 2003. The
last contaminant detected above an MCL
in a Site monitoring well was in October
2005, and that contaminant was
associated with Hawkeye Rubber, not
Electro-Coatings. As a result of these
findings, all active remedial measures
ceased with the discontinuation of
pumping from PW–1 in August 2006.
Starting in 2007, operation and
maintenance activities were limited to
semi-annual sampling of on-site
monitoring wells MW–7 and MW–9 and
this monitoring continued until
November 2009 when both wells
achieved the State consent order
requirements of three consecutive semiannual sampling events with no
exceedance of MCLs.
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Cleanup Levels
PCE, TCE, 1,1-DCE, cis-1,2-DCE,
Cadmium, and Nickel
For the contaminantes listed above,
the consent order implementing the
remedial measures prescribed in the
ROD stated that its requirements would
be satisfied when there were no
exceedances of the MCLs in at least
three consecutive semi-annual sampling
events and, if necessary, an appropriate
institutional control is in place. All
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monitoring and production wells had
achieved this goal by 2008 except MW–
5 and MW–9, which both showed
exceedances of TCE and cis-1,2-DCE
within the last three sampling events.
IDNR determined, however, that this
contamination was from the neighboring
Hawkeye Rubber site, as indicated
below, which is being addressed under
a separate action and not the ElectroCoatings, Inc. Site CERCLA response.
Therefore, IDNR determined that all
monitoring and production wells at the
Site had satisfied the MCL requirements
in November 2009 (IDNR, 2012). All
active remedial measures ceased with
the discontinuation of pumping from
PW–1 in August 2006.
Chromium Contamination in
Groundwater Analysis
The RI noted that hexavalent
chromium was used at the ElectroCoatings plant, which had a leaking
concrete tank determined to be the
source of groundwater contamination.
However, groundwater monitoring data
conducted at the Site from 2000 through
2009 demonstrates that all wells have
reached the ROD cleanup level of 100
ug/L, which was selected for total
chromium, based on the Federal MCL.
As a current drinking water aquifer and
in light of new hexavalent chromium
toxicity, the EPA evaluated site specific
information to determine that
groundwater is protective for current
and future drinking water purposes.
Below is a summary of this analysis.
Most wells were sampled until the
pumping well operation ceased in 2006,
with the exception of one downgradient
well (MW–1) and two wells
immediately downgradient of the source
area (MW–7 and MW–9), which were
sampled beyond 2006. PW–1 as well as
MW–2, MW–3, MW–4, MW–5, MW–5D,
and MW–10D, had multiple samples
collected in FY 2006, with all wells
showing total chromium being below
the MCL. To provide additional data
and a more conservative analysis, a
duplicate sample was collected from
these wells and results showed that total
chromium is at or below 20 ug/L for
these locations. For the remaining wells,
downgradient well MW–1 was sampled
once more in 2007 showing a
concentration of total chromium less
than 30 ug/L. This data, when compared
to previous sampling results, showed
that the groundwater continued to
attenuate and meet the MCLs after the
active treatment was terminated. The
two remaining source wells, MW–7 and
MW–9, upgradient of the pumping well,
required sampling until 2009 to
demonstrate compliance with MCLs.
For MW–7, quarterly samples collected
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33049
between 2008 and 2009 showed
concentrations ranging from less than 20
ug/L to 100 ug/L, with the last two
sampling events being below 20 ug/L,
thus demonstrating that the cleanup
level had been met. For MW–9, the last
two years of sampling showed a
decreasing trend, with the last sample
collected being less than 20 ug/L.
In summary, the groundwater sample
results for all wells sampled showed
final total chromium concentrations less
than 100 ug/L, and in most cases
concentrations less than 20 ug/L or 10
ug/L. The residual levels of total
chromium concentrations, specifically
the data results from the duplicate
samples and the recent source area well
analysis conducted at Hawkeye Rubber
in 2018 provide the EPA assurance that
the impacted groundwater is suitable for
drinking water and is protective of
human health and the environment for
total chromium and hexavalent
chromium.
Five Year Reviews
Per EPA policy, if a remedial action
is selected that does not result in
hazardous substances, pollutants, or
contaminants remaining at the site
above levels that allow for unlimited
use and unrestricted exposure, but will
take more than five years to complete,
the lead agency shall review such action
no less often than every five years after
the completion of construction. The
EPA Region 7 has conducted the third
and most recent FYR of the remedial
actions implemented at the ElectroCoatings Site from June 2015 through
September 2016. The triggering action
for this review was the signature date of
the previous FYR Report.
