[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Proposed Rules]
[Pages 26463-26465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12375]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5824-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Southside Sanitary Landfill
Superfund Site from the National Priorities List; request for comments.
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SUMMARY: The United States Environmental Protection Agency (U.S. EPA)
Region V announces its intent to delete the Southside Sanitary Landfill
Site (the Site) from the National Priorities List (NPL) and requests
public comment on this action. The NPL constitutes Appendix B of 40 CFR
Part 300 which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which U.S. EPA promulgated pursuant to Section
105 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) as amended. This action is being taken
by U.S. EPA, because it has been determined that all responses under
CERCLA have been implemented and U.S. EPA, in consultation with the
State of Indiana (the State), has determined that no further response
actions are appropriate. Moreover, U.S. EPA and the State have
determined that remedial activities conducted at the Site to date have
been protective of public health, welfare, and the environment.
DATES: Comments concerning the proposed deletion of the Site from the
NPL may be submitted on or before June 13, 1997.
ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial
Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the Site
is available at U.S. EPA's Region V office and at the local information
repository located at: Indianapolis Public Library, 40 East St. Clair
Street, Indianapolis, IN 46204 and the Indiana Department of
Environmental Management (IDEM), Office of Environmental Response, 2525
North Shadeland Avenue, (2nd Floor), Indianapolis, IN 46219. Requests
for comprehensive copies of documents should be directed formally to
the Region V Docket Office. The address and phone number for the
Regional Docket Officer is Jan Pfundheller (H-7J), U.S. EPA, Region V,
77 W. Jackson Blvd., Chicago, IL 60604, 312) 353-5821.
FOR FURTHER INFORMATION CONTACT: Gladys Beard (SR-6J), Associate
Remedial Project Manager, Superfund Division, U.S. EPA, Region V, 77 W.
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Dave Novak (P-19J),
Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 886-9840.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
[[Page 26464]]
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The U.S. Environmental Protection Agency (EPA) Region V announces
its intent to delete the Southside Sanitary Landfill Site from the
National Priorities List (NPL), which constitutes Appendix B of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP),
and requests comments on the proposed deletion. The EPA identifies
sites that appear to present a significant risk to public health,
welfare or the environment, and maintains the NPL as the list of those
sites. Sites on the NPL may be the subject of remedial actions financed
by the Hazardous Substance Superfund Response Trust Fund (Fund).
Pursuant to Section 300.425(e)(3) of the NCP, any site deleted from the
NPL remains eligible for Fund-financed remedial actions if the
conditions at the site warrant such action.
The U.S. EPA will accept comments on this proposal for thirty (30)
days after publication of this notice in the Federal Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses the history of this site and explains
how the Site meets the deletion criteria.
Deletion of sites from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Furthermore, deletion
from the NPL does not in any way alter U.S. EPA's right to take
enforcement actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist in Agency management. The Site can
be restored to the NPL, if at anytime a significant release from the
Site poses a threat to the surrounding environment or human health.
II. NPL Deletion Criteria
The NCP establishes the criteria the Agency 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 this determination, U.S. 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; or
(ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are not appropriate.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
300.425(e) has been met, U.S. EPA may formally begin deletion
procedures once the State has concurred. This Federal Register notice,
and a concurrent notice in the local newspaper in the vicinity of the
Site, announces the initiation of a 30-day comment period. The public
is asked to comment on U.S. EPA's intention to delete the Site from the
NPL. All critical documents needed to evaluate U.S. EPA's decision are
included in the information repository and the deletion docket.
Upon completion of the public comment period, if necessary, the
U.S. EPA Regional Office will prepare a Responsiveness Summary to
evaluate and address comments that were received. The public is welcome
to contact the U.S. EPA Region V Office to obtain a copy of this
responsiveness summary, if one is prepared. If U.S. EPA then determines
the deletion from the NPL is appropriate, final notice of deletion will
be published in the Federal Register.
