[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Rules and Regulations]
[Page 44467-44470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7790-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final notice of deletion of the Mid-America Tanning Co.
site from the National Priorities List (NPL).
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SUMMARY: The EPA, Region VII, is publishing a direct final notice of
deletion of the Mid-America Tanning Co. site (site), located near
Sergeant Bluff, Iowa, from the NPL.
The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is Appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the state of Iowa, through the Iowa Department of
Natural Resources (IDNR) because EPA has determined that all
appropriate response actions under CERCLA have been completed and,
therefore, further remedial action pursuant to CERCLA is not
appropriate.
DATES: This direct final deletion will be effective September 24, 2004
unless EPA receives adverse comments by August 25, 2004. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.
ADDRESSES: Comments may be mailed to Bob Stewart, Remedial Project
Manager, U.S. Environmental Protection Agency, Superfund Division, 901
North 5th Street, Kansas City, KS 66101.
Information Repositories: Comprehensive information on the site is
available for viewing in the Deletion Docket at the information
repositories located at: U.S. EPA Region VII, Superfund Division
Records Center, 901 North 5th Street, Kansas City, KS 66101; and the
IDNR, Henry A. Wallace Building, 900 East Grand, Des Moines, IA 50319.
FOR FURTHER INFORMATION CONTACT: Bob Stewart, Remedial Project Manager,
U.S. EPA, Superfund Division, 901 North 5th Street, Kansas City, KS
66101, fax (913) 551-9654, or 1-800-223-0425.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
The EPA, Region VII, is publishing this direct final notice of
deletion of the Mid-America Tanning Co. Superfund site from the NPL.
[[Page 44468]]
The EPA identifies sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those sites. As described in the Sec. 300.425(e)(3) of the NCP,
sites deleted from the NPL remain eligible for remedial actions if
conditions at a deleted site warrant such action.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective September 24, 2004
unless EPA receives adverse comments by August 25, 2004 on this
document. If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely withdrawal
of this direct final deletion before the effective date of the deletion
and the deletion will not take effect. The EPA will, as appropriate,
prepare a response to comments and continue with the deletion process
on the basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Mid-America Tanning Superfund
site and demonstrates how it meets the deletion criteria. Section V
states EPA's action to delete the site from the NPL unless adverse
comments are received during the comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a site from the NPL, EPA shall 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 (Hazardous Substance Superfund
Response Trust Fund) response under CERCLA has been implemented, and no
further response action by responsible parties is appropriate.
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.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site
be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the remedy remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. Whenever there is a significant release from
a site deleted from the NPL, the site shall be restored to the NPL
without the application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the site.
(1) The EPA consulted with the State of Iowa on the deletion of the
site from the NPL prior to developing this direct final notice of
deletion.
(2) The State of Iowa concurred with deletion of the site from the
NPL.
(3) Concurrently with the publication of this direct final notice
of deletion, a notice of the availability of the parallel notice of
intent to delete published today in the ``Proposed Rules'' section of
the Federal Register is being published in a major local newspaper of
general circulation at or near the site and is being distributed to
appropriate Federal, State, and local government officials and other
interested parties; the newspaper notice announces the 30-day public
comment period concerning the notice of intent to delete the site from
the NPL.
(4) The EPA placed copies of documents supporting the deletion in
the Deletion Docket at the site information repositories identified
above.
(5) If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely notice of
withdrawal of this direct final notice of deletion before its effective
date and will prepare a response to comments and continue with the
deletion process on the basis of the notice of intent to delete and the
comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of the site
from the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Intended Site Deletion
The following information provides EPA's rationale for deleting the
site from the NPL.
Site Location
The Mid-America Tanning Co. site is located in Woodbury County,
Iowa, and is a 98.7-acre site which lies near the Missouri River in the
Port Neal Industrial District four miles south of the town of Sergeant
Bluff.
Site History
The Mid-America Tanning Co. facility was a leather tannery which
operated from 1970 to 1989. In 1973, the plant began using a chrome
tanning process. Process wastewater containing debris, chromium, and
other chemicals was discharged to onsite surface impoundments. Chromium
contaminated sludge accumulated at the bottom of the surface
impoundments and was disposed of on site in trenches and in surface
soil. When the facility ceased operations in 1989, there was an
estimated 5,000 gallons of chromium tanning solution on site along with
525 gallons of sulfuric acid used in the tanning process.
The site was proposed to the NPL in June 1988 and became final in
March 1989 (54 FR 13296). The site posed a threat to the public health
through direct contact and through potential migration of chromium into
the surrounding groundwater that is the primary drinking water source
for approximately 850 individuals who live in the surrounding three-
mile radius of the site. This determination was made based on evidence
of repeated discharges of chromium at the site and groundwater samples
in exceedance of drinking water standards.