The third FYR was completed on
September 22, 2016 and found the
remedy to be protective of human health
and the environment in the short-term.
There was one issue and
recommendation, to collect and evaluate
additional surface water samples from
Cedar Lake to determine if potential
ecological threats exist. The EPA Region
7 subsequently collected and analyzed
surface water sample for hexavalent
chromium. All sample results were
below ambient water quality criteria.
The EPA subsequently performed a
screening level environmental risk
assessment and determined that there
was no risk to ecological receptors. The
one issue and recommendation from the
2016 FYR was resolved. The EPA is
completing a memorandum to the file
documenting these results and other
data associated with the Site to justify
discontinuing five-year reviews, as the
site has reached UU/UE.
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Federal Register / Vol. 84, No. 133 / Thursday, July 11, 2019 / Proposed Rules
Community Involvement
khammond on DSKBBV9HB2PROD with PROPOSALS2
Throughout the CERCLA process from
development of the Consent Order to
completion of remedial activities, all
phases of the remediation have had
input from Federal and State regulators
and members of the public. Over the life
of the project, there have been
numerous opportunities for public input
to express their opinions.
Public involvement has been sought
by IDNR, and EPA on many remediation
and operation documents, including
Proposed Plans, Decision Documents,
and EPA Five-Year Reviews. The last
public notice was placed in the Cedar
Rapids’ newspaper, The Gazette, on July
19, 2015, notifying the public of the
start of the third Five-Year Review
(FYR) process. The completed FYR
report was made available during the
public comment period at the EPA
Region 7 Records Center, located at
VerDate Sep<11>2014
17:00 Jul 10, 2019
Jkt 247001
11201 Renner Boulevard, Lenexa,
Kansas 66219, and the Cedar Rapids
Downtown Public Library, located at
450 Fifth Avenue SE, Cedar Rapids,
Iowa 52401.
are consistent with agency policy and
guidance. No further Superfund
response is needed to protect human
health and the environment.
Determination That the Criteria for
Deletion Have Been Met
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
In accordance with 40 CFR
300.425(e), the EPA Region 7
determined that the response at the Site
(the subject of this deletion) meets the
substantive criteria for deletion from the
NPL. All responsible parties or other
persons have implemented all
appropriate response actions required,
and no further response action by
responsible parties is appropriate. The
implemented remedies have achieved
the degree of cleanup specified in the
remedy decisions for all pathways of
exposure. All selected remedial action
objectives and associated cleanup levels
PO 00000
Frm 00040
Fmt 4702
Sfmt 9990
List of Subjects in 40 CFR Part 300
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: July 3, 2019
James Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2019–14759 Filed 7–10–19; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\11JYP1.SGM
11JYP1
Agencies
[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Proposed Rules]
[Pages 33046-33050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14759]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0011; FRL-9996-25-Region 7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Electro-Coatings, Inc.
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 Electro-Coatings, Inc. Superfund Site
(Site) located at 911 Shaver, Cedar Rapids, Iowa, from the National
Priorities List (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 (NCP). The EPA and the
State of Iowa, through the Iowa Department of Natural Resources (IDNR),
have determined that all required and appropriate response actions at
the Electro-Coatings under CERCLA have been completed. However, this
deletion does not preclude future actions under Superfund.
DATES: Comments must be received by August 12, 2019.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0011, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments. 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 making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Email: [email protected].
Mail: U.S. Environmental Protection Agency Region 7, 11201
Renner Boulevard, Lenexa, KS 66219. Attention: Amer Safadi, SEMD
Divison.
Hand delivery: U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard, Lenexa, KS 66219. Such deliveries are
only accepted between 8:00 a.m. and 4:00 p.m. Monday through Friday,
except federal holidays. Special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov 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 the EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If the 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 statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
The EPA Region 7 Records Center, 11201 Renner Boulevard, Lenexa, KS
66219 between 8 a.m. to 4 p.m. Monday through Friday, excluding Federal
holidays; and the Cedar Rapids Downtown Public Library, 450 Fifth
Avenue SE, Cedar Rapids, Iowa 52401. Telephone number (319) 261-7323.