IV. Basis for Intended Site Deletion
The Southside Sanitary Landfill (the Site) is located on the west
bank of the White River, where it joins with Eagle Creek, one-half mile
south of the intersection of Kentucky Avenue and Warman Road located in
Indianapolis, IN. Landfill operations at this site began in 1971. The
initial operation was based on a cut and fill procedure. A trench,
approximately 100 feet wide and 8 feet deep, was excavated, filled with
solid waste, and then covered. After trenching was found to expose sand
and/or gravel pockets, a compacted soil liner was placed under the
fill. In 1981, operations switched to the area method of filling, which
consists of dumping, spreading, and covering.
Groundwater monitoring for contamination at the landfill began in
1973 when the United States Geological Survey installed 224 wells
around the portion of the landfill permitted to accept waste. In 1984,
U.S. EPA contractors conducted a site inspection at the facility to
acquire the data needed for a Hazard Ranking System scoring. On-site
wells sampled indicated the presence of heavy metals in the groundwater
at the facility. The groundwater sampling conducted at the Site can be
divided into two major categories for the purpose of groundwater
quality analyzed: (1.) The routine parameter analysis conducted from
1973-1984, which included only a few inorganic and organic parameters,
and (2.) Expansion of the routine parameter analysis by the State
agency monitoring programs to include additional inorganic and organic
parameters. These monitoring programs served as an independent check on
the landfill's quarterly water data. The metal analyses from all wells
sampled in 1984 were below Maximum Contaminant Levels (MCLs). Only the
iron and manganese results exceeded secondary MCLs in both upgradient
and downgradient wells.
In 1985, the operators signed an Agreed Order with the Indiana
State Board of Health to correct drainage problems identified on the
landfill surface. The Agreed Order, which also permitted vertical
expansion of the facility, served as the operating permit for the Site
until a Solid Waste Facility Permit FP #49-1 was issued by the State in
July 1996. The Site was scored and nominated for the NPL in 1986, and
finalized on the NPL in March 1989.
The first public meeting was conducted at the beginning of the
Remedial Investigation (RI) process in September 1992, at the Indiana
Government Center South located in Indianapolis. The final public
meeting was conducted in June 1995, after completion of the RI and
development of a Proposed Plan for Remedial Action. Before the public
meeting, IDEM prepared Fact Sheets describing site activities which
were mailed to the local residents, officials and media for
information. IDEM as the lead agency in consultation with U.S. EPA, set
a public comment period from June 19, to July 19, 1995. This comment
period included a public meeting where U.S. EPA and IDEM discussed the
RI report findings, the Proposed Plan, answered any questions, and
received formal comments.
The Record of Decision (ROD) was signed by IDEM's Commissioner on
September 14, 1995. The selected remedy for this site is no further
action. The Site operators had previously untaken specific remedial
measures in an attempt to decrease any threat of release of
contaminants from the Site. The measures included installation of a
hydraulic cut-off barrier and leachate collection system.
These actions were undertaken to comply with the requirements of an
Agreed Order (AO) signed between the South Side Landfill, Inc., under
Cause
[[Page 26465]]
No. N-243, approved on November 25, 1986. The AO provided for
construction and installation of a hydraulic cut-off barrier and
leachate collection system. Additionally the AO required the following:
a performance monitoring system, cover and grading requirements,
operating procedures, meeting closure and post-closure procedures and
requirements, and the establishment of both closure and post-closure
funds. This site is currently regulated under a State issued permit (FP
#49-1). The remedial action requirements as stated in the Agreed Order
(dated February 1990) have been incorporated into the current permit,
which requires regular inspections and monitoring schedules for a 30-
year post-closure period of the landfill. The permit (FP #49-1) was
issued under the state authority IC 13-15-7.
The Remedial Investigation results and risk assessment evaluation
established that the chemical contamination discovered at the Site,
with current remedial measures in place, does not pose an unacceptable
risk to the environment and human health. However, as waste was left in
place and contained, a 5-year review of site status which includes a
physical inspection of the Site and a review of monitoring data is
recommended.
EPA, with concurrence from the State of Indiana, has determined
that all appropriate Fund-financed responses under CERCLA at the
Southside Sanitary Landfill Superfund Site have been completed, and no
further CERCLA response is appropriate in order to provide protection
of human health and the environment. Therefore, EPA proposes to delete
the Site from the NPL.
Dated: May 1, 1997.
Michelle D. Jordan,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 97-12375 Filed 5-13-97; 8:45 am]
BILLING CODE 6560-50-P
