This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

25292

Vol. 65, No. 84

Monday, May 1, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 99–038–3]

Tuberculosis in Cattle, Bison, Goats,

and Captive Cervids; State and Zone

Designations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of reopening and

extension of comment period.

SUMMARY: We are reopening and

extending the comment period for our

proposed rule that would amend the

bovine tuberculosis regulations to

establish new levels of tuberculosis risk

classifications to be applied to States

and zones within States. The proposed

rule would also classify States and

zones according to their tuberculosis

risk with regard to captive cervids.

Additionally, it would amend the

regulations to specify that the

regulations apply to goats as well as to

cattle, bison, and captive cervids, and

would increase the amount of testing

that must be done before certain cattle,

bison, and goats may be moved

interstate. This action will allow

interested persons additional time to

prepare and submit comments.

DATES: We invite you to comment on

Docket No. 99–038–1. We will consider

all comments that we receive by May 8,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–038–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238.

Please state that your comment refers

to Docket No. 99–038–1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue,

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Joseph Van Tiem, Senior Staff

Veterinarian, VS, APHIS, USDA, 4700

River Road Unit 43, Riverdale, MD

20737–1231; (301) 734–7716.

SUPPLEMENTARY INFORMATION:

Background

On March 7, 2000, we published in

the Federal Register (65 FR 11912–

11940, Docket No. 99–038–1) a proposal

to amend the bovine tuberculosis

regulations, contained in 9 CFR part 77.

We proposed to: (1) Establish several

new levels of tuberculosis risk

classifications to be applied to States

and zones within States; (2) classify

States and zones according their

tuberculosis risk with regard to captive

cervids; (3) apply the regulations to

goats as well as to cattle, bison, and

captive cervids; and (4) increase the

amount of testing required for the

interstate movement of certain cattle,

bison, and goats.

Comments on the proposed rule were

required to be received on or before

April 21, 2000. On March 24, 2000, we

published in the Federal Register (65

FR 15877–15878, Docket No. 99–038–2)

a correction to Docket No. 99–038–1.

Comments on the proposed rule as

corrected were required to be received

on or before April 21, 2000.

Several commenters have requested

that we extend the comment period on

Docket No. 99–038–1 to allow

additional time for members of the

public to review the proposed rule and

to submit comments. In response to

these requests, we are reopening and

extending the comment period on

Docket No. 99–038–1 until May 8, 2000.

This action will allow interested

persons additional time to prepare and

submit comments.

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, and 134f; 7 CFR 2.22,

2.80, and 371.2(d).

Done at Washington, DC, this 26th day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–10809 Filed 4–28–00; 8:45 am]

BILLING CODE 3410–34–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6585–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete the

Tenth Street Superfund Site from the

National Priorities List and Request for

Comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 6 announces its

intent to delete the Tenth Street

Superfund Site located in Oklahoma

County, Oklahoma (Site) from the

National Priorities List (NPL) and

requests public comment on this

proposed action. All public comments

regarding this proposed action which

are submitted within 30 days of the date

of this notice, to the address indicated

below, will be considered by EPA. The

NPL, promulgated pursuant to Section

105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) of 1980, as amended, is

codified at Appendix B to the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR Part

300. The EPA and the State of

Oklahoma, through the Oklahoma

Department of Environmental Quality

(ODEQ), have determined that the Site

poses no significant threat to public

health or the environment and,

therefore, further remedial measures

pursuant to CERCLA are not appropriate

and the Site should be deleted from the

NPL.

DATES: The EPA will consider

comments received by May 31, 2000.

Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Proposed Rules 25293

1The ‘‘Fund’’ referred to here is the Hazardous

Substance Superfund established by section 9507 of

chapter 98 of the Internal Revenue Code of 1986.

2Contaminated soil remains on the Site under a

multi-media impermeable cap which covers

approximately 3.5 acres of the Site. EPA considers

the cap to be protective; nonetheless, since

hazardous substances will remain on the Site, EPA

is required to conduct the CERCLA-required fiveyear reviews.