Open Monday through Thursday 9 a.m. to 8 p.m.; Friday through Saturday
9 a.m. to 5 p.m.; and Sunday 1 p.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Amer Safadi, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
[[Page 33047]]
Lenexa, Kansas 66219, email: [email protected] and phone number:
(913) 551-7825.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The EPA Region 7 announces its intent to delete the Electro-
Coatings, Inc. Superfund Site from the 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 (NCP), 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). 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.
The EPA will accept comments on the proposal to delete this site
for thirty (30) days after publication of this document in the Federal
Register.
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 Electro-Coatings, Inc.
Superfund Site and demonstrates how it meets the deletion criteria.
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), 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.
III. Deletion Procedures
The following procedures apply to the deletion of the Site:
(1) The EPA consulted with the State before developing this Notice
of Intent for Deletion.
(2) The EPA has provided the state thirty working days for review
of this notice prior to publication of it today.
(3) In accordance with the criteria discussed above, the EPA in
consultation with the state, 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 Electro-Coatings,
Inc. Superfund Site from the NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Deletion in the Federal Register, a notice is being published in The
Gazette, a major local newspaper in Cedar Rapids, Iowa. The newspaper
announces the thirty-day public comment period concerning the Notice of
Intent to Delete the Site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
If comments are received within the thirty-day comment period on
this document, the EPA will evaluate and respond accordingly to the
comments before making a final decision to delete the Electro-Coatings
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, in consultation with the State,
it is still appropriate to delete the Electro-Coatings Site, the
Regional Administrator will publish a final Notice of 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 listed above.
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 the EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist the 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 Intended Site Deletion
The following information provides the EPA's rationale for deleting
the Electro-Coatings, Inc. Superfund Site from the NPL:
Site Background and History
Site Location
The Electro-Coatings, Inc. Site is located at 911 Shaver Road,
along the north shoreline of Cedar Lake in the City of Cedar Rapids in
Linn County, Iowa. The Site occupies approximately 1.5 acres. Cedar
Lake is 150 acres in size and is privately owned by a utility company.
A recreational trail is located along Cedar Lake and adjacent to the
Site. The Cedar River is located about 0.5 miles to the west of the
Site. The immediate area surrounding the Electro-Coatings Site is zoned
as industrial. Industrial uses in the vicinity have included rubber
manufacturing, scrap metal operations, paper manufacturing, cereal
processing, grain alcohol production, and operation of an electric
utility. The nearest residential area is approximately 0.25 miles to
the east of the Site. Interstate Highway 380 separates the residential
area from the Site. The Cedar Rapids Water Department has wells located
to the west and north of the Site. The closest city wells are about
2,000 feet to the west of the Site.
Historic Activities
Electro-Coatings, Inc. (Electro-Coatings) has operated a facility
that performs chromium, cadmium, nickel and zinc plating since 1947.
Groundwater flow at the Site is generally to the west-southwest
towards
[[Page 33048]]
the Cedar River. Groundwater flow in the alluvial deposits is towards
the west-southwest, while groundwater flow in the bedrock is towards
the southwest. The water level in Cedar Lake is higher than the water
levels in all of the alluvial wells except monitoring well (MW) -8,
which is located approximately 450 feet to the north of the lake
(Remedial Investigation Report, Shive-Hattery 1992). These water levels
suggest that the sandy to silty aquifer is not discharging into the
lake. A small dam located on the northwest corner of Cedar Lake
partially controls the lake level.
In March of 1976, a yellow tinge was noted in the cooling water
being discharged to Cedar Lake from the Hawkeye Rubber Manufacturing
Company (Hawkeye Rubber), which was located immediately to the west of
the Site. This water was found to contain a high concentration of
chromium coming from the Hawkeye Rubber production well (PW) -1. The
source of chromium was tracked to a leaking concrete tank containing
chromic acid at the Electro-Coatings facility. The chromium
contamination of groundwater from Electro-Coatings was predominantly in
the hexavalent form.
