[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48682-48684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23319]
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[[Page 48683]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5299-4]
National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List
AGENCY: The Environmental Protection Agency.
ACTION: Notice of Intent to Delete the Arkansas City Dump Site from the
National Priorities List (NPL): Request for Comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region VII announces
its intent to delete the Arkansas City Dump Site from the 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 EPA promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA), as amended. This action, to delete
the site from the NPL, is proposed because the EPA has completed the
Superfund remedial action at this site.
DATES: Comments concerning this action may be submitted by October 20,
1995.
ADDRESSES: Comments to be considered by EPA in this decision should be
mailed to: David V. Crawford, Remedial Project Manager, Superfund
Division, U.S. Environmental Protection Agency/Region VII, 726
Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: David Crawford at (913) 551-7702.
SUPPLEMENTARY INFORMATION: Comprehensive information on this site is
available for public review in the Docket prepared by EPA, which
contains the documents and information EPA reviewed in the decision to
delete this site from the NPL. The Docket is available for public
review during normal business hours at the EPA Region VII Docket Room
at the above address and at the Public Library, 125 East Fifth Avenue,
Arkansas City, Kansas 67005. To obtain copies of documents in the
Docket or in the EPA Administrative Record or for additional
information, contact: David V. Crawford, Remedial Project Manager,
Superfund Division, U.S. Environmental Protection Agency/Region VII,
726 Minnesota Avenue, Kansas City, Kansas 66101.
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Bibliography
Section I is an introduction providing background information about
this site. Section II of this notice explains the criteria for deleting
sites from the NPL. Section III discusses the procedures for deleting
sites from the NPL. Section IV discusses how the site meets the NPL
deletion criteria. Section V lists references and sources of
information.
I. Introduction
The Environmental Protection Agency (EPA) Region VII announces its
intent to delete the Arkansas City Dump Site in Arkansas City, Kansas
from the National Priorities List (NPL), which constitutes Appendix B
of the NCP, and requests comments on this action.
The EPA identifies sites which may 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 Substances Superfund Response Trust
Fund or by responsible parties. Pursuant to the NCP at 40 CFR
300.425(e)(3), any site deleted from the NPL remains eligible for Fund-
financed actions if conditions at the site ever warrant.
The EPA will accept comments concerning the proposal to delete the
Arkansas City Dump Site from the NPL for thirty (30) calendar days
after publication of this notice in the Federal Register.
II. NPL Deletion Criteria
The NCP established the criteria that the Agency uses to delete
sites from the NPL. In accordance with the NCP at 40 CFR 300.425(e),
sites may be deleted from the NPL where no further response is
appropriate. In making this determination, EPA will consider whether
any of the following criteria have been met:
(i) EPA, in consultation with the State, has determined that
responsible parties or other parties have implemented all appropriate
response actions required; or
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented and EPA, in consultation with the State, has determined
that no further cleanup is appropriate; or
(iii) Based upon a remedial investigation, EPA, in consultation
with the State, has determined that the release poses no significant
threat to public health, welfare or the environment, and, therefore,
remedial measures are not required.
In addition to the above, for all remedial actions which result in
hazardous substances, pollutants or contaminants remaining at the site
above levels that allow for unlimited use and unrestricted exposure,
EPA will reassess the continued adequacy and protectiveness of the
remedial actions periodically, and no less than once every five years.
The EPA expects to conduct five-year reviews on the remedial action
completed on the Arkansas City Dump Site even after this site has been
deleted from the NPL.
III. Deletion Procedures
In the NPL rule-making published on October 15, 1984 (49 FR 40320),
the Agency solicited and received comments on whether the notice of
comment procedures following for adding sites to the NPL should also be
used before sites are deleted. The NCP, at 40 CFR 300.425(e)(4) and (5)
directs that the same Federal Register notice procedures for placing
sites on the NCP will be used for deleting sites from the NPL.
This Federal Register notice is EPA's notice of its intent to
delete the Arkansas City Dump Site from the NPL. The EPA will accept
comments from the public on this proposal for a period of thirty (30)
calendar days beginning today, the date of this notice in the Federal
Register. The EPA will address all significant comments received on
this proposal in a Responsiveness Summary, which EPA will place in the
Docket on this decision. After considering these comments, if EPA
decides to proceed with the deletion of the Arkansas City Dump Site
from the NPL, EPA will publish another notice in the Federal Register
recording this decision.
IV. Basis for Intended Site Deletion
The EPA has completed a final remedy remedial action at this site.
The remedial action was implemented by EPA using the Hazardous
Substances Response Trust Fund, because financially viable and liable
potentially responsible parties could not be identified.
The remedial action consisted of treating the acidic sludges with
cement kiln dust and lime to eliminate the acidity of the sludge. All
acidic sludge above the water table was treated, capped on the site,
and seeded with vegetation to minimize erosion. The site was then
posted with warning no-trespassing signs.
The EPA also completed the first year of operation and maintenance
(O&M) for the remedial action in November 1993. The O&M then became the
responsibility of the State of Kansas.
[[Page 48684]]
The EPA, in consultation with the State of Kansas, has determined
that a final remedy has been successfully completed by EPA at this
site. In consultation with the State of Kansas, EPA has further
determined that these remedial actions continue to be protective of
public health, welfare and the environment, thereby satisfying Deletion
Criteria ``ii'' above.
V. Bibliography
Remedial Investigation/Feasibility Study Reports, Kansas Department
of Health and Environment.
U.S. EPA Operable Unit Record of Decision, September 29, 1988.
U.S. EPA Explanation of Significant Difference, May 25, 1990.
U.S. EPA Proposed Plan, August 1989.
U.S. EPA Final Record of Decision, September 19, 1989.
Community Relations Plan, May 22, 1981.
Fluor Daniel, Inc. (EPA contractor) Final Report, Remedial Action
Implementation, Arkansas City Dump Site, February 1994.
U.S. EPA Superfund Site Closeout Report, August 1995.
Superfund State Contract, September 6, 1991.
Dated: August 31, 1995.
Gale Hutton,
Acting Regional Administrator.
[FR Doc. 95-23319 Filed 9-19-95; 8:45 am]
BILLING CODE 6560-50-P