3The Hazardous Ranking System is the method

used by EPA to evaluate the relative potential of

hazardous substance releases to cause health or

safety problems, or ecological or environmental

damage.

ADDRESSES: Comments may be mailed

to: Mr. Donn Walters, Community

Relations Coordinator (6SF–PO), U.S.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202–2733; (214) 665–6483 or

1–800–533–3508 (Toll Free).

Information Repositories:

Comprehensive information on the Site

has been compiled in a public deletion

docket which may be reviewed and

copied during normal business hours at

the following Tenth Street Superfund

Site information repositories:

U.S. EPA Region 6 Library (12th Floor),

1445 Ross Avenue, Dallas, Texas

75202–2733, 1–800–533–3508 (Toll

Free)

Ralph Ellison Library, 2000 N.E. 23rd

Street, Oklahoma City, Oklahoma

73111, (405) 424–1437

FOR FURTHER INFORMATION CONTACT: Mr.

Noel Bennett, Remedial Project Manager

(6SF–AP), U.S. Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733;

(214) 665–8514.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

This document was prepared by EPA

Region 6 as Notice of Intent to Delete

(NOID) the Tenth Street Superfund Site,

Oklahoma City, Oklahoma County,

Oklahoma (EPA Site Spill No. 0684;

CERCLIS No. OKD980620967), from the

National Priorities List (NPL). 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 these sites. As

described in 40 CFR 300.425(e)(3) of the

NCP, sites deleted from the NPL remain

eligible for remedial actions in the

unlikely event that conditions at the site

warrant such action.

The EPA will consider comments

concerning this NOID which are

submitted within thirty days of the date

of this NOID. EPA has also published a

notice of the availability of this NOID in

the Daily Oklahoman.

Section II of this NOID explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses the Tenth Street Superfund

Site and explains that the Site meets the

deletion criteria.

II. NPL Depletion Criteria

The NCP, at 40 CFR 300.425(e),

provides that releases may be deleted

from or recategorized on the NPL if 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 has been met:

i. Responsible parties or other parties

have implemented all appropriate

response actions required;

ii. All appropriate Fund-financed 1

response under CERCLA has been

implemented, and no further 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, taking of

remedial measures is not appropriate.

If, at the site of a release, EPA selects

a remedial action that results in any

hazardous substances, pollutants, or

contaminants remaining at the site,

CERCLA Subsection 121(c), 42 U.S.C.

Section 121(c), requires that EPA review

such remedial action no less often than

each 5 years to ensure that human

health and the environment are being

protected by the remedial action. Since

hazardous substances will remain at the

Site,2 EPA shall conduct such reviews.

Whenever there is a significant release

from a site deleted from the NPL, the

site may be restored to the NPL without

application of the Hazard Ranking

System.3

III. Deletion Procedures

EPA followed these procedures

regarding the proposed deletion:

(1) EPA Region 6 made a

determination that no further response

action is necessary to ensure protection

of human health and the environment

and that the Site may be deleted from

the NPL;

(2) EPA has consulted with the

appropriate environmental agency, the

Oklahoma Department of Environmental

Quality (ODEQ), and ODEQ concurs

with EPA’s proposed deletion decision;

(3) EPA has published, in a major

local newspaper of general circulation at

or near the Site, a notice of availability

of the NOID, which includes an

announcement of a 30-day public

comment period regarding the NOID,

and EPA distributed the NOID to

appropriate State, local and Federal

officials, and to other interested parties;

and

(4) EPA made copies of information

supporting the proposed deletion (i.e.,

the public deletion docket) available for

public review in the Site information

repositories (the locations of these

repositories are identified above).

Deletion of a site from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations. As

mentioned in Section II of this Notice,

40 CFR 300.425(e)(3) of the NCP states

that the deletion of a site from the NPL

does not preclude eligibility of the site

for future response actions.

For deletion of this Site, EPA Region

6 will accept and evaluate public

comments on this NOID before making

a final decision to delete. If necessary,

EPA will prepare a Responsiveness

Summary to address any significant

public comments received.