Shortly after the discovery of the chromium release, Electro-
Coatings took actions to prevent further releases in response to
requirements by the State of Iowa. Electro-Coatings replaced the leaky
tank and injected ferrous sulfate and sulfuric acid into the
groundwater in an attempt to reduce hexavalent chromium to the less
soluble trivalent chromium. Electro-Coatings also implemented a program
to upgrade leak prevention facilities throughout their plant and, under
order from the State, installed monitoring wells and conducted
groundwater monitoring. In addition, Hawkeye Rubber moved its cooling-
water discharge from Cedar Lake to the Cedar Rapids sanitary sewer.
National Priorities List (NPL) Designation
On June 24, 1988, the Site was proposed to the NPL (53 FR 23978)
and on October 4,1989, the Site was placed on the NPL (54 FR 41015) due
to concerns that chromium contamination had the potential to affect the
municipal water-supply wells of the City of Cedar Rapids, the closest
of which is about 2,000 feet to the west of the Site. No impacts to the
city wells from the Site, however, have ever been found. The CERCLIS ID
is IAD005279039. The Iowa Department of Natural Resources (IDNR) has
served as the lead oversight agency for the CERCLA remedial actions.
Remedial Investigation and Feasibility Study (RI/FS)
In 1991, remedial investigations by Electro-Coatings revealed
volatile organic compound (VOC) contamination in groundwater that
appeared to be from an off-site source. In October of 1992, the IDNR
completed a supplemental investigation of the VOC contamination and
concluded that Hawkeye Rubber was the primary source of VOCs. The VOC
contamination was attributed to Hawkeye Rubber's vapor degreasing
operation which utilized tetrachloroethylene, also known as
perchloroethylene (PCE). During the 1991 remedial investigation (RI),
and the subsequent 1992 supplemental investigation, it was concluded
that the primary source of VOC contamination was attributed to the
adjacent Hawkeye Rubber, which used PCE for vapor degreasing (TCE and
cis-1,2-DCE are known breakdown products of PCE under certain
geochemical and microbiological conditions). Hawkeye Rubber
discontinued use of PCE for degreasing upon its discovery as a
groundwater contaminant in 1992. Also, soil sampling during the RI
revealed significant VOC contamination in the vicinity of Hawkeye
Rubber. Only very low concentrations of VOCs were identified in soils
adjacent to the Electro-Coatings facility. Electro-Coatings was
determined to be a much smaller source of VOC contamination from
previous use of trichloroethylene (TCE) and 1,1,1-trichloroethane
(1,1,1-TCA).
In the spring of 1992, Electro-Coatings discovered soil
contamination as a chromium dipping tank was being taken out of
service. Approximately seventy cubic yards of soil and two-and one-half
cubic yards of concrete were removed and disposed of at an off-site
hazardous waste facility.
A Baseline Risk Assessment (BLRA) conducted by the IDNR in 1993
identified potentially unacceptable short- and long-term risks to site
workers from the use of water from PW-1 for drinking and showering due
to hexavalent chromium. Very low levels of chromium (less than 10
percent of the Safe Drinking Water Act Maximum Contaminant Levels(MCLs)
were detected in some municipal water-supply wells. It is not known
whether these low-level detections were attributed to the Electro-
Coatings Site. Although the IDNR initially expressed concern that
chromium contamination had the potential to affect municipal water-
supply wells, the closest being approximately 2,000 feet west of the
Site, the BLRA found no unacceptable risks based on the scenario used.
The BLRA scenario found that if all groundwater contamination from the
Site was drawn into one city well, the resulting contaminant levels in
that well--representing only about 4 percent of the total water
supply--would not exceed the Maximum Contaminant Levels (MCLs).
Record of Decision/Selected Remedy
The Record of Decision (ROD) for the Electro-Coatings Superfund
Site was signed on September 29, 1994. The ROD addressed potential
threats from use of water from the Hawkeye Rubber production well and
potential off-site migration of contaminants. The ROD included only one
operable unit which addressed groundwater contamination. The remedy
selected in the ROD was monitoring with a contingency for groundwater
pump and discharge to the publicly-owned treatment works (POTW). Major
Components of the selected remedy included:
1. A contingency action if PW-1 ceases pumping or is found to not
prevent off-site migration of contaminants. (Note: The remedy contains
no requirements for continued operation of PW-1.)
2. If water quality monitoring reveals off-site migration of
contaminants above drinking water standards, contingency actions will
be required, which would involve installation of a new recovery well or
wells to provide adequate containment of groundwater contamination.