Remedial Investigation and Feasibility Study (RI/FS)
In December 1989, the EPA issued an administrative order to the
owner and operator of the MAT facility, the U.S. Tanning Co. (UST),
requiring UST to perform an investigation and removal action at the
site to determine the nature and extent of the contamination problem.
Having previously filed bankruptcy, the company failed to comply with
the order. Because of imminent health threats, EPA initiated a removal
action in 1990. The EPA removal action was directed toward immediate
site stabilization measures and included excavation and stockpiling of
contaminated sludge from the onsite burial trench, containment
[[Page 44469]]
and treatment of chromium tanning solutions, containment and
neutralization of sulfuric acids, and cursory decontamination of the
buildings.
In conjunction with the removal activities, EPA conducted an
investigation into the nature and extent of the contamination at the
site. During EPA's investigation of the site in 1991, 18 wells located
in shallow, intermediate, and deep water-bearing zones were sampled.
The data obtained from the wells indicated that the direction of
groundwater flow at the site is west to southwest toward the Missouri
River. The results of analysis of the groundwater samples indicated the
presence of chromium, lead, arsenic, and barium in the groundwater. The
extent of contaminated soil was determined from borings. Wastes and
liquids in the impoundments, treatment units, sludge disposal areas,
and Oxbow Lake were also sampled.
Record of Decision Findings
In September 1991, EPA decided on a cleanup plan which was
explained in a ``Record of Decision'' (ROD). The cleanup plan included
onsite stabilization of contaminated wastes followed by installation of
a soil cap and continued monitoring of the groundwater. The ROD stated
that the groundwater at the site will be addressed as a separate
operable unit and recommended further monitoring of the groundwater.
Subsequently, the EPA determined that the sludge in the surface
impoundment was emitting hydrogen sulfide gas and that the
implementation of the stabilization component of the cleanup plan would
likely result in the release of this gas at concentrations which would
pose a threat to public health and the environment. In response to the
new data regarding the hydrogen sulfide emissions, the EPA modified the
cleanup plan for the site in an amended ROD dated July 1996. The
modified plan included dewatering the impoundment areas; treating and
discharging the impoundment waters; excavating contaminated soils and
combining them with the contaminated impoundment sludge; capping the
impoundment soil/sludge; and decontaminating various cement structures
and a portion of one building.
A further assessment of the groundwater at the site was completed
in December 1997 in accordance with the sampling plan approved by EPA.
Twenty-one monitoring wells were sampled, obtaining water from both
shallow and deep water-bearing zones at the site. These samples were
analyzed for 19 analytes. The assessment showed that the groundwater
flow direction was consistent with that previously determined and also
found that upward hydraulic gradients were present. These upward
gradients are important because they prevent downward contaminant
migration and help limit migration at the site. Metals detected in
groundwater samples including arsenic, barium, and chromium, were well
below Maximum Contaminant Levels (MCL); the highest chromium levels
were less than 10 percent of the MCL. Lead, aluminum, and arsenic were
below Iowa Aquatic Standards as well. A ROD was issued in September
2000 following a public notice period and public meeting, which
determined that no further action was necessary for the groundwater at
the site.
Characterization of Risk
A baseline risk assessment was prepared by the EPA for the site. A
human health baseline risk assessment was prepared and was described in
the1991 ROD. For groundwater, the risk assessment assumed that
residents would use the groundwater as a drinking water source. The EPA
believed that future uses of the site will be industrial only; we,
however, evaluated contaminant levels in the groundwater against
drinking water standards for residential consumption as a conservative
first step.
The primary contaminant of concern at the site was chromium. This
chemical may pose adverse health effects at high concentrations or
exposures, and is considered to be a probable human carcinogen in the
hexavalent form if inhaled. Hexavalent chromium has not been found in
site groundwater. The volatilization of chromium dissolved in
groundwater should not occur during typical residential use. Trivalent
chromium, the form found at the site, is much less toxic.
To ensure protection of human health, the risk assessment assumed
that no action was taken on the groundwater at the site to remove the
contamination, and the highest exposure reasonably expected to occur at
the site was evaluated. Additionally, the EPA assumed that a future
resident drills a new well within the area of the groundwater
contamination and then drinks and bathes with contaminated groundwater.
Even under residential conditions, the highest concentration of
chromium in the groundwater would not pose adverse health effects.
In its 1991 ROD, the EPA concluded that the only other contaminant
in the groundwater at levels of concern was manganese, and that it
would naturally reduce in concentration as a result of the removal and
remedial actions at the site. The results of the 1997 sampling
confirmed that expectation and indicated that no contaminants are
present in the groundwater at levels of concern.
The ecological assessment in the 1991 ROD concluded that only
minimal impacts from site contaminants would be expected, and that a
response action based on human health risks would also reduce this
minimal threat to the environment. Based on the lack of any substantial
concentrations of contaminants in the groundwater and on the remedial
actions planned at the site, EPA decided that a threat to the surface
environment does not exist. Therefore, further actions taken solely to
protect surface environmental receptors were found to be unnecessary.