A deletion occurs when the Regional

Administrator places a final notice in

the Federal Register. Generally, the NPL

will reflect deletions in the final update

following the Notice. Public notices and

copies of the Responsiveness Summary

will be made available to local residents

by EPA Region 6.

IV. Basis for Intended Site Deletion

A. Site Location and Description

The Tenth Street Superfund Site (Site)

is located at 3200 N.E. Tenth Street

between Bryant Avenue and the North

Canadian River and covers

approximately 3.5 acres. The Site is

located in Township 12N, Range 2W,

Section 31 (the northeast corner of the

Site is 35°28′42′′ north latitude and

97°27′14′′ west longitude). One

residence is located adjacent to the west

side of the Site. Residential subdivisions

are located approximately one block to

the north and approximately one block

to the west of the Site.

B. Site History

Aerial photos have been used to

identify early Site activities. These show

that in 1951 a meander loop of the

North Canadian River cut almost

directly through the Site. Between 1951

and 1954, the River was channelized

and levees constructed on both sides of

the River. The Site, including the cutoff

meander loop, was operated as a

municipal landfill during this period.

No activity at the Site is noted between

1954 and 1959. Beginning in 1959, Mr.

Raymond Cobb leased the Site from Mr.

Sullivan Scott and used the Site as a

salvage yard, accepting materials such

25294 Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Proposed Rules

as tires, solvents, and transformers. The

dielectric fluids from the transformers

contained Polychlorinated Biphenyls

(PCBs). The fluids were drained from

the transformers, then transferred to

barrels and sold. During the recovery

process, substantial quantities of

transformer oil were spilled onto the

ground. Mr. Cobb continued this

operation until his death in 1979, when

Mr. Rolling Fulbright began operating

the Site as Deadeye’s Salvage Yard, an

automobile salvage yard.

Sampling by the EPA in 1984 and

1985 identified PCB concentrations up

to 39,000 parts per million (ppm) in the

soil at the Site. After reviewing the data,

EPA determined that the contaminants

posed an imminent and substantial

endangerment to human health and the

environment. As a result, the Regional

Administrator for EPA Region 6

authorized the removal action in an

Action Memorandum dated August 23,

1985. The EPA conducted a removal

action for the Site from September 1985

until April 1987 to address direct

human contact threats and the potential

for offsite migration of contaminants.

An exemption to allow continuation of

the removal action beyond the sixmonth time limit was granted by the

Regional Administrator on May 7, 1986.

The removal action consisted of the

removal and disposal of the electrical

equipment and drums containing

hazardous substances; decontamination

and relocation of automobiles and other

salvage material; consolidation of

contaminated soils to the center of the

Site; grading of the Site for effective

drainage and installation of a synthetic

liner and clay cap, and erection of a

security fence around the Site. The clay

cap placed during the removal action

was constructed as a temporary cap and

not a permanent cap for a permanent

remedy. The Site was proposed for the

National Priorities List (NPL) in January

1987 (52 FR 2492) and placed on the

NPL in July 1987 (52 FR 27620).

C. Characterization of Risk

The EPA initiated a Remedial

Investigation/Feasibility Study (RI/FS)

in 1989. The RI determined the types

and amounts of contaminants present at

the Site and discovered the extent of

contamination. The RI indicated that

PCBs were the contaminants of concern

at the Site, based on concentration and

risk; that contamination was limited to

soil at the Site; and that no ground

water or surface water contamination

from the Site was detected. The

predominant PCB species present was

Aroclor 1260. The FS developed and

evaluated a range of alternatives to

remediate the contamination. The RI

was finalized in March 1990 and the FS

was finalized in July 1990. A proposed

plan for the Site was issued in August

1990, presenting the preferred remedial

alternative of chemical dechlorination

of the contaminated soil.

The Regional Administrator for EPA

Region 6 signed a Record of Decision

(ROD) on September 27, 1990. Through

the ROD, EPA selected Alternative 4—

Excavation, Onsite Chemical Treatment,

as the remedy for the Tenth Street

Superfund Site. As noted in the ROD in

the ‘‘Statement of Basis and Purpose,’’

the State of Oklahoma did not support

the original remedy selected in the ROD.