Treatment of the contaminated groundwater to reduce hexavalent chromium
to trivalent chromium by chemical addition would be provided, if
necessary, prior to discharge to the sanitary sewer under a
pretreatment agreement with the POTW.
3. Testing to determine the effectiveness of PW-1 for containment
of groundwater contamination from Electro-Coatings.
4. An evaluation of the adequacy of the existing monitoring well
network to identify potential offsite migration of contaminants, other
than to PW-1. Additional monitoring wells will be installed if the
monitoring well network is found to be inadequate.
5. Develop and implement a monitoring plan to include monitoring
procedures, locations of monitoring wells, frequency of sampling,
sampling parameters, criteria for termination, and provisions for
modification of the plan.
The response action selected in the ROD addressed all principal
threats posed by the Site and the potential for direct ingestion of
water containing contaminants above health-based levels. The objectives
of the response action
[[Page 33049]]
were to contain the contaminated groundwater and to ensure that
groundwater not meeting health-based criteria was not ingested. The
remedy prescribed in the ROD addressed this through groundwater
monitoring, with a contingency for groundwater pump and discharge to
the POTW. The remedy also acknowledged the contribution of PW-1 in
providing hydraulic containment and preventing further migration of
contaminated groundwater.
In October of 1999, Electro-Coatings and Shaver Road Investments,
owner of the property, entered into a consent order with the State for
implementation of the ROD. In February 2000, Hawkeye Rubber entered
into a similar agreement with the State, and in 2001, Alliant Energy
Company assumed Hawkeye Rubber's responsibilities after purchasing the
property from Hawkeye Rubber. A joint effort by Electro-Coatings and
Hawkeye Rubber, involving continued pumping from PW-1 and groundwater
monitoring, was initiated in the spring of 2000.
Operation of the Hawkeye Rubber production well PW-1 continued
until August 2006, except for a few months in 2003 due to a fire.
Pumping to address the Hawkeye Rubber contamination was reinstated in
July of 2008 and terminated again in September of 2009. There have been
no detections in water from PW-1 of contaminants associated with the
Site since September 2003. The last contaminant detected above an MCL
in a Site monitoring well was in October 2005, and that contaminant was
associated with Hawkeye Rubber, not Electro-Coatings. As a result of
these findings, all active remedial measures ceased with the
discontinuation of pumping from PW-1 in August 2006.
Starting in 2007, operation and maintenance activities were limited
to semi-annual sampling of on-site monitoring wells MW-7 and MW-9 and
this monitoring continued until November 2009 when both wells achieved
the State consent order requirements of three consecutive semi-annual
sampling events with no exceedance of MCLs.
Cleanup Levels
PCE, TCE, 1,1-DCE, cis-1,2-DCE, Cadmium, and Nickel
For the contaminantes listed above, the consent order implementing
the remedial measures prescribed in the ROD stated that its
requirements would be satisfied when there were no exceedances of the
MCLs in at least three consecutive semi-annual sampling events and, if
necessary, an appropriate institutional control is in place. All
monitoring and production wells had achieved this goal by 2008 except
MW-5 and MW-9, which both showed exceedances of TCE and cis-1,2-DCE
within the last three sampling events. IDNR determined, however, that
this contamination was from the neighboring Hawkeye Rubber site, as
indicated below, which is being addressed under a separate action and
not the Electro-Coatings, Inc. Site CERCLA response. Therefore, IDNR
determined that all monitoring and production wells at the Site had
satisfied the MCL requirements in November 2009 (IDNR, 2012). All
active remedial measures ceased with the discontinuation of pumping
from PW-1 in August 2006.
Chromium Contamination in Groundwater Analysis
The RI noted that hexavalent chromium was used at the Electro-
Coatings plant, which had a leaking concrete tank determined to be the
source of groundwater contamination. However, groundwater monitoring
data conducted at the Site from 2000 through 2009 demonstrates that all
wells have reached the ROD cleanup level of 100 ug/L, which was
selected for total chromium, based on the Federal MCL. As a current
drinking water aquifer and in light of new hexavalent chromium
toxicity, the EPA evaluated site specific information to determine that
groundwater is protective for current and future drinking water
purposes. Below is a summary of this analysis.