Response Actions
Following the initial removal action performed by EPA in 1990, site
conditions deteriorated due to vandalism and areas of the site were re-
contaminated. In 1994, EPA issued an Administrative Order to Foxley
Cattle Company, a Potentially Responsible Party (PRP), to perform a
second removal action to address re-contamination concerns, address the
hydrogen sulfide problem and provide for site security. The removal
action performed by Foxley was completed in 1995 and consisted of
decontaminating buildings, removal and disposal of drummed wastes, and
securing the site buildings and man-holes.
The EPA implemented remedial design efforts which included the
following work:
--Excavation and relocation of onsite contaminated soil, sediment, and
sludge materials;
--Coverage of those materials with multi-media landfill cap structures;
--Treatment of free wastewaters located in several site impoundments;
--Installation of floating geosynthetic covers on existing site
lagoons;
--Decontamination by steam cleaning of selected site facilities;
--Decontamination of selected buildings;
--Transfer of wastewaters from and to selected surface impoundments and
installation of chain link fencing.
This work was carried out and a final inspection was conducted on
May 19, 2000. On August 1, 2000, a Remedial Action (RA) Report was
completed, demonstrating successful completion of construction
activities. The site will remain suitable for industrial and commercial
uses. Institutional controls
[[Page 44470]]
have been placed on the site through the State of Iowa's Registry of
Hazardous Waste or Hazardous Substance Disposal Sites, which prevents
changes in land ownership or use without State approval. In addition, a
notice has been placed on the deed.
Cleanup Standards
Soil cleanup standards were set in the ROD at 2000 milligrams per
kilogram (mg/kg) total chromium. This standard was met and exceeded in
the site excavation work. The site work was considered to be completed
when the groundwater monitoring revealed no exceedance of MCLs, or
State action levels, for CERCLA contaminants of concern. All facets of
the ROD and amended ROD have been met as well. Because wastes remain at
the site in two capped landfills and in the covered impoundments, some
residual risks remain at the site that require continued operation and
maintenance activities, institutional controls, and five-year reviews.
Operations and Maintenance
The State of Iowa has provided in the State Superfund Contract with
EPA an adequate assurance to assume responsibility for operation and
maintenance activities, including institutional controls. The state is
conducting operation and maintenance activities pursuant to the
Surveillance and Maintenance Plan that was approved by EPA on September
12, 2000. Operation and maintenance of the landfill caps, floating
covers, and fences is required and will continue after site deletion,
since waste was left in place as part of the final source control
remedy. The Plan, dated September 1998 and revised by technical
memorandum of June 19, 2000, lists the activities to be performed,
including inspections every six months to ensure erosion control,
floating cover maintenance, mowing, and fence maintenance.
Institutional controls will also be maintained. No major problems have
been encountered.
Five-Year Review
A statutory Five-Year Review Report was completed on July 11, 2003,
pursuant to CERCLA 121 (c) and to Sec. 300.430(f)(4)(ii) of the NCP.
The report concluded that the remedy is protective of human health and
the environment, all threats at the site have been addressed, and
contaminants of concern in the groundwater have been shown to be below
drinking water standards. Another five-year review report is scheduled
for 2008.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Mailing lists were developed, fact sheets mailed out, and
public notices placed in newspapers in July 1991, May 1996, and July
2000 to support the proposed plans. Public meetings were held on July
30, 1991, and July 24, 2000; opportunity for a hearing was provided in
May 1996 but none was requested. In addition, a public notice for the
Five-Year Review was placed in June 2003. Documents in the Deletion
Docket which EPA relied on for recommendation of the deletion from the
NPL are available to the public in the information repositories. A
public notice for this action will also be published in the Sergeant
Bluff Advocate.
V. Deletion Action
The EPA, with concurrence of the State of Iowa, has determined that
all appropriate responses under CERCLA have been completed, and that no
further response actions, under CERCLA, are necessary. The State
concurrence letter dated May 11, 2004, states that IDNR concurs with
the proposed removal of the site from the NPL. It notes that such
removal will not disqualify the site for Superfund funds if additional
remedial work is deemed necessary in the future. The EPA agrees with
the State comment; therefore, EPA is deleting the site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective September 24, 2004 unless EPA receives adverse comments by
August 25, 2004. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion and it will not take effect and, EPA will prepare a response
to comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: June 21, 2004.
James B. Gulliford,
Regional Administrator, Region VII.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p.193.
Appendix B--[Amended]
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2. Table 1 of Appendix B to part 300 is amended by removing the site,
``Mid-America Tanning Co., Sergeant Bluff, IA.''
[FR Doc. 04-16726 Filed 7-23-04; 8:45 am]
BILLING CODE 6560-50-P