The EPA issued an Alternative

Remedial Contract Strategy (ARCS)

work assignment to the Remedial Design

(RD) contractor on March 28, 1991, for

design of the onsite chemical treatment

remedy. During the RD, problems with

the implementation of this process

which EPA had encountered at other

Superfund sites became apparent.

Problems that were experienced

included: low production rates; severe

odor problems given off from the

treatment process and persisting in the

soil after treatment; ‘‘soupy’’ (wet)

physical condition of the treated soil

and the ensuing need for stabilization

before placement back on the ground as

backfill; soil volume increases of 100%

during treatment, causing space

problems for backfilling on the site; and

leaching of residual reagent from the

soil following treatment.

In addition to the aforementioned

technical problems posed by chemical

dechlorination, treatment of the

contaminated soil at this Site was

further complicated by the existence of

construction debris and other types of

solid waste that had been dumped at the

Tenth Street Site prior to the PCB spills.

The PCB-contaminated soil became

mixed with the solid waste at the Site.

The materials handling problems

resulting from such a mixture further

complicated the treatment remedy and

contributed to increased construction

cost estimates.

As a result, EPA re-evaluated the

remedial alternatives for the Site. On

September 30, 1993, the Regional

Administrator for EPA Region 6

executed an amendment of the ROD for

the Site (ROD Amendment). The major

components of the remedy selected in

the ROD Amendment, which was

concurred upon by the State, included:

(1) Excavation and placement of

contaminated soil, with PCB

concentrations greater than 25 ppm,

from the roadway right-of-way on the

south side of N.E. Tenth Street onto the

existing cap; (2) allowing the Oklahoma

Department of Transportation’s

widening of Tenth Street to cover

contaminated soil in the roadway rightof-way on the north side of N.E. Tenth

Street; (3) construction of a new cap

meeting the technical requirements for

caps under the Toxic Substances

Control Act (TSCA), 40 CFR 761.75 (b)

(1) and (2); and (4) maintenance of the

cap and ground water monitoring. Cap

maintenance will continue in

perpetuity. Ground water monitoring

will continue until PCB contamination

is undetected in five consecutive years

of annual monitoring.

The EPA determined that this

alternative was protective of human

health and the environment, complied

with Federal and State requirements

that are applicable or relevant and

appropriate, was cost-effective

compared to equally protective

alternatives, and utilized permanent

solutions and alternative treatment

technologies to the maximum extent

practicable. This remedy did not satisfy

the statutory preference for treatment as

a principal element.

In May 1994, EPA entered into an

Interagency Agreement (IAG) with the

U.S. Army Corps of Engineers (USCOE)

(Tulsa District) to perform the Remedial

Design (RD) for the Site based on the

ROD Amendment. The EPA also entered

into another IAG with the USCOE in

April 1994, to perform the Remedial

Action (RA) for the Site. Subsequently,

the USCOE contracted with Abatement

Systems, Inc., of Broken Arrow,

Oklahoma to perform the RA for the

Site. The contract with Abatement

Systems, Inc., was awarded on April 26,

1995. The USCOE provided contract

supervision and quality assurance

during the RA.

The USCOE, at EPA’s direction,

issued the notice to proceed for the

remediation contract on May 31, 1995.

Actual remediation activities at the Site

began August 28, 1995. The following

operations were conducted according to

design specifications set forth in the RD

package as part of the remediation:

—Sampling and disposal of 26 drums.

—Over-drilling and grouting of three

existing monitoring wells.

—Excavation and relocation of PCB

contaminated soil from the perimeter

of the Site.

—Installation and development of new

monitoring wells.

—Placement of 3-foot thick clay barrier

layer.

—Placement of geomembrane, drainage

net, and geotextile.

—Installation of perimeter drain system.

—Placement of cover soil and topsoil

layers.

Approximately 4,655 cubic yards of

soil with PCB concentrations greater

Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Proposed Rules 25295

than 25 ppm, the health-based

performance standard, were excavated

from the north and west perimeter and

the south corner of the perimeter of the

Site, and placed in the area to be

capped. The above quantity included

additional excavation of 275 cubic yards

of soil which the USCOE determined to

exceed cleanup standards after the

initial excavation sampling. The

completion of the selected remedy

addressed the principal threat posed by

the Site, by preventing direct contact of

humans with the contaminated soil and

by reducing the mobility of the

contamination.

In January 1997, ODEQ began

inspection, maintenance, and

monitoring activities in accordance with

the approved operation and

maintenance (O&M) plan, issued May

1995. The ground water monitoring

wells at the Site are being sampled

annually. Monitoring will consist of

sampling five monitoring wells, two up

gradient and three down gradient, to

verify that PCBs from this Site are not

contaminating the ground water. In

addition, ODEQ will mow the grass on

the cap, inspect the cap for damage, and

make any repairs to the cap necessitated

by erosion or other damage.

The EPA issued the Final Close Out

Report for the Site on July 3, 1997, after

consultation with ODEQ. The Close Out

Report concluded that the Site met all

of the site completion requirements as

specified in Close Out Procedures for

National Priorities List Sites (OSWER

Directive 9320.2–09). The EPA has

determined that the remedy for the Site

is operational and functional.

Specifically, the EPA and ODEQ have

determined that all analytical results

were accurate to the degree needed to

assure satisfactory execution of the RA,

and consistent with the ROD, as

amended, and RD plans and

specifications. All contaminated soil

with more than 25 ppm PCBs has been

placed under the clay barrier layer and

the geomembrane as evidenced by

confirmation sampling. Infiltration of

precipitation will be retarded by this

liner, thereby reducing possible

leaching of the contaminants into the

ground water. Additionally, protection

of the ground water has been verified by

the first sampling round, conducted at

the completion of the RA, which found

no detectable levels of PCBs in the

samples collected from the five

monitoring wells.

Consistent with Section 121(c) of

CERCLA, 42 U.S.C. 9621(c), and the

requirements of the OSWER Directive

9355.7–02 (‘‘Structure and Components

of Five-Year Reviews,’’ May 23, 1991),

a five-year review will be required at the

Tenth Street Superfund Site. The EPA

must conduct statutory five-year

reviews at sites where, upon attainment

of ROD cleanup levels, hazardous

substances remaining within restricted

areas onsite will not allow unlimited

use of the entire site.

D. Community Involvement

The Site has been the object of

considerable public interest from

residents living in the vicinity of the

Site. As a result, EPA conducted an

active community relations effort to

ensure that the residents were informed

about the activities at the Site. A

Technical Assistance Grant (TAG) was

awarded to assist a local citizens group

to be better informed and to have input

into project activities. Community

meetings were conducted by EPA at

major project milestones to keep the

community informed about the project

and to receive their input. Public

participation activities have satisfied the

requirements of CERCLA Subsection

113(k), 42 U.S.C. 9613(k), and CERCLA

Section 117, 42 U.S.C. 9617. Documents

in the deletion docket which EPA relied

upon in making this recommendation of

Site deletion from the NPL have been

made available to the public in the two

information repositories referenced

herein above.

E. Proposed Action

In consultation with ODEQ, the EPA

has concluded that all appropriate

response actions required at the Site

have been completed (neither the

CERCLA-required five-year reviews, nor

operation and maintenance of the

constructed remedy is considered

further response action for these

purposes), that all appropriate Fundfinanced response actions under

CERCLA have been implemented, and

that no further remedial action is

appropriate. Moreover, the EPA, in

consultation with ODEQ, has

determined that the Site now poses no

significant threat to public health or the

environment. Consequently, the EPA

proposes to delete the Site from the

NPL.

Dated: April 13, 2000.

Sam R. Becker,

Acting Regional Administrator, U.S. EPA

Region 6.

[FR Doc. 00–10647 Filed 4–28–00; 8:45 am]

BILLING CODE 6560–50–P