Most wells were sampled until the pumping well operation ceased in
2006, with the exception of one downgradient well (MW-1) and two wells
immediately downgradient of the source area (MW-7 and MW-9), which were
sampled beyond 2006. PW-1 as well as MW-2, MW-3, MW-4, MW-5, MW-5D, and
MW-10D, had multiple samples collected in FY 2006, with all wells
showing total chromium being below the MCL. To provide additional data
and a more conservative analysis, a duplicate sample was collected from
these wells and results showed that total chromium is at or below 20
ug/L for these locations. For the remaining wells, downgradient well
MW-1 was sampled once more in 2007 showing a concentration of total
chromium less than 30 ug/L. This data, when compared to previous
sampling results, showed that the groundwater continued to attenuate
and meet the MCLs after the active treatment was terminated. The two
remaining source wells, MW-7 and MW-9, upgradient of the pumping well,
required sampling until 2009 to demonstrate compliance with MCLs. For
MW-7, quarterly samples collected between 2008 and 2009 showed
concentrations ranging from less than 20 ug/L to 100 ug/L, with the
last two sampling events being below 20 ug/L, thus demonstrating that
the cleanup level had been met. For MW-9, the last two years of
sampling showed a decreasing trend, with the last sample collected
being less than 20 ug/L.
In summary, the groundwater sample results for all wells sampled
showed final total chromium concentrations less than 100 ug/L, and in
most cases concentrations less than 20 ug/L or 10 ug/L. The residual
levels of total chromium concentrations, specifically the data results
from the duplicate samples and the recent source area well analysis
conducted at Hawkeye Rubber in 2018 provide the EPA assurance that the
impacted groundwater is suitable for drinking water and is protective
of human health and the environment for total chromium and hexavalent
chromium.
Five Year Reviews
Per EPA policy, if a remedial action is selected that does not
result in hazardous substances, pollutants, or contaminants remaining
at the site above levels that allow for unlimited use and unrestricted
exposure, but will take more than five years to complete, the lead
agency shall review such action no less often than every five years
after the completion of construction. The EPA Region 7 has conducted
the third and most recent FYR of the remedial actions implemented at
the Electro-Coatings Site from June 2015 through September 2016. The
triggering action for this review was the signature date of the
previous FYR Report.
The third FYR was completed on September 22, 2016 and found the
remedy to be protective of human health and the environment in the
short-term. There was one issue and recommendation, to collect and
evaluate additional surface water samples from Cedar Lake to determine
if potential ecological threats exist. The EPA Region 7 subsequently
collected and analyzed surface water sample for hexavalent chromium.
All sample results were below ambient water quality criteria. The EPA
subsequently performed a screening level environmental risk assessment
and determined that there was no risk to ecological receptors. The one
issue and recommendation from the 2016 FYR was resolved. The EPA is
completing a memorandum to the file documenting these results and other
data associated with the Site to justify discontinuing five-year
reviews, as the site has reached UU/UE.
[[Page 33050]]
Community Involvement
Throughout the CERCLA process from development of the Consent Order
to completion of remedial activities, all phases of the remediation
have had input from Federal and State regulators and members of the
public. Over the life of the project, there have been numerous
opportunities for public input to express their opinions.
Public involvement has been sought by IDNR, and EPA on many
remediation and operation documents, including Proposed Plans, Decision
Documents, and EPA Five-Year Reviews. The last public notice was placed
in the Cedar Rapids' newspaper, The Gazette, on July 19, 2015,
notifying the public of the start of the third Five-Year Review (FYR)
process. The completed FYR report was made available during the public
comment period at the EPA Region 7 Records Center, located at 11201
Renner Boulevard, Lenexa, Kansas 66219, and the Cedar Rapids Downtown
Public Library, located at 450 Fifth Avenue SE, Cedar Rapids, Iowa
52401.
Determination That the Criteria for Deletion Have Been Met
In accordance with 40 CFR 300.425(e), the EPA Region 7 determined
that the response at the Site (the subject of this deletion) meets the
substantive criteria for deletion from the NPL. All responsible parties
or other persons have implemented all appropriate response actions
required, and no further response action by responsible parties is
appropriate. The implemented remedies have achieved the degree of
cleanup specified in the remedy decisions 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 waste, Hazardous substances, 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: July 3, 2019
James Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2019-14759 Filed 7-10-19; 8:45 am]
BILLING CODE 6560-50-P