Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41369

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346(a) and

371.

2. Section 180.1209 is added to

subpart D to read as follows:

§ 180.1209 Bacillus subtilis strain QST

713; exemption from the requirement of a

tolerance.

An exemption from the requirement

of a tolerance is established for residues

of the microbial pesticide Bacillus

subtilis strain QST 713 when used in or

on all food commodities.

[FR Doc. 00–16803 Filed 7–3–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6727–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; deletion of the

Laskin/Poplar Oil Company Superfund

Site from the National Priorities List;

request for comments.

SUMMARY: EPA Region 5 announces the

deletion of the Laskin/Poplar Oil

Company 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 EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA is taking this action because it has

determined that the responsible parties

have implemented all responses under

CERCLA; and EPA, in consultation with

the State of Ohio, has determined that

no further response is appropriate.

Moreover, 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: This ‘‘ direct final’’ action will be

effective September 5, 2000, unless EPA

receives dissenting comments by August

4, 2000. If written dissenting comments

are received, EPA will publish a timely

withdrawal of the rule in the Federal

Register informing the public that the

rule will not take effect.

ADDRESSES: Comments may be mailed to

Gladys Beard, Associate Remedial

Project Manager, Superfund Division,

U.S. EPA, Region 5 77 W. Jackson Blvd.

(SR–6J), Chicago, IL 60604.

Comprehensive information on the site

is available at U.S. EPA’s Region 5 office

and at the local information repository

located at: The Ashtabula Public

Library, 355 W. 44th St., Ashtablula, OH

44004. Requests for comprehensive

copies of documents should be directed

formally to the Region 5 Docket Office.

The address and phone number for the

Regional Docket Officer is Jan

Pfundheller (H–7J), U.S. EPA, Region 5,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

FOR FURTHER INFORMATION CONTACT:

Richard Boice, Remedial Project

Manager, at (312) 886–4740 (SR–6J), or

Gladys Beard, Associate Remedial

Project Manager, Superfund Division

(SR–6J), U.S. EPA, Region 5, 77 W.

Jackson Blvd., Chicago, IL 60604, (312)

886–7253 or Susan Pastor (P–19J),

Office of Public Affairs, EPA, Region 5

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–1325; Mike Eberle, State

Project Manager, at Ohio Environmental

Protection Agency, 2110 East Aurora

Road, Twinsburg, Ohio 44087–1969,

(330) 963–1126; the Laskin Final

Remediation Trust Fund, Engineering

Management, Inc., 1500 Ardmore Blvd.,

Suite 502, Pittsburgh, Pennsylvania

15221–4468, Attn: James R. Campell, at

(412) 244–0917.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Action

I. Introduction

EPA Region 5 announces the deletion

of the Laskin/Poplar Oil Company Site

from the National Priorities List (NPL),

appendix B of the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part

300. U.S. EPA identifies sites that

appear to present a significant risk to

public health, welfare and the

environment, and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

that the Hazardous Substance

Superfund Response Trust Fund (Fund)

finances. Under § 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.

EPA will accept comments on this

proposal for thirty (30) days after

publication of this document in the

Federal Register.

Section II of this action explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

U.S. EPA is using for this action.

Section IV discusses the history of this

site and explains how the site meets the

deletion criteria. Section V states U.S.

EPA’s prospective action of deleting the

Site from the NPL unless dissenting

comments are received during the

comment period.

Deletion of sites from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations.

Specifically, this deletion does not

affect the provisions or requirements of

the Consent Decrees entered in United

States v. Alvia Laskin, et al Civil Action

(84–2035Y N.D. Ohio) and United States

v. Anchor Motor Freight Co., et al, Civil

Action No. (89CV1999 N. D. Ohio.

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.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that Sites may be deleted from,

or recategorized on, the NPL where no

further response is appropriate. In

making a determination to delete a

release 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;

or

(ii) All appropriate non-time critical

Removal Actions or 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. The

Laskin/Poplar Oil Site now meets

criterion (i). Criteria (ii) and (iii) are not

relevant to this Site.

III. Deletion Procedures

The following procedures were

followed before the proposed deletion of

this Site from the NPL:

(1) All appropriate response actions,

under CERCLA have been implemented

and no further EPA action is

appropriate; (2) The State of Ohio has

41370 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

concurred with the proposed deletion

decision; (3) A notice has been

published in the local newspaper and

has been distributed to appropriate

federal, state, and local officials and

other interested parties announcing the

commencement of a 30-day dissenting

public comment period on U.S. EPA’s

Direct Final Action to Delete; and, (4)

All relevant documents have been made

available for public review in the local

Site information repositories. EPA is

requesting only dissenting comments on

the Direct Final Action to Delete.

For deletion on the Site, EPA’s

Regional Office will accept and evaluate

public comments on U.S. EPA’s Final

Notice. If necessary, the Agency will

prepare a Responsiveness Summary,

responding to each significant comment

submitted during the public comment

period. As stated in section I above,

deletion of the Site from the NPL does

not itself create, alter, or revoke any

individual’s rights of obligations. The

NPL is designed primarily for

informational purposes and to assist

Agency management. Further,

mentioned in section II of this

document, § 300.425(e)(3) of the NCP

states that the deletion of a release from

a site from the NPL does not preclude

the Site’s eligibility for future response

actions.

IV. Basis for Intended Site Deletion

The Laskin/Poplar Oil Company Site

is located at 717 North Poplar Street in

Ashtabula County, Jefferson Township,

Ohio west of the Village of Jefferson.

The nine-acre site is bounded on the

north by Cemetery Creek, on the south

by Ashtabula County Fairground, to the

east by Poplar Street, and to the west by

softball fields and a wooded ravine

belonging to the County of Ashtabula.

Prior to remedial action

implementation the Site contained the

property owner’s former residence, a

greenhouse complex, a boiler house

containing 4 boilers formerly used to

heat the greenhouses, a smokestack, 4

in-ground oil storage pits, 1

underground and 32 above ground

tanks, a retention pond, two drained

ponds, a fresh water pond, and

miscellaneous buildings and sheds.

Greenhouses were located on the Site

since the early 1890’s. In the 1950’s,

boilers were installed to heat the

greenhouse. Storage pits and tanks were

installed during the 1960’s to store the

oil that fired the boilers. The Poplar Oil

Company continued to accept waste oil

from hundreds of sources in northern

Ohio and western Pennsylvania

throughout the 1960’s and 1970’s. The

company resold some of the waste oil

and used additional waste oil to treat

gravel and dirt roads in 17 townships of

Ashtabula County. In 1977, U.S. EPA

and Ohio Environmental Protection

Agency (OEPA) indentified

polychlorinated biphenys (PCBs) in the

waste oil. In 1981, a court order stopped

activities at the Poplar Oil Company.

In early 1981, EPA investigated the

Site and detected PCBs in waste oils,

ground water and soils. In 1981 and

1982, EPA performed several removal

actions at the Site. The emergency

actions included draining and regrading

two ponds; diverting surface runoff to a

retention pond to prevent flooding;

removing 302,000 gallons of waste oil

taking them to an off-site incinerator;

treating and discharging off site 430,000

gallons of contaminated surface water;

and solidifying on site 205,000 gallons

of sludge.

In 1983, the Site was placed on the

EPA’s Superfund National Priorities List

of uncontrolled hazardous waste sites.

Fund-lead Phase I remedial

investigation (RI) activities were

conducted from December 1983 to

November 1984. In response to an

Administrative Order issued in August

1984, the potentially responsible

parties(PRPs) removed approximately

250,000 gallons of waste oil and

wastewater during the winter of 1985–

1986. A second Administrative Order

was issued to the PRPs in late 1986,

which ordered them to develop a work

plan to address the storage pits, tank,

and their contents, and surrounding

soils. EPA completed Focused

Feasibility Study (FFS) in August 1987.

The Source Removal (SR) Record of

Decision (ROD) was issued on

September 30, 1987. Phase II RI

activities were conducted in the fall and

winter of 1987–88. A third

Administrative Order was issued in

February 1988 for implementing the

1987 SR ROD. The Phase II RI Report

which contained the results of both the

Phase I and II RI Investigations was

released in December 1988. The Final

Remedy (FR) FS was provided for

public comment on April 7, 1989. A

final remedy was selected on June 29,

1989 and documented in the FR ROD.

PRPs organized the Laskin Site Group

and performed the SR and the FR

remedial design and remedial actions

(RD/RA) under a September 1990

Consent Decree. The SR ROD work to be

performed under the 1988

Administrative Order was incorporated

into the 1990 Consent Decree. Due to

the incineration of different materials

set forth in both RODs and the need to

prepare the Site for RA activities, some

FR activities were necessarily performed

during the SR.

The SR ROD selected remedy consists

of the following major components:

• Construction of a fence around the

contaminated portions of the Site and

the mobile on-site incinerator;

• Off-site treatment of all wastewater,

decontamination water, and scrubber

water;

• Dismantling and off-site disposal of

all tanks;

• Crushing and incineration of the

cinder block walls of the pits; and

• Backfilling and/or grading of all

excavated areas to prevent ponding.

The components of the FR ROD

consist of the following:

• Drain retention and fresh water

ponds. Discharge surface water from

ponds to Cemetery Creek, with

treatment if required. Backfill a

freshwater pond with clean fill and

grade retention pond area;

• Thermally treat contaminated soil,

ash, and debris from the boiler house

area and dispose of ash on-site (if

delistable) or off-site to a RCRA

permitted landfill;

• Demolish and thermal treatment or

decontamination of dioxin

contaminated structures. If material

cannot be thermally treated or

decontaminate, contain material in an

on-site concrete vault and place beneath

the cap;

• Construct a groundwater diversion

trench up-gradient of the contaminated

oil and groundwater;

• Construct a multi-layer cap;

• De-water site by natural

groundwater flow to Cemetery Creek;

• Conduct groundwater and surface

water monitoring to assess quality of

groundwater migrating towards

Cemetery Creek; and

• Impose access and use restrictions.

The ROD and statement of work for

the Consent Decree included

performance standards for the FR

including:

1. The on-site incinerator would meet

a destruction and removal efficiency at

99.99% for solvents, miscellaneous

organics, 99.999% dioxin and 99.999%

for PCBS;

2. Discharges to the water in Cemetery

Creek must comply with Ohio Water

Quality Standards, and Federal Ambient

Water Quality Criteria;

3. The goal of the groundwater

diversion was to dewater the site. If the

groundwater is lowered to below the top

of the unweathered shale, the site would

be considered dewatered. If complete

site dewatering was not achieved then

Federal Maximum Contaminant Levels,

under the Safe Drinking Water Act,

would apply at the property boundary.

In June 1991, the Remedial Design

(RD) for the SR was finalized, and in the

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41371

Remedial Action (RA) work was

formally initiated. U.S. EPA and Ohio

Environmental Protection Agency

(OEPA) conducted a prefinal inspection

on November 19, 1992. Incineration of

all required material was completed on

November 25, 1992. EPA approved the

RA report on December 22, 1992.

The FR RD was formally approved

and the RA work initiated in March

1992. The FR included construction of

a slurry wall to facilitate site dewatering

in addition to the diversion trenches

provided for in the ROD. A letter dated

September 21, 1993 from the PRP

Laskin/Poplar Site Group certified that

all RA activities were performed

according to design specifications,

contractor plan, and EPA and OEPA

approved modifications. EPA conducted

a final inspection on September 20,

1993, and approved a Preliminary Close

Out Report on September 23, 1993.

Since completion of construction, the

Site has been monitored and inspected

in accordance with a EPA approved

Inspection, Maintenance and

Monitoring Plan. In accordance with

this plan, quarterly groundwater and

surface water monitoring was conducted

in 1994, 1995, and 1996, and semiannual groundwater and surface water

monitoring was conducted in 1997 and

1998.

A five-year review pursuant to

OSWER Directive 9355.7–02 (‘‘Structure

and Components of Five-Year Reviews’’)

was conducted at the Site and a report

of its conclusions was signed in May

1999. The five-year review report

concluded that the remedial action

selected for this Site remains protective

of human health and the environment.

The review determined that

groundwater monitoring conducted over

the five years since completion of

construction has demonstrated that the

groundwater has consistently been

lowered below the unweathered shale,

and that the data has not identified an

impact of the Site on groundwater of

surface water.

V. Action

In its review of the five year review

report, Engineering Management Inc.,

the Laskin Remedial Trust Fund’s

contractor correctly pointed out that the

non-incinerable materials that were

potentially dioxin-contaminated were

decontaminated sampled, and found to

contain less the 1 ppb of dioxin. As a

result, it was not necessary to store any

dioxin-contaminated material in a

proposed vault below the cap, and this

part of the remedy was eliminated. A

small amount of asbestos-contaminated

material was encased in what has been

referred to as a ‘‘concrete vault’’ on site

diagrams, but this vault is not the vault

referred to in the ROD. The five year

review found that the Site inspections

have indentified a concern about slope

stability, as well as routine erosion

problems. The on-going inspection and

maintenance program will address these

problems. The next five year review

should be completed by October 15,

2000.

On June 30, 1999, EPA approved

discontinuing the periodic groundwater

and surface water sampling. However,

periodic water level monitoring,

inspections, and maintenance activities

will continue, and groundwater and

surface water sampling can resume if

necessary.

EPA, will the State of Ohio’s

concurrence, has determined that all

appropriate Fund-financed responses

under CERCLA at the Ladkin-Poplar Oil

Company Superfund Site have been

completed, and no further CERCLA

response is appropriate or necessary in

order to provide protection of human

health and the environment other than

the ongoing inspection, maintenance

and monitoring activities. Therefore,

EPA is deleting the Site from the NPL.

This action will be effective

September 5, 2000. However, if EPA

receives dissenting comments by August

4, 2000, EPA will publish a document

that withdraws this action.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous Waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: June 14, 2000.

Gary Gulezian,

Acting Regional Administrator, Region 5.

Part 300, Title 40 of Chapter 1 of the

Code of Federal Regulations is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); 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]

2. Table 1 of Appendix B to Part 300

is amended by removing the entry for

‘‘Laskin-Poplar Oil Co’’, Jefferson

Township, Ohio.

[FR Doc. 00–16513 Filed 7–3–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 712

[OPPTS–82054; FRL–6589–1]

RIN–2070–AB08

Preliminary Assessment Information

Reporting; Addition of Certain

Chemicals

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This final rule addresses the

recommendations of the 41st TSCA

Interagency Testing Committee (ITC)

Report by adding 29 alkylphenols,

alkylphenol ethoxylates, and

polyalkylphenols to the Toxic

Substances Control Act (TSCA) section

8(a) Preliminary Assessment

Information Reporting (PAIR) rule. The

ITC recommendations are given priority

consideration by EPA in promulgating

TSCA section 4 test rules. This PAIR

rule will require manufacturers

(including importers) of the 29

substances identified in this document

to report certain production,

importation, use, and exposure-related

information to EPA.

DATES: This rule is effective on August

4, 2000.

FOR FURTHER INFORMATION CONTACT: For

general information contact: Barbara

Cunningham, Director, Office of

Program Management and Evaluation,

Office of Pollution Prevention and

Toxics (7401), Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (202) 554–1404; e-mail address:

TSCA-Hotline@epa.gov.

For technical information contact:

Paul Campanella, Chemical Control

Division (7405), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460;

telephone number: (202) 260–8130; fax

number: (202) 401–3672; e-mail address:

ccd.citb@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information:

A. Does this Action Apply to Me?

You may be affected by this action if

you manufacture (defined by statute to

include import) any of the chemical

substances that are listed in § 712.30(e)

of the regulatory text portion of this

document. Entities potentially affected

by this action may include, but are not

limited